We are selling our construction business to an employee who wants to take over and do the same work as we do now, but under his own business name. This means that he is taking all of the leads that we would get from contractors, and all of our wor...
Lawyers don't value business - accountants do. I would talk to an accountant about this.See question
Good morning, I am going through a dispute with my land lord. I have paid rent by Money Order every month for the past 2 years. One of the Money Orders I had sent to the landlord is being considered a fraud. It was purchased on a bank card at a l...
Based on the information provided, no fraud was committed and I do not know why your landlord would make a claim of fraud. The money order itself could not have been fraudulent - since is was cashed.
Is the landlord claiming that she did not receive rent for the month in question? (Failing to pay rent is not fraud). If that is the problem, then perhaps the money order was mistakenly mailed to the wrong address, delivered by the post office to the wrong address, or someone other than your landlord cashed the money order - none of which would constitute fraud. You should write to your landlord (which may be by email) and ask her to write you back (which may be by email) stating whether she received the rent for the month in question. If the money order was stolen (so that your landlord did not receive the rent), then you would be required to pay the rent again, but this time, hand deliver the money order to the landlord.
The person receiving the cash from the money order signs the back (usually) of the money order. Assuming you kept a copy of the receipt or the tracking number of the money order, Western Union should have a copy of the money order and the name and copy of the signature of the person who signed the money order. Western Union will have you sign various forms and may, ultimately, reimburse you for the amount of the money order if cashed by the wrong person through no fault of your own If the person who signed was not the landlord, you should also follow up with the police. It's possible that the person who signed was an employee or family member of the landlord. Now this would be fraud.
Committing a fraud is not grounds for eviction (unless there is a provision in the lease to such effect, which would be highly unusual).
The law in Pennsylvania does not permit a landlord to "take" a tenant's personal property no matter what the reason, even if rent is owed under the lease. The landlord's only remedy is to bring a lawsuit against you in court and the court will decide what may be done. And certainly, the landlord cannot take your family member's personal property, even if one signed as a guarantor of the lease.
We rent in York, PA and we are in the process of buying a house and would need to break our lease a month early. We looked at our lease and it says that as long as we give them two months notice in right then they will with allow or deny the reque...
Your lease does not have to say that the tenant is required to pay (what you call) a "penalty" to fail to perform his obligations under the lease. What you say you want to do is commit a material DEFAULT of the lease. You signed a lease (which is a contract) in which you agreed to pay the landlord a certain amount of money over a period of time and the landlord agreed to make the leased premises available to you during that period of time. That was the deal. You cannot fail to abide by the basic terms of the deal without being liable for all the money you contracted to pay. Moving out early does not change that obligation. The best you can do is ask the landlord if he would accept less than the total amount of rent. He is under no obligation to do so. The only reason why the landlord would agree to accept less money is if believes he could rent the same space quickly to someone else for a higher rent than you pay. You could also try to sublet the space for the months remaining under the lease, but you would remain liable for the rent if the subtenant fails to pay. Also, many leases prohibit subletting. You need to read your lease carefully to see if subletting is prohibited.See question
I found a buyer for some goods and the difference from what the buyer will pay and what the seller will accept is over $200K (my profit if the deal goes through). Is there an attorney that can help me close this deal and assure I get paid and do i...
Business attorneys don't charge on a contingency basis, meaning that they get paid whether the deal closes or not. They charge based on the number of hours they spend or may charge a flat amount, usually paid in advance. Litigation attorneys charge on a contingency fee basis, usually 25 - 30% of the amount awarded by the court. No attorney can guarantee that a seller gets paid, but can make sure that no sale occurs until the sales price is in the seller's hand. Without knowing much more about the proposed sale it's impossible to say how much the attorneys fee will be. You should consult with a business attorney, explaining all the details of the deal and then discuss his fees. Each deal is different and has different issues, required documents, possible prior approvals, and possible legal issues to be researched.See question
We own a family was to assist in fixing up the home and then purchase the home at a discounted price when the work was completed. The family moved into the property without our knowing and has done no work on the house not paid rent or any. When w...
An agreement to sell real property which is not in writing is invalid under Pennsylvania's Statute of Frauds. I cannot tell from the few facts you've stated whether there was any type of enforceable agreement between the parties. I suggest that you consult with a local real estate attorney to discuss all the surrounding circumstances and determine what steps you should take.See question
Dad died a year and half ago and his girlfriend won't leave have new buyer for house no contract with her
You need to file a Complaint at your local magistrate court against the girlfriend to evict her. This court handles landlord/tenant cases and is structured to be used by non-lawyers. You can get the form of Complaint from the clerk of the court. It is rather easy to fill out. You will have to pay the cost of filing the Complaint, which varies from county to county, but, assuming you win, you should be awarded the filing fee back as part of the judgement. You will also need to pay to have the sheriff serve the Complaint on the girlfriend. You arrange this through the clerk of the magistrate court This cost varies also, but is often around $50. The eviction trial will be held between 7 and 15 days after the Complaint is served by the sheriff. In the meantime, do not take any action on your own against the girlfriend to try to force her to move out (such as changing the locks, turning off the heat, etc.) because such actions are illegal in Pennsylvania and will damage your case in front of the magistrate.See question
My landlord told me all the way up until it was time to start heading my adjustment this winter that I have hot washer baseboard heat. Now all of a sudden, they are having a gas meter put in and are telling me I have to set up an account with the ...
Unless your lease contains a promise by your landlord that he will not heat your apartment with gas (which is highly unlikely), there is nothing you can do. Oral statements made to you by your landlord are not binding. If you dislike the type of heat as much as you say you do, then you should plan on moving to a new apartment when the term of your lease ends.See question
I didn't receive a copy of a contract & something was tossed in last minute that i do not remember reading on the contract so i didn't carry on my part. Was wondering if any of this breaches contract or voids it
A contract is not invalidated because one of the parties does not have a copy of it. The contract consists of all the provisions on the pages the parties signed. It is nearly impossible to invalidate a part of a contract simply because one of the parties did not remember it being part of the contract or because it was inserted at the last minute.
However, having not read the contract and not knowing all the circumstances surrounding the contract, the bargaining positions of the parties, or the particular provision you do not believe you should be required to perform, I suggest you consult with a local attorney who is familiar with type of contract you entered into to determine your next step.
My ex and I rented an apt together... or so I thought. He duped me into thinking I was signing a lease as a co-tenant when in reality I am only a guarantor for the rent. Now we are broken up ( Neither if us are living there) and the apt complex wi...
While I do not disagree with Mr. Latoison, I would add that small claims courts do not have the power to issue injunctions. To stay in small claims court, which may award amounts up to $10,000, you would need to sue your ex for money damages.See question
My husband and I have been separated 5 years. He lives in marital home. The mortgage is in his name only but the deed says John Doe C/O Jane Doe
"C/O" means "in care of". So, If John Doe wants mail sent to him at Greg Jones' address, he would address the letter as follows:
c/o Greg Jones
123 Main St.