Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 20913 times)

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #15 on: March 13, 2014, 01:04:18 PM »
Seems he started the imbibing aspect of Purim early.
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Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #16 on: March 13, 2014, 01:09:35 PM »

Where did the OP say it was in the lease?
They said even though they don't have a contract, the LL agreed to the garage space and knew that the reason they were taking that apartment was because it had the bathtub and appliances.  The LL also knew that the family turned down other apartments because the apts did not have those amenities.

Offline Menachem613

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #17 on: March 13, 2014, 01:10:28 PM »

They said even though they don't have a contract, the LL agreed to the garage space and knew that the reason they were taking that apartment was because it had the bathtub and appliances.  The LL also knew that the family turned down other apartments because the apts did not have those amenities.

That's not equivalent to a lease and hence the LL isn't breaking a lease.

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #18 on: March 13, 2014, 01:14:07 PM »
That's not equivalent to a lease and hence the LL isn't breaking a lease.

I love armchair lawyers.
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Offline Super Speed

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #19 on: March 13, 2014, 02:17:45 PM »

I love armchair lawyers.
Well said!

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #20 on: March 13, 2014, 04:04:09 PM »
That's not equivalent to a lease and hence the LL isn't breaking a lease.
No lease, only an oral agreement around those specific points/amenities.

Offline Menachem613

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #21 on: March 13, 2014, 04:06:03 PM »

No lease, only an oral agreement around those specific points/amenities.

So the argument would be that the LL broke his oral agreement on a month-to-month tenancy. Good luck proving that.

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #22 on: March 13, 2014, 04:31:13 PM »
Up until now the LL validated the oral agreement was correct, but who knows what they will say to the rav. 

I haven't heard back yet what the outcome was.  I gave the tenants my advice about state law, but I don't know if they are going to use it because the LL chose to go to their own rav instead of secular (a non-biased rav would probably be better for the tenants, but I still supported staying out of the secular system). 

Offline Bostener

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #23 on: March 14, 2014, 01:34:57 AM »
No lease, only an oral agreement around those specific points/amenities.

What holds back the LL from saying just go out from here?

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #24 on: March 14, 2014, 04:03:58 AM »
What holds back the LL from saying just go out from here?
Nothing, but he hasn't.

Offline smee123

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #25 on: March 14, 2014, 12:56:15 PM »
From what iv'e heard, it goes with minhag hamakoem.
Just like i'ts understood you give notice of leaving a month, or in some places more before.
It's not different than renting a 3 bdrm and then the landlord uses that room.
You would pay like it's a 2 bdrm.

Offline srap

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #26 on: March 14, 2014, 01:08:10 PM »
From what iv'e heard, it goes with minhag hamakoem.
Just like i'ts understood you give notice of leaving a month, or in some places more before.
It's not different than renting a 3 bdrm and then the landlord uses that room.
You would pay like it's a 2 bdrm.
The LLs don't accept it.  That is why they are taking the family to the rav.

Offline smee123

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #27 on: March 14, 2014, 05:56:33 PM »
The LLs don't accept it.  That is why they are taking the family to the rav.
I'm talking halachicly.
IMO they (tenants) have a strong argument.

Offline Saver2000

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #28 on: March 14, 2014, 06:03:10 PM »
If there is no lease/contract,  why doesn't the tenant just move out?

Offline dudi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #29 on: March 16, 2014, 02:08:52 AM »
Are there any immigrant lawyers here that I can PM a very important q.?