Paul E. Escobar's Answers

If I signed a employment contract and was required to give 60 days notice but only gave 20 days. Can the employer sue me?

There are not enough facts here to give a meaningful answer, but generally, yes, if you did not give the required notice, you breached the contract. Several issues arise, however, that might affect whether the employer actually sues you, including: do you have a non-compete built into the employment contract (industry/location specific)?; what is the basis for the 60-day notice (need to hire replacement)?; will the employer suffer any damages as a result?; how long was the contract, such that...

I am a contracter that has been doing jobs for an apartment/condos. without a contract

You have several options, including filing or recording a mechanics or construction lien on the property or going into a small claims or higher court to sue for breach of contract. Simply because you did not have a written contract does not mean you did not have a contract. And yes, your invoices and photos are evidence. Depending on the amount involved, it makes sense to hire an attorney. Good luck there.

Can a landlord enter into another lease transaction before the current tenant has signed a lease termination agreement?

I am a landlord and contracts attorney. This is NOT legal advice. The issue is not whether the landlord can have two transactions at once, but rather whether they conflict. Here, you have a lease that you are trying to terminate. Whether you can terminate before the lease term ends depends upon the lease language. Whether you need an agreement with the landlord to terminate early also depends on the lease language. Regardless of the lease language, if you and your landlord agree in...

Are automatic year-to-year renewals on alarm service contracts permitted by WA law?

As a contract lawyer, I see these types of automatic renewal clauses constantly. I do not know what WA law requires, and I cannot render legal advice, but if I were you I would contact the service provider and explain the situation. They might agree to cancel the agreement or allow you to continue on a monthly basis, especially if you have been paying them for three years. Explain the situation to them and if they are good business people, they should accommodate you. I had a similar...

Should I have signed this agreement with my former landlord? Could I have moved out otherwise?

You need to get a copy of the document you signed. The landlord should not have had you sign another document, other than confirmation you were giving them notice of termination. There is a slight possibility you signed another lease (month-to-month or even a lease extension), but that's unclear based on the facts. Immediately go to the leasing office and demand a copy of whatever you signed. Then read it (obviously) to make sure you did not enter into a month-to-month lease, which would...

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I am going to the marines. I need a separation agreement and fast. How can i obtain it?

Contact your Commanding Officer (CO) or office of the CO immediately and ask to speak to a JAG officer (I am a former USAR JAG officer). Explain the situation and ask for someone who is licensed in NC and knows the court system where you live. You will not be charged for the advice. Good luck and thank you for your anticipated service!

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Can I sue a minor in small claims court for not paying a cell phone bill in which we entered a verbal agreement?

Generally, contracts entered into by minors are voidable and unenforceable, with limited exceptions, based on the common law principle that children are incompetent to enter into contracts until they reach the age of majority (at least 18, depending on the jurisdiction). The mother, however, is not immune and can be held accountable for her own actions. So forget the child and file against the mother.

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How do I sue my landlord for twice our security deposit?

I cannot give you legal advice because I'm not licensed in Oregon. Nevertheless, most states have laws that are very specific regarding the circumstances under which a landlord may keep and return the security deposit, including whether the security deposit was properly placed into an interest bearing account, whether the landlord gave you a receipt for the deposit, whether the landlord paid you interest, whether the landlord itemized the damages within a particular time frame, and whether the...

Home Security Contract Issue?

What do you mean by "inefficiency"? I cannot give you legal advice because I'm not admitted in Canada or KY; however, it appears you signed an agreement that has a term of at least a year (not enough facts so I don't know for sure). If you cancel within that time frame, you would, under normal circumstances, have to pay off the balance of the term, based upon an "acceleration" clause in the contract. On the other hand, if the company is in material breach of the agreement, e.g., they are not...

Do I have legal right to my property in my home after I have sold it?

Absolutely. Unless the short sale had language in the purchase and sales contract conveying your personal property to the buyer, your stuff did not automatically transfer to the buyer at closing. You have a claim against those who were involved with disposing of your personal property, including "conversion" and perhaps even theft, depending on the circumstances. You could take them all to small claims court (depending on the total value); at a minimum, get a lawyer.