My tenant is smoking in the apartment, but I can't prove it. Can I evict him? The lease states no smoking. Do I need proof?
Nicholas's answer
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Answered on November 26, 2014
The proof required in a civil case is to the preponderance of the evidence -- that is, anything greater than a 50% likelihood that the facts in...
Archived
I WORK IN A COUNTY JAIL. I HAVE REPORTED DRUG DEALING AND SEXUAL HARRASSMENT AND AM NOW BEING TARGETED; CAN I SUE?
Nicholas's answer
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Answered on November 25, 2014
If you reported sexual harassment and are being retaliated against, that may be grounds to sue. You will need to speak with an attorney, because...
Archived
Can mother sell home for less than market value and not get penalized by medicaid.
Nicholas's answer
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Answered on November 25, 2014
Probably not, no. Medicaid has a five-year lookback period, and most transfers of assets for below market value during that time will result in a...
Archived
Is it legal for my landlord to go to my neighbors and tell them things about me and inform them he is trying to evict me?
Nicholas's answer
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Answered on November 22, 2014
Generally, so long as what he is saying is true, he can say what he likes to who he likes. Now, these actions may constitute harassment if done in...
Settlements and Section 8
Nicholas's answer
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Answered on November 22, 2014
Most settlement income is not counted in the Section 8 income calculations. So long as it is for a personal loss (injury or the like) or a property...
Archived
Do I have to let my town use my private access road while they close another road for repairs?
Nicholas's answer
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Answered on November 22, 2014
You should discuss this with your town. Some of your neighbors may have the right to use it, if their only other access to the broader road network...
Archived
Who is responsible for removing unpaid tenants items out of the apartment?
Nicholas's answer
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Answered on November 19, 2014
Whoever evicted them is responsible for storing the items of the evicted person for 6 months. Sounds like it was the landlord in this case, but...
Archived
How is it possible for a defendant attorney who did not show up for a small claims hearing , then file motions to dismiss case
Nicholas's answer
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Answered on November 17, 2014
Honestly, I can't tell you the answer here, because it is unclear what happened. Usually when a party fails to show up, you receive a default...
Archived
Do I need to evict a tenant that was the abuser in a domestic abuse case?
Nicholas's answer
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Answered on November 17, 2014
Yes, you need to treat this as a regular eviction, because there are no criminal charges involved. Whether she breached the rental agreement is...
Archived
May an employer ask an employee to use the bathroom off of the premises?
Nicholas's answer
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Answered on November 17, 2014
OSHA rules apply to almost every employer outside of the farm sector, and OSHA general industry standards require employers to provide toilet...
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