Questions and Professional Answers

• Going to Canada, need to break lease.

  I have a one year lease on an apartment in CA. I am on a one year work visa. I am currently not making enough money to stay in the US, and must return to Canada for another job. Can I get out of my lease without leaving one months rent (1000$) behind as a penalty for breaking the lease?

  • Re: Going to Canada, need to break lease.

    Inorder to get out of a long term lease early you have to play the landlord at his own game. For a full explanation go to my web site at members.tripod.com/familylawca/After you get the 3 day notice declaring a forfeiture of the lease, demand your deposit back, or sue your landlord in small claims court for 3 times the amount you owe up to the day the 3 day notice expired.

    Robert Mccoy
    Law Office Of Robert McCoy
    204 N. San Antonio Ave.
    Ontario, CA 91762

  • Re: Going to Canada, need to break lease.

    No. All you can do is try to find a replacement for yourself, or negotiate with the landlord.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

• Non Circumvention, Confidentiality and Liability

  We are planning to incorporate a company here in Canada and would like to tie up with manufacturing companies in US, China and India. We wish to sell the product that they would manufacture.We wish to get into an agreement with them so that they do not at a later date circumvent us in paying our Over Riding Commission, Do not use the contacts that we have generated for their personal gain and at the same time we do not wish to have ourselves liable for any defective parts that they have manufactured. We would like to have this agreement enforcable in Canada and United States - all across. Any disputes would be resolved in Ontario, Canada. Could you please suggest us a form which could be filled in and signed up by both the parties.

  • Re: Non Circumvention, Confidentiality and Liability

    Hi,You need to sgn a distribution agreement with an appropriate confidentiality clause.You may contact me at if you need to discuss further.Regards,Robert

    Robert Brouillette
    Brouillette & Partners
    1550 Metcalfe, Suite 800
    Montreal, Quebec H3A 1X6

• can a US company collect in Canada?

  I had to leave the US and broke the lease of my apartmant in Atlanta GA.Now my landlord is asking me $3,000.00 for damages and rent etc.i am in Canada and do not plan to return to the US. Can they come and get that money from me?

  • Re: can a US company collect in Canada?

    It makes it more difficult to collect on a judgment, but if they are properly motivated, they can reach you in Canada.If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.Glenn M. Lyon, EsqMacGregor Lyon, LLCPromenade II1230 Peachtree Street NESuite 1900Atlanta Georgia 30309Phone 404.942.3545Fax 404.795.0993glyon@macgregorlyon.comwww.macgregorlyon.com Confidentiality NoticeThis message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

    Glenn M. Lyon, Esq.
    MacGREGOR LYON, LLC
    7 Lenox Pointe, NE, Building Seven
    Atlanta, GA 30324

• Incomplete lease agreement

  Hello,I'm renting an apartment and signed a one year lease. I want to break the lease and gave a 30 day notice. My landlord told me I will have to pay for the remaining 4 months. The lease will en in 05/2005. I looked at the lease agreement and realized that I only have 2 pages of the lease agreement. I keep all legal documents even if they are obsolete so I'm sure they (as well as I) forgot to give (to request) me a complete lease agreement. I want to move out because I just purchased a home and cannot pay a rent and a mortgage. What can I do?Thank you

  • Re: Incomplete lease agreement

    A lease is a contract for a specific period of time for a specific amount of rent. Would you have wanted to move out if the owner had sold the house, even though you were entitled to stay there until May.Your landlord is correct, unless he or you find someone to complete your term.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588

• human rights in canada

  Just wondering that what rights others then jews have in canada , i myself a muslim have been denied justice time & time again . just because i could not stand the jews killings of our muslim brothers . if there are any charter of rights (which late trudu ) brought it in ? or its a banana state of canada like other south amrikn countries ? now i got so much fed up that quit looking for job because govt of canada have been harassing me from day one . it looks like that canada is just for jews &other criminals not for law abiding citizens like myself . why canada warship of jews so much ? because of corporate connections or some thing more deep then that ? canada.s all secret services have one job to do that how to protect jews crimes !!!!

  • Re: human rights in canada

    I am sorry t you are feeling this way, At times the basket may be so full of bad apples, even on the bottom that it's time to throw away the whole basket. In your case as a Muslim, I will not try to condemn you nor approve,,,,but carrying a Sacred knife in school is unjustifiable...would you say???? We in Canada never demanded that you seek Asylum in Canada, if you feel more comfortable in YOUR HOME, would it not be a better idea that to drain our social system out....

    Paul Turcott
    Law Advocate
    600 Pierre Caisse 40005
    Saint Jean Sur Richelieu, NUS N4S 5X8

• I iniciated my divorce in Canada, my husband in NM has been served...

  I am a canadian resident. Married my husband in New Mexico. We had a pre marital agreement,I had to leave over two years ago because of his abuse. Returned to Canada. I filed for divorce in Canada, he was served in New Mexico through a bailiff and through his attorney, I didn't make any property or any other claims, I just wanted out! That was a month ago, yesterday I was served here in Canada by a bailiff, my husband has filed for divorce in New Mexico and he is falsely property conversion. Should'ne he have counter claimed here in Canada? Do I now have to go defend myself in New Mexico?Thank you so much

  • Re: I iniciated my divorce in Canada, my husband in NM has been served...

    I would love to do the legal research on this question! While your present condition sounds like a devastating position to be in the question and issue are at least as complicated. By common sense rights, your assessment is reasonably correct but legally wrong. If someone sues you don't just ignore it. If you do not file an answer and he takes a default against you then you'll spend forever and a day (and a bunch of money) fighting everything to get it all fixed correctly. There is nothing wrong with filing an answer. In fact, it may be the only correct way to deal with this but, - ask your lawyer about the details of this part - do one of two things (maybe more - I'm just giving a quick answer here): (1) file an answer and counter claim the prior action in Canadan (including "certified true original copies" of your Canadian pleadings and the return of service; or (2) file a limited appearance with a answer (like #1 above) but put the magic language in showing that you only contest jurisdiction by the NM court. Be prepared that a NM court may tell you that they agree that the Canadian court may divorce you but only the NM court can divide the property. What the husband's lawyer may be thinking here by suing for divorce in NM is that Canada has no jurisdiction over the husband. As you pointed out, you came down here, you married here and if you have property that needs to be divided it's all in N.M.. It's possible the husband's never been to Canada except with you and if that's true they may have a point. Also, the Canadian court itself may tell you that it cannot divide any property. So, those are some issues to speak with your attorney about.Now, what I have said above is - on one level, a lot of legal lingo - on another level, you really need a lawyer to do the fine drafting part of what I said above. These are pretty sophisticated issues and what any lawyer tells you in a couple of sentences can take some thoughtful interviewing with you and some thoughtful drafting of legal pleadings. So, don't think this a one, two and it's done type of thing. Crossing boundaries in the U.S. is complicated - crossing international boundaries (with lawyers and legal issues in tow) is REAL complicated.If you don't know of any lawyers in NM to speak with (I believe you may need one already) you can go to http://www.nmbar.org (I believe that's the N.M. Bar Association's web site) and they have a lawyer referral service; or you could contact the chairwoman of the Family Law Section and ask her if she can make some recommendations to you or you could ask some of the friends you had down here about someone who might be able to help you. I hope this answer has been helpful. Good luck.

    John Watson
    John Watson, Attorney at Law
    PO Box 1024
    Dona Ana, NM 88032-1024

• Want to marry my girlfriend who is illegal in canada

  hi.I have a girlfriend who leaves in canada..we have have been dating for a year and three months. we are getting married soon.i want to file for her after we get married.i just became a citizen.my question is, she have been leaving in canada for 8 years as an illegal elien.can i file for her after we get married and can she stay in canada when am filing for her or do she have to go back to st lucia where she is from.i would like her to stay in canada for the process.we are planing to get married in canada.can u please advise me on what should i do..i want to get her in new york really soon.thanks

  • Re: Want to marry my girlfriend who is illegal in canada

    I would suggest that you employ an attorney to assist you in getting a fiancee visa where she is entering the U.S. from her home country.

    Locksley Wade
    Law Office of Locksley O. Wade, LLC
    110 Wall Street, 11th Floor
    New York, NY 10005

• Legality of a lease purchse agreement

  The owner of the house we are leasing had my wife sign my name to the lease and the lease purchase agreement without my consent. I would not have signed the lease purchase agreement because I do not agree with the terms. My wife's name is on the lease but not on the lease purchase agreement. Can the owner hold me to the lease purchase agreement contract??Thanks for your help.

  • Re: Legality of a lease purchse agreement

    If you did not sign or empower someone else to do so on your behalf, then you will not be held to the terms pursuant to that contract.If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

    Glenn M. Lyon, Esq.
    MacGREGOR LYON, LLC
    7 Lenox Pointe, NE, Building Seven
    Atlanta, GA 30324

• how can I get out of a lease agreement

  My husband has his own business and it's been very hard for him to even maintain the monthly payment. He has recently filed bankruptcy and wants to get out of the lease (2 years left in the lease) but the lease agreement is assigned by both of us. Can we still be out of the lease agreement without hurting my credit? I have my own job and I have no involvement with the business. Only reason why I signed the lease agreement is because it was required for both husband and wife to sign the lease at the time. There are few businesses that have already abandoned the property because they can't afford the rent anymore. Is there a way to get out of the lease without hurting my credit?

  • Re: how can I get out of a lease agreement

    I agree with Mr.Bennett- try to negotiate with the landlord.

    Lew Wiener
    Law Office of Lewis R Wiener
    5710 Paradise Dr- Suite 6
    Corte Madera, CA 94925

  • Re: how can I get out of a lease agreement

    It sounds like your best bet is to talk directly with the landlord and explain your situation.

    Ryan P. McClure
    The Law Offices of Ryan P. McClure
    8300 Utica Ave., Suite 157
    Rancho Cucamonga, CA 91730

  • Re: how can I get out of a lease agreement

    You really need to resubmit this under the Bankruptcy section, an area of law in which I don't claim to have expertise.However, the answer isn't good as far as landlord tenant law is concerned.A lease is a contract, in which basically you and your husband are bound to the landlord by mutual promises, and the landlord can come after either one of you.Unless a bankruptcy specialist can help you, the answer is that you are liable, and might be better off working (i.e. negotiating) with landlord.Good luck!

    Robert L. Bennett
    Law offices of Robert L. Bennett
    2117 N. Baker St.
    Bakersfield, CA 93305

• Landlord/Tenant Lease Agreement

  Is there a certain age a person has to attain to sign a lease agreement without a co-signer?If a lease agreement is signed by someone under the age in thequestion above, is the lease agreement still considered valid and legal?

  • Re: Landlord/Tenant Lease Agreement

    If the lease is for residential property for the personal use of the lessee; then no, there is no minimum age. Although many contracts are not enforceable against minors, contracts which are for what is known as "necessaries of life", e.g. food, clothing, shelter, etc. are enforceable against minors.

    Duke Drouillard
    Drouillard Law, LLC
    206 S. 19th Street, #336
    Omaha, NE 68102