Recessions Are No Time For Environmentalists to Abuse Laws to Fight Real Estate Growth

April 30th, 2009

So-called environmentalists are constantly using environmental laws to stop real estate projects. Many of the lawsuits are filed on behalf of endangered species, you know like the spotted owl. And since this spotted owl cannot file its own lawsuit some caring citizen plans on doing it for them?

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Should Real Estate Sales People Be Held Accountable in the Next Bubble?

April 29th, 2009

It seems as if the real estate sales people ended up getting a free ride and got off scott-free after this latest real estate bubble collapse. Many had recommended that their clients buy at the top of the market, and even steered them towards non-conventional loan brokers so their clients could afford larger properties, often they could not afford, so that the property seller professionals picked up a larger commission.

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How is a Rent and Profits (Real Estate) Receivership Case Operated?

April 28th, 2009

Several specific duties are outlined and required of a rents and profits receiver, and these are typically included in the operating clauses of the form order issued by the granting court.  Of course, there are some challenges that can be expected while carrying out these duties as well.

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What Happens at the Court Hearing? Information About Rhode Island Landlord-Tenant Law & Evictions

April 27th, 2009






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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.

On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.

Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.

The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.

If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.

If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.

Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.

Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail.

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What Happens at the Court Hearing? Information About Rhode Island Landlord-Tenant Law & Evictions

April 26th, 2009






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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.

On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.

Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.

The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.

If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.

If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.

Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.

Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail.

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What Happens at the Court Hearing? Information About Rhode Island Landlord-Tenant Law & Evictions

April 25th, 2009






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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.

On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.

Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.

The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.

If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.

If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.

Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.

Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail.

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What Happens at the Court Hearing? Information About Rhode Island Landlord-Tenant Law & Evictions

April 24th, 2009






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if(document.getElementById(’ad-4′)) {
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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.

On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.

Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.

The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.

If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.

If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.

Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.

Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail.

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What to Do When Your Neighbor Invades Your Property

April 23rd, 2009

While having a tall fence may ensure that you end up having good relationship with your neighbors, it is not always true. You may end up having a neighbor who does not think too much about the fence or the boundary you have build. So, what to do when your neighbor invades your property?

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What Happens at the Court Hearing? Information About Rhode Island Landlord-Tenant Law & Evictions

April 22nd, 2009

The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.

On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.

Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.

The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.

If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.

If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.

Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.

Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail.

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What Happens at the Court Hearing? Information About Rhode Island Landlord-Tenant Law & Evictions

April 21st, 2009

The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.

On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.

Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.

The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.

If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.

If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.

Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.

Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail.

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