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Can I Be Evicted with Only Three Days Notice? And More Free Legal Advice – Free Joe 7/27/12

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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.

Patricia: can my landlord of my apartment evict me with a 3 day notice? whatever happened to having 30 days to find a new place to live?

Joe Escalante: It depends on the terms of the tenancy. If both parties are honoring the terms, it probably allows 30 or maybe even 60 days notice. However, if you the landlord isn’t getting his rent, he can declare an “unlawful detainer” and give you 3 days to “pay or quit.”
If you are paid up and not in breach of some other part of the agreement, you can show up to court and challenge the eviction.

Tabauren: My name is Tabauren. I may be posting my legal question too early, but I asked about a dismissed DV conviction that I was advised to plead guilty to by a lawyer who only wanted to get paid regardless of the outcome, and rejoining the military a while ago. I am finding it hard to receive an answer for the simple question of “has my case dropped from my records and if so, can I rejoin the military or be compensated for my discharge?”

Joe Escalante: If you plead guilty to a crime, the state makes a record of it to protect the public. I can answer your question right here. No, your case has not been dropped from your records if you plead guilty.

Tabauren: Even if my case was dismissed, dropped, and closed?

Joe Escalante: If it’s dismissed, there will still be record of it unless you petition to have that record sealed.

Ricardo: I have a delima that I would like some clairifacation on. Here is the set up.

There is a nonprofit that has a positive annual cash flow of 10k or more. The option to purchase a home is available.

Here is the delima

One of the board members is interested in investing in realestate by purchasing houses for private use to build their own residual income. The nonprofit is willing to make a loan to the board member to purchase homes. The houses that the board member purchases with the loan will be rented to the nonprofit for use. This would allow the board member to build his portfilio while providing houses to the nonprofit. The money that the nonprofit loans will be returned with interest on the loan.

Here is the question.

Would it be legal for the Nonprofit to make a loan to the board member there by assisting the board member to purchase houses which in turn will provide houses to the nonprofit in Texas?

Joe Escalante: Why doesn’t the Non-profit buy the house themselves and then they wouldn’t have to pay rent to use them? Why? Because then the board member couldn’t engage in self-dealing of the highest order to enrich himself. This is straight up shenanigans Ricardo. Last time I checked Texas was not a Banana Republic.

Erica: Can I initiate a ‘divorce from bed and board’ [legal separation] in Virginia, without the assistance from an attorney?

Joe Escalante: You have the right to represent yourself without an attorney in these matters. Sometimes the court will pressure you to get one because self-litigants make them work harder and then they don’t get to golf as much, but you have a right to do this. You are seeking a specific grounds for dissolution that is not available in all states so a local attorney is going to be valuable. I usually recommend this book with the dog on the cover, but I’m not sure if it covers “Bed and Board” divorces. Good luck: http://www.amazon.com/Nolos-Essential-Divorce-Doskow-Attorney/dp/1413304524

Yolanda: Can you use an Alias when filling out an SS-4 application for an EIN? For instance, using an Alias for the Executor, Administrator, Trustee, “in care o”f name who’s administrating an estate?

Joe Escalante: I don’t do this a lot, but in my experience, the EIN in a probate matter is named for “The Estate Of (insert name of guy who died).”

Rose: Why is it legal for an employer to discriminate against an unemployed cancer surviver who used to work for them.

Joe Escalante: Discrimination is hard to prove in a legal sense so people get away with unfair treatment that may not rise to the level of actual illegal discrimination for practical purposes.

Rose: In the email they actually said I didn’t get interviewed because i am unemployed

Joe Escalante: The unemployed are not a protected class in terms of civil rights issues.

Alexia: I am divorced and our house was foreclosed on. Which seems to be happening to a lot of good people these days. However, my ex is refusing to leave the house which is causing a forcible eviction to be filed for. Will that show up on our credit report as a separate issue, from the foreclosure? I have had no problem explaining the foreclosure to creditors and have had no issues securing credit and an apartment but I am afraid if the words “forcible eviction” show up on my report, it will make it much more difficult to explain. Because in my experience, squatters are liars and losers and why would any potential landlord even believe the excuses I have to offer?

Joe Escalante: This is a credit reporting question, rather than a legal one, but you are right to be concerned. I am working with a client right now and the child support department made some false statements about him and they were repeated verbatim in his credit report.
Liens, judgments, and property seizures do end up dinging you in these reports but “forcible eviction?” I don’t know, but it’s possible.
The good news is that this is happening to so many people that it will not be the stigma that it could have been 10 years ago.

Jerome: Should I elect a separate corporation for each of my business? Or can I put them under one umbrella?

Joe Escalante: Check with your tax lady, but most people have one corp, that has other D.B.A.s operating under it.

Heath: I own 2 businesses . And have my have my llc for one of them . Hoe do I legally cover my other business under the same llc ?

Joe Escalante: One method would be to have a D.B.A. owned by the LLC. Check with your tax lady to see what the best scenario is for you.

Kimberly: My roommate bailed out on me and my 7yr old son,so we couldn’t pay the rent this month. I have got a 3 day to pay rent or quit. What are my rights and how long before we are thrown on the streets?

Joe Escalante: You can go to the unlawful detainer hearing and tell the judge what happened and that you just need some time to find a new place. Depending on how abused the landlord appears in all this, the judge will give you some time. Maybe up to a month, but probably just a week or two.

Donna: I want to get out of my rental agreement,i never moved in and its now infested w mice,caught 12 in a week what is my opt

Joe Escalante: There’s no hard and fast rule here. If you have an extreme pestilence, a court would probably not fault you for abandoning the premises immediately.
However, the court might feel that written notice to cure the problem would be required, then a reasonable time for landlord to respond would be allowed. Then we go from there. Was it cured or does it breach the warranty of habitability present in all lease agreements, even oral ones. The most important thing for you to do in terms of your legal rights is to make all demands of landlord in writing.

Surena: Can I countersue a person on my own without legal representation?

Joe Escalante: Yes, but it’s not easy. Go to the self help center at the court where you were sued and tell them what you want to do. They should help you. If they don’t, you gotta get on the internet and start looking for sample counter suits. Be careful though, some counter suits could trigger motions for attorney fees that you might have to pay if you lose. It’s a mess, I know.

Tina: I live in TN. If someone breaks a mediation agreement, what can be done to hold them accountable.

Joe Escalante: This depends. If you’re talking about court ordered mediation, you would petition the court to find them in contempt.

Jeanne: Hi Joe,
I want to start a tutoring business, possibly working from my home OR going to students’ home. Will I need any special permits, home ins. upgrades, or be aware of any county requirements for launching a home business? Thank you so much, Joe :-)

Joe Escalante: Start with the city and county. Then talk to your insurance guy. There’s not a lot of liability involved in the tutoring industry so I wouldn’t go overboard with all these formalities until it looks like it’s a real business.

Deby: In child custody I currently have joint but father has a tier deal to get un supervised visits. He is currently being charged for child molestation(not my child) what are my options to keep from having my child become the next victum? can I request full supervised visits or revise the length of the teirs or is that automatic when someone is charged with child molestation? Im out of colorado if that matters

Joe Escalante: If this is a new development in your custody case, petition the court for modification. You might even think about terminating his parental rights through the court. Bring the evidence of the charges to bolster your case.

However, since this is so serious, you should hire a family law attorney immediately.

Jon: if I just want to be a free-lance (pr) writer/consultant, do I have to CREATE any kind of personal biz for tax or any other kind of purposes? Thanks!

Joe Escalante: No, you can be a sole proprietor. That doesn’t take any business entity filings. Talk to your tax lady for the tax stuff.

Sharon: Hi my daughter missed her court because we moved and she didnt,receive it. She did a change of address with the Post Office. We didnt know you have to call the court and change it with them because they do not forward mail. How can she go about getting a new court date?

Joe Escalante: This is a local court matter. You have to call the clerk and try to get someone on the phone. Each courthouse is different and there are tens of thousands of them in this country.

Steven: I had my car illegally impounded, from an illegal traffic stop. The DA has suppressed all search and seizure, so I cannot even contest that… they reduced the charge of ‘false tags’, to expired registration, (infraction). So I cannot even take this to trial! Do I have ANY recourse???

Since my car, a 1996 Kia Sephia, is still Impounded, and I filed a Release of Liability through DMV; all I have to do is mail Roseville Justice Center a copy of the document, and pay 25 dollars legal fees. But they STOLE my damn car!!!! What kind of legal attorney would take my Lawsuit case? The News Channels won’t touch it…..

Joe Escalante: You would want a consumer rights attorney if the impound lot stole your car. If it was the government, you want a civil rights attorney. The taking of private property from a citizen without due process is a civil rights violation. Good luck.

Carol: Hi Joe: It’s me again. I need some assistance in collecting back child support from their father. He owes me $128,000 and I have done everything possible to collect, but he keeps changing jobs and moving. Everytime he moves or changes jobs, I have to start the process all over again. My sons are now 27 and 22, but he still owes us. Please let me know your thoughts!

Joe Escalante: Unless he buys some property that you can put a lien on, or gets a job where you can garnish his wages through a court order, I don’t know what else to tell you. Good luck.

Elizabeth: Hi – I was directed to post my question here. I recently had a nasty fall on a sidewalk that has a big dip in it. This is in a popular summer vacation spot. I am hearing now that this is a trouble spot, and other’s have fallen and injured themselves. I fractured my hand in 3 places. Do I have any legal recourse? I have an eye witness that was with me when I fell.

Joe Escalante: You should contact a personal injury attorney in the area where the trouble spot is. They will know if there’s some history with this.

Leta: Hello Mr. Escalante. Two years ago while on vacation in another state I fell and shattered my arm and shoulder. The damage is permanent. I hired an attorney where I fell and am very happy with her and the firm. My question is If I am awarded any money do I have the option to take a lump sum or should I take a structured settlement? I have heard opinions both ways. What is your opinion please?

Joe Escalante: This is a tax issue for you. I’m not so good with taxes.

Shannon: I recently gotten evicted from my apartment because I was unable to pay due to financial issues. The eviction was files maybe two months ago but I’m still in the place but living somewhere else. I usually stop by there to get my things before they change the locks. Its an apartment community and I recently gotten a letter in the mail from the apartments attorney with a letter stating removal of tenant. Its been a week and I haven’t heard aything. Can I eventually pay the balance with and have the eviction removed? I don’t have anything stating that I’m officially evicted though. I want to be able to purchase a home in the future without waiting 7 years.

Joe Escalante: Credit reporting agencies have their own policies. They are not law. They are policies. They must follow law, like the Fair Credit Reporting Act, but to get answers like you need, you must find out their policies. You do that by calling whatever agency you are afraid is going to report your eviction.

Betsy: A question for a friend on how ro procede: My friend was born at home. His parents never “registered” him as far as a birth certificate goes. He has been home schooled most of his life. He wants to geta job but doesn’t have a social security number. He was nroled in public school for 2 years in high school. The only subject that was taught at home was how to read. For that they made up a #. He’s 18 and is unsure whats next. His parents have not followed up on anything. He’s 18 now and would like to go to job corp but desparately needs that “real” SS#. Any suggestions would be very helpful. He lives in GA.

Joe Escalante: I would take him to the Social Security Office in your town and tell them the story that you just told me. I would contact a reality show producer before hand to get some of this on tape. It’s good stuff. The SSI office will set him up with a number. They’ll make him jump through some hoops, but eventually, they’ll give him a number. Unless he’s lying to you and is really a Russian spy, or an actual shaved wolf or something.

LegalZoom: Joe will be back next week to answer more legal questions. Join us then for more Free Joe! http://zoo.mn/bFreeJoe

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July 31st, 2012 at 12:08 pm