jueves, 27 de octubre de 2011
miércoles, 12 de octubre de 2011
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lunes, 10 de octubre de 2011
Licensing Your Copyrighted Works
Licensing Your Copyrighted Works
Word Count:
454
Summary:
If you've taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.
Keywords:
licensing, copyright
Article Body:
If you've taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.
Copyright License Agreement
A copyright license agreement sets for the terms under which a third party can use your content. In legal language, you will the "licensor" with the other party being the "licensee." The purpose of the agreement is to set forth the terms under which you, the licensor, will grant the third party, licensee, the right to use, publish or reuse your copyrighted work in exchange for a royalty. Let's take a closer look at key components of the licensing agreement.
Specific Rights Granted
This may sound obvious, but the agreement needs to detail exactly what copyrighted material can be used. If you have copyrighted articles, are you granting a right to use all of the articles or only certain ones? It is highly recommended that the agreement contain a detailed description of the exact materials being covered.
Once you agree upon the exact materials, you need to determine any restrictions on how the material can be used. Can the material be used on the Internet or will it be restricted to a certain niche' such as manuals or collections of materials?
An extremely important issue is whether the agreement grants exclusive or non-exclusive rights. In English, this simply defines whether the licensor can grant similar rights to other parties. The grant of exclusive licenses should require a much larger royalty rate since you are essentially betting the third party will be successful.
Licensing Royalties
In exchange for your copyrighted work, the third party is going to make royalty payments to you. The particular amount of the royalty is dependent upon the nature of your work. Issues to consider include:
1) Will you be paid a flat amount or percentage of sales?
2) If a percentage, will it be figured from gross revenues or something less?
3) How often will you be paid?
4) What rights will you have to audit the books of the third party to determine you are getting the full royalty?
In some situations, you may decide to forgo a royalty payment. This usually occurs when the third party will use the materials in manner that produces massive publicity for you. For example, many professionals seek to right columns for publications as a marketing tool. Often, they will not charge the publication for the material because the resulting publicity carries enough of a benefit.
In Closing
If you are considering licensing copyrighted content, keep the above in mind. Since such agreements are difficult to break, hiring an attorney is worth the expense.
viernes, 7 de octubre de 2011
Legality of Offshore Investments
Legality of Offshore Investments
Word Count:
714
Summary:
An over view of offshore investments and the procedures one must consider and comply with to ensure these investments remain a legal estate planning tool.
Keywords:
offshore banking account,IRS,offshore banking,tax attorney,tax avoidance,tax evasion,unreported cash,TDF 90-22.1,Jacobs Report,estate planning,tax specialist
Article Body:
Having an offshore banking account, corporation or trust are common themes in legal thrillers, spy novels and eastern European politics. There is a reason to be concerned about the legality of such accounts, for although many people would like to include them in their estate planning, a legal misstep regarding the use of any of these asset management tools could result in thousands of dollars lost in back tax payments and legal problems with none other than the IRS in addition to the possibility of spending time in prison. With that in mind, it is not surprising that many Americans shy away from offshore banking altogether.
As any good tax attorney will be able to explain to you there is a difference between tax avoidance and tax evasion. Tax avoidance is the use of legally employable strategies to reduce the amount of tax one has to pay. Tax evasion, on the other hand, is the use of illegal means to do the same thing. So the goal of any transaction that you would like to undertake offshore is to make certain that you are a tax avoider and not a tax evader. A lawyer will never be a willing party to tax evasion, if that lawyer is behaving within the cannon of professional ethics as well as the accepted norms of safeguarding their client's best interest.
To begin with it is illegal to have a secret bank account in another country that you don't tell the IRS about. It is also illegal to move unreported cash even if it is your money. The penalty for either of these offenses makes bank robbery look like a more attractive option.
However, with our own country continuing to advance the goal of globalization, of course it is legal to invest in, and to interact with, foreign markets and there are some tremendous incentives to do so. The key to taking advantage of these opportunities is to start modestly and remember that if it sounds too good to be true then it probably is too good to be true. Secondly, it is your duty as an American citizen to report your financial activities to the IRS. So divest yourself of notions of secrecy in the absolute and think in terms of tax savings rather than not paying taxes. If someone tells you that they can help you avoid paying any tax whatsoever, they are offering to help you engage in a criminal enterprise. And if you already are a criminal of some sort then perhaps you should look into the matter, but for the vast majority of those reading this article, don't endanger a life spent being a law abiding citizen by buying into an outrageous scheme.
As I said before, U.S. citizens and permanent residents are required to disclose their banking accounts abroad, where they are located and what the account numbers are, on a form called a TDF 90-22.1. However, there are exceptions to having to file this report and taxpayers are confused about the definition of these exceptions as well as the meaning of key terms within the document. One excellent way to begin to understand what must be reported, and when, is to look to the Jacobs Report. The Jacobs report which can be found at and it is an extensive document filled with the applicable law and IRS instructions as well as the accumulated wisdom of many web sites and foreign bank reports.
Remember, the cardinal rule when beginning your inquiry into offshore banking is to find out about these matters in detail. You need to check into things yourself and keep in mind that if a deal sounds too good to be true then it is. In addition, keep in mind the fact that you want to be a tax avoider not a tax evader. Consult your estate planner and a tax specialist because the laws in many of the nations that provide tax havens have changed somewhat since the beginning of the War with Afghanistan and Iraq, because the U.S. is looking for hidden terrorist cash reserves and that has changed the way discretion is handled in many tax haven nations that are friendly with our government.
Legalities & Contracts -- The Not So Fun Stuff!
Legalities & Contracts -- The Not So Fun Stuff!
Word Count:
642
Summary:
When operating a small business or home-based business it's important to have contracts and do the legal aspects of business correctly.
Keywords:
contracts, Virtual Assistant, VA, operating a business, home-based business, legal issues, contract requirements, self-employment, business basics, small business
Article Body:
This year has been my most eye-opening year when it comes to the legalities of running a business. In 2005, I celebrated 20 years in business. I believe up until then I just sailed though when it came to the legal aspects. Oh yes, I did everything the best I could. Don't get me wrong and I did most things right. But this year it seemed to all hit. This year I learned the importance of "protecting my business" and this year I learned the true meaning of a "contract." I learned the importance of realizing that it's a business and I need to run it as such in all I do.
Contracts—Those all important contracts. If you've read my books on starting a business you know I always say, "Get those contracts signed by the clients before the inception of work." I firmly believe this and stand by it. In fact, I do it 98% of the time, it's that 2% that got me this year. It was that client who said, "You have to produce the work first. We need to approve and accept it." Has this ever happened to you? It did me.
Even as an experienced veteran I fell for it. Attorney fees I could ill afford, tons of work and long, long hours spent, a big, "You should know better." from everyone later. The lesson learned is once they get your product, they hold the Ace card. Keep that in mind. You lose the upper hand, the edge you had, once you deliver the work to the client. Trust me on this ... before you start a project get it signed, sealed and delivered—the contract that is. The good news is I finally did get my contract. But, the aggravation could have been avoided had I done it right the first time.
What about this scenario? You sign a contract only to discover that the project is not what it appeared to be. Something goes drastically wrong and you realize that you need to make chances to the way things are being done. Have you covered yourself adequately for most occurrences or for the unexpected? Your contract just seems like a formality that needs to be completed when signing on a new client. However, when something goes wrong that contract turns into your "BEST FRIEND!"
Designing a Contract — When I first design a contract, I do the research myself initially. You can find the tools you need on nolo.com, Google and the topic, and books and message boards. I do a very thorough search ad extensive research first. Then I write the contract to include everything I need. Think three years from now. Think the worse case scenario. I really don't want to sound pessimistic here, but if you do, you will be protected for all cases. If you have covered yourself for the worse, then you have yourself covered for the best as well.
However, with that said, don't go overboard. You don't need to add everything or your points will get lost. Your clients won't want to read through it either. For example, I just reviewed someone's 15-page contract that was so outrageous boring I could hardly make it though. It had so much legalese and repetitive language, that everything she wanted to state was totally non-existent. You want your points to stand out. You want them to understand what you are saying.
If at all possible, get your contracts and legal documents reviewed by an attorney and let a professional be the one to look over it and see what you are missing. Yes, it's an expense, but a worthwhile one.
With solids contracts in hand you and your business will be secure and you will be free to do what you do best, make money.
jueves, 6 de octubre de 2011
Legal Terms – A Quick Guide
Legal Terms – A Quick Guide
Word Count:
362
Summary:
Legal issues and problems are stressful, complex and inevitable. If you get wrapped up in legal issues, it sometimes helps to understand the lingo being bandied about.
Keywords:
legal terms
Article Body:
Legal issues and problems are stressful, complex and inevitable. If you get wrapped up in legal issues, it sometimes helps to understand the lingo being bandied about.
Legal Terms
Contract: An agreement between two or more parties in which each party agrees to provide something in exchange for the other party doing the same. Typically, one party provides money while the other provides a service or product. Contracts can be oral or written, but oral contracts are difficult to enforce.
Copyright: The legal right attached to literary, musical, dramatic or artistic works. Copyright automatically attaches to the piece in favor of the creator of it. To sue for copyright infringement, the creator must file for an official copyright from the Library of Congress.
Intellectual Property: A product or idea that has tangible commercial value. Examples of intellectual property include copyrighted works such as books, patented items such as a product design and a trademarked item for a brand. The word "Amazon" is not considered intellectual property. When applied to the Internet, however, the word is intellectual property as it refers to a brand for an online bookstore.
Non-Compete Agreement: An agreement whereby one party, typically an employee, agrees not to use information learned during employment in subsequent business efforts for a set period of time. In some states, non-compete agreements are extremely difficult to enforce. An example of a non-compete agreement dispute is the current litigation between Microsoft and Google over Kai-Fu Lee.
Non-Disclosure Agreement: A contract binding one party to a duty of confidentiality in regard to certain information provided by another. An NDA typically is executed where one party wished to discuss a business venture with another and the discussion necessarily requires the disclosure of sensitive information.
Trademark: A name, label or symbol identifying a product or web site. Trademarks are filed with the Patent and Trademark Office and restricted to a class of products or services. "Amazon" is a trademarked term for Internet services, but not for general references such as ecological discussions.
Obviously, this is a relatively short list of legal terms. If your issue is not mentioned, you can search on the net to find an answer.
Legal Problem Expert Solicitors
Legal Problem Expert Solicitors
Word Count:
386
Summary:
Contactlaw.co.uk is a leading source for employment lawyer, divorce solicitor, commercial property solicitor, commercial lawyer, London solicitor, family solicitor, accident solicitor, injury claim, attorneys, and law firms who specialize in accident, divorce, criminal, car or road accident, personal injury, bankruptcy, immigration etc.For more information
Keywords:
Solicitor, find solicitor, uk solicitors, London solicitor, legal advice, commercial lawyer, commercial solicitor, commercial litigation solicitor, commercial conveyancing, commercial property solicitor, conveyancing, Conveyancing solicitor, employment lawyer, Employment solicitor, family law solicitor, divorce solicitor, emigration, uk solicitors, injury claim, accident solicitor
Article Body:
Contactlaw.co.uk is a leading source for employment lawyer, divorce solicitor, commercial property solicitor, commercial lawyer, London solicitor, family solicitor, accident solicitor, injury claim, attorneys, and law firms who specialize in accident, divorce, criminal, car or road accident, personal injury, bankruptcy, immigration, business, medical malpractice, custody, child support, injury, tax, traffic, patent, discrimination, family law, workers compensation, civil rights, insurance law, etc. offer high calibre lawyers, with expertise in the applicable areas of solicitor practice and a practical, constructive approach. Independent U.K. and abroad solicitors are working for clients throughout the United Kingdom and abroad, lawyers at , deliver a high quality and cost-effective range of legal services. Our solicitors undertake legal matters with experience, closely and professionalism. All of our solicitors are experts in the field employment lawyer, divorce solicitor, commercial property solicitor, commercial lawyer, London solicitor, family solicitor, accident solicitor, injury claim. Not only are they qualified solicitors, they have proven expertise in accident, divorce, criminal, car or road accident, personal injury, bankruptcy, immigration, business, medical malpractice, custody, child support, injury, tax, traffic, patent, discrimination, family law, workers compensation, civil rights, insurance law, etc. all type claims with every claim being handled or supervised by a member of the Law Society panel successfully.
Contactlaw.co.uk are a straightforward practice with a wealth of experience and capable of embracing new ways of resolving legal problems. In our services Conveyancers are primarily involved with the transfer of the personal or commercial ownership when a property or land is sold. Conveyancing solicitors are specialist lawyer who are trained in all aspects of law relating to property sales. Where Accident solicitor are related to serious personal injury and wrongful death claims resulting from car or truck accidents, defective products, medical malpractice, nursing home neglect, premises accidents and toxic substances concern. And Commercial litigation solicitors are specializing in business relationships, entities, transactions and disputes, medium size businesses, entrepreneurs and professionals. guide, you know the practical steps, you must take to maximize your compensation, learn strategies to fund your legal expenses at no cost to yourself and have the confidence to contact the best solicitor. For more information about diverse solicitors, accident solicitor, commercial solicitor, employment lawer, visit:
miércoles, 5 de octubre de 2011
Legal Help For Those Living Together
Legal Help For Those Living Together
Word Count:
326
Summary:
There's good news for the increasing number of American couples who are living together as a prelude to--or substitute for--marriage.
Keywords:
Legal Help For Those Living Together
Article Body:
There's good news for the increasing number of American couples who are living together as a prelude to-or substitute for-marriage. There are nearly 6 million such couples in the U.S., according to census data, and recently strides have been taken to recognize these relationships.
The reasons for cohabitating are as varied as the people themselves. For example, many are testing the waters before making a marriage commitment. Others feel that marrying isn't appropriate for their relationship or are unable to, or they are widowers who will lose survivor benefits if they remarry. However, while cohabitation offers many conve-niences, these couples also face limited legal rights and financial vulnerability.
For that reason, cohabitating couples have unique legal needs. Marriage entitles a couple to certain legal rights and protection in most common situations. On the other hand, if a couple is cohabitating and their financial accounts, loans, or place of residence are listed under one person's name, the other can be left without any support or protection in the event of an emergency. New privacy laws make it more important than ever to be certain that, as domestic partners, you have access to critical information and the legal ability to act as your partner's advocate when the unexpected happens.
"The fact is, marriage is not an appropriate or attainable arrangement for all couples, but this doesn't mean cohabitators can't legally validate their situation," said Michael Orlowitz, a Financial Advisor with Smith Barney. "By setting forth and solidifying intentions relative to particular issues on paper, unmarried couples may be able to strengthen their financial positions regardless of marriage."
Now you can do that on your home computer. Muses Products' "Legal Guide to Living Together" is the first legal software designed specifically for domestic partners. The software provides more than 150 documents to help you choose which rights to share with your partner. Areas covered include health care, finances, taxes, child-related matters, insurance, household arrangements, dispute resolution and even pet ownership.
martes, 4 de octubre de 2011
Lawyers' Association Exposes Immigration Myths
Lawyers' Association Exposes Immigration Myths
Word Count:
355
Summary:
America is a country of immigrants; yet today, the subject of immigration is quite controversial. The issue divides communities and politicians alike due to the many misconceptions that abound surrounding this matter.
Keywords:
Lawyers' Association Exposes Immigration Myths
Article Body:
America is a country of immigrants; yet today, the subject of immigration is quite controversial. The issue divides communities and politicians alike due to the many misconceptions that abound surrounding this matter.
The United States currently houses a larger population of undocumented migrants than at any point in its history. In the 1990s, more than 9 million legal immigrants were admitted to the U.S. In 2005, 11 million foreign-born individuals were living in the country in an undocumented status.
According to the American Immigration Lawyers Association, these migrants are typically alienated from the rest of American society, economically vulnerable, and fearful of contact with social institutions that provide health care and education.
"America's immigration system is broken and needs to be reformed so that immigration is legal, safe, orderly and reflective of the needs of American families, businesses and national security," said Deborah Notkin, president of AILA.
While the large numbers of immigrants have led some to conclude that the country has lost control of its borders, officials at AILA say that the true causes and dynamics of immigration cannot be so easily compartmentalized.
Developing effective immigration policies requires overcoming the prevalent myths about immigration, she said.
One misperception, Notkin said, is that migration occurs because there is a lack of economic development in migrants' home countries. In actuality, international migrants do not originate in the world's poorest nations, but in those that are developing and growing dynamically. Mexico, for example, the largest single source of U.S. immigrants, is not a poor nation by global standards. It has an industrialized, $1 trillion economy and a per capita income of almost $9,000.
Another myth is that migrants are attracted to the United States by generous public benefits. In reality, immigrants are less likely than natives to use public services, and 5 percent or less report using food stamps or welfare.
There also is the misunderstanding that most immigrants intend to settle permanently in the United States, Notkin said.
Mexico-U.S migration has been historically circular, with 80 percent of Mexican immigrants reporting that they made no more than three trips to the United States and three-quarters staying less than two years.
Lawyers & How They Negotiate Personal Injury Settlements
Lawyers & How They Negotiate Personal Injury Settlements
Word Count:
487
Summary:
If you have recently been injured in an accident through no fault of your own, you may find yourself in a sea of lawyers without knowing which one to choose. After being injured, many individuals turn to lawyers for help in protecting their rights and helping to ensure they are fairly compensated for lost wages, medical bills and pain and suffering.
Keywords:
aw,lwgal,lawyer,lawyers,book,books,attorney,attorneys,injury
Article Body:
If you have recently been injured in an accident through no fault of your own, you may find yourself in a sea of lawyers without knowing which one to choose. After being injured, many individuals turn to lawyers for help in protecting their rights and helping to ensure they are fairly compensated for lost wages, medical bills and pain and suffering.
Depending on the accident, medical attention may or may not be required. In an automobile accident, for example, the individual who caused the accident will be responsible for any repairs to the victim's automobile, along with the previously mentioned compensation. Most individuals hire a lawyer soon after the accident occurs even though settlement negotiations will typically not begin until after medical treatment has ended.
After concluding medical treatment, lawyers will begin to negotiate with the insurance company representing the person who caused the accident. During this time, lawyers will assess the amount of medical bills, doctor reports and diagnosis, lost wages, damages and will attempt to estimate a fair amount of pain and suffering. After gaining your approval, personal injury lawyers will submit a proposal to the insurance adjuster for consideration. It generally takes 30 days for a response, which is expected to be a counteroffer. At this time, lawyers will discuss the offer with their client and see if a fair settlement can be reached. If not, the lawyer will prepare another letter explaining that the adjuster's offer is not acceptable and will, once again, request that the case be settled for a slightly lower amount than the original proposed amount. This situation is a test of each side as the adjuster wants to settle the case for as little as possible while the lawyers want to make sure their clients are properly compensated. After several letters back and forth, and perhaps some telephone calls, the lawyers will advise their client when a fair offer has been reached. While they cannot instruct their client on what to do, they can advise them on the fairness of the offer and how that figure may change if the case were to proceed to trial.
For reasons of both time and expense, the majority of personal injury cases are settled out of court. Once a trial is granted, attorney fees and court costs increase dramatically. An attorney receives a pre-negotiated amount of the client's settlement, but receives a larger percentage if the case moves to trial. There are a number of lawyers who handle personal injury cases and it is always important to select one that is most sincere and seems most knowledgeable about the process.
The information in this article is to be used for informational purposes only. It should not be considered as, or used in place of, professional legal advice. Individuals who need legal help should consult one of the lawyers in their area who can assist them with their questions and concerns.
lunes, 3 de octubre de 2011
Landlord's Corner - Apartment lease agreement Late fees in Ohio
Landlord's Corner - Apartment lease agreement Late fees in Ohio
Word Count:
1320
Summary:
There are two lines of cases in Ohio which deal with whether courts will enforce lease provisions allowing a landlord to charge tenants for late fees. These lines of cases come to slightly different conclusions, but the bottom line is that landlords need to be very careful in charging tenants for late fees.
Keywords:
Article Body:
A. Limits As To Amounts
There are two lines of cases in Ohio which deal with whether courts will enforce lease provisions allowing a landlord to charge tenants for late fees. These lines of cases come to slightly different conclusions, but the bottom line is that landlords need to be very careful in charging tenants for late fees.
The first line of cases comes to us from the Eighth Appellate District. In the case of Siara Management v. Nedley, 1992 Ohio App. LEXIS 5265 (Oct. 15, 1992) Cuyahoga App. No. 61433, unreported, the lease called for the tenant to pay $30.00 in late fees if he was late five days, and $70.00 more if he were late ten days. The landlord tried to charge these amounts to the tenant and litigation ensued.
The Eighth Appellate District held that there is distinction between liquidated damages (allowable) and penalty clauses (not allowable) and that the court would use a three part test to distinguish between the two. Late fees would be allowable as liquidated damages if they were designed to compensate the landlord for damages which were:
(1) uncertain as to amount and difficult of proof, (2) the contract as a whole is not so manifestly unconscionable, unreasonable, and disproportionate in amount as to justify the conclusion that it does not express the true intention of the parties, and if (3) the contract is consistent with the conclusion that it was the intention of the parties that damages in the amount stated should follow the breach thereof.
In Nedley, the landlord did not make it past the first hurdle of the test. All that the landlord argued in court was that the late payment by tenants led to late payment charges assessed to the landlord by his creditors. The Court reasoned that "Any party due money could claim that the resultant decrease in cash flow might result in late charges against it. That is unduly speculative." Had the landlord come to the court with evidence that the tenant's late payment had caused him to incur damages in specific amounts, then those specific amounts might have been recoverable.
The Eighth District Court of Appeals also came to a similar conclusion in 200 W. Apartments v. Foreman, 1994 Ohio App. LEXIS 4081 (September 15, 1994), Cuyahoga Co. App. No. 66107 regarding a late fee of only $2.00 per day. In that case the court also found it significant that the landlord had shown no proof of its actual damages.
However, another of Ohio's appellate district treated the matter very differently. In the case of Calabria v. Green, 1995 Ohio App. LEXIS 3903 (September 8, 1995), Trumbull Co. App. No. 95-T-5181, the Eleventh Appellate District Court held that while late charges of $10.00 per day (for 38 days) was not enforceable, "an agreed upon, one-time late fee, that is reasonable in proportion to the rental rate, and that has a rationale basis supporting the imposition of the charge, is proper."
The Eleventh District Court of Appeals again came to the same conclusion in the case of Wadsworth v. Starcher, 1998 Ohio App. LEXIS 2909 (June 26, 1998) Trumbull Co. App. No. 97-A-0054. In Wadsworth, the Court agreed with the trial court that $5.00 per day in late charges over 92 days was not enforceable, and that the trial court's reduction of the late fees to $100.00 was proper.
It is clear that "parties to a lease agreement can agree to anything they wish within the limits of the law." Village Station Assoc. v. Geauga Co. (1992), 84 Ohio App.3d 448 at 451. The real question is: what are "the limits of the law"? R.C. 5321.14 prohibits parties to a lease from agreeing on illegal or unconscionable terms.
B. No Late Fees Under Oral Contracts
Where there is only an oral contract between the landlord and the tenant, at least one Ohio Court has held that no late fees can be assessed. Neubauer v. Patzkowsky, 1992 Ohio App. LEXIS 2919 (June 2, 1992) Franklin Co. App. No. 91AP-1236.
C. Waiver of Late Fees
Some landlords will try to collect late fees which have piled up over months and months. In the case of Habegger v. Paul, 2004 Ohio App. LEXIS 1971 (April 30, 2004) Wood Co. App. No. WD-03-038, a landlord sued the tenant for late fees which accumulated over a 14 month period. The Sixth District Court of Appeals held that the landlord waived his right to collect the late fees upon eviction by continuing to accept the tenants' rent payments and not pursuing eviction until approximately 14 months after the first late payment. The Court reasoned that:
A party may voluntarily relinquish a known right through words or by conduct. State ex rel. Ford v. Cleveland Bd. Of Edn. (1943), 141 Ohio St. 124. In Galaxy Development Ltd. Partnership v. Quadax, Inc., 2000 Ohio App. LEXIS 4651 (October 5, 2000) Cuyahoga Co. App. No. 76769, the Eighth District Court of Appeals found that the landlord waived its right to collect holdover rent from the tenant by continuing to accept the original rental payments after expiration of the lease. The Galaxy court cited Finkbeiner v. Lutz (1975), 44 Ohio App.2d 223, wherein lessees failed to make timely payments of rent on numerous occasions and lessors accepted the late payments. The Finkbeiner court held that the failure of the lessors to make timely objection to the late payment of rent amounted to a waiver.
Courts in Ohio will not allow a landlord to collect late fees which have piled up over a significant period of time.
D. Dangers for the Landlord
Where a landlord can get into trouble with late fees is in a dispute over a security deposit. Let's say the landlord has collected a security deposit in the amount of $500.00. The tenant leaves at the end of the lease term. The landlord finds $300.00 in damages at the apartment and also assesses $250.00 in late fees. Perhaps the landlord cannot show the court actual damages in the specific amount of $250.00. Maybe there was only an oral agreement between the landlord or the tenant. Perhaps the $250.00 in fees resulted from the landlord's practice of letting the late fees pile up over time.
If any of these are the case, there is a good chance that even in the more landlord sympathetic appellate districts, the landlord will only be allowed to charge the tenant a greatly reduced amount if the facts fit the first example, and perhaps nothing at all if the facts fit the second or third examples.
This will leave $100.00 or more that should have been returned to the tenant, entitling the tenant to double damages and attorneys fees under Ohio Revised Code Section 5321.16. While double damages in the amount of $200.00 might not be all that big of a deal, wait until you get to the mandatory hearing on reasonable attorneys fees. Now we're talking real money.
If you are trying to evict a problem tenant and your only basis is a failure to pay late fees, then the arguments above may have a bearing upon the issue of who has the right to possession when you get to the F.E.D. hearing. If a tenant can show the court that he stood ready at all times to pay the late fees, but that the landlord was holding out for an unreasonable amount, or if the tenant can show that he and the landlord engaged in a pattern of conduct of acceptance of late payments without protest, this could defeat the eviction action.
E. Lessons to Be Learned
One of the lessons to be learned from all of this is that late fees are something of a minefield when it comes to using them to reduce the amount of the security deposit returned to a tenant. The same is true when we are talking about evictions based upon a failure of the tenant to pay late fees.
Landlords should be aware of the problems that may arise when late fees are argued. Informing your attorney of your past practices with regard to late fees can save you both a lot of embarrassment, and perhaps allow the attorney to alter course in his arguments to get around potential hurdles.
Knowing when to Consult a Lawyer
Knowing when to Consult a Lawyer
Word Count:
453
Summary:
It's important to protect your legal rights in many different situations. Read this article and understand the types of circumstances that require professional legal help.
Keywords:
legal, law, lawyer help, law-suit, sued, advice
Article Body:
In this day and age, it's important to protect your rights in many different situations. Knowing when you require the professional services of a lawyer is important since many situations essentially demand it. Hiring a lawyer will typically cost you a large sum depending on the complexity and time required of your situation, so it is wise to understand when you really require legal services.
If you have been arrested or are being sued, contact a lawyer immediately. These types of situations are very cut and dry in terms of whether or not you need legal help. However, there are many of reasons other than existing legal problems that might be reason to hire a lawyer. For instance, if you are considering firing a problem employee from your business, you may want to consult a lawyer before you find yourself embroiled in a lawsuit.
If you're unsure if you need legal advice or assistance, a good question to ask yourself is what have you got to lose? If the answer is money, freedom, or other rights, then getting a lawyer is a wise decision. Again, you may not be prepared quite yet to hire a lawyer for your situation, but at least consulting one on your rights is a wise decision. For instance, if you are in the process of getting an amicable divorce, you may want to consult a lawyer to see what your rights are but not necessarily get one involved.
Before contacting a lawyer, you should understand the scope of your situation. There are many different types of lawyers, each dealing with distinct types of legal problems and situations. While most will immediately let you know if you need to contact someone else, it is a good idea to have a grasp on whose expertise it is you need. There are plenty of online resources to help you decide what type of lawyer you need.
If you think you may need a lawyer, it is vital that you act quickly. Certain situations are very time sensitive, such as suing for injuries sustained in an accident. There is a specific amount of time you have to file a lawsuit, so even if you're not sure what your course of action should be, consulting a lawyer is wise. They can help steer you in the right direction and let you know if they believe you have a strong case.
The legal world can be very confusing, frustrating, and frightening to many of us. Understanding what your rights are is the first step in resolving any issue, whether it's criminal, business related, or anything in between. Finding a qualified lawyer is the best way to make sure someone is fighting for your rights.
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