Nicholas Patrick Merrill's Answers (160)

Archived

An employment and ownership agreement (contract) is put together to employ someone as an software development executive...

Nicholas's answer | Answered on July 12, 2011

Bad faith breach of contract. Significant additional investigation would need to be completed prior to advising on the merits of such an action,...

Archived

My landlord moved into my rental before my wife and i were done cleaning and our lease ended did she break our lease by doing so

Nicholas's answer | Answered on July 12, 2011

No harm, no foul . . . (?) What's the problem? Suppose your landlord withholds some or all of your security deposit claiming that you failed to...

Archived

It is hard for my wife to travel. We are buying real estate in WA a community property state. Does she have to be on the deed?

Nicholas's answer | Answered on July 12, 2011

I do not know the answer off the top of my head, but I do know that there are traveling notaries you can hire to come to you for convenient...

Archived

Can a landlord be forced to evict a tennant who is a nuisance?

Nicholas's answer | Answered on July 12, 2011

You have a possible tort claim in nuisance against the offending tenant and the landlord (though the latter is a stretch). You may also have a...

Archived

Short sale's offers

Nicholas's answer | Answered on July 06, 2011

I am not a Florida lawyer, and you should definitely talk to local counsel and/or your state regulatory agency, but it seems to me that as the...

Archived

Security deposit question. Related to recently asked question "Damages after breach of lease"

Nicholas's answer | Answered on July 06, 2011

I am not licensed in Maryland. You should seek the assistance of a local landlord-tenant lawyer. That said, you are not obligated to respond. ...

Archived

If my home goes into foreclosure am i still responsible for HOA?

Nicholas's answer | Answered on July 06, 2011

Probably not. If you stop paying the HOA dues, what are they going to do? Their enforcement mechanism is filing a lien on the property (or suing...

Archived

Is is legal for a landlord to change the locks on the mailbox and not give the tenant any form of notice?

Nicholas's answer | Answered on July 06, 2011

http://ago.mo.gov/publications/landlordtenant.pdf http://www.usps.com/communications/news/security/mailtampering.htm The links above may be...

Archived

What happens if a walk-thru is not done and escrow has already closed?

Nicholas's answer | Answered on July 06, 2011

You definitely need to seek the advice of a local real estate attorney before signing a document with legal consequences -- and bring the documents...

Archived

Can our property managers change a pet fee written in our lease and increase our rent if we want to get a dog?

Nicholas's answer | Answered on July 06, 2011

No. The terms of a lease apply throughout its duration. To change essential terms, both parties must sign off on the change. This is basic...

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