Richard Jonathan Cahan’s Answers

Richard Jonathan Cahan

Round Rock Landlord / Tenant Lawyer.

Contributor Level 15
  1. My tenant is on a month to month lease. I want my property back. do I have to state reason why in the letter?

    Answered 6 months ago.

    1. Richard Jonathan Cahan
    2. Dane OBrien
    2 lawyer answers

    Typically you do not have to give a reason, unless the tenant is a section 8 tenant or a written lease has some wording that reasonable cause has to be given. It is best to mail the notice by both certified mail return receipt requested and regular mail with certificate of mailing. See my guide at: http://www.avvo.com/legal-guides/ugc/how-to-properly-main-important-letters-lease-notices-for-texas- Be cautions of any claim of landlord retaliation. If the tenant made repair requests or other...

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  2. What can I do if the trustee named on a Deed of Trust won't start the foreclosure process.

    Answered 5 months ago.

    1. Richard Jonathan Cahan
    2. Steven John Clausen
    3. William Paul Matz
    3 lawyer answers

    You can appoint a new trustee, call a substitute trustee. You may even save on the cost as a substitute trustee may charge less than the trustee on the deed. Has to be an attorney though.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What are my options, when a past finance company [Green Tree LLC] threatens to take me to court and garnish my wages.

    Answered 8 months ago.

    1. Richard Jonathan Cahan
    2. Lu Ann Trevino
    3. Yianna C. Reizakis
    3 lawyer answers

    First of all Texas does not allow wage garnishment! The collector even saying they could do so may be a violation of the fair debt collections act! If you cannot pay, dont! Save the $100-$150 a month and in six months or a year offer them that amount to fully settle the debt. If you pay $0.01 that can renew the debt for another four years. If they do not sue within four years of your last payment then they may be foreclosed from suing. Speaking about the matter with an attorney and having an...

    8 lawyers agreed with this answer

  4. Do I have any rights to family property since I reside on it?

    Answered 9 months ago.

    1. Richard Jonathan Cahan
    2. Kendall Shane Cockrell
    3. Brian David Lerner
    4. Giacomo Jacques Behar
    4 lawyer answers

    You need to have the matter discussed in person with an attorney if at all possible. Basic answer is: it looks like you know own half and your uncle owns half. That is based on the limited facts you provided. If your father was married, or he had other children then the percentages would change. You will have to go to court to get the matter resolved. If the taxes have been paid and no mortgage is held against the property then it could stay in your grandmother's name for a long time if no one...

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  5. I would like some kind of legal advice if someone can help me, I am looking out for my aunt ,who is now 82 yrs. old . in which

    Answered 3 months ago.

    1. Richard Jonathan Cahan
    2. Penny Wymyczak-White
    3. Bonnie Klein Rhoden
    3 lawyer answers

    In all likihood a guardian needs to be appointed for your aunt and that guardian will need to seek legal assistance to challenge the deed. Your aunt being mentally incapacitated makes her unable to sign a deed so the court should find that deed invalid.

    7 lawyers agreed with this answer

  6. Sis & I inherited home; I lived there since 2008. I am single, female, disabled; Sis won't discuss buyout do I have to sell?

    Answered about 1 month ago.

    1. Stuart A. Lautin
    2. Manasseh Lapin
    3. Gary Don Peak
    4. Dax Jordan Lonetto
    5. Richard Jonathan Cahan
    5 lawyer answers

    Maybe I am just tired today so forgive me but that is crap! You own half of the house as well. You need to speak directly with an attorney who is familiar with both evictions and probate. Has the deed to the house been signed over yet? Is anyone living at the house? If not move back in! (but talk to an attorney first!) It sounds like your sister does not care about you so you may end up having to partition the property or sell through the court and partition, at court any offer can be made and...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can my tenant sue me for blocking payments?

    Answered 6 months ago.

    1. Richard Jonathan Cahan
    2. Dane OBrien
    3. Robert Neil Newton
    3 lawyer answers

    If the tenant will agree, then you can enter into any agreement that both sides accept. Get it in writing! You can block payment and demand payment via alternate methods, though if you lease says one type of payment only then you may be required to give a notice and possibly a notice period before the change takes effect. Late payment in itself is an evictable offence, even if the rent is paid, though some judges may not like such an argument. So there is a consideration for allowing them to...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. A former roommate begged me to take his furniture more than 2 yrs ago, now is demanding return. Am I obligated to return?

    Answered 10 months ago.

    1. Richard Jonathan Cahan
    2. Walter Wilbur Beuhler
    3. Christopher Richard Pothoven
    4. Janet Lee Steinman
    4 lawyer answers

    Thank you for your question. I would recommend taking an inventory of what you think is his. You can ask for storage fees but ultimately you should give the property back rather than fight about the matter. If your former friend goes to court then you could be in a mess. You do have a good argument that the property was abandoned but do you want to take the risk and possible expense of going to court over the matter?

    6 lawyers agreed with this answer

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  9. Does owed rent continue to accrue during eviction period?

    Answered about 1 month ago.

    1. Richard Jonathan Cahan
    2. Stuart A. Lautin
    3. Robert Neil Newton
    3 lawyer answers

    They still owe for March. If there is a written lease for a term then they owe for the rest of the term save for your obligation to mitigate damages and seek new tenants. Once new tenants take over the former tenants obligation to rent is removed. If you do not have a written lease then they would owe for a 30 day period for lack of notice.

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  10. Do I need a lawyer?

    Answered 3 months ago.

    1. Richard Jonathan Cahan
    2. Stuart A. Lautin
    3. Robert Neil Newton
    3 lawyer answers

    This is a case of it is probably best to let sleeping dogs lay. Such an old debt has probably been long forgotten and cannot be sued on any way. It also cannot show up on your credit history. Finding the actual owner of the debt may be difficult as the original owner may not even have any records on the matter or may no longer exist. Attorneys are not allowed to solicit clients in this medium and it would be difficult on the information you provided to say what is involved to address the matter...

    6 lawyers agreed with this answer

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