Stuart Alan Heller's Answers

Tenant gave landlord 30 day notice to vacate, landlord gave tenant 3 day notice of eviction, NM landlord tenant law

I practice law in Washington state, rather than in New Mexico. You should review your lease to determine when and under what conditions you are able to terminate it. Here in Washington if you are on a month-to-month lease you must give at least one full month's notice. If you pay rent on the first of the month then you must give the notice prior to the first of the next month in order for it to be effective at the end of the next month. In Washington and probably in New Mexico the landlord's 3...

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Can a landlord unreasonably withhold an assignment or transfer of a commercial lease?

Your lease will control. Unless it say the landlord cannot unreasonably withold approval to a requested assignment then the landlord my refuse such approval.

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Liability around fallen trees

The case of Lewis v. Krussel, 101 Wn.App. 178, 2 P.3d 486 (Wash.App. Div. 2 2000) suggests that your neighbor could be liable for any resulting damage if he/she knew of defects in the tree(s). I agree that retaining an attorney and giving notice to your neighbor is a good idea.

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Is the landlord responsible for a tenant's noise disturbance? i.e. barking dog and the tenant won't do anything about it

I suggest you first try to talk to your neighbor, perhaps invite them for coffee or a glass of wine, and discuss the problem. If that fails write to the landlord. If that fails call the police about the nuisance and see if they will speak to the neighbors. If there are other concerned neighbors see if you can enlist their help with the matter. I believe that only a code violation could make the owner liable for some enforcement action by the regulating authority. As a last resort you...

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I have rented a room in my house. We have a month to month agreement. The tenant is verbally abusive and threatening to me.

The state law on the notice required to get him out is 59.12.030 Unlawful detainer defined. A tenant of real property for a term less than life is guilty of unlawful detainer either: (2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than twenty days prior to the end of such month or...

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WA state landlord tenant act, tenant's rights to early termination of a lease

Depending upon the amount of your security deposit it may be better for you to stay in the leased premises for the last month. As to the security deposit itself, if you are in the state of Washington the following laws apply and they may be helpful to you: 59.18.260 Moneys paid as deposit or security for performance by tenant -- Written rental agreement to specify terms and conditions for retention by landlord -- Written checklist required. If any moneys are paid to the landlord by...

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What is the best way to transition my WA LLC into a C-Corp and move it to Wyoming?

1. Our LLC is only two years old, however it does have some credit and age. Can we preserve this while still merging it into a brand new C Corp? IF IT IS TAX ISSUES THAT ARE MAKING YOU THINK OF MERGING OR CONVERTING YOU SHOULD BE ABLE TO DO THAT BY NOTIFYING THE IRS THAT YOU WANT THE LLC TO BE TAXED AS A C-CORP WITHOUT MERGING OR CONVERTING. 2. Would it be advantageous to move to Wyoming, then make LLC -> C Corp transition, or complete this in WA then move? YOU MAY NOT NEED THE...

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As a passive investor in an S Corp, do I face any personal liability if the company should be sued, go bankrupt, or otherwise?

Unless you have a shareholder or other agreement that makes you liable, or you personally participate in some wrongdoing by the company, you should be shielded from personal liability. Also if the company does not behave like a corporation (e.g. doesn't have bylaws, doesn't hold annual shareholders' meetings, doesn't create and retain minutes of its shareholders' meetings, etc.) it is possible though difficult for someone suing the corporation to successfully claim that the corporation is a...

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As a single person consultant, should I incorporate? If so, as an LLC, C-Corp, S-Corp, other? Thx

If you will be making agreements with other parties who are willing to contract with your business entity rather than you personally then you would be better off forming some form of limited liability business entity. An LLC or for profit corporation will provide the same amount of protection. A C corporation and an S corporation are the same thing provided all the shareholders are US citizens and there are less than 35 of them. An S corporation is generally taxed like a partnership (which...

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I signed a lease and the landlord is being slow/flaky to sign and return it. Can I break the lease?

The 10 day notice requirement does not appear to apply to the requirement for providing you with a copy of the lease. Otherwise I agree with Mr. Kelly. Also, unless the lease you signed provides otherwise you have the right to withdraw your offer to lease the premises at any time before the landlord accepts it. Your signature on the lease makes it your offer to lease. Be sure to withdraw your offer by written notice to the landlord, perhaps by certified mail so that you have a record of its...

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