If you are a student at University of Delaware or are the parent of a student living off campus during their time away at college, it is important that all responsible parties pay close attention to the details within any rental/lease agreements. This may be the first time most students ever put their signature on a binding agreement. When landlords and tenants have disagreements, it is generally the tenants who find the learning curve to be a most unforgiving. There are a few realities when it comes to student apartments and off campus housing rentals. First, is that many students tend not to treat their apartments and houses with the utmost care. There are spills, ashes, stains and smells that come standard with a good deal of student extracurricular activity. Another reality is that landlords are not unaware of this reality and rental rates and security deposits are priced accordingly.
Like many landlord/tenant disputes, those related to student housing stem from a lack of adequate maintenance being provided by a landlord, abuse of the property on the part of the tenant and, of course, unpaid rent. One way or another, problems generally arise when one or both parties fall short of delivering on obligations laid out in the lease agreement. It is at this point when it is critical to know where you stand. Is the landlord abiding by Federal Law such as the Fair Housing Act and/or Delaware Code Title 25 §§ Ch. 53 – Ch. 59? Has the tenant invited more students to live in the unit, potentially violating local zoning laws related to occupancy restrictions? Determining who is in violation of a lease agreement (and how) is not always simple. The best advice to renters and landlords is to begin with respectful communication regarding any grievances. Document everything in writing and take pictures/video where applicable. If you cannot achieve satisfaction through direct communication, it may be best to seek the advice and services of seasoned real estate attorneys like us.
Renting a house or apartment shouldn’t have to be a hassle for students, and as long as all parties live up to their obligations and the spirit of the items detailed in the lease agreement, it can be a pretty healthy relationship for all involved.
Read MoreHomeowners have much to be thankful for when making their home in the First State. Great schools. Strong communities. Zero sales tax. Easy access to the beaches and the Bay. The list goes on forever. However, not everyone across the US has it as good as we do these days. Delaware’s housing market has shown steady growth over the last several years and remains strong despite a shortage of available homes seen throughout much of the country over the past several months. Nationwide, it is worth noting that owning a home is not necessarily less expensive than renting when you factor in insurance and taxes. A recent study pointed out that Delaware is one of the 35 states in which it is less expensive to own a home as opposed to renting one. Even as availability issues continue to be a reality in the market, it is good to know that building equity in a home is still not only a wise investment, but also easier on the wallet in an apples-to-apples comparison.
In other news, The Sussex County Association of Realtors recently released a report highlighting the steady growth in the real estate market downstate. Among the trends shown in the report are a 19 percent growth in first quarter commercial sales over the same quarter last year (with a 40 percent spike in average sale price over last year’s numbers). Those interested in the housing market will be intrigued to know that home sales continue to grow, marking a 42 percent increase over last quarter. Overall, the First State continues on a pace of steady, healthy growth in the real estate sector at the midway point of 2017!
Read MoreAllow us to begin by recognizing and remembering the generations of servicemen and women who have fought for our freedoms and given their lives in their efforts to protect our way of life. For those brave souls and their families, it is a debt that cannot ever be repaid, but we honor their service as well as their sacrifice.
In addition to Memorial Day serving as a day to remember the bravest of our nation, it does also stand as the unofficial start of summer. We wish all of you taking time with friends and family at the Bay or the beaches or even just flipping a few burgers in the backyard a safe weekend as we set out into summer.
Please take note that Delaware Courts will be closed on Monday, May 29th as will our offices at Giordano, DelCollo, Werb & Gagne. We will open at our regular hours on Tuesday, May 30th.
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Finding the home you want in the First State is becoming more and more difficult especially in “hot” areas such as Pike Creek and North Wilmington. Even though interest rates are on the rise, they are still very reasonable for those seeking a mortgage. Fear of inflation and therefore a higher dollar figure for homes is also affecting the market. This is bringing out first time home buyers as well as those exploring their first opportunity to “move up.” What has resulted is a home shortage in the market in much of the US. Our area is feeling it too. If you are looking for a home in Newark, Pike Creek or North Wilmington in the $300K – $600K range, do not hesitate to put in an offer once you have found your dream house. Some homes are only spending one day on the market before they are snatched up. Others are seeing bidding wars from buyers and end up selling above the asking price.
What’s not moving off the market as quickly? Distressed homes that need a lot of rehab are still slow to move in some areas especially downstate. Other homes that stay on the market longer tend to have certain similarities such as outdated kitchens and bathrooms. So, if you are selling, be competitive. Make sure your home presents as best as it can when showing, but you may want to make sure you have your new home under contract before you go to sell your existing property. For some home sellers, the biggest hurdle is finding a place to land!
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There are very few certainties when starting your own business. How long is it going to take until you turn a profit? What’s the best way to advertise your services? How can you find, train and keep a reliable staff? Certain truths we can only come to through trial and error. However, there are certain errors that can flatline a business for good. We have all seen the metrics regarding how many small businesses fail within the first year or two. There are some mistakes from which businesses simply cannot rebound. Mistakes that have nothing to do with the quality of the product or service offered.
From contracts and leases to buy/sell agreements, it is important that business owners, especially new business owners, rely on the legal expertise of attorneys who prepare and review documents such as these for a living.A seasoned commercial attorney will be able to recognize omissions in a legal document that should be included or predatory language that should be amended or removed through negotiation. It is better to seek fairness through negotiations and revisions rather than sue for fairness down the road after an arrangement has failed completely.
Whether you are just starting out in business, or you already run a company in Delaware or PA, make sure you have a law firm at your disposal who has your back. At GDWG, you will find a detail-oriented, client first group of legal professionals who will dedicate their efforts towards protecting what you work so hard for. If you need legal advice, contract and agreement preparation or legal representation in a business matter, call our offices today to make an appointment with one of our expert attorneys.
Read MoreWhen a relative or loved one passes away, it can make for a pretty tough time. Making it through the funeral and all of the plans and accommodations that come with it can be difficult as we reconcile emotions and deal with those others that share our grief. When an individual dies, if he or she has established a will, an executor or administrator will have been named to see to it that a number of things get taken care of on behalf of the deceased. These items include but may not be limited to:
- Preparing all required documents for filing with the probate office
- Paying outstanding debts and taxes
- Distributing the remaining assets
- Filing tax reports and legal documents
We know this because we work hand in hand with families all of the time as they move through this process. However, we also work with families and individuals who feel that the probate process is not being handled and a fair or just manner. Some may feel that the administrator may not be acting to the letter of the will in which case, it is often helpful to hire a probate lawyer to review the situation and step in if something unlawful has occurred. In other cases, wills may be challenged if a will is found to be invalid, obsolete and even forged. Suffice it to say, we have seen a lot over the years. If your loved one’s estate is not being administered properly, call our offices to find out how you can see fairness done today!
Read MoreFor decades there has been a stigma associated with those couples who sign a prenuptial agreement. Chief among the suppositions from friends and family is that one or both parties thinks there is a high chance that the marriage will not last. Of course, this is a silly thought to have. No one gets married with the intent to one day divorce just as no one buys insurance on a vehicle with the intent to one day smash it into a tree.
Getting married and all of the planning that leads up to a wedding is generally a time in our lives when emotion runs high. Happiness, anxiety, love and a host of other emotions swim in and out of our heads as we plan for the big day. Though entering into a prenuptial agreement may seem like an act rooted in logic, many contend that it is actually the ultimate symbol of love. When two people can recognize that, yes, some marriages do fall apart, they have the opportunity to plan for unfortunate outcomes while heads are still clear and the best of intentions still remain. This enables the two parties to find fairness now so that there may be an increased chance of order and civility down the road.
Millennials have recognized this more than those of previous generations. In fact, over 60% of family attorneys in a recent poll reported an uptick in young couples entering into prenups over the last three years. Some attribute this to a rise in start ups. Others feel it is a result of couples being more honest about finances than ever before. What we are certainly seeing now is a generation made of up children who grew up watching parents or the parents of friends getting divorced in record numbers. Naturally, some divorces are less pleasant than others. It is likely that this generation looks at the prenup as no big deal.
Whatever the age of you and your soon-to-be spouse, if you are considering a prenuptial agreement, call today to schedule an appointment with one of our family law attorneys today.
Read MoreIt’s been a fantastic year here at the firm. This year saw more growth here at GDWG as we expanded both our services and our staff! We would like to wish all of our clients as well as our wonderful friends in the real estate and legal community a very Merry Christmas, Happy Hanukkah and Happy New Year. We hope that your holidays are filled with joy and cheer and we look forward to seeing all of you in 2017!
Read MoreIf you are behind on your bills, you undoubtedly know by now what it is like to deal with the endless calls from creditors morning, noon and night. There comes a point for everyone in this position where one must be honest about the next steps. What is reasonable for someone in your position? Is your short term or long term earning potential going to enable you to pay off what you owe your creditors? And, if so, will you be able to do so before you lose your home or vehicle?
For people in Delaware who are experiencing this sort of unending creditor harassment, there are options to stop the calls from creditors. Filing for Chapter 7 or Chapter 13 bankruptcy in the State of Delaware will end those calls from creditors, but in different manners. In both cases, creditors are notified that the borrower has filed a claim for bankruptcy at which point, any contact with the borrower in an attempt to collect on the debt is forbidden. In the case of a Chapter 13 filing, the borrower is put on a schedule which allows them to pay off the debt on more reasonable terms. For those filing for Chapter 7 bankruptcy, generally the debt will be discharged.
If you have any questions about filing for bankruptcy in Delaware, it is recommended that you speak to a lawyer who will help you understand your options. Call the attorneys at GDWG today for a consultation so that we can help you on the road to financial freedom today.
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