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Robert Lloyd Mauger Jr

Robert Mauger’s Answers

1,050 total


  • Rental agreement/termination for breach of contract

    Tenant continually, late. Has broken all responsibilities as agreed upon in month to month contract. Paid first and last. Giving notice to end contract. Do I have to give her 30 days notice or being she has still not paid her rent can I legally ki...

    Robert’s Answer

    If tenant is now current on rent you need to give her 30 days' notice, or 60 days if she's been there more than a year. If she's behind on rent, you can give 72 hours' notice to pay rent or leave.

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  • I have a lease with my tenants that wasn't signed or dated by the landlord. Is this lease still valid?

    There is a lot of contradictory information out there. My soon to be ex husband moved these tenants in the house and did not sign the lease. Does this then revert it to a month to month lease where I can give them 30 days to vacate. They have cons...

    Robert’s Answer

    If they've been paying rent and someone has been accepting rent, they certainly have a tenancy. I would think that the fact that the lease hasn't been signed by the landlord might get you some traction in saying there's no agreement to a term lease. But regardless, the landlord needs to send termination notices and if necessary follow up and evict. It's not quite clear what your status is with your future-ex, with regards to who can manage the property or what would happen if you disagree about the management of property that you co-own. Preparing and sending notices requires following the landlord-tenant acts precisely, or otherwise you can end up wasting valuable time not getting your tenants out and paying your tenant's court costs and attorney fees. For that reason, plus a few additional wrinkles involved with your husband, it's best to at least consult with an attorney.

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  • HELOC .....my husband is being asked to take retirement from his job. Is this possible:

    HELOC .....my husband is being asked to take retirement from his job. Is this possible: Use the HELOC for needed medical coverage for me since I am not old enough for Medicare yet and set this money aside for dental for both since neither of us wi...

    Robert’s Answer

    If you pay off the mortgage(s) but not the judgment, the judgment lien will stay with the property and eventually either need to be foreclosed (by the judgment creditor or a senior lender) or paid off (by you, your estate, or from the purchase of your home). If you can't pay off the judgment from the sale of the property (or negotiate a discount with the judgment lienholder) then you probably won't be able to sell the home.

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  • What is the process of foreclosure. I'm only 30 days late and no notice issued. can they foreclose the next day &order us vacate

    My friend is allowing me to live in her residence. I was informed mortgage was due middle of the month due to a family death I planned on paying the 10th of the nect month assuming I'm be within the 30 days. Mortgage company calls me, I'm not the ...

    Robert’s Answer

    The foreclosure process does not work that quickly, whether you're the tenant or the owner. Don't talk to the mortgage company on the phone, except to tell them that you'd like the information that they want to share with you in writing. If you get notice of a court case or that the lender has elected to foreclose by non-judicial sale, there will be a sale date. At that point, you probably want to at least consult with your own attorney to talk about a timeline for when you might have to move out, and perhaps some remedies that you might have against your landlord. But at that point you'll still be months away from any eviction proceeding. If you're a bona fide tenant (actually paying something resembling market rent under a written lease agreement) you have additional protections.

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  • My husband had put down and was going to buy a mobile home. The Manager ran a background check and said we passed.

    Then he called and told us that we know longer qualify for the home, and we would not be paying the space rent on time. Both my husband and I are disabled (which they knew) and they agreed we could have both our dogs....(the others in the park hav...

    Robert’s Answer

    The details to your transaction would be important to determining whether you and your landlord had an agreement which he is now breaching by not finishing the sale. Looking at the written agreement(s) would help.

    I'm not sure what impact the sale of the home has to do with your payment of space rent. Reviewing your lease or purchase agreement would probably help.

    But ultimately, if you have a companion animal and your landlord is telling you that you have to get rid of it, you potentially have claims against your landlord for discrimination based on your disability under the Fair Housing Act.

    You need to consult with an attorney to review all of these matters in greater detail. Good luck.

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  • Failure to cure question

    I have a tenant who has some dogs. They also have a pet agreement. In the pet agreement, it states they are to provide to me proof of dog licenses and immunizations upon request. I sent them a letter asking for this information on May 27. No p...

    Robert’s Answer

    If they haven't cured by tomorrow and they haven't left by the 30th, you can file an FED (eviction) with the court based on your notice. Whether the court agrees that the failure to get licensing is "material noncompliance" with the lease is something the judge will have to decide based on the evidence presented. If you're right, your tenants get evicted and have to pay your costs and attorney fees. If you're wrong, the tenants stay and you end up paying their court costs and potentially their attorney fees. There's enough risk involved here that you shouldn't wander into court without your own attorney.

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  • Landlord has terminal cancer. Leased his home for a year. Can landlord break lease so the landlord can live in his home again?

    Landlord leased his 2 bedroom home located within the city limits in Ashland, Oregon for a year in order to travel overseas. After being gone a year, he renewed the lease with the tenant for another year. 6 months later, while traveling, the land...

    Robert’s Answer

    No, a landlord can't undo a lease just because circumstances change. It's a done deal and it's the home's not his to possess until the lease is validly terminated.

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  • Can a landlord raise your rent before your 1yr lease is up?

    my lease is up in sept. but there raising the rent in aug. if you sign a lease does that lock the rent untill the lease is up.

    Robert’s Answer

    You're correct, your landlord can't raise rent during a term lease.

    You should probably inform the landlord of your refusal to pay the increase in writing explaining his or her mistake. Of course, if the landlord disagrees, and you withhold a portion of what the landlord thinks is the rent, you may end up with a 72-hour notice for nonpayment of rent. At which point, you should talk with your own attorney.

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  • Does an assistant manager have the right to give personal info on a tenant to another tenant

    Applying for resident in a mobile home park told assistant manager, because there was no manager at the time, he has felon charges. I than heard the neighbor talking about this person. How did the neighbor know the resident that's applying midd...

    Robert’s Answer

    No idea how the tenant found out. It's possible, but not entirely clear, that the applicant would have a claim for invasion of privacy based on public disclosure of private facts--of course, if all that was disclosed is the applicants' middle name and just to one neighbor, I don't think there's be much a claim, let alone damages to sue for.

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  • Do we need a lawyer to give the 30-day move-out notice if the landlord ended up in prison with no contact information?

    We are on a month-to-month tenancy and want to give the written 30-day notice "formally". We had already paid the first and last month's rent plus a security deposit in the beginning of the lease. We were able reach his wife over the phone who cla...

    Robert’s Answer

    If you're going to give a notice to anyone other than the landlord, you should also copy the landlord at whatever address is on your lease for giving notices (or failing that, to the address that you pay rent to). As for the keys and the walk out, if you can't reach anyone, I would just take pictures showing the condition of the property when you left if. If the lease doesn't say where to return keys to, you can probably just leave them locked inside the house with a letter to the landlord telling him that you've relinquished occupancy of the house and where to find the keys. Keep copies of anything you've sent to your landlord for your records. If you get contrary instructions from your landlord, agent, or his power of attorney, you should follow those. If you're concerned that the person you're dealing with doesn't have authority to deal with the property, you should request written proof of their agency.

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