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Can My Landlord Make Me Get Rid of My Dog? And More Free Legal Advice – Free Joe 11/2/12

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On Tuesdays and Fridays, attorney Joe Escalante answers legal questions for free on the LegalZoom Facebook Page. Did you miss the last Free Joe? Don’t worry. We’ve got it all right here.

Jay: We are on HUD and live in WA. We were never given a copy of the lease and we got a puppy. The landlord gave me a piece of paper after doing an inspection and said that we would now owe $25 a month pet rent and a $150 security deposit. After a couple of weeks I get an email that stated that they had changed their minds it will now be $300 nonrefundable deposit and $25 pet rent. Several days later I
got another email stating that they once again had changed their minds, and if the puppy (who is a only expected to get 5lbs. and is kenneled when we are away) is not removed immediately we will be evicted. I talked to my sons therapist and she wrote a letter regarding the dog and how it plays a role in my son’s ADHD therapy. They have since turned over the lease to a local property management company and my cries to keep our puppy seem to be falling on deaf ears, legally do I have a leg to stand on?

Joe Escalante: One thing I would do is register your pet here as a service dog:
This will limit problems down the road. My brother did this and he can now take his dog to Disneyland, and if they even so much as ask him what his disability is that the dog services, it’s a violation of the Americans With Disabilities Act. Regarding your lease, whatever you signed will govern when and for what reason they may evict you, and when they can change their minds about things.

George: Good Day Joe!

I am staying in Southeast Asia and looking for incorporate a new company in the U.S. but do not plan to have a physical presence or reallocate here. The main purpose is for save tax in my home country. I have some question hope you could advice :

1. ) I’ll operate solely from overseas and all my clients are not from U.S. If i incorporate a LLC or C, do we need to pay Federal and S
tate tax for overseas income?

2. ) If our overseas clients bank in payments to our bank in U.S, does this clarify as transact business in the U.S. and taxable?

4. ) Is there any personal income tax for the owner if our LLC or C pay salary to the owner, which he is not a U.S. citizen or resident?

5. ) What are the annual cost to maintain an LLC or C company in U.S?

6. ) Which type of company ( LLC or C ) give us the most tax benefit for our situation?

Thanks in advance.

Joe Escalante: These are mainly tax questions that you should ask Gary. There are minimum requirements that vary in each state, so you have to do your research before you pick one of our lovely 50 options. In my state there’s a minimum annual tax of $800.

LegalZoom: Here are the details for Ask the Tax Pro, George:

Ammie: I live in NY and I owned a mobile home which was located in a mobile home community. I have bought a house and sold the mobile home to another gentlemen (I have a receipt) and now the “community manager” is telling my husband and myself that if the man we sold the mobile home to is not approved to live in the community, then we are responsible for the lot rent. Is it possible that I have to pay lot rent on a property I no longer own?

Joe Escalante: That would depend on he language in the agreement. It may put you on the hook for the rental if you violate a restrictive covenant by selling to a leper or a child or something. However, the restrictive covenants may not be enforceable. The stuff they are telling you right now is more of their “wish” in terms of how they want things to work out. Only an attorney that looks at your paperwork could advise you for sure. Get one with mobile home experience. And I mean, working with mobile homes, not so much living in them. Although that would be OK.

Patti: If the father of my child receives VA benefits and social security disability benefits, how is child support calculated? Is it combined or do they just go off one benefit or the other? I live in NC and the father is just a floater between TX, NC, and CA.

Joe Escalante: Each state has their own calculation method, but they all should take it into consideration when settling on levels of support. Check out the info on this site, it’s pretty helpful:

Jennifer: P O A. What is the Fidicuary Responsibity. Of a P O A. Elder. With Dementia. Involved .

Joe Escalante: The holder of the power of attorney owes her principal a high duty of good faith, fair dealing, honest performance, and strict accountability. Things have to be kosher, in other words. Arms length deals, everything out in the open, etc.

KC: How concerned should students be about Wiley v. Kirtsaeng arguments that are going to be heard this Monday in Washington D.C. before the US Supreme Court?

Joe Escalante: On the one hand, I wouldn’t worry about it too much because the government doesn’t have the ability to enforce i’s stupid wishes in this case. On the other hand, beware of Justice Elena Kagan. She argued in a Costco case on the side that would require people to pay royalties and get permission to sell things and re-sell things, like Omega watches, made in other countries. Stupid.

My house was raided on the 10/3/12 and there probable cause was hearsay. No arrest were made. Accusations is what they made because the cops hold a vendetta against me. And i cant do nothing, so basically if someone hates someone then he can go to the cops an make up a lie. Put there life through hell.
They let my 4 month old Siberian husky eat about a half a bag of pork rinds. When i asked countless times to put him in crate, let a 8 week old kitty run around in the road.
They read me my miranda rights.
Sat in the back of a cop car for 3+ hours.
Yes i do want to fight this. It was wrong on so many levels.
Thanks for your time.

Joe Escalante: Speak to an attorney in your area that has some experience with police excessive force cases. Good luck.

Christine: Dear Joe -I am involved in a mean and nasty divorce. I am sole owner of my house but in CA it is joint property. My husband took over living in the house since I vacated it with my children to move closer to my workplace. Now, even though we have an agreement sanctioned by the court that I can sell the house, he is stalling. I am not making the mortgage payments. When the bank decides they want the property will my estranged husband have rights to get it?

Joe Escalante: Who ever is the beneficiary to the deed of trust will get it. That’s the bank. They will have to sell it at an auction if it is foreclosed. I have as much chance of getting it as he does.

Chuck: Can you sue a state government for loss personal information such as SS#’s and credit/debit card information? What happens when you can’t trust government to keep your personal information safe. Does one year of free credit monitoring fix the rest of your life where you have to make sure your identity stays safe?

Joe Escalante: You can sue, but it’s an uphill battle. In California you first must get permission from the state to file the lawsuit. This is done through the Victims Compensation Government Claims Board. Not fun.

Amir: I have a question in regards to PayPals updated policy.. this is it. Is this legal: “Unless you opt out: (1) you will only be permitted to pursue claims against PayPal on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.”

Joe Escalante: Well, they can ask you to agree to that, but it doesn’t mean that you cannot challenge the enforceability of the document down the road. If you are not given the chance to negotiate specific language in the agreement, it is known as a “contract of adhesion” and those are enforceable only to the extent they are fair by industry standards. Like rental car agreements. Those are just wish lists by the rental car company. You’re not held, necessarily, to all the language; you had no choice. It was ‘adhesive’ to the transaction.

Janice: I have a patent app w/ the USPTO. Got a second office action reply request on 8/21/12. States claims 1-10 are pending and says claims 1-10 are rejected. Final notice. Already spent over 7500.00 on this app. Can you recommend a reputable patent atty who will look at this and honestly tell me if they can overcome these objections, as my current atty states 98% of first time apps get denied. I do no
t trust him as he told me he could overcome the first set of objections and obviously he didn’t. My concern is that if this gets denied, that I will have to start all over with the patent process. This is my second patent attempt, with two diff attys who both said they could get the patent approved. I would like the protection and that is what has kept me going with this process. I need an HONEST atty please.

Joe Escalante: Sounds like you need a Mormon patent attorney. This guy is the best:

Annabelle: Hi Joe,good morning,I am working hard as ever but lately as if the money is getting harder to find and seems not able to pay my bills and mortgage after this month,the banks where we have mortgages not giving us attention for refinance,soon it will be late payment and maybe not able to pay credit card bills and mortgage is there a way of my cousin to do a quit claim or me from her so at least to save her credit or my credit in the long run,and how to go over this way? Hope you can give us a sort of proper directives how to do this,thank you very much!!!

Joe Escalante: It seems like you should have a consulation with a bankruptcy attorney to see if that will help, or if you can avoid bankruptcy. You can get a free evaluation from my friends at Legalzoom. Click below.

LegalZoom: Here’s the link, Annabelle:

Gman: Hi Joe
I recently sold my liquor license do I have to pay capital gains tax On it ? If so what percent ? How does 1030 Exchange work ? How long do I have to start or buy or start a business ? Any advice or links you can provide are greatly appreciated thank you

Joe Escalante: You shoudl ask Gary the tax guy this question on Thursday. See the link below.

LegalZoom: Here you go, Gman:

LegalZoom: Joe will be back next week to answer more of your legal questions. Join us then and in the meantime, catch him on the radio. See the schedule here:

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November 6th, 2012 at 5:31 am