No. Leases and rental agreements may be written or oral. However, to be binding, a lease for more than one year generally must be in writing.
General Civil Litigation
Our office is able to aid and offer services in an array of civil litigation matters. Our attorneys are committed to you and your goals and will work hard to resolve the matter whether it requires mediation or trial. Our attorneys have the skills and experience necessary to assess the situation and negotiate a fair and reasonable settlement. Not only are they excellent negotiators, but when a settlement cannot be attained they are prepared to take the matter to a judge or jury.
If you need representation for a general civil litigation matter, such as property, bankruptcy or business litigation, we are here to help. Contact one of our attorneys today to learn more.
Debt is often one of the most stressful difficulties people deal with. Our attorneys are here to assist you in bankruptcy matters from both debtor and creditor perspectives. As a debtor, we can help you get rid of debt and have the chance to reestablish your financial independence. As a creditor, we will work with you to secure and protect any money you may have coming back to you. No matter what your bankruptcy needs may be, we will help you get the relief you need.
Real Property Litigation
Most of the rights and obligations of a tenant and landlord are directed by the lease agreement they entered into upon the commencement of the lease. There are certain rights and obligations that may not be in the lease agreement, but are still available to the tenant or landlord.
Kentucky is a “no-fault” state, which means that a party does not have to show the other party is at fault, such as adultery, to obtain a divorce. The court is required to make a finding that the marriage is irretrievably broken before the court can enter a decree.
Every case is different and each case takes a different amount of time and work. Some Kentucky counties have specific filing requirements and disclosures that must be filed. In addition, if children are involved, your county may require you to attend a parent education class during the divorce. The timeliness of your divorce will also be affected by the time it takes for both parties to reach agreement on things such as property, custody, child support, etc.
When parents have joint custody of a child, they are both required to share major decisions for that child. Day to day decisions for the child will be made by the parent who has possession of the child at that time. Decisions such as education, surgery and other life changing decisions must be shared by both parents.
If you are unable to agree on a custody arrangement, then the court will have to order a custody arrangement based upon the best interest of the child, which it will determine after you and your spouse put forward all your evidence.
Bankruptcy is a legal process that helps individuals who cannot pay his or her bills to get a fresh financial start. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.
Bankruptcy can do a number of things for you by eliminating the legal requirement to pay most or all of your debt. This may prevent foreclosure on your house or mobile home and allow you to catch up on missed payments. It may also prevent repossession of a car or other property, stop wage garnishment and other debt collection harassment. It may also prevent termination of utility service.
There are four types of bankruptcy cases under the law. The two most common types of bankruptcy filed are Chapter 7 and Chapter 13. Chapter 7 is known as "straight" bankruptcy or "liquidation." It requires a debtor to give up property which exceeds certain limits called "exemptions," so the property can be sold to pay creditors. Chapter 13 is called "debt adjustment." It requires a debtor to file a plan to pay debts (or parts of debts) from current income.
The majority of civil cases settle. In many instances, it may be in your best interest to resolve your disagreement outside of court. Our knowledgeable civil litigation attorneys can advise you when settlement is appropriate, what type of settlement is reasonable and when litigation is your best option.
All civil litigations actions are subject to statutes of limitations, which may bar a case from being brought to trial. If you think you may have a claim, contact our office to find out the statutes of limitations for your situation.
Mediation is an informal process in which a mediator helps to negotiate a jointly acceptable resolution between disputing parties. Unlike arbitration or litigation, mediation does not impose a solution. If the parties cannot negotiate an acceptable settlement, they may still litigate their dispute.
"I approach my clients’ problems from a business perspective. While the outcome is paramount, it is also important to keep in mind how much the client is spending to get the desired outcome and work within those constraints." — Robert DeWees
Robert W. DeWees III is a member of the McClain DeWees, PLLC and practices in real property litigation, business litigation, collections, bankruptcy, and civil litigation.