My roommate got drunk and kicked in my appliances my doors the hood of my car and busted knickknacks and my personal belongings he then moved out how do I go about making him responsible for his actions
You can start by calling the police non-emergency line and filing a report. It's possible (though not necessarily likely) that, given the circumstances, the police may pursue criminal charges against the individual, which theoretically *could* entail restitution payments.
Additionally, the police report will come in handy if and when you may choose to pursue a second option for recovery: insurance coverage under your homeowners policy.
Lastly, you can of course pursue the individual for damages in a civil case. The viability and practicality of suing (and then collecting) against the former roommate can vary WIDELY depending on the specific circumstances. Ultimately, you'd be best served to consult with a civil litigation attorney and evaluate your options, as you're likely going to need to do a fair bit of cost/benefit evaluation before decide if, and then how, to move forward.See question
We are being evicted for non payment of rent. The problem is we have a defense of no working heating source in the house. We sent a letter to the landlord stating we would not pay rent if he did not fix the issue. My husband is not able to attend ...
If one of the named defendants does not appear, there's a chance (a small one) that the judge will let one defendant appear for the other(s), however the likelihood is that any defendant who fails to appear will be defaulted and an eviction judgment will be entered against them.
As my colleague stated, however, an attorney can make an appearance on behalf of any, or all, of you. Thus, it's certainly best practice to do this, if that is an option.See question
My windows are within 6 feet of a balcony where my neighbor smokes. I contacted legal aid and they thought because I hadn't gotten a smoking disclosure included in my lease that I may have case. I also asked management and they emailed me that th...
The specific terms of your lease (or lack thereof) provide for what may constitute a breach of the lease, and thus your ability to break it without financial penalty.
A consultation with a local landlord/tenant attorney should help clarify the situation.
Ultimately, you're not typically able to break a lease due to the activity of the neighbors; rather, it's what your landlord does (or doesn't do) that can trigger your proper exercise of that right.
Certainly, a demand letter from an attorney can help with the situation. Additionally, it helps memorialize things if a landlord retaliates in some manner thereafter. However, there is no guarantee that the landlord will comply/capitulate to your demands. Thus, often, it comes down to you conducting a cost/benefit analysis of various courses of action, while considering the potential for litigation.See question
My husband is staying in our home but doesn't want to sell it. I want my half of the equity or for him to buy me out. He wont buy me out now so what can I do and how can I word it in a settlement agreement?
It sounds like a settlement agreement is premature, as you don't appear to have agreed on everything.See question
Out of the 30 last days, we only occupied the dwelling for 18 days.
Last months rent acts as a deposit. A landlord can't automatically keep it, but the details of your situation determine what they're entitled to keep, and what they must return.
That you only occupied the premises for 18 of 30 days in the last month also isn't necessarily controlling -- it's not about occupancy itself, but rather it's about when your right to occupancy (i.e., the contractual terms of the tendency) terminated.See question
The right to a fast and speedy trial, when exactly does the clock start ticking? The day of arrest or? Can someone please explain to me how it works, thanks
There's no single answer for all possible situations. It depends on the jurisdictional context, the charge, and whether or not the accused/arrest remains in jail.
Assuming that the latter isn't an issue, then the right to a speedy trial in Oregon is typically measured in years, rather than in days or even months.See question
I payed my rent but I owed late fees for a couple months can I be evicted in oregon
You can't be evicted upon 72 hours' notice, like you can with non-payment of rent, but non-payment of fees or the like can be considered a lease violation which can subject you to a For Cause termination notice -- generally a 30 days notice with a right for you to cure the violation (i.e., to pay the notice).See question
I gave 30 days notice to move out, which is standard practice, and was out of the apartment on July 16, 2016. I have asked for my security deposit on a number of occasions, by email and phone, to no avail. I am being told that it will get put in t...
Contact an attorney to evaluate your claims and pursue litigation which can result in recovery of double the amount of your security deposit.See question
I am an employee in a restaurant and many of us believe a co-worker is stealing our tips, but we haven't caught her in the act. Only the aftermath of several incidences that point to her. We want to install a hidden camera to catch her so the boss...
There's likely nothing illegal about a camera being in the restaurant -- this happens all the time. BUT, you're certainly risking your employment if you do that without your boss' permission, as you can be legally fired for anything or nothing, so long as the reason you are fired isn't an illegal reason, and you would have an almost impossible uphill battle to allege that a firing in such circumstances would be for an illegal reason.See question
I am also looking to get in contact with an aggressive collections attorney, to assist in collecting a sizeable judgement that was awarded to me in the early 2000's. I had two attorneys look at that case and have both come up with nothing but frus...
Collecting on a judgment is NEVER easy, in any context, and collecting against individuals can often be particularly difficult, and often expensive, and that's assuming (which is a big assumption) that the judgment creditor (you) knows the location the judgment debtor's assets -- i.e., real estate within the jurisdiction of the judgment that the debtor is on the title to and has equity in, a bank account(s) that has/have non-exempt and garnishable funds, and/or a job that provides a sizable enough wage from which to garnish -- AND that the judgment cannot be discharged in bankruptcy.
All told, you're often facing somewhat of an uphill battle, but one that if the facts are adequate that you can potentially realize a position resolution to. Your best bet is to consult with a variety of attorneys and decide who you're most comfortable with. The biggest question many attorney will want to consider, however, is what type of engagement you are anticipating: If you're requiring a contingency fee-type agreement, that's a significant time risk for an attorney and thus the availability of attorneys to take such cases is proportionately rare; If you're looking for an attorney to represent you on a contingency fee basis AND front and/or expend the necessary hard costs in pursuing the matter, then you're unlikely to find many, if any, who would be willing to represent you in such circumstances; if you're anticipating having to pay an attorney hourly, then it's possible that any number of firms and/or attorneys would be willing to assist you.
As is often the case with legal matters, the devil is in the details.See question