We are a higher end apartment complex and someone said now all apartments have to take section 8. Is this correct?
No. There have been some changes along those lines but nothing so broad. Toledo for example passed an ordinance that says landlords cannot reject applicants solely because they rely upon vouchers to help pay their rent. But it doesn't go into effect for about two months and there is nothing... Read more »
Generally, yes. There is precedent for a general requirement to get vaccinated. Many healthcare providers require flu vaccines. Schools require children be vaccinated against a host of diseases. But they have to offer exemptions for those with legitimate medical or religious reasons not to be... Read more »
I was fired well forced to quit while on medical leave and told to get a COVID test before returning this is after i had my hours cut due to making a report of sexual harrassment
More information is needed to analyze your situation. Was your medical leave COVID-related? Does your employer have less than 500 employees? Did the forced resignation occur prior to December 31, 2020? If the answer to these questions is yes, then you may be entitled to protection under the... Read more »
It depends on why the locks were changed. Many associations have closed their amenities due to COVID-19. Florida Statute 720.116 gives the association to do whatever is necessary during a state of emergency for the safety and health of the membership.
I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... Read more »
You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If... Read more »
company is threatening to fire employees if they do not get the new covid vaccinations
Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... Read more »
Our tenant owes 11k in back rent due to pandemic. We sent a certified letter to her to vacate in 30 days as we need to sell. We are trying to prevent the house going into foreclosure. She said she’s not leaving. What rights do we have as landlords?
That sounds very frustrating.
So, provided the 30 day letter was done properly, you would need to file a Tenant Holding Over action with the District Court. This will start the process for eviction. Unfortunately, the Courts are in Phase 2 so there is no guarantee when the courts will hear... Read more »
I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... Read more »
These are very unusual times--and thus require using unusual means to get things done in the judicial system.
I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset... Read more »
Ex spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. My ex agreed to pay the equivalent amount of child support per guidelines by paying our child's insurance coverage (pretax from paycheck) & day/aftercare in lieu of paying to court. Shortly... Read more »
You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... Read more »
I am planning to get her here to live with me..Can I ask the immigration officer for adjust of status at the port of entrance ? O need to start the petition while she is over there? ..She is alone in Ecuador...my brother and sister can’t take care of her but I am
Consider scheduling a consultation with a competent and experienced immigration attorney who can advise you and your mother the proper procedure for immigrating permanently to the U.S. given her intent to do so from outside of the United States. If she has preconceived intent from outside of the... Read more »
my husband was laid off and his unemployment funds have been exhausted we received a 3-day notice to vacate the property that does not look like a legal document to me
There is a moratorium on evictions for non-payment of rent if the tenant meets the CDC requirements and gives the landlord the required form. Check the CDC web site for the form and the requirements. The moratorium is set to expire 1/31/2021, but there is talk of extending it.
There is a moratorium on evictions for those who cannot pay rent because of Covid if they meet the requirements of the CDC and file the form with the landlord. Check the CDC website for the form. If you qualify, then contact the landlord, who might agree to let you leave. Or if you qualify, you... Read more »
He moved to NJ in aug 2020 and changed his work using the COVID-19 situation and did not pay the support for 7months now.
The divorce decree was from NY .
Under the Uniform Child Support Enforcement Jurisdiction Act, the state where the children have resided for the previous 6 months has Jurisdiction over the case. You can ask the court to dismiss for lack.of Jurisdiction. If he has not paid you can file a violation petition in NY against him.
The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... Read more »
My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.
The plaintiff would like to schedule a special set hearing, but my husband has contracted COVID 19 and is not able to participate in a hearing. I am attempting to assist so he does not lose the case. Do I have to select a date for him since he is not doing well due to COVID 19 or should we contact... Read more »
The first step is to ask the other side to agree to a later date. If they agree, the problem is solved.
If they don't agree, and the other side goes ahead and notices the hearing, your husband would need to file a motion for continuance (postponement) of the hearing, and, if... Read more »
my son was pulled over for a tail light while on his way to the grocery store. While pulled over neither officer had a mask and made him take his off to identify himself. While they ran his name they made him get out of his vehicle handcuffed him and sit in the patrol car with them. After waiting... Read more »
Your son should first make a complaint against the officers with the department's internal affairs. Legally, whether the officers' actions were appropriate will depend on what exactly was going on at the time, and what your son was or was not doing.
My Dad isn't named on my birth certificate. My siblings pretend I'm not alive and I would like to be able to have some of his personal things. Can I legally make them include me before they separate his belongings up amongst themselves? I'm not seeking financial gain just pictures,... Read more »
Your father's personal belongings pass to those named in his will. You don't have a claim to them if you're not named in his will. If he doesn't have a will, then it gets complicated as to whether you are entitled to part of his estate and you would need to have a conversation... Read more »
Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid. Not even Allowing to video tour. Is there something I can do? I have a standard Virginia realtor agreement.
Thanks
The standard NVRA lease form gives the landlord authorization to access the premises after giving the tenant written notice. If you gave the proper notice and the tenant is refusing to give you access to the premises to show the premises to possible future tenants, the tenant has breached the lease... Read more »
I have been evicted from my home due to a fraudulent accusation by my husband since March 17th. The case have been dragged through the court system without any resolution as of today. I am totally displaced and need to know whst i can do in regards to my legal rights. We were married for 17 years.
It is unfortunate what you are going through at this time. The first thing you should do is file in Family Court for Spousal support if you haven't done so already and need the support. Unfortunately, the pandemic has made a mess of the court system with cases taking much longer due to... Read more »
I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »
No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... Read more »
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