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Victoria Therese Aguilar
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Victoria Aguilar’s Answers

136 total


  • How can I negotiate the unreasonable apartment lease terms with landlord? (not rental price)

    I am preparing to sign a lease for a new apartment but find some unreasonable terms on the 58 pages long lease. Please advise on how I can negotiate with the property company to my benefits? Examples of the unreasonable terms: "I, the...

    Victoria’s Answer

    You have the right to attempt to negotiate any term within the lease agreement, however, it would only be successful if you have leverage. If you have leverage you can simply propose the changes to the landlord and hope for acceptance. Alternatively, if you look to other similarly situated residential leases and propose terms similar in nature - that may be more acceptable to the landlord. But beware, any landlord with a 58 page lease may not be easy to work with.

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  • Do I have to sign non compete clause after my last day of work ?

    I have given my notice to quit my dog walking job. My last day is jan 17. My boss wants to meet with me on the 21st and give me my final check and have me sign noncompete clause and other paperwork. Can she do this after I am done working there?

    Victoria’s Answer

    No, an employer cannot force an employee (former or not) to sign any paper work in exchange for due and payable wages. And, as already stated by others, I would suggest not signing anything without having an attorney review it first.

    Nonetheless, it is important to mention that without further consideration (some added benefit to you) it is not likely a signed non-compete would be enforceable anyway.

    If your employer refuses to give you your paycheck, immediately send her (via certified mail return receipt requested) a demand for payment. This is necessary if ever you want to make a claim against your employer for withholding wages.

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  • Landlord Harassment. What are my options? No written agreement. Can I have a lawyer talk to her or send her a letter?

    Renting a room in a house. Paying rent on time that is inclusive of utilities. The landlord keeps constantly lowering the heat. It's feels very cold & winter time. She is also quiet loud at times. Before renting she had told visitors are allowed. ...

    Victoria’s Answer

    First, you will want to speak with an attorney in your area as landlord/tenant laws are different in each state. However, typically, every state require landlords to provide quiet enjoyment and not to harass their tenants. In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises without interference. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises…etc. Additionally, there is the covenant of habitability which requires (dependent on state law) the use of heat and/or air conditioning as well as other necessities. When a landlord breaches such covenants, the tenant has legal recourse.

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  • Enter your question here. e.g., Do I need a contract attorney

    I purchased a new vehicle and the dealership took my trade in offering$12, 775.00 the dealership said they would pay the balance of the vehicle off, however they did the pay off added the pay off onto the new loan and kept the car, In other word...

    Victoria’s Answer

    This question is likely a matter of contract. As stated previously, it is unlikely you did not receive some credit for your trade in. If that is the case, and you were under the impression you were to receive “some” value then you should file suit for breach of contract.

    However, you should carefully and thoroughly look through your paperwork/contract to understand exactly what you agreed to in writing. Even if you signed the document, you may have legal recourse. It would be in your best interest to have an attorney examine the documents and the circumstances surrounding your issue.

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  • I was most recently let go from work with the reason given "it's just not working out". Do I have any ground for wrongful term?

    In a nut shell from the start whenever the opportunity was there I was being yelled at by the owner which made it very uncomfortable to work in, but needed the job so stuck it out. It got to the point that the tension got worse after I questioned ...

    Victoria’s Answer

    An attorney will need more information in order to decide whether or not your employment agreement was terminated for an unlawful reason. For example, was there any harassment, employer policy violations, a written employment contract in place, a termination policy - among others.

    Typically, as an at-will state, an employer can terminate an employment agreement for a lawful reason or for no reason at all – unless there is an agreement dictating other terms. You would need to speak with an attorney regarding the specific facts of your situation in determine whether or not you have legal recourse.

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  • Employer is closing our branch within 2 months, asking me to sign a separation agreement releasing them from all claims.

    Does this include unemployment? The first statement says "employee has separated or will separate, thereby discontinuing any employer/employee relationship." Is this statement meant to place the separation as willful? If I sign this agreement a...

    Victoria’s Answer

    Without having reviewed the agreement an attorney will not be able to provide you with much guidance. One thing is certain, you should certainly not sign anything unless you completely understand the terms you are agreeing to.

    An attorney will be able to explain the terms to you and if necessary draft new provisions to protect your interest with regard to the separation.

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  • I told my supervisor that I will not kill a black widow because of my religion and safety. Can he legally write me up for this?

    A Christian employee working in a Christian based establishment, I told my boss that I didn't want to kill the spider as it was Gods creation and I felt it would be a sin against my Lord. He ordered me to kill it despite my religious belief and my...

    Victoria’s Answer

    I have to agree with Mr. Leroi, while you are certainly free to file a complaint with the EEOC or CO Department of Labor, the real question here is whether or not it will be worth it.

    Have you been damaged in some way from this “write up” such as through reduction of pay, reduction of hours, demotion, unfair treatment, harassment? The truth is, without actual damages, what harm has the employer actually caused?

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  • Is it legal for my landlord to evict me after a new verbal agreement has begun since judge gave a judgement for me to be out 1st

    Is it legal for my landlord to evict me after a new verbal agreement has begun since judge gave a judgement for me to be out 1st because rent was lost in mail as he sided for landlord. Also this was unfair because contract law states that the land...

    Victoria’s Answer

    To the extent that the call of your question raises issues with the judges ruling, neither I nor any attorney can really say much about that other than I'm sorry that it ended in such a way. You could try to appeal the decision -- so long as you have a basis for that appeal; I'm not sure that you articulated that here.

    To the extent that you are asking about the enforceability of the new "verbal agreement" -- it depends on a number of factors that you did not state including what proof you have for the payments made (and whether those payments were not made to satisfy the judgment entered by the judge; i.e., monies owed versus continued rent), and the basis of the understanding in toto. I am not optimistic though about your ability to recover unless you can show that the landlord was unjustly enriched. Good luck.

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  • Payed 300 plus dollars to a relative for a new lease that I didn't sign. Now he wants to kick me out after a week. Can i get it?

    I did retain the money order stub for proof of payment.

    Victoria’s Answer

    As noted by Mr. Harkess, we are missing some facts here that may prove material to an appropriate response. That you have evidence of payment bodes well for you -- but why does the relative now want to kick you out? Did you violate a term of the agreement? Even if you didn't sign it, equity may be invoked to say that you did and that certain standards are expected in exchange for residency. I suggest you consult with an attorney. Best of luck.

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  • What can I do to defend myself from getting fired?

    My boss is building cause against me so he can fire me from my professional job. I was on a refocus plan which I've done very good, my manager thinks it was still not good enough. Can an employment attorney help?

    Victoria’s Answer

    As noted, Colorado is an "at will" employment state and so employment relationships can generally be terminated by either party, at any time, with or without notice, for any reason or no reason at all. In your case, the employer has already established that your performance did not meet expectations given your "refocus plan" whether you successfully come out of the plan in your opinion is really of no consequence. I'm not certain that an attorney can 'help' you unless you have reason to believe that you were placed on refocus plan because of your race, gender, age etc. (or other protected class status), or if it resulted from exericising of your rights. Good luck.

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