Skip to main content
Stephen William Hance
Avvo
Pro

Stephen Hance’s Answers

141 total


  • We have a tenant who is not paying rent because the city will not issue us a rental license. Do we have rights to evict her?

    My husband and I still own our first home and we rent it out since we can't sell it. It needs a little work done on it before the city will issue us a license to rent it out. They notified the tenant of this, so she stopped paying rent. She was...

    Stephen’s Answer

    You can probably evict them, but it is more complicated to be sure since you have allowed them to occupy without having a rental license. Their position is double edged because the CIty will eventually vacate the property if you do not have a rental license. Both sides understanding these issues could lead to compromise. Starting an eviction proceeding will likely bring these issues to a head. Good luck!

    See question 
  • What are my best options?

    I received a third party summons in a personal injury case. the original case is between my old landlord and a friend of mine. the case was almost settled between the plaintiff and my landlords insurance company, however my old landlord called his...

    Stephen’s Answer

    Often lawyers provide free initial consultations. It would be a good idea to meet with one or more such lawyers to see what your risks and costs will be in this case. If you are qualified for an attorney through Legal Aid or a related group that is one avenue. If you do not have enough money to pay a lawyer to handle your case, you might still consult or retain a lawyer to determine whether you are a candidate for bankruptcy and/or analyze the impact of worst case scenarios on your personal finances.

    See question 
  • In a trust/estate litigation in New Jersey, is Alternative Dispute Resolution required if neither party is interested

    in reaching a non-binding compromise? Is there an option for binding arbitration for trust/estate litigation, or does that apply only to commercial litigation?

    Stephen’s Answer

    Subject to confirmation by a NJ lawyer, typically you can ask the Court to waive the ADR requirement where it is clearly futile, but Courts do not commonly like to grant such requests because many cases that seem like they will never settle, actually do. From an experienced litigators perspective, you are usually better off having a mediation, even if it ends soon rather than making that request. Good luck!

    See question 
  • Hawaii business agreement

    I signed a business agreement with a customer to provide some professional service. The agreement states that the customer can terminate my service any day with or without reason, but did not mention any sort of provision that entitles me with sim...

    Stephen’s Answer

    Obviously without reviewing the agreement it is hard to analyze the circumstances under which you can quit the agreement. If the customer is in breach of the agreement you would typically be able to terminate in those circumstances, but you would also typically be required to notify them of the breach and give them opportunity to cure. If there is absolutely no provision allowing you to terminate, ever, that may be an essential term missing from the contract that you should consider straightening out with the customer. Subject to review of the agreement itself, in the personal services context you should be able to quit the contract at some point, and without a provision in the contract giving you that right, you likely have the right at common law. Good luck!

    See question 
  • WHat is needed to dismiss a lawsuit in Hennepin county if a settlement was reached out of court?

    Reached a settlement with the Defendant in an unlimited jurisdiction in the Minnesota state court? Does Hennepin county require a notice of settlement to filed? how about a dismissal form... is there a form that I can use? Is there anything els...

    Stephen’s Answer

    Typically when parties to a lawsuit have settled out of court, in addition to a settlement agreement they sign a "stipulation of dismissal" in the case and one of the parties files it. The stipulation of dismissal can be "with prejudice" meaning neither party can resurrect the case or "without prejudice" which means that a party could start essentially the same case again down the line. The court administrator might be able to provide you with a form "stipulation of dismissal with prejudice" if that is what you need. Good luck!

    See question 
  • Am i doing the right thing?

    Me and my pregnant fiance have been living in a house basement duplex for about a year now no lease and no legall paperwork my home is now infested with mice and we have found quite a bit of mold about 3 months ago i have brought this up and asked...

    Stephen’s Answer

    As per Ms. Dwyer's comment, if you look at the Attorney General's website you will see that there is a court procedure for escrowing your rent pending compliance by your landlord with curing habitability issues. If you simply stop paying rent you risk being evicted although there are many courts that may simply allow you to assert the habitability issue as a defense. Good luck!

    See question 
  • A founders group dissolved after a dispute and reformed without me. Do I have a case against this group if they are successful

    I put the group together. But they did not like one of the people I brought in. They wanted to disband and reformed another group but because of the person they did not like I have been left out of the reformatting as well even though I put all o...

    Stephen’s Answer

    I tend to agree with the other answer. What will be the premise of your lawsuit? Did you contribute intellectual property that the others have taken? Were there any written agreements among the parties? What capital did you and/or the others put into the venture? In the absence of written agreements to the contrary, there is nothing illegal or improper per se with the conduct of the group that formed the new business as you have described it. It would be a good idea to go over the facts with a lawyer in your area and not to get your expectations too high. Good luck.

    See question 
  • Does a software business usually need any business license?

    I couldn't find any license requirement for a software business. Just wanted to make sure if I'm right. Thanks in advance.

    Stephen’s Answer

    You do not need any license to carry on a software business in general. Good luck!

    See question 
  • Can I take my business partner to small claims court and get my items back and off of the lease.

    Jan 1, 2015 my friend says, "Quit your job and come start a detail shop with me". He invested the initial start up cost (approx 15k) in exchange for my expertise, connections, and workmanship. Profit is a 50/50 split. I donated an exterior sign (3...

    Stephen’s Answer

    We would need more information to give you direction. If there is no business entity formed as of yet you can probably take your things and leave. If you have formed a company it is probably more complicated. It is unclear what you would seek in conciliation court. Go over your situation with a lawyer who gives a free initial consult to get better direction. Good luck!

    See question 
  • Are there any attorneys that would take a will dispute on a contingency basis? I have a very well organized paper trail.

    My documents are pretty concise and I have various witnesses to support the facts

    Stephen’s Answer

    That is going to depend completely on the facts and circumstances of your case. A will dispute is not the type of case that an attorney would typically handle on a contingent fee for various reasons but if the case seems strong enough, and there is enough money involved to make it worth an attorney's while, it is possible. Good luck!

    See question