Friday, 17 March 2017

Real estate contract Georgia answers & exapmles

Q: A tenant's washing machine flooded the unit - is the Tenant responsible for paying for the clean-up/repairs?

The Tenant had thought she left for many hours, turned it on and had fixed her malfunctioning washing machine. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacement, floorboard removal, dryout and replacement was needed. Tenant maintains she is not liable for the repair invoice. Since this was her washing machine, not provided by the owner, I consider that she's responsible. Please counsel who's correct. The lease states tenant responsible for damages beyond ordinary wear and tear of a house. This is in Atlanta, GA. Thank you
Lawyer Solution Paula J. Mcgill

A: It was her washing machine and if you're the landlord, you have strong case to sue her for damages as a result of her malfunctioning gear. She should have renter's insurance. This is why a lot of leases require tenants to possess insurance for issues like this.

Q: can I sue my neighbor for lying down in center of street and also for throwing rubbish within my garbage can multiple times?

Attorney Reply Adam Studnicki

A: Throwing junk in your garbage can might be a crime and there could be civil remedies too. I actually don't practice in Georgia, so please check with a local lawyer. Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This can be general advice which is given for legal education only. It isn't legal services, and it might not work for the unique scenario. It is impossible to assess a legal issue without a comprehensive consultation and review of records and each of the relevant facts. I firmly encourage you to consult with a local attorney to get legal counsel and help with your unique scenario at your first convenience. I'm licensed to practice law.

Q: I've a renter breaking a lease 4 months early to buy a home. So what can the renter financially be held liable for?

I don't have 30-day notice in the lease. Could I hold him liable through the duration of his lease when the property cannot be rented by the time he moves out?
Lawyer Answer Paula J. Mcgill

A: When there's not an early termination provision in the lease, you can sue for the remainder of the lease. When he turns in the keys he realizes that you are taking the keys to ensure the house, not as acceptance of his early conclusion, just make sure.

Q: My father in law passed away without a will. His name and my mother in the name of law are both on the deed.

Who legally has my mother in law, possession/ rights to the house or my husband and his sibs? Or both?
Attorney Reply Dr Kenneth V Zichi J.D.

A: This is determined by HOW both their names were about the title. It is impossible to know very well what type of combined ownership who might have a curiosity about the property, and it was without seeing the records. Additionally, this will depend on if the children were the children of both partners, and a number of other questions you do not answer in your post. The VERY BEST advice would be to speak with a nearby probate attorney to learn how the facts of your situation fit to the law in GA. Do not ASSUME anything, seek a legal opinion that is real. -- This response is offered for informational purposes only and does not constitute legal counsel or create an attorney/client relationship. I'm licensed to practice in Michigan just. Please seek competent local legal help should you're feeling you desire legal advice

Q: I sold a rental property. When does the new owner take duties for the lease together with the tenant?

In October of 2012, a fresh tenant moved into the house and that I place the house under contract. I closed on the house on November 1, 2012. The renter moved out in November of 2014. Now the renter is wanting to get me to refund the Deposit (plus another $1,800). I do possess accurate documentation of ever receiving the deposit along with a deposit transfer wasn't listed on the statement that is closing. At what point am I no longer responsible for the lease? Best regards, Dennis
Lawyer Solution Robert Jason De Groot

A: Typically, at closing is when the newest owner would take over.

Q: Hello, I am hoping you're well. How do a buyer get from a contract that is signed? Diligence and Home inspection.

Tomorrow we are supposed to shut and I believe the buyers are having buyers remorse. We now have a signed contract, and passed home inspection. There are repairs that should be completed (one left - adding a gutter) which will be don tomorrow. They are asking for 1500 dollars in closing prices at the last minute, can they move out of the contract?
Lawyer Reply Robert Jason De Groot

A: Folks think that whatever question they could ask is enough facts to get a meaningful response, or a basic legal question, when, as here, they haven't supplied a copy of the contract, and they often ask the incorrect questions. Get an attorney.

Q: I 'm my mother's poa. She has dementia and owns two houses whom I believe I have to transfer the deed to my name. how?

She has a will that leaves everything to me but do I must transfer me the deeds before she expires?
Attorney Solution Michael David Birchmore

A: Tend not to make use of a quitclaim deed to achieve this. Take the present title to a lawyer and ask them to draw up a warranty dee with rights of survivorship. Don't fool around with this. It costs much money to get it straightened out, in the event you botch it by doing it yourself. You'll be able to usually get a deed done for between $75 and $150.

Civil litigation Toronto

Q: What's the difference between a Title to a home along with a Deed?

Lawyer Answer Ben F Meek III

A: A Deed is a record that reveals the grant of specific rights in and to the identified property and is a sort of evidence or muniment of title. "Title" is the bundle of rights most folks think of as possession. The deed to your house should reflect the nature of your title (ownership rights) such as, fee simple, a term of years, a life estate, a leasehold, etc. Fee simple means entire ownership or about outright. The title may also represent co- possession as well as the particular form of co-ownership, like a co-tenancy, tenancy by the entirety (in a few states), or joint tenancy with right of survivorship. Hope it will help.

Q: Without running water, can you inhabit a rental property in the state of Georgia?

Attorney Answer Brian Lehman

A: If the home is uninhabitable, the owner is not allowed to rent it. Lack of running water makes it uninhabitable. Here is the Georgia Landlord-Tenant handbook:

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