William Robert Falcone's Answers

Can a tenant evict roommate not on lease for not paying their fair share

The first thing to try is to call the police. If she is not on the lease and you are, you should show the lease to the police, and explain that it is your apartment, and you have asked the house guest to leave and they have ignored you. If that does not work it is, because the police sometimes do not want to get involved and will see it as a civil matter. Then you will have to bring an eviction proceeding. You would be the Subleasor or landlord, and she would be considered your...

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Can a tenant provide a 30 day notice on the 7th of the month or do I have to give notice on the first of the month

I am an attorney practicing in New York and Colorado. I can give you some guidance, but you will likely need to speak to a lawyer practicing in CA to confirm my response. Generally, if you do not have a written lease you are considered a month to month tenant. Some written leasees are also drafted as month to month tenancies. Month to month leases are basically a series of mini one month leases that are automatically renewed unless one party gives notice to the other of their intention and...

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Can a credit card creditor put a lien on my vehicle if I refuse to pay the credit card balance

I am a lawyer practicing in New York and Colorado, and do not practice in Texas. However, I do know that there are many issues raised in you e-mail. If they have never sued you on this claimed debt, you should first find out the applicable statute of limitations. They may have waited to long to sue you. Six years is a typical statute of limitations for these claims in NY. Secondly, they can not put a lien on anything, uness they sue you and win by default or otherwise. If they win and get...

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Are debts listed on the divorce decree solely the responsibility of that spouse or are both spouses still liable for the debt

I am a lawyer practicing in Colorado and New York. However, I can give you some good advice. Since the account was, and remnains joint. You are responsible to the credit card company . The first thing you should do is have the company block future charges to the account since you are not obligated to keep this account open for your ex-spouse. (It sounds like this should have been done a long time ago, and you should do the same thing for any other joint credit accounts.) Then, I would...

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Real estate inheritance question

You do have the right to force a sale under these circumstances. The sibling living there needs to be advised that if (preferably by an attorney who represents you and your other sibling) he does not agree to sell, you will bring a partition action in court to force the sale, and that you will seek attorney's fees from him for forcing you to bring the action. Usually, a letter like this will prompt him to see a lawyer of his own who will advise him that he has no case, and that his failure...

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When closing a business partnership - and the business in debt- do you pay the exiting partner?

There are many factors and legal representation will be of great help to you. If you plan on continuing the business, or if the business has assets that exceed the debt, you should value the business as a going concern, and/or as if the assets were being sold. Your partner should do the same. If there is posative value, then there may be a reason to compensate the departing partner. However, if there is more debt than value as a business, or if the assets will not pay off the debt, then...

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My neighbor landscaped a 10' wide by 62 yard section of my property now he has moved out and I want to put a fence up.

The old neighbor likely knew where the property line was, and the new owner likely knows as well, based upon their survey. So it is still your property. Out of courtesy, you should simply speak to your new neighbor, explain the situation and put up the fence according to local ordinances. Call the town and ask them for a copy of their requirements for fencing. I hope this answers your question and good luck resolving your leagl matter.

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What are my rights with a quitclaim deed.

I would need to see the documents to fully answer this question. If you were added as an additional owner, you likely have some rights to possess the property or live there. Additionally you may gave some other rights, given the promises made to you, the work you put in in reliance of those promises, etc. It sounds like you need to call an attorney for an appointment quickly, and retain the attorney if they think they can help. Your grandmother should probably do the same. That way the two...

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Under CO landlord tenant laws who is responsible for removing an animal that was stuck in the chimmey

The landlord is responsible for this type of repair. If the landlord is notified and refuses or does not take care of it in a reasonable time period, you may have it done and reduce your rent by the amount of the expense you paid. I hope this answers your question adequately.

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What legal obligation does a home inspector have if he finds a gas leak in the home he is inspecting?

Assuming the home inspector was hired by the purchaser, his contractual obligation does not extend to the Seller. He is obligated to notify the buyer, and the buyer would then place the seller on notice. As a practical matter, if the seller were home, or if they had their real estete agent present, they would have likely learned of it at the time of the inspection. You could try to make an argument that there was some sort of duty to inform the seller, given the potentially serious nature of...

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