Lost job tring to find another
I presume you are wanting to know what options you have. Are you late on your rent at this point? If not, try to keep up with the payments, or ask for some leniency from the LL. The problem with doing that is he / she can say "No" and they are within their rights to evict if you are late on the rent. I would recommend doing everything within your power to find another job ASAP as it will be nearly impossible to find another residence without one. Good luck.See question
I am personal representative of my mothers estate that is in probate. My sister lives in the house that is under probate. She thinks she has the right to live there and not commit to selling or buying me out. According to the will no one has right...
The reason your lawyer was "gray" about whether or not probate will "make her go" is that it really isn't the job of the probate court to do so. Probate follows a precise procedure, which, if you have already been appointed as PR, has already begun. Until the property and all the steps to finalizing the probate proceeding have completed, and unless the will specifically requires it, the court prefers to allow the PR to handle the probate matters. SC Probate Code provides for a relatively informal proceeding for probate matters - which works fine when all the beneficiaries are in agreement. When there are squabbles, the court will intercede. In such instances, you may request the formal supervision of the Probate Court in your probate proceeding.See question
I mean can you put in something like $5 and other valuable consideration without mentioning the actual selling price? If you do that, does it affect anything related to the property such as property taxes or reselling the property?
You CAN, but if you do, you must attach a signed Affidavit of True Consideration which gives the ACTUAL value received for the property. This is to allow for the accurate determination of the transfer and recording fees that will be due and payable when the deed is recorded. In addition, there are other items that MUST be included, so a visit with a real estate attorney is recommended.See question
I am one of four heirs to a real estate property. We all four have agreed to sell property and split proceeds accordingly. However, one of the heirs has been living in the house which still has a mortgage. He does not make the monthly payments ...
There are a number of issues raised by your question. First, can I presume that the house is in the names of all four heirs? If so, then the heir that is living there has a right to do so. It would seem counter-intuitive that he be allowed to live rent-free, but absent an agreement otherwise, it would appear that he is. To keep this out of the courts, you should all try to come to an agreement, memorialized in writing, as to dates and times for his departure and the listing of the home for sale. Barring that, your recourse is to file a petition for partition where the court will order the sale of the property and split the proceeds of the sale between the heirs. The benefit is that your payments to keep up the mortgage are recoupable, the downside is that the sale of the property, unless otherwise established by all the heirs, will be on the court house steps and the sale will be for pennies on the dollar. I would advise seeking counsel from a real estate attorney before proceeding.See question
Harassment every day he is a drunk
No. There are very strict statutory requirements a LL must follow to evict a client. Harassment is not one of them. Depending on your type of rental situation (i.e., month-to-month, weekly, annual lease), the LL may only have to give you written notice of his desire to have you move in a time that is prescribed by law.See question
We just discovered that landlord has a hidden video camera that recording big area in the house we rent for vacation. It covers all the living room, dining area, kitchen and partially our bedroom. My husband and I rented this house only for 2 of us.
As Attorney Klurfeld stated, if the camera is NOT actually recording anything, there is no violation of your privacy rights. You should be able to detect if it is active (there will be a light) and if it is, take a picture of it and call the police. If it is just a security issue, the LL should have informed you of its presence. Have you asked the LL about it? That may be a good first step.See question
I am faced with a rather unusual situation Tenant moved out after not paying rent but then after a few days came back because she could not find anywhere else to live, even tough the locks were changed after she left, she broke the window and cra...
OK. Tenant "moved out" - under what circumstances? Did you have her legally evicted? Was there a court order? Or, did she just leave without paying the rent? If so, her moving back in was her right - if she was still on the lease and you took none of the legally available steps to evict. If she is still NOT paying the rent, you can (and should) now send her a three-day eviction notice and be prepared to legally evict her. Oh, and hire an attorney to do this for you so no costly errors are made!See question
Me and my girlfriend got an apartment together but her name was not on the least only my name was on the lease. The relationship ended and I moved out and she stayed she was paying the rent in money and signing my name on the money orders. She mov...
By now, you can clearly see ALL the mistakes you made in this matter! Your options are few. I would suggest consulting with an attorney who may be able to negotiate a rent settlement with the landlord on your behalf. If you can prove that your name was forged on the money orders, you may want to also speak with the state attorney about that. Good luck.See question
I am disabled home owner I snot seat on my balcony because of my neighbor in upper balcony who smoke cigarettes and chase me and wife inside
Unfortunately, your disability does not give you the right to object to someone else's legal use of their property. The neighbor probably smokes on his / her balcony because his / her spouse won't let them smoke inside. Have you thought about buying them an ashtray that automatically absorb smoke?? Otherwise, you will have to find another place to sit or stay inside when they are smoking on THEIR balcony.See question
We withheld rent (deposited it into an escrow account) because the landlord did not attempt to fix a pool that had broke from non repair and drained watery out under property.. Nobody would come out for 3 months or even contact me.. so we went to...
You can ask. But, the answer will most certainly be "NO!" Did you even think to get a consult with an attorney before taking this on yourself? As my colleagues have stated, the court registry is typically used where there is a rent dispute - not because the pool is broken. Also, I imagine you drafted your own complaint to the court. Without stating what you asked the court to do, they cannot and will not interfere with management decisions by a maintenance company absent egregious rights violations. Non-ability to use a pool would not qualify. You have more than a month to find a place and move. That is very generous. Don't waste that time.See question