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adjusterjack last won the day on October 26

adjusterjack had the most liked content!


About adjusterjack

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  1. adjusterjack

    Put late fees on 3 day notice....

    Told by who? "I was told" is the most dangerous phrase in the English language. I'm not convinced that you can't put the late fees in the 3 day notice for delinquent rent. http://codes.ohio.gov/orc/1923.02 http://codes.ohio.gov/orc/1923.04 The sentence in quotes appears to be the only statutory requirement for inclusion in the notice. Hope you got that. I find nothing in the landlord tenant statutes that prohibits you from putting the late fees in the notice as long as those late fees have already accrued and are in default along with the rent. https://law.justia.com/codes/ohio/2017/title-53/chapter-5321/
  2. adjusterjack

    nullifying a contract question

    That's easy for you to say.
  3. adjusterjack

    nullifying a contract question

    It might not even be insurance. Here's what google came up with: It could be nothing more than a service contract (in spite of calling it insurance) for which an insurance agent license might not be required. I don't know, just throwing that out there until the OP comes back and clarifies.
  4. adjusterjack

    nullifying a contract question

    Not necessarily. If the breach can be cured, the contract could still be enforceable. You don't have to be a licensed insurance agent or broker to buy insurance for specific purposes though I don't know what you mean by audit insurance. If the lack of the audit insurance didn't harm either of the parties, the rest of the contract might still be enforceable. Beyond that, one would have to read the whole contract and investigate the details of the breach to make any further comments. Asking "what if" questions typically gets speculative and useless answers (pretty much like the answers I've just given). Tell us what the situation is, who you are in the deal, what state you are located in, what harm is being done to you, how much money is involved, and why you want to nullify the contract. That might get you more useful comments.
  5. adjusterjack


    Then hire a lawyer. This is not a DIY project.
  6. adjusterjack

    Case law

    Describe what happened to you and what your goal is. Maybe somebody here will have a clue.
  7. adjusterjack

    Case law

    See: https://scholar.google.com/scholar?hl=en&as_sdt=803&q=sills+v+bureau+of+prisons&btnG The blue links under the case will take you to subsequent cases that cite Sills.
  8. adjusterjack

    Citation for making an illegal u-turn

    I've seen this before and it's often because there is an ordinance prohibiting u-turns in a business district. Check that.
  9. adjusterjack

    Commercial lease constructive eviction

    You wouldn't even get a dismissal. What's in, or attached to, the complaint is not grounds for dismissal. It is, however, items that you can raise as an affirmative defense in your answer and then seek the appropriate documents during discovery. What counts is what is presented as EVIDENCE during the trial. Going up against an attorney without one of your own is like taking a rubber knife to a gunfight. You'll be the one on the ground bleeding. Advised by who? Your auto mechanic, doctor, grocer? I don't see any advantage to a jury trial for a couple of months rent. Besides, you might have to pay for the jury if you lose. Worse, if your lease has a bilateral attorney fee provision you might end up paying for your enemy's lawyer if you lose. I suggest you seek the advice of an attorney before you get in over your head. You have some potential defenses but I doubt that you know how to successfully present them.
  10. adjusterjack

    Commercial lease constructive eviction

    Anybody can sue anybody for anything. That's the "how" of it. One of the basic doctrines of contract law is that the non-breaching party cannot profit from your alleged breach. So that's a defense you can raise. If you can actually prove (not just say) wrongful or illegal eviction you can countersue for any monetary damages you actually incurred as a result of having to move out early. Understand, however, that you could fail there if you had remedies for the alleged "nuisance" that you didn't avail yourself of contemporaneously.
  11. adjusterjack

    LLC Voting

    LLCs are designed to protect the individual members against the debts of the LLC. If Manager B is not personally guaranteeing any debt then the chance that debt becomes an issue is slim. Reasonable is in the eye of the beholder. It's reasonable if Manager A is generating enough profitability to cover her salary and any share of the profits that go to Manager B. Then Manager A should discuss the business activities with Manager B. Nothing in the Articles prevents the two of them working together. How did manager B get involved in all this and is Manager B deriving any income from the business or did Manager B just put up money and getting nothing in return? In other words, what on earth is the purpose of this conversation?
  12. adjusterjack

    LLC Voting

    What it looks like to me is that that this is Manager A's business and she is running it how she sees fit, without your input, and there isn't anything you can do about it. I'm guessing you are Manager B and had no clue about any of this when you went into business with Manager A. What's happening now that is giving you concern?
  13. An anonymous letter to his superiors would suffice. Though I doubt it would do any good. Unfortunately, there are many neo-Nazis in this country and, unlike Nazi Germany, we don't kill people for their beliefs, no matter how repulsive. One can only hope he outgrows his ignorance lest he eventually do something that gets him imprisoned or killed.
  14. adjusterjack

    Business dispute (oral agreement)

    Rat him out to the feds, get him deported, take back the business.
  15. adjusterjack

    Tenant's bankruptcy and eviction

    Is this really from an attorney? Did the tenant really file bankruptcy? One way to find out is to check your tenant's name on PACER, where the bankruptcy court records are available. https://www.pacer.gov/ If you can confirm that he did, indeed file bankruptcy you'll have to figure out how to get the relief from stay.