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Lincoln W. Hobbs

Lincoln Hobbs’s Answers

89 total


  • Do eviction rules only apply to rent-controlled cities?

    If I own a house in a city where there is no rent control and I rent it out under a 1-year lease, am I free to ask the tenant to vacate at the end of the lease term or do I have to have a valid reason to do so? If so, where do I find the list of r...

    Lincoln’s Answer

    It's hard to say, without knowing your city and w/o research whether other restrictions apply. If there are none, your contract will govern. Does it require notice of intent not to renew?

    See question 
  • We own a piece of real property that has no access. An adjoining land owner was in a similar situation until he recently

    acquired an express easement of access from another adjoining land owner. He is now willing to grant us an easement across his property as well as use of the easement he obtained from his neighbor thereby giving us access to our property. C...

    Lincoln’s Answer

    As to the express easement, it will depend upon what it says. Your neighbor cannot grant more rights than he owns. You may have implied or necessity based easements that a court could establish.

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  • Rent was paid through January 31. I was given written notice January 17. What is 30 days? Is it from January 17 or January 31?

    Note: I had no problem with the property manager, who left a year+ ago. I now deal with the owner in Illinois. Am on month-to-month. She is unaware that there are nay laws governing Landlord/Tenant relations.

    Lincoln’s Answer

    Reminds me of the lawyer joke about "What time would you like it to be?" The response is somewhat in jest, but I wonder what the notice says, and what you want. If she said she wants you out in 30 days, and you can find a new place mid-month, you could probably just follow her lead.
    On the other hand, since you are on a month to month, you can pay a month's rent at the end of the month, and stay there for another month. That's the meaning of month-to-month.

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  • I had slept with my supervisor for a year and a half. I was unwilling, but never said know in fear of losing or negatively

    affecting my job and career. I told my managers (who are higher than he is) and they are taking immediate action. I am curious though how I should be handling this situation. Should I be getting an attorney to file a sexual harassment lawsuit o...

    Lincoln’s Answer

    I'd recommend you see a lawyer, and talk to him or her about whether you should file a claim. Even if you don't file a claim, however, I think you should talk to a lawyer to get advice on how to protect yourself from retaliation.

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  • Can a Counseling business in Utah legally Charge $160.00 in service/interest charges on a $50.00 no/show bill?

    I had cancelled 2 days before the appointment however I can not prove that but every month since last November they have been charging a $20.00 service charge and I have tried calling them several times and they do not answer the phone. the total ...

    Lincoln’s Answer

    • Selected as best answer

    You might want to try to involve the Better Business Bureau in this. They're probably not legally entitled to do this, and likely will never try to collect, but it's not feasible for you to hire a lawyer to fight it, and they know that. The prior answer provides a good option to try to make it go away, and if they cashed the check, you would have a good legal defense, but again be in the predicament of them perhaps ignoring the law and still pursuing you.
    (They are likely violating the Fair Debt Collection Practices Act, FYI.)
    Lastly, do they have a Facebook page? You could comment about your experiences on it, and perhaps that will get their attention.
    Good Luck.

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  • Can a couple and two unrelated people reant a 3 bed 2 bath home in missouri?

    The house has plenty of room for the four of us but we didnt know if it was legal to move in

    Lincoln’s Answer

    Provided it's not prohibited by the lease, you can.

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  • If my wife refinances our home mortgage in her name only; If Isign the deed over to her will I loose my rights to the equity?

    no details

    Lincoln’s Answer

    From the limited facts you provide, it appears the answer is yes. Please provide more details as to the situation. Is there a divorce involved? Are you doing this for credit related reasons?

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  • Hello. I have just rented out my condo and have a renter in who is complainging of noise from footsteps upstairs and wants to

    leave. He sighned a 1 yr standard lease agreement. When he moved in to unit it was quiet and a week into his stay the owners of condo upstairs started ripping up floors and putting in hardwood and since then he is awake all night or woken up at ...

    Lincoln’s Answer

    Whether or not he can leave will depend upon the terms of the lease, the amount of the noise, and how long it continues. The condominium's declaration may have restrictions on hardwood floors; you should check into that. Has anyone spoken to the owners upstairs? If they buy some rugs, that could solve (or at least reduce) the problem.

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  • How much notice does my landlord have to give me to increase rent?

    My lease is up in August and he is increasing rent by more than 10%. He just told us yesterday though, that's only giving us 18 days notice. Doesn't he need to give us more notice than that?

    Lincoln’s Answer

    To some extent, it may depend upon the terms of your lease. Does it have a renewal provision?

    If it doesn't have a provision regarding your renewal rights, and if you haven't negotiated a new lease, the terms of your new lease will be subject to negotiation. He can probably increase your rent, but you may be willing to convince him to not increase them that much, in order to keep you as a tenant, and not have to re-let the place. If you move out, he may lose a month's rent, and that would almost equal the 10% increase.

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  • I live in enoch utah where the ccr's arn't being enforced and i've gone to everybody. what do i do

    city council won't do anything and niether will the person that put thee ccr's in place. it's a new development and it's starting to look like trash.

    Lincoln’s Answer

    The City isn't responsible for enforcing them; the association should have a board who should take that responsibility. Sometimes, however, developers are unaware of or unwilling to assume this obligation. If they fail to do so, your association's C,C & Rs may allow you and/or other members of the association to enforce the governing documents. I would recommend contacting an attorney who specializes in community association law. You can find additional information on Utah Community Association Law on my blog, and my firm's webpage, both of which are linked below.

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