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3 Answers | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for California on
Q: Does an employer need to file eviction for me to vacate after job termination?

I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More

Maya L. Serkova
Maya L. Serkova
answered on Apr 23, 2025

Your right to remain in the apartment ends when your employment is terminated. You are required to vacate the premises by the deadline provided by your employer. If you fail to move out by that date, the employer may initiate an unlawful detainer action against you. Best of luck.

Sincerely,...
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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arkansas on
Q: Can a finance company seize my house for a missed car payment in Arkansas?

I live in Arkansas and have missed one car payment on an unsecured car loan. I have no other debts. Can the finance company seize my house because of this missed car payment?

Anthony M. Avery
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answered on Apr 22, 2025

If they repossess the car, sell it, realize a note deficiency, then they can sue you for the remaining balance due. When they get a judgment, then they can execute on home. Creditor can only foreclose on home if you gave them a security instrument against it.

1 Answer | Asked in Employment Law and Contracts for Washington on
Q: Why should a lawyer review my enhanced severance agreement before signing?

I was recently laid off from my job, and my HR representative advised that I have a lawyer review the "enhanced severance" agreement before signing. I will receive the agreement on April 24, 2025, and have 45 days to sign. Why is it recommended to have a lawyer look over severance... View More

Brad S Kane
Brad S Kane
answered on Apr 21, 2025

Employers are required by California law to advise employees of their right to have the advice of counsel before signing a severance agreement. Failure to do so can allow the employee to void the settlement and sue the employer later.

More important, an attorney can help an employee...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: What are my legal rights if the owner sells the property while I'm living there under a verbal rent-for-work agreement?

I have been converting a house into three apartments under a verbal agreement for about a year. My rent was paid through the work I was doing on the property. The owner suddenly informed me that they sold the property and I need to leave, but I have received no formal notice. What are my legal... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 21, 2025

You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

1 Answer | Asked in Employment Law, Employment Discrimination and Contracts for Texas on
Q: Fired for breach of contract; suspect FMLA discrimination. Is it legal?

I was recently fired from my employer for alleged breach of contract, specifically for threatening a co-worker, which I deny. I have text evidence showing that two other associates made similar threats but were only given a final write-up, not terminated. I suspect my termination is related to my... View More

John Michael Frick
John Michael Frick
answered on Apr 21, 2025

Your termination may violate the FMLA if you can prove that the stated reason "threatening a co-worker" is a mere pretext and that the actual reason for your termination was you taking medical leave.

2 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 21, 2025

You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Destardes Moore
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Destardes Moore
answered on Apr 21, 2025

You may include that provision in the Settlement Agreement, but ensure it contains precise terms that clearly reflect both parties' intentions. Specific language regarding obligations, timelines, and remedies for non-compliance will help prevent future disputes and facilitate enforcement. I... View More

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Q: Car accident settlement discrepancy and clarity needed in CA

I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2025

There are several red flags that indicate cause for concern, and others do not.

The portion coming from your own insurance company would not be included in the release.

It is unclear why the settlement is no longer $100,000.

Liens can be negotiated, in some situations,...
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1 Answer | Asked in Animal / Dog Law and Contracts for Maryland on
Q: Do I have legal grounds to keep a dog I've cared for over 2 years under an initial temporary arrangement?

I've been in possession of a dog for over two years, initially under a temporary arrangement with the original owner, who was supposed to retrieve him after fixing her yard. Since then, I've solely cared for and financed the dog's needs without any interest from her, apart from a... View More

Mark Oakley
Mark Oakley
answered on Apr 20, 2025

In Maryland, and perhaps also in Pennsylvania (I am not a lawyer in PA) pets are considered property. You can only obtain as good legal title to property as the person you got it from had. I. Your scenario, if the person who entrusted their dog’s care to you had full legal title, meaning no other... View More

1 Answer | Asked in Real Estate Law and Contracts for Virginia on
Q: Am I responsible for maintaining a co-owner's property with sanitation issues?

I share ownership of a property with a relative. I live in one house while the relative, who is a part-owner, lives in another house on the same property. There is no written agreement between us regarding maintenance responsibilities. Currently, there is an issue with sanitation being allowed to... View More

Richard Sternberg
Richard Sternberg
answered on Apr 19, 2025

While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to... View More

1 Answer | Asked in Real Estate Law and Contracts for Ohio on
Q: Shared septic tank discovered after home purchase, no disclosure.

I purchased a house in July and recently discovered that the adjacent home shares our septic tank. The previous owner and the adjacent homeowner are siblings. There was no disclosure of this arrangement during the sale, only an easement for the driveway and electricity. The adjacent homeowner... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 18, 2025

Resolving the issue will be learning what your legal rights are and protecting them. There were most likely no issues that were required to be disclosed by the homeowner, and the realtor probably did not know about it. Depending on the date that the neighboring home was built, a shared system may... View More

3 Answers | Asked in Contracts and Employment Law for California on
Q: What restrictions apply under Section 16600 when switching jobs as a sales rep without a non-compete in California?

I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More

Neil Pedersen
Neil Pedersen
answered on Apr 17, 2025

The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More

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3 Answers | Asked in Car Accidents, Contracts, Personal Injury and Insurance Defense for Vermont on
Q: Can an insurance settlement remain open for future medical expenses from a car accident in Vermont?

I was involved in a car accident where the other driver was at fault, resulting in a head injury for which I'm receiving an insurance settlement. However, I haven't agreed to the settlement yet because it releases the other driver from liability for future medical bills. My neurologist... View More

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Apr 16, 2025

Hi - Unfortunately, it is extremely unlikely that any insurance company would agree to a settlement keeping future medical treatment open. I strongly suspect that will not be an option.

It is always important in situations like this to be able to show the insurance company what types of...
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2 Answers | Asked in Business Law, Collections and Contracts for California on
Q: Legal justification for consistent attorney fees in debt collections

How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More

Pavel Kolmogorov
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answered on Apr 16, 2025

When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More

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3 Answers | Asked in Contracts and Consumer Law for Tennessee on
Q: Can I cancel a timeshare service contract signed online within three days in Tennessee?

I signed an online agreement with the Wesley Final Group to cancel a timeshare on April 14, 2025. The timeshare is located in Tennessee. Can this service contract agreement be canceled within three days?

Patrick A. Twisdale
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answered on Apr 16, 2025

In Tennessee, the ability to cancel a timeshare service contract depends not only on state law but also on the specific terms of your agreement and the location, or situs, of the actual timeshare property. Even if you reside in Tennessee or signed the service contract there, your cancellation... View More

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3 Answers | Asked in Estate Planning, Contracts and Real Estate Law for California on
Q: Is an even split of sale proceeds correct when breaking up with co-owner?

My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More

Klaus Gottlieb
Klaus Gottlieb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025

In order to provide you with accurate guidance regarding the division of sale proceeds, one would need a few key details about the property and your arrangement with your co-owner:

1. Ownership Structure

• How is the property titled?

(For example: Joint tenancy, tenants in...
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3 Answers | Asked in Estate Planning, Contracts and Real Estate Law for California on
Q: Is an even split of sale proceeds correct when breaking up with co-owner?

My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More

James Clifton
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James Clifton
answered on Apr 16, 2025

The default division of proceeds for co-owners when selling is 50/50 unless there is an agreement to the contrary. If there are text messages, emails, or other writings that outline the agreement, those can serve as evidence of the terms of the agreement to prove that a 50/50 split was not the... View More

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2 Answers | Asked in Foreclosure, Civil Litigation, Contracts and Real Estate Law for Louisiana on
Q: How can I regain my property after a foreclosure and pending court actions?

How can I regain my property after a foreclosure occurred on January 8, 2025, and the sheriff's sale was recorded on February 6, 2025? I filed a motion to rescind the foreclosure sale, a motion to stay/quash the writ of possession, and a claim for damages due to breach of contract as well as a... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 15, 2025

There is not enough information to provide a specific answer, however, if you file the suit with an attorney representing you then I recommend that you speak to your attorney and discuss these concerns. If you file the suit without a lawyer representing you, then I congratulate you on the progress... View More

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3 Answers | Asked in Animal / Dog Law, Contracts and Civil Litigation for Colorado on
Q: What should I do if a seller demands a puppy back claiming broken terms on a contract I never signed?

I purchased a puppy for $360.00 in cash from a lady on March 10 without signing any contract or discussing any verbal agreement. After the purchase, she emailed me a contract that I never signed. Now, she is demanding the puppy back, claiming I broke a verbal agreement and the contract's... View More

Kia Miller
Kia Miller
answered on Apr 15, 2025

I agree that she has no right to reclaim the puppy if you did not sign the agreement and you did not agree to any specific conditions verbally. As a practical note, you may want to block her on as many forms of communication as possible (phone, email, all social media). If she does find ways to... View More

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4 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: Buyer requests Warranty Deed after Release of Lien; what's necessary?

I sold a piece of land using a Deed of Trust and Warranty Deed with a vendor's lien. The original buyer wanted out of the contract, and another buyer assumed the note. The property was transferred to the new buyer's name, and upon full payment, we issued a Release of Lien to them. Now,... View More

John Michael Frick
John Michael Frick
answered on Apr 16, 2025

Because you are not the one who sold the property to the new buyer, the preparation, signing, and delivery of a warranty deed is not your responsibility. The original buyer who sold the property to the new buyer and assumed the original buyer's note obligations to you is the party who should... View More

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