All Forum Posts by: Edward Schenkel

Also, if you decide to move forward with the transaction, make sure you do your due diligence on the loan documents (e.g. was the mortgage recorded, was the assignment documented properly and recorded, etc). Foreclosure law in CT can be a bit complicated at times and there are clever defenses that can be asserted if the documents are not in order. It could mean that once you buy the note, the foreclosure takes a lot longer than anticipated. I would be happy to answer any questions.

Regards,

Ed

@Robert Lindsley, I do not think that is a required disclosure but i think why not include it in the lease. Include the link as well. You should also include a lead paint disclosure form. If you do not have the form (it is a standard form) I would be happy to provide to you. If you have any other questions about good lease provisions to include, i would be happy to help you. Feel free to comment here or message me. 

Regards,

Ed Schenkel, Esq.

@Robert T Bell 

welcome. I am a real estate attorney from the other side of the state but if you have any questions i can help with, feel free to ask!

Ed

@Robert Lindsley, be careful in this situation. Your notice to quit must contain specific language to allow you to accept rent after the notice to quit is served without it interfering with your eviction. You can accept the rent, but the tenant (he would have to be savvy) can argue that by accepting the rent payment after the notice to quit, you created a new lease and you need to start the eviction over. There are pros and cons to accepting the rent. PRo is you get the rent. Con, if he is savvy he can make you re-start the eviction process. You can protect yourself but adding special language to the notice to quit. 

If you have any other legal questions, let me know!

Ed (I am a practicing lawyer)

@Joseph Billow, i agree with Alex. However, if the tenant is still there after foreclosure, you have to start a summary process action against the tenant (eviction). This is a new lawsuit and could take months to complete. 

If you should have any questions, please feel free to ask.

Ed

There are a few things i would suggest. 1) look into farmland exemption. Some towns have exemptions if the land is used for farmland. 2) make an appointment with a town planner and ask about town conservation easements. However, this could impact land value. 

If i can answer any legal questions, please let me know.

Agreed, standard practice in CT. 

@ Stephen R.

If it is not in the contract, you cannot force him into arbitration. Plus, often times arbitration costs money. Arbitration clauses typically benefit contractors because it may cost a claimant more to arbitrate than file a lawsuit. Also, it keeps it out of public record which also benefits the contractor. 

I would suggest filing the lawsuit in small claims court. You will get a trial fast. What are your total damages? It might be worth filing in CT superior court. 

Did you have a contract with the contractor?

If you have any other questions, please feel free to ask here or message me.

Ed

@Sunny Rajvansh - this is true. I do not have the regulation handy, but i believe it is a department of consumer protection regulation. Therefore, a tenant has a 10 day grace period to pay the rent before the tenant would be considered in default or "late." You can try to contract away that right to the 10 day grace period but i doubt a court would find it enforceable. Any other legal questions about landlord / tenant law, i would be happy to help you. 

@Michael Spittler, see my above comment.