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Landlord and Tenant Law – The Importance of A Written Tenancy Agreement

Does a Tenancy Have to Be in Writing? Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provision) Act 1989 any contract for the creation of an interest in land is invalid and unenforceable unless it is do so in writing. Interest in land would include mortgages, sales and transfers, charges or leases. The exception to this rule is that an oral lease may be created so long as it is;

* For the best rent reasonably obtainable (i.e. a market rent) * For a period of less than 3 years

This means that a tenancy can generally be created by verbal a agreement, although this isn’t advisable as verbal contracts would be difficult to prove and if the relationship between the landlord and the tenant breaks down, an expensive court proceeding may be have to take place in the absence of clear and unambiguous terms. This is why a written tenancy agreement is therefore in the best interests of both the landlord and the tenant.

Written Statement of Terms At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

When there is no written tenancy agreement, section 20A of the Housing Act 1988 provides that the tenant is entitled to be provided on demand with a written statement setting out the following terms of the tenancy:

* Term or length of the tenancy

* Date on which the tenancy commenced

* Dates on which rent is payable

* The rent due under the tenancy

The landlord is required by law to provide this statement within 28 days of receiving written notice from the tenant. Any failure to comply with the requirements of this act wil be classed as a criminal offence and if a landlord fails provide the requested statement within 28 days, they may be convicted and fined up to 2,500.

What Should I Put In The Tenancy Agreement? The information on dates and rent payments that landlords are obliged to provide the tenant under the Housing Act, a tenancy agreement will usually include provisions which relate to the following:

* Details of additional bills & service charges

* Inspections

* Procedure for ending the tenancy and resolving disputes

* Procedure for varying the rent

* Responsibility for maintenance

* Restrictions on the use of the property

In all tenancies, the tenant will have a number of basic rights which cannot be taken away or restricted, and any provision of the tenancy agreement which attempts to do so will become invalid. Where one provision or term of a contract such as a tenancy is found to be invalid, other provisions which refer or relate to that term may be unenforceable. Because of this, care should be taken when drafting a tenancy agreement and you may want to consult a professional.

If you own several properties which you rent out, it may be more cost-effective for you to ask a lawyer to draft you a standard-form tenancy agreement which you can customise for each individual property rather than consulting a solicitor for each individual tenancy.

Why Is a Florida Criminal Defense Lawyer Needed After a Case Is Over

After a criminal case is over, some people still need the services of a competent Florida criminal attorney. There are a variety of issues that can crop up long after a criminal trial is over, often as a surprise to the individual.

Probation Violations
After someone has been convicted and punished for a crime in the State of Florida, they may be put on probation. There are specific requirements that must be followed after someone has been released from incarceration or to prevent incarceration. They are often required to meet with a probation officer, perform community service and avoid further infractions with the law. With alcohol- or drug-related offenses, the individual is often forbidden to be around those substances. When conditions of probation are not met, the persons probation supervisor can have them charged with a violation. If found guilty of the violation, they may see more jail time, pay additional fines or face additional community service. Probation violations are often caused by a misunderstanding or a lapse in judgment. Having a Florida criminal lawyer to explain the charges is helpful for the defendant. It is also important to have an attorney to protect the persons rights and smooth over any misunderstandings. It is also possible to have any further punishment lessened by a skilled legal negotiator.

Expungement
When a juvenile or first-time offender gets into trouble with the law, it is sometimes possible to have certain crimes expunged from their record. This means that when they reach adulthood or go a certain amount of time without another violation, the conviction is wiped clean from their record. Expungement is sometimes offered in exchange for a plea agreement. There are certain types of crimes that are not eligible for expungement. In many cases, a crime will remain on someones record until years later, as an adult, they find themselves unable to secure employment, attain credit or gain entry to certain universities. In this case, it is sometimes possible to have their juvenile record sealed. A Florida criminal defense attorney can determine whether the case is eligible for seal and file the proper motions to do so.

Warrants
Sometimes people find out by accident that a warrant has been issued for them. There are typically three types of warrants issued in Florida. The first is a bench warrant. It is usually the result of a missed court date. The second is a violations warrant, which happens when someone does not comply with their probation requirements. The third is a capias, or an arrest warrant. While there is often a misunderstanding involved, incarceration can be a result.

Steps to Building an Emergency Fund – AGT The Safe Money People

Ben Franklin once declared, “A penny saved is a penny earned.” Yet, equally enlightening are his thoughts on expenses: “Beware of little expenses. A small leak will sink a great ship.”

And there are plenty of “leaks” that can scuttle an already-tight budget. For instance, a spouse idled by the sour economy, a fender bender with the family car, or an unexpected hospitalization. Thats why financial advisors recommend that you have a rainy-day fundenough liquid assets to cover three to six months worth of emergency living expenses. In case of financial emergency, access to additional money will save you from relying on credit cards or loans that simply compound the problem.

When starting an emergency fund, here are a few tips to abide by:

1.Determine what amount is best for you. Most experts agree that you should keep between three and six months worth of your living expenses set aside in your emergency fund. Your specific situation whether you have children, carry substantial debt and types of insurance coverage you have will determine what amount is best for you. Examine your situation your income and your needs to decide how much you should save.

2.Start small. Starting an emergency fund can be as simple as depositing $100 into your high-interest savings account. But before you begin, be sure that youre meeting your basic living expenses. And as you build your emergency fund, be sure youre also reducing your spending and avoiding debt.

3.Stick to a schedule. Get into the habit of making regular deposits. Whether it is weekly, bi-weekly or monthly, create a schedule and stick to it. Once you make saving automatic, you wont even have to think about it.

4.Consider an online savings account. In many cases, an “online” savings account may make more sense than an account at a traditional, bricks-and-mortar bank. Thats because many traditional banks are not currently offering a savings option with interest rates high enough to meaningfully beat inflation. In addition, an online savings account is a reliable way to manage your money.

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Quick Divorce Miami — 4 Myths About Divorce Mediation

Are you looking for a quick divorce in Miami? Then I’ll tell you what many people have probably already told you before — hire a divorce mediator. But if you have doubts about divorce mediation, this article will debunk four of the most common myths about this relatively new practice.

Myth #1 – Mediation Is Like Marriage Counseling.

I’ll say it once and for all — mediation is NOT marriage counseling. Divorce mediation operates on the assumption that you, and your spouse, WANT the divorce. And so it works towards quickly and conveniently reaching a compromise that both parties are happy with.

Your Miami divorce mediator will take your needs and expectations from the divorce, and then impartially compares them with your spouse’s. Then, taking the divorce laws of Florida into consideration, your mediator will craft a settlement that both you and your spouse will find acceptable.

Myth #2 – Mediation Is An Unnecessary Expense.

It’s a given that divorce is expensive. When done the “usual way,” you’ll have two lawyers (yours and your spouse’s) battling it out in court, with their endless debates and adversarial letters going back and forth for over a year. As your legal bills pile up, why add the cost of mediation to the mix, right?

Fortunately, that’s not how it works. Hiring a divorce mediator actually happens BEFORE you go to the courts. Couples who do so can look to save up to $12,000 or more, because they don’t need the services of their lawyers yet while the divorce mediation sessions are going on.

Myth #3 – Mediation Only Delays The Inevitable.

Sure, divorce is inevitable between you and your spouse. But hiring a divorce mediator is hardly a delay! In fact, since divorce mediation avoids the usual confrontation and endless debates, it actually saves time by helping you and your spouse reach an agreement much more quickly.

The average time required by a divorce mediator to help couples reach amicable settlements is 90 days — 15 months less than what the courts usually take to do the same! Your mediator will ensure a quick divorce in Miami by helping you and your spouse reach an agreement, drafting it up, and then forwarding it to your lawyers to be finalized with the courts.

Myth #4 – Mediation Is Discouraged By The Legal System.

Yes, some lawyers disagree with divorce mediation, and insist that the legal system is still the best venue to process divorce cases. We can’t blame them for saying so — after all, they make much of their living processing divorce cases!

But today, Miami courts actually like divorce mediation. Since they won’t have to sit through months and months of debates, they speed up the processing of other cases. What’s more, divorce mediation is also recommended by lawyers who sincerely care for the well-being of their clients and their families.

Want A Quick Divorce In Miami?

The answer is simple — find a good divorce mediator! The best ones out there have been doing it for quite a while, have good knowledge of the Florida legal system, and have a long list of satisfied clients in their portfolio.

The Important Challenges Every Person Have to Know Concerning Internet Movie Resources

Scores of new movies are released each year because movies entertain us in a special way. A man or woman is wants a decent collection of top movie hits. This is a way to sit and relax with friends and family as well as enjoy the pleasure of watching movies. The movie listing will be extensive, because we all like our favorite genres.

DVD disc are flimsy and typically have a short shelf life. People today are looking for movies storage devices to contain their movies and enjoy the movie when they are relaxed. New programs make it easy to download movies. Online movie providers make it as simple as clicking just a few buttons and surfing their database.

Look around on the internet at the various packages before making up your mind. People generally stick with a few leading software packages. Companies have all kinds of packages that will be around to answer any questions you may have. A lot of movie sites include quick burning modules for movies.

It is imperative to recognize the availabilities of robust movie programs that deliver movies that you can download online.Keep in mind that ignoring laws that protect print and media is a violation. Dont get side tracked by choose quality movies from authorized shops or sites.

The benefits that make a particular piece of software superior are the speed and burning rate of the software. the enjoyment of being able to burn top rated movies is deterred if a movie is burned with low quality. A large number of burning software will produce a movie without losing any picture quality in the reproduction, as a result, the final picture looks perfect.

The burn precision and software engine is paramount since some programs can take twenty-five minutes to complete even though some applications burn at lightening speed. It is possible to get an evaluation copy of software before you actually need to purchase it. Most companies let you try their computer applications on your system in which they give you ample time to use the software without paying for it. This allows you to try all of its computer burning features and if the movies burning program runs smoothly.

Look on the internet for genuine ratings and user experiences about movie software to, to uncover any tips and tips to working with the movie application you are pondering. Another great tip is to, go with the software application that makes you feel comfortable that matches your criteria. Getting familiar with any computer software guides will expand your understanding of how to use it effectively. If at any time you are ready to unlock the complete features and buy it, you’ll expect to see those charges in your credit card bill.

Go from beginner to advanced very quickly by researching topics connected to the latest trends happening in the movie software arena. A lot of software users stay updated online due to the reason there are a lot of sites on this topic As a result of using your time wisely to get more facts online, you will come across online sites that let you download free software applications and a website section that shows how many movies they have that they have on file for twenty-four hour access.

People pay according to the billing plan of the website and on how well the website is designed and the tools, software and other benefits such as games. Businesses that are authorized to let you download movies are the ones to join and feature high quality film downloads for your membership at a price-point that seems to be comparable for the services you get.

These measures are what define real internet businesses. An individual can quickly build a robust movie collection very quickly and play them the next time you invite friends over.

How to Choose a Good Divorce Lawyer

Every relationship begins with a feeling of love and affection. But there can be some unfortunate situations where your life becomes a maelstrom. The marriage that you thought would give love and happiness will end up a lacuna. You experience a mlange of emotions when a necessity to proclaim a divorce arises. What you need the foremost in a situation like that are good lawyers who can understand your emotions, the emotional and financial stress that you are undergoing and help you accordingly. Moreover, the lawyer should be someone who can explicate things in a proper way for you to understand as the divorce process is going to be rigorous and time consuming. Since it is an intricate issue that is subject to too many complications and lots of mutual disagreement, it is indispensable to be circumspect. So it becomes a necessity to know how to choose a good divorce lawyer.

Qualities of a Good Lawyer

The lawyer you are looking for, in short, should be a legal eagle. After all, you entrust your future in the hands of the lawyer. An effectual lawyer is the one who will
Assist you in the proceedings of the court and the case
Provide courtly response for the questions that you pose
Help you understand the positive and negative aspects of the case
Assist you in concentrating on the important part of the divorce, keeping in mind the emotional problems. Precautions to Be Taken

You can carry on one of these procedures before you choose the right person to represent you in court.
Talk to friends or people who have already undergone the legal proceedings of a divorce.
Do comparative study by talking to more than one lawyer and check out how they differ and what is beneficial to you.
Think twice if you are comfortable talking to the lawyer about your marriage life.
Observe their opinion about arguing for child custody, if you have a child.
Talk to the lawyers personally and not through phone as this can give you an idea about how honest the lawyer is.
Do not let the desire of getting a divorce soon and breaking up from the marriage affect your analysis about the lawyer.
Check if the lawyer will effectively take care of the settlements, the alimony or the palimony. Clarifications to be Carried Out

Once a lawyer has satisfied all these criteria there are a series of questions that you should ask them to make sure you have chosen the right one. Some of them being,
For how long has the person been pursuing law as a career.
The lawyers area of expertise.
The trail experience that the lawyer possesses.
How has the lawyer handled cases that were similar to your case.
To what extent the lawyer has knowledge about the settlement and parental alienation.
The process of filing and getting a divorce in the city of your residence.
The apparent issues and obstacles in the case.
Duration of the process and the process that s/he would recommend.
Amount you are going to pay them.
The schedule of payment.Play Your Part Honestly

The Why and How about a Prenuptial Agreement

Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.

In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.

What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.

You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.

You can keep property, including property that might later be acquired by inheritance, in one spouses family.

You can limit one spouses liability for the debts of the other spouse.

You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.

You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.

The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.

How do you get a prenup?

The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.

Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.

The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.

Signing A Non-Disclosure Agreement With A Patent Attorney

Clients mostly persuade their patent attorney to sign a non disclosure agreement. Patent attorney appointed for the purpose of patenting is not required to sign the non disclosure agreement on request of the inventor. But various lawyers obtain money from the inventors in order to sign a non disclosure agreement (NDA). This practice is followed so that the inventor questions about the procedure of the invention patenting from the patent attorney. These types of agreements are beneficial to the inventors however the patent attorney acts as a signing authority and has to pay for this process. Therefore, considering the ethical rights this practice has been excluded. If the non disclosure agreement (NDA) is being decided and signed in any case, it is advised for both the patent attorney and the inventor to consult a counsel for the same. This is a little unusual as the patent attorney who represents his/her client has to further consult his/her attorney in order to get advised whether to sign the non-disclosure agreement or not. This is why such an option is not considered by various inventors and patent attorneys who work for patenting the innovation.

Until and unless the idea and information regarding the innovation are discussed with the patent attorney by the inventor, the non disclosure agreement (NDA) cannot be signed as the patent attorney is liable to provide confidentiality to the information given by the inventor. A patent attorney has to abide by various federal rules which are imposed so that the information of the inventor or the client is always kept confidential. In such scenarios an inventor gets confused as in how to get a non disclosure agreement (NDA) signed without disclosing his/her original idea to the lawyer. What best could be done here is that inventor gets the non disclosure agreement (NDA) drafted by a lawyer first and then submit it to the patent attorney for signature and then get started with the client-attorney involvement.

But, this could prove difficult as a lot of money from the inventors end would be spent. There shouldn’t be any discrepancy of interests of the current or past clients while the patent attorney represents the current inventor. This can also create some issues for the patent attorney until the patent attorney is well versed with the client needs and requirements. Disclosing fundamental information pertaining to the invention with the patent attorney which might not necessarily include all the information about the invention can ensure inventors about the faster and successful patenting process and signing of the non disclosure agreement (NDA). However, for some patent attorneys such basic information could not be sufficient enough.

Therefore, clients and inventors do trust some patent attorneys and reply upon them in such scenarios as they would not use the innovative idea for illegal and unlawful use as the patent attorney is not into such competition as is the client himself.

Video Deposition – An important legal tool for Attorneys

In virtually every legal situation, attorneys use depositions to record witness interviews prior towards the case currently being attempted inside a court of law. The knowledge provided from the witness inside a deposition can be utilized as proof by an attorney in the time of a trial and current his side with the case.

Basically, depositions support lawyers to create a tactic to be able to strengthen their circumstance inside a court of law. This is in which video deposition providers come into play.

The effectiveness of a video deposition is dependent upon the court reporter’s potential also as the witness’s habits. It’s very prevalent for witnesses to be uneasy for the duration of a deposition and therefore it is the capability with the court reporter to interpret the numerous aspects from the witness that contain emotions, conduct as well as the body language which goes a long way in defining the effectiveness of the video clip deposition.

A prime quality video deposition can assist a lawyer construct his circumstance very properly since the deposition is definitely an official statement that can be used in the court like a reference in the course of a trial. Though access to written transcriptions just isn’t obtainable immediately they could be created accessible if the court is of your opinion that a witness is attempting to alter the authentic testimony.

In some circumstances the witness might not be shifting the testimony but may be displaying a different attitude. A lawyer might use the video deposition to highlight this difference to the court and strengthen their circumstance.

A video clip deposition is ideal for making comparisons in a very court of law. It really is for this purpose that far more and more firms are opting for video clip depositions because it brings in further accountability.

Nevertheless, a video deposition should be done in a professional manner so that you can sustain premium quality requirements. If a video clip deposition is shabbily handled, it might possess a really adverse impact on the circumstance by itself. Hence, a good deal of care desires to taken at the time of a video deposition.

It is very critical that there are skilled camera individuals in location to be able to help the court reporter from the deposition method and be sure that the video good quality of the deposition is of the highest standards.

Lastly, there are very some video clip deposition companies who can offer video clip conferencing amenities in order that as a lawyer it is possible to conduct depositions, witness interviews or another relevant solutions without actually getting to depart your metropolis. The most beneficial point is it aids your clients to conserve on charges and concurrently conduct a video deposition anyplace in the world.

Orange County Auto Accident Lawyer

If you or someone in your family has been injured in an auto accident, you may have asked yourself, “Do I need a lawyer?” Mashney Law Offices attorneys stand ready to represent you.

It is a common and often costly mistake to assume that because you have insurance coverage you will not need or benefit from legal advice from a lawyer experienced in personal injury.

Insurance companies know that few auto accident victims are familiar with auto accident law, proper auto accident injury care, or the details of their own insurance coverage.

The majority of insurance companies have a list of doctors with whom they work. These defense doctors have an interest in maintaining a lucrative working relationship with the insurance company, an interest that may not align with an accident victims best interests, care, and legal rights.

In such situations, some defense doctors may minimize the severity of an auto accident victims injuries. Insurance companies may attempt to disallow some types of treatment in favor of less expensive and less effective treatments in order to reduce their costs. Even in accidents cases involving serious or catastrophic injury, an insurance company almost always disputes the cause of the injury and the necessity and extent of medical care continuing into the future.

Injured auto accident victims who attempt to negotiate without the benefit of legal advice from a licensed and experienced personal injury lawyer, after they have provided the insurance company with a recorded statement and been seen by an insurance company approved doctor, often discover that insurance companies are more interested in receiving premiums and in minimizing the costs necessarily associated with claims than with paying the claims of injured auto accident victims.

The injured victim of an auto accident may be wise to think carefully before attempting to negotiate with an insurance company on his/her own. The expert advice of the lawyers of Mashney Law Offices, experienced in auto accident and personal injury law, can be of great benefit to an auto accident victim.

In California as in most other states, if you are involved in an auto accident, fault and liability must be determined before an insurance company will make a settlement payment. Fault and liability refer to responsibility. The individual who caused the accident through carelessness or negligence is at fault and is liable for any property damage and personal injuries that result from an auto accident. Liability may be shared in situations in which more than one person is at fault. Each individuals settlement is likely to be based on his or her share of fault.

Auto insurance companies have deep pockets and teams of experienced and tricky claims adjusters and defense lawyers whose job it is to see that you get as little compensation as possible, a minimum payment, for your auto accident claim.

If you do not agree with an insurance company determination, Mashney Law Offices attorneys can file a lawsuit to recover additional damages, either for monetary damages, such as lost wages, or non-monetary losses, such as emotional distress, pain, anguish, loss of consortium, etc. Mashney Law Offices auto accident and personal injury attorneys have the knowledge, skill, ability, experience, expertise, and resources to represent you in your dealings with insurance companies.

Mashney Law Offices will work hard to see that you get the best settlement ethically and legally possible to compensate you for the damages, suffering, and losses you have incurred. For more information regarding auto accidents please visit