Skip to main content
Cheryl Rivera Smith

Cheryl Smith’s Answers

5,722 total


  • I am currently being evicted or kicked out of a transitional living facility

    I am currently being evicted from a transitional living facility for failing an inspection and they said I tested positive for a non prescription drug, but my Dr wrote a letter stating that my medicine could test positive for what I tested positiv...

    Cheryl’s Answer

    This isn't a real estate question. You need to discuss this with a criminal lawyer since it directly is related to your conditions of probation. I am re-classifying the question for you. Best of luck.

    See question 
  • Is a Landlord Lease Valid Without the Landlord's Signature? And I have original lease

    I sign a lease for 14 months but I don't see the Manufacture mobile home (mmh) only my wife she saw the MMH, I sent paper for email signed. Today I went and saw the MMH and I changed I don't want the lease. Can I cancel the lease I don't move,...

    Cheryl’s Answer

    You would be obligated, but not your wife. A valid lease does not require both signatures. Try to work something out with the landlord. That is the best options.

    See question 
  • Need a letter stating that my husband is illegal and I need to buy a home

    Am buying a home and underwriting is wanting a letter from an immigration lawyer stating that my husband is here illegally and does not have a ss#

    Cheryl’s Answer

    Use the AVVO search function to find a local immigration attorney. You might also try Catholic Charities Immigration Counseling Services on LBJ Freeway east of Central Expressway.

    See question 
  • My homeowner's association seems to be overstepping their boundaries. What are my rights?

    I bought a new house with mandatory membership to the fitness facility. I knew fitness membership was mandatory, and did not mind. At closing I paid a hefty initiation fee and the first quarter of membership dues. I then get an "application packe...

    Cheryl’s Answer

    Interesting. I agree with Mr. Lampe, the documents you signed at closing will spell out your rights and obligations regarding this issue.

    See question 
  • I just received a 3 day eviction notice for my home what happens if I can't move out within that time. I have a disabled veteran

    husband in my care? I am trying to look for places to move but cannot find any within my budget

    Cheryl’s Answer

    I agree with both of my colleagues. Realistically, you probably have at least 3 weeks before the writ of possession issues and the Sheriff appears at your doorstep. Alternatively, you may be protected by the "Protecting Tenants at Foreclosure Act," but you need to be paying market rent and be current on your payments. This Act will let you stay for at least 90 days if you meet the criteria for protection.

    See question 
  • If a rental tenant misses work due to carbon monoxide, do I need to reimburse lost wages?

    A rental property had a carbon monoxide leak due to a problem with a block flue. Tenant missed two days work since she felt ill. As soon as I found out about the problem, I had it repaired. It took 1 1/2 days to fully repair and I paid for a ho...

    Cheryl’s Answer

    You may want to contact your insurance carrier on this one. If it were me, I would reimburse her the $472.22 and get her to sign a release when you hand over the money. A local attorney can help you with this.

    See question 
  • CAN I SUE BANK OF AMERICA FOR A JUDGEMENT ATTACHED TO ME FOR $36,523 BECAUSE OF ACCRUED CONDO FEES

    I own a condo in Greenbelt MD 20770. I have owned the condo since 2005 but I abandoned the property October 2007. I have not been back to the property nor rented the property since 2007. I filed for bankruptcy December 2007 and the bankruptcy was ...

    Cheryl’s Answer

    The bank has no obligation to foreclose and may have a business reason to not be willing to assume the liability. You probably don't have a cause of action against the bank. Sorry.

    See question 
  • I signed a lease 2 days ago, haven't paid any costs, taken possession or done a walk through and need to back out, can i do this

    I did an electronic signature on a lease and need to back out. No money has changed hands, I haven't taken possession or done any walk through-my situation has changed and I need to back out. What recourse do I have? the lease was asking for secur...

    Cheryl’s Answer

    A lease is a binding contract. Your best bet is to negotiate a termination with the landlord. An electronic signature is as good as a signature in person. See Uniform Electronic Transactions Act (UETA). Sorry.

    See question 
  • Do I need a real estate lawyer?

    Divorced since 2006, spouse was awarded the house. I signed a quit claim. Ex did not refinance, I'm still on the mortgage loan. What type of lawyer do I need to file a partition lawsuit?

    Cheryl’s Answer

    I agree with my colleague. Your spouse would need to either sell the house and payoff the loan or refinance. Any other arrangement should have been address in your divorce negotiations.

    See question 
  • What happens after a 3 day notice is given?

    I have been given a 3 day notice for rent that is late for either payment or possession of the premises. If the rent is not paid by the 3 days will I be put out then or do they have to go through an eviction process?

    Cheryl’s Answer

    They must go forward with the eviction process. Unless you cure the default or have a good defense, the judge will rule against you, give you a final move out date, and render judgment against you. Best of luck.

    See question