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Can You Sue for Wrongful Eviction?

Can You Sue for Wrongful Eviction?
Berkeley residents can be evicted from their rented properties for many reasons. While some of the reasons are valid, others may not be compliant with state rental laws. If you think you have been forced to leave your rented apartment, home, or commercial space in an illegal way, you may want to consider seeking assistance from a wrongful eviction lawyer in Berkeley. When can you sue for wrongful eviction? Self-Help Eviction Self-help eviction occurs when a landlord attempts to bypass the proper eviction procedures by taking the law into his or her own hands. There are a number of illegal tactics that are commonly used by bad landlords to force tenants to leave, including changing the locks and shutting off utilities. If your landlord has used one of these methods to make you leave, you have a case for wrongful eviction. Retaliatory Reason In California, it is against the law for a landlord to evict a tenant based on a retaliatory reason. For example, your landlord may want you to leave because you complained to a health inspector about unhealthy or unsafe conditions in your apartment unit. If he or she tries to evict you in retaliation for something that you are legally allowed to do, you can sue him or her for illegal eviction. Improper Eviction Procedures Landlords in California are required by law to meet very detailed requirements when they wish to terminate a tenancy. These requirements include terminating tenancy before eviction, ensuring that termination notices are properly written and delivered, and using appropriate notices for different situations. A wrongful eviction lawyer in Berkeley who knows the ins and outs of local landlord-tenant laws can help you build a stronger case by spotting errors in your landlord’s handling of the eviction process. Winning a wrongful eviction lawsuit can be a very challenging task, especially if your landlord has legal representation. As such, it is important that you look for a truly competent wrongful eviction lawyer in Berkeley. Elke and Merchant LLP is an accomplished law firm that specializes in landlord-tenant laws. Over the years, it has helped clients in the San Francisco Bay Area secure millions of dollars in compensation. Be the first to like. Like...
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When Doing the Right Thing Results in You Being Harmed: Retaliatory Discharge

When Doing the Right Thing Results in You Being Harmed: Retaliatory Discharge
Have you been fired for doing the right thing? If so, you need to talk to a retaliatory discharge attorney. In Bartlett, Michael Smith, a lawyer dedicated to remedying employment injustice, can help you determine what steps you need to take to preserve your rights as a whistle blower, as well as what actions you can take against your employer or former employer to remedy that discrimination. In order to understand the concept of retaliatory discharge, is it important that you first understand the concept of the whistle blower. A whistle blower is a person who exposes activity by a company or its employees that is illegal or unethical. Statutes exist to protect whistle blowers from retaliation, though most potential whistle blowers rightly fear that they will face negative consequences if they come forward with their allegations. In an ideal world, a whistle blower would consult with an attorney prior to taking a protected activity to report the wrongdoing. This would: ensure that the whistle blower reported the illegal or unethical behavior in a way that is protected under whistle blower laws; document the whistle blowing activity; and even put the employer on notice that the whistle blower is aware of his or her rights. However, in many circumstances, whistle blowers only seek legal advice after their protected activity has resulted in an adverse action against them. If you believe that you have: 1) engaged in a protected activity; 2) been subjected to an adverse action by your employer; and 3) that the adverse action is related to the protected activity, then you need to investigate your legal options. Michael Smith is a Bartlett area retaliatory discharge expert, and he is happy to help you determine whether you have been the victim of retaliatory discrimination and, if so, the steps you need to take to preserve your rights. Be the first to like. Like...
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The Issue of Misusing Antipsychotics in Seniors: Is this Nursing Home Abuse?

The Issue of Misusing Antipsychotics in Seniors: Is this Nursing Home Abuse?
There are a number of medical facilities and nursing homes that regularly prescribe and overuse antipsychotic drugs for the elderly. This is still an issue even though federal laws have put stringent restrictions on the use of these items. If you are worried that your loved one may be receiving these drugs, even if they should not, you may need to hire a Hiawatha nursing home neglect attorney to help you stop the abuse and receive compensation. How are Antipsychotic Drugs Used? In most cases, antipsychotic drugs are used for the treatment of bipolar disorder or schizophrenia and are considered to be dangerous for individuals who suffer from dementia. However, there are more than 300,000 patients currently in nursing homes who still receive these drugs even with the new laws in place. If your loved one is one of these individuals, then they may be a victim of Hiawatha nursing home neglect. What are the Dangers of Antipsychotic Drugs? An average nursing home patient takes an average of 10 different medications. This can present an issue for some because antipsychotics can adversely react with these other medications being taken. The drugs include ingredients that act as a type of sedative for the patients, which can leave them listless, unresponsive, confused or even render them susceptible to a fall or other type of injury. Also, overuse of antipsychotics can also lead to respiratory infections, strokes and other serious issues. If you believe that your elderly loved one may be receiving these drugs, but not really need them, then you may have a case for Hiawatha nursing home neglect. Hiring an attorney to investigate the issue is the best way to determine if this is the case. Learn more about nursing home neglect by visiting the Tom Riley Law Firm website. Be the first to like. Like...
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What is a Social Security Disability Lawyer?

What is a Social Security Disability Lawyer?
Social Security comprises some of the most significant social service programs in the United States. For almost a hundred years, the Social Security Administration has operated a number of different plans that help improve the quality of life of all Americans. One of the elements of Social Security that is actually unrelated to income is the Social Security Disability Insurance program. Social Security Disability Insurance is a program that is designed specifically for people who have disabilities that impede their ability to work. It should not be confused with the standard Social Security Income that is linked with earnings; Social Security Disability is a separate program for people with disabilities. For residents of Woodridge, a Social Security Disability Lawyer can provide legal counsel both when a disability claim is not being recognized or when a third party or the employer suspects that an individual might be committing fraud. A Woodridge Social Security Disability Lawyer specializes in this area of law in order to help preserve the integrity and original intent of the Social Security Disability Insurance program. The program is designed to help people who find themselves either temporarily or permanently disabled, and for whom gainful employment is not possible due to that disability. Social Security Disability eligibility is separately assessed from other disability programs, which is why a Woodridge Social Security Disability Lawyer can help clients to understand whether they quality and how to understand the differences between Social Security Disability Insurance and other state and federal disability insurance programs. From the employer’s perspective, it may also be important to draw attention to a person who might be committing Social Security Disability fraud. A Woodbridge Social Security Disability lawyer helps to maintain the integrity of the Social Security program in general by working with concerned citizens and the government to help minimize fraud. Be the first to like. Like...
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How Deerfield Estate Tax Attorney Can Help You

How Deerfield Estate Tax Attorney Can Help You
When an individual passes away and leaves his or her assets to loved ones through the means of an intestacy or will, it the function of a probate court to superintend the meting out of those assets. The validity of any will attached to the decedent must be evaluated by the probate court. If the decedent has no will, the court may direct payments of obligations, including taxes and debts, or it may decide how the property is to be distributed. A Deerfield estate tax attorney can provide you with legal guidance in these types of probate matters. Some probate court proceedings can be finished in short order. However, others involve tasks that can consume a lot of time, including the taking of inventories and property appraisals. If you a small estate is involved, there are several shortcuts in the probate process available in the state of Illinois. Contacting a reliable and experience Deerfield estate tax attorney can help you maneuver through the process. Affidavit Information When the assets of the decedent are valued at below $100,000 (and do not include real estate), beneficiaries are permitted to bypass probate proceedings. In these cases, an executor of the will appointed by the court will prepare and affidavit that will include certain information, including an itemized list of the assets of the decedent. In addition the affidavit will itemize all of the decedent’s outstanding debts. If through the instrument of a will the beneficiary has inherited the decedent’s assets, then a copy of the will must be joined to the affidavit. The affidavit must then be signed under oath. Once this is done, it can be delivered by the executor to the entity or person that has temporary possession of the property. When received, the entity, usually a bank, will discharge the assets to the individual who has completed and signed the affidavit. The heirs or beneficiaries are not permitted to receive any portion of the assets until the administrator or executor has paid the known debts of the decedent. With a reliable Deerfield estate tax attorney in your corner, you can move through this process efficiently and without unnecessary disruption. Distribution Distribution may also be accomplished without an affidavit for beneficiaries of small estates. In these situations, the executor files a written request with the court. Upon authorization the executor is given the power to distribute assets with the probate court’s administration. Be the first to like. Like...
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