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Brandon Kavanagh

Brandon Kavanagh’s Answers

342 total


  • Neighbor dispute

    Help. My parents are going through a neighbor dispute. They have wall damage in their backyard that 2 mason's have told them is due to the neighbors palm tree. My dad approached the neighbor about the issue but the neighbor said he would not pay...

    Brandon’s Answer

    This situation does seem to need the involvement of an attorney, even if it is to help document what your parents are doing to handle the damage and help protect them from future claims by the neighbor. Get in touch with an experienced real estate attorney that has a litigation background as well.

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  • Can 2nd lien wiped out 1st lien in foreclosure? If the 2nd lien recorded before 1st lien.

    I bought a 2nd lien (HELOC) on a property in Arizona. Further researched, the 2nd lien and the 1st re-finance are recorded on the same date. However the 2nd is recorded at 8:00AM and the 1st recorded At 3:0PM. Thus the assigned document numbers a...

    Brandon’s Answer

    I agree with the other posting attorney that this question needs far more information to be able to determine the respective rights involved. The HELOC may be recorded first in time but might also have a subordination involved. There might be issues with prior priorities being maintained, especially as you note to start that you understood you were buying a second position lien. I can understand if the first lien says it has priority and you are attempting to claim that you are superior to that lien why the title insurer for the other lien would threaten suit. You need to work with an experienced real estate attorney that handles title issues.

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  • Retaliatory eviction

    My mother is leading office space and a week ago land lord sent a text saying they had "three options, pay rent and move out may 2, don't pay rent and move out Monday, either way your lease is terminated" my mom then made payment and secured anoth...

    Brandon’s Answer

    An attorney will need to understand all of the details of your mother's situation to properly advise her, and you do need an attorney involved. It should be someone familiar not only with commercial landlord/tenant law but also criminal law. Depending on how the facts come out, there may be claims your mother can make as a tenant as well as a crime victim. The attorney will need to see the lease as well as any proof of the statements being made by the landlord.

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  • How to evict a roommate that is on the lease?

    My roommate and I are both on the lease for a rental home. She is not paying her share of the rent or the utilities and she is destroying the property but she refuses to leave. How do I go about getting her evicted?

    Brandon’s Answer

    To answer your question, you cannot evict your roommate as you are not the owner/landlord. You can have claims against your roommate based on the relationship between you as parties to a contract. As the other posting attorney noted, the landlord might have a reason to evict the roommate for damaging the house, but you need to also make sure you protect yourself from being included in any landlord claims for damage to the house since you are both listed as tenants. Work with an experienced landlord/tenant attorney to help you protect yourself regarding both the landlord and your roommate.

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  • Do I need an attorney for a roach infestation problem that started as soon as we moved in?

    We have lived in the apt building for two years now. Roach problem started as soon as we moved in and we let the office know. Along with that the stove and dishwasher did not work properly and the sinks smell like sewage. Again we let the office k...

    Brandon’s Answer

    You should work with an experienced landlord/tenant attorney. You need to discuss your actions in asking for help over the two years you have been in the apartment and how you can document your efforts to get the landlord to cure the problem. The landlord should inspect the apartment and you should have legal counsel ready to help you in case the landlord attempts to say that you are responsible for the roaches. As another posting attorney noted, videotaping the roaches is certainly helpful especially if you can try to track down their entry point(s) to the apartment.

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  • Living with roaches.

    I moved into an apartment 3 weeks ago, moving in I saw some dead bugs but nothing alive. Since then I have had a huge issue with LIVE roaches. I've contacted my apartment, they've sprayed but the bugs remain. I've contacted them twice, they offer ...

    Brandon’s Answer

    I agree with the other posting attorneys. You need to work with an experienced landlord/tenant attorney that can help make sure you trigger the requirements of the landlord/tenant laws in Arizona. If you need assistance finding an attorney, you can call the Maricopa County Bar Association referral service to help get you in touch with an attorney.

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  • Who all is liable for rent payments?

    If an Ohio tenant who is subject to a written lease which has been converted to a month-to-month tenancy, invites a girlfriend and her children to move in with him, which is an action prohibited in the rental agreement, and the rent subsequently c...

    Brandon’s Answer

    More information is needed to answer your question. Where is the rental at? Is it here in Arizona where you are or is it property you own in Ohio? That is going to impact the question of which law applies and may change the answer you receive. You will have to address whether the girlfriend is considered a house guest or a tenant under the applicable law as you generally have to have privity of contract with the person to pursue them directly or you need to look for a non-contract claim (such as unjust enrichment). Speak with an experienced landlord/tenant attorney wherever the rental is located.

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  • My existing mortgage co. has not paid my FHA mortgage insurance?

    I can't refinance my FHA home loan without an FHA case file number. I have called and emailed them and get no response except that they will check into the problem. Where do I go from here?

    Brandon’s Answer

    I agree with the other posting attorney. Sadly, you might have to have an attorney write the same letter you would so that you get your issue processed more appropriately by the company since a demand letter usually goes through different channels than customer service requests/complaints.

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  • Neighbor will not allow us in to repair irrigation pipe on her property that is in her backyard within the utility easement.

    We are in Central Phoenix and get flood irrigation from SRP. SRP contends they are responsible for the irrigation infrastructure up to the gates. Not the pipes running through the easement in everyone's yard. Everyone who gets the flood irriga...

    Brandon’s Answer

    I agree with the other posting attorney, but you are also asking for help on how to get her to the table. You may need help in the form of a carefully worded demand letter by an attorney that notes the strengths of your case (such as the damage to other's property because of her refusal to repair a communal irrigation pipe) in possible litigation but equally notes your desire to get this done without going to court and with the help of SRP. Sending the letter tries to get her to the table but also helps you as a possible future exhibit in litigation regarding how reasonably you approached the issue before filing suit.

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  • Help! Do apartments in Mesa, AZ come with window and sliding glass door screens, baseboards and carpet metal trim?

    I am a new Resident of Arizona by way of California. My new Arizona apartment does not have window nor sliding glass door screens, all other units In my complex do. Also, there Is no baseboard at the bottom of the walls in the bedrooms and small h...

    Brandon’s Answer

    Your question is hard to answer as presented. Are you asking whether door and window screens are required as a matter of law? If so, not generally. That does not mean that a health or safety reason might not exist, such as vermin or insects getting into the apartment. The same seems to be true of your question about baseboards and transitions from carpet to linoleum. If there is a tripping hazard or some other form of safety concern, there may be something for the landlord to address. All this is different from the fact that you may want to contact the management of the complex and note that others have screens but you do not and that baseboards and transitions would help protect the carpet and avoid tripping issues. If you think there is more at issue, talk with an attorney.

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