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Donald Corky Eby
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Donald Eby’s Answers

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  • Do I need to pay the notice fee after a verbal agreement was made that I wouldn't have any charges at move-out?

    My boyfriend and I rented from an apartment for 13 months and were staying there Month-to-month after our first lease expired. We were planning on transferring within the apt but ended up just moving out due to dissatisfaction in the management (c...

    Donald’s Answer

    If the notice fees are improper you should dispute the charges formally with the management. If you do not get satisfaction there you may need to bring your suit in small claims court.

    Good Luck!

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  • What documentation do I need to break my lease?

    My lease ends Nov 1st and my landlord has agreed to let me leave on Sept 1st since my roommate moved out and I can't afford it. Our DD was $1,100 and she said she would just keep $500 for the lease break and the remining $600 would be our damage d...

    Donald’s Answer

    You need a written and signed lease termination agreement outlining the terms of the early termination.

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  • I have been a tenant for over a year and was served a Notice to Quit. According to the Notice do I have 91 days to move?

    I have been a tenant for over a year and I have always paid my rent on time. I am living in a one bedroom basement apartment with my son, boyfriend, and disabled mother. The owner promised me that as soon as the 3 bedroom house above became avai...

    Donald’s Answer

    You should contact an attorney to review this matter more thoroughly.
    It is possible that the new "owner" is not the owner and does not have the authority to evict you. Also, a Notice to Quit is commonly used to terminate a month to month tenancy where only 7 days notice is required.

    Good Luck

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  • Is the Landlord (or his insurance) responsible for renter property loss from asbestos in apartment?

    We recently had a fire in the master bedroom of our apartment. The fire loss was not too bad, but they found asbestos. Meaning it went airborne in the fire/smoke. So they will not let us have any of our belongings saying they must all be tossed...

    Donald’s Answer

    If you have valuable personal property you should contact an attorney to discuss this in more detail and review your lease. It is possible that your landlord (or his insurance company) may have some liability for your lost possessions.

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  • If my name is not on the lease and I'm being forced to "move out" do I still have the legal right to have 30 days to vacate?

    Hostile roommate situation - makes it somewhat difficult as its my brother. I gave him money each month for rent - his name is on the lease. It was never formally written out but I do have proof that I gave him monthly funds for rent (for over thr...

    Donald’s Answer

    Your facts indicate that this is a verbal month to month tenancy. You have the right to the time which you have paid for, that is all.

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  • Do i have the ability to negotiate my rent at a discounted rate of my landlord breaches our lease?

    My landlord recently moved into a "studio" attached to our single family home (renovated garage) that we do not have access to. The house is not zoned as a duplex yet she is living there and using our backyard (and doing improvements), amenities ...

    Donald’s Answer

    You should take your lease to an attorney to review. It is likely that the landlord does not have the right to take these action, as such they amount to constructive eviction.

    Yes, you can renegotiate if your landlord is willing.

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  • Does landlord have to prove the tampons found in plumbing were from us?

    I was having an issue of the downstairs sink filling with water when anything upstairs was running and then the washer drain pipe became clogged as well and gushed water everywhere. Well a plumber came out and they did their thing and fixed it and...

    Donald’s Answer

    The facts you present create a reasonable defense should the landlord decide to pursue you for money damages or eviction. The landlord will have the burden of proof.

    Good Luck!

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  • Can we break our lease without penalty?

    I live in Douglas county and am renting a house. I'm looking to purchase a home and am stuck in a lease. Is there any way to get out of this lease so I can purchase my own home? The lease is up April 30th 2017

    Donald’s Answer

    You may need to contact your landlord to negotiate a mutual termination. This may require you to pay rent until a new tenant is located.

    Otherwise, your landlord may have a claim against you for damages if you breach the lease by refusing to pay rent through April.

    Good Luck!

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  • Need to know asap please, can I legally be evicted with a 1 day notice by a non home owner

    I have lived in the spare bedroom in my mother's boyfriend's house, he is the home owner, for the last 3 years, I get my mail here, he is out of town, her and i got into a huge fight and I've now been told by her that if I do not agree to see her ...

    Donald’s Answer

    You paid rent for the month. You have a right to stay unless you violate the terms of the lease and after proper notice you refuse to comply.

    You may need to call the police if the roommate takes action to remove your belongings.

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  • Is it legal to video and audio record people and conditions outside my apartment? I live in an apartment complex.

    There are unattended screaming kids as late as 10:00pm, barking dogs, fighting, drinking and yelling, street people coming and going during the night, an uncovered pool with several feet of stagnant water in an unprotected area, very loud music al...

    Donald’s Answer

    What you describe is community space with no expectation of privacy. Yes

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