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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,717 total


  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • Dogs and dog walking allowed in condo. can ccr's be changed for those owners already established.

    Assoc is deciding to not allow dogs access to grass in complex. this includes dogs that have lived there before rule change. I understand changing for new owners or tenants, but many bought or rented because condo was pet friendly.

    Cheryl’s Answer

    You would have to read the CC&Rs to see what authority the board has. Chances are they can change the rules and regulations with aren't actually a part of the recorded CC&Rs, but are still effective. Keep in mind that any city ordinance against non-leashed pets would trump the condo rules.

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  • I live in an rv park and my rent is paid for november in full and i wanted to know if they can serve me a 72 hr move out notice

    I have not broken and regulations or rules. The acting mgr. was concerned i was using to much electricity . The electricity is included in my rent .

    Cheryl’s Answer

    Unless the overuse of electricity is a default, I don't know that your landlord would win if he or she akes you to eviction court. Maybe you should offer your landlord a little extra money for the electricity. Best of luck.

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  • Does my mother have any recourse to come back at me if I evict her. She does not pay rent.

    I took my moither in in January because she was displaced, trailer home was destroyed, she was only supposed to be there on a temporary basis. She now does not want to leave and I can no longer financially keep her. If have eviction papers drawn...

    Cheryl’s Answer

    I can't think of any claim she could make against you. Just be sure you follow the correct eviction process. You might want the help of a local attorney.

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  • What is my best action, my apartments have not cashed my rent checks for the last 6 months.

    The last 6 months I have paid my rent before the start of the new month on the 1st, whish have not been cashed. I have brought it up to management and they said that my account is paid. What is my next best option? I do plan to move once my lease ...

    Cheryl’s Answer

    You owe the money. If they come back later and ask for it, it will your responsibility to pay or provide proof of payment according to your lease agreement..

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  • Signed a lease with my roommate for 1 yr. Moved in, discovered roommate is an alcoholic, situation is getting worse. What to do?

    Shortly after moving in with my roommate, I realized he is an alcoholic, and it's pretty bad and getting worse. We're talking too drunk to get his keys into the lock at 3AM on a Tuesday so he calls me 5+ times, leaves food on the stove and passes ...

    Cheryl’s Answer

    The easiest thing is to have a frank talk with your roommate and get him to mutually cancel the lease in writing with you. You may have leverage in that should his behavior become dangerous for you to live there, you might need to contact the police. If you can't come to an agreement that will allow you both to move on, then call an attorney.

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