Culver Winston Van Der Jagt's Answers (322)

Archived

I have a videotape of my landlord admitting to charges. Am I allowed to use the video in court even though he was unaware of it.

Culver's answer | Answered on July 29, 2009

I think you would be allowed to use the video as evidence... it might come across badly, but you need to build a foundation - (you set the camera...

Archived

I left my husband due to his adultery he is now trying todivorce me or abandment - can he do this

Culver's answer | Answered on July 27, 2009

Colorado has a residency requirement for divorces. He cannot divorce you for any reason whatsoever in the state of Colorado unless one of you...

Archived

What is required as to notifying a prior tenant of disposing abandond property?

Culver's answer | Answered on July 27, 2009

It sounds like the property has been abandoned... over time, ownership rights are lost in such property. I don't think there is a strict rule...

Archived

My dad's bank is refusing to give me access to his account even though I'm his POA?

Culver's answer | Answered on July 27, 2009

I agree. Make a written demand and in the letter ask who their regulatory agency is. Demand to speak with an attorney for the bank (and I...

Archived

If I sold my shares in a business that I was part owner of and is now going bankrupt can the bank seize my assets?

Culver's answer | Answered on July 27, 2009

Yes, they can - and it will not likely be limited to your 1/3 interest in the debt at all if you were "partners" in a general partnership. Unless...

Archived

I recently signed a lease for commercial space. I discovered the space is 25% smaller than described in the lease. My recourse?

Culver's answer | Answered on July 27, 2009

The lease is not likely void. At best, you may be able to get damages for the value that you lost by not getting what was advertised. A point of...

Archived

Can you get a real estate license in CO or WA if you have a drug felony??

Culver's answer | Answered on July 27, 2009

I think the technical answer is "Yes", but I think that it is subject to a bunch of very significant qualifications. There is no doubt in my mind...

Archived

Our rental condo is going into foreclosure- we have 1 more month on our lease. Can we use our deposit as last months rent?

Culver's answer | Answered on July 27, 2009

You have very good reason to be scared that you will not get your deposit back. The LEGAL answer to your question is go ahead and pay the rent...

Archived

Balance lease payment responsibility if tenant dies prior to lease expiration:

Culver's answer | Answered on July 27, 2009

I am assuming that you are the landlord... You have a duty to mitigate damages as you have been put on notice that he cannot perform under the...

Archived

Can a landlord charge for aworking toliet to be replaced and cleaning out the sewer?

Culver's answer | Answered on July 27, 2009

This is a gray area. If he can show that the toilet was cracked after you moved in, he can charge you for the toilet. He may not be able to...

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