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Richard J. Chertock's Answers (6608)

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Archived

Not served 72 hr notice yet- landlord trying to move us out -before sheriff serves us. Do I have to let her in?

Richard's answer | Answered on March 07, 2016

The landlord can not come in. Landlord must wait for the sheriff to come and remove you.

Archived

Can I list my rental unit for sale now or do I have to wait until the lease expires in October?

Richard's answer | Answered on March 07, 2016

You can list it at any time. If your tenant has a lease you have to sell it either subject to the lease or close after the lease has expired and...

Archived

Was this transaction legal without my mothers knowledge? Is she entitled to any portion of the home in question?

Richard's answer | Answered on March 04, 2016

If the house belonged to him prior to the marriage and she was never put on the title to the house then the house belonged to him and he was free...

Archived

Can a member of an LLc be listed in the articles of organization?

Richard's answer | Answered on March 04, 2016

I agree with the other attorneys. You do not need to do it in the articles. It would be better practice to have a separate operating agreement...

Archived

LLC corporate structure

Richard's answer | Answered on March 04, 2016

While it is not required in an LLC it is a good idea to have named officers. One person can hold all offices. You should hold an annual meeting...

Archived

If I reopen my 2009 bankruptcy is that considered a new filing? Will it report to the credit agencies as a new public record?

Richard's answer | Answered on March 04, 2016

I suggest you go back to the attorney that represented you in the bankruptcy and inquire of him if these should have been discharged. If they...

Archived

Commercial tenant rights in a foreclosed property.

Richard's answer | Answered on March 04, 2016

As a month to month tenancy the tenant is generally entitled to 30 days notice. If he is not paying you can start an action on 72 hours notice,...

Archived

Is there a difference if the owner of the park is NOT an LLC? Do I have rights to a court proceeding and an additional 30 days?

Richard's answer | Answered on March 04, 2016

Not sure what you are referring to with regard to whether the lot owner is an LLC or not. It makes no difference as far as what notice you are...

Archived

How do I end a month to month the right way?

Richard's answer | Answered on March 04, 2016

Attorney Nozollilo has given you excellent advise. Follow it. If you landlord does not return your security sue him after you have vacated the...

Archived

Can I stop paying rent? What are some defenses for non payment? Are receipts enough proof for cash? Should I wait to be served?

Richard's answer | Answered on March 04, 2016

Is this a rent controlled apartment or rent stabilized? If it is then your landlord is not allowed to profit from the sublease. If it is not...