Questions answered by Gary Steven Gaffney

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City approved a town home being built beside property line, I get flooding on my side of the yard and it comes into my house

Gary's answer | Answered on August 25, 2017

I agree. I am not sure what sort of "S/L" issue you may have had here, particularly so if it is an ongoing problem (i.e, for which you would seek...

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What can I do about neighbors above me who are extremely loud?

Gary's answer | Answered on August 25, 2017

Your PM is WAY wrong (not unusual, there are minimal qualifications to be one, many are just glorified maintenance men in this state Im afraid). ...

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How should I interpret my lease regarding guest, it state occupancy by guest for more than 30 days is prohibited?

Gary's answer | Answered on August 25, 2017

Very carefully. The problem with a tenant attempting to "construe" a residential lease in this state is that it can very well cause the landlord...

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Is it necessary to file a motion to avoid lien when filing chpt 7 when the property with the lien was previously foreclosed?

Gary's answer | Answered on August 25, 2017

I agree with my college, it's not at all likely, as you do not own that property, and if you discharge your debts, there will be nothing to attach...

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Can I place a mechanic's lien on property owned by my customer, other than the property that was improved?

Gary's answer | Answered on August 25, 2017

You may be able to place a "construction" lien claim on the improved property (NOT the other). If you decide to do so, you should consult with and...

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How do I go about fighting an eviction?

Gary's answer | Answered on August 25, 2017

It depends on 1) whether your "agreement" has a specific term (i.e., an end date) or is simply "month-to-month" (or week to week); and 2) whether...

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Guest in an Apartment Lease

Gary's answer | Answered on August 25, 2017

Ack! NO lawyer can construe a provision in a lease without reviewing the ENTIRE provision - and the ENTIRE lease - and especially not from a...

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On going repairs when can the rental agreement be terminated by the tenant?

Gary's answer | Answered on August 25, 2017

NO, ABSOLUTELY NOT!!! You do NOT have the right to withhold rent under these facts, and if you do, you will most certainly be evicted. PLEASE do...

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If Plaintiff takes foreclosure to trial then later Defendant find his exclusive arbitration he signed, is the foreclosure void

Gary's answer | Answered on August 25, 2017

I agree with my colleagues - no, sorry. It is likely too late if the court has entered a final judgment, as you would have waived any affirmative...

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Can I hold my rent?

Gary's answer | Answered on August 25, 2017

NO, ABSOLUTELY NOT!!! You do NOT have the right to withhold rent under these facts, and if you do, you will most certainly be evicted. PLEASE do...

Gary Steven Gaffney's Answers (28503)

City approved a town home being built beside property line, I get flooding on my side of the yard and it comes into my house

What can I do about neighbors above me who are extremely loud?

How should I interpret my lease regarding guest, it state occupancy by guest for more than 30 days is prohibited?

Is it necessary to file a motion to avoid lien when filing chpt 7 when the property with the lien was previously foreclosed?

Can I place a mechanic's lien on property owned by my customer, other than the property that was improved?

How do I go about fighting an eviction?

Guest in an Apartment Lease

On going repairs when can the rental agreement be terminated by the tenant?

If Plaintiff takes foreclosure to trial then later Defendant find his exclusive arbitration he signed, is the foreclosure void

Can I hold my rent?