Family Law – The legal rights of de facto couples versus married couples

Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who:

1. live together; and
2. are not married; and
3. are not siblings, parent or child of the other party.

The Family Law Act defines De Facto relation as one where the couple is not married and are not related to each other and they are in a relationship and living together. A general requirement for De Facto couples is that they have been living together for a period of at least 2 years or they have a child together.

Other criterias to determine a De Facto relationship include:

1. how long the relationship has lasted;
2. whether the parties live together under one roof;
3. what the arrangements are between them in respect of their assets and finances;
4. whether they have come to own assets together since the commencement of their relationship, etc

Previously De Facto couples were not governed by the federal laws except when there were matters in respect of children. All other matters were governed by state and territory laws.

However, recent changes on 1 March 2009 allows De Facto couples to make applications to the Family Courts for orders in respect of division of property and maintenance for couples in a De Facto relationship. De Factor partners have a responsibility to provide financial assistance to their former De Facto partner if they are unable to maintain themselves and meet their own reasonable expenses from their income. The amount of support depends on the needs of the applicant partner and what the respondent partner can afford to pay.

The amount of non-financial contribution by either party will also be taken into account when considering the division of property.

An application for maintenance will have to be made within 2 years of the breakdown of the De Facto relationship.

Parties can choose not to be governed by the new laws by entering into an agreement which outline the distribution of property division and outline maintenance provisions if a relationship ends. These types of Agreements are called Binding Financial Agreements and can be entered into when both parties have obtained independent legal advice.

At LAC Lawyers we are available to assist you in the event of a breakup of your relationship with your partner and provide you with sound legal advice in respect of your rights and entitlement.

Employment Attorney Your Best Asset to Legal Representation and Success

Those who have the willpower and expertise in going after their goals could actually achieve success in New York City. Beyond doubt, there is a whole lot of competition taking place in this city. However, this doesn’t quit individuals from giving the very best of their skills. However, the Big Apple is also a place where legal battles are fought daily. Legal complaints are normally concerning employment issues, and to acquire a reputable employment lawyer is extremely critical./p>

Nearly all companies are backed up by a team of lawyers who are eager to battle workers with employment-related issues at court. Like the companies, the law also stipulates that it is employees? right to defend themselves throughout court proceedings. Employers could possibly violate your rights. If this happens, then make sure to get expert advice from a New York employment lawyers. Appropriate legal actions should be exerted in no time when a work-related issue takes place as there is a tendency you will not win the case if you delay your moves.

People commit mistakes in thinking they only need employment attorneys at times when a lawsuit should be filed. Take into account that lawsuits are not just expensive; they are time consuming and emotionally draining as well. That is the key reason why if it is still possible to solve the dispute before it becomes a full-blown legal battle, it is better to enter in an out of court negotiation with your employer first. To ensure that you could benefit from the settlement, a employment lawyer NYC will be there for you all through the entire ordeal.

If the lawsuit is already on its way, then obtain an employment lawyer to help you with your case. Employment laws are complex, and lawmakers usually do changes on them. There are many legal loopholes and traps that is the key reason why the odds might instantly go against your favor if you made one false step. Due to this, you will require the help of employment and civil litigation lawyers. When searching for a good employment attorney NYC, it is advisable to work with those who are experienced and trustworthy in giving edge to a client?s case.

New York employment lawyers are preferred by small businesses and non-profit organizations as well because they have extensive knowledge on matters including employment laws. With the assistance of these experts, business owners can follow properly in all New York?s policies for employment. It doesn’t matter how big or small the firm is, what is significant is to meet the security standards and all other obligations of the employer. To make sure there are no employment laws violated, employment lawyers are capable of drafting the policies of the firm.

Like everyone, you may be confused about where you must begin. The great news is, you can always call New York employment attorneys for consultation. You just need to tell them your condition and they will assist you in evaluating the issue. Lastly, the employment lawyeris competent enough in laying down great strategies to help solve your legal matters efficiently and successfully.

You’re definitely not by yourself whenever in case you need help with New York Employment Attorneys. The good news is that there’s actually a significant number of support that you can run into. You can always depend on the web as your source of info. An example is http://www.youngandma.com. Many were assisted by the recommendations that the web page has offered them.

Surety law group supports during hard time

During these hard times with recession, lay offs and retrenchment burdened with a mortgage loan and a family to support, life is not a rosy picture to paint and it is tough going and thorns all the way. It all began when I thought I had lost everything when I lost my job, my sole means to support my family. Then I also began to lose my home. It was a painful and excruciating experience to go through these times. I attempted in vain to get help from my lender and work on modifying my loan, trusting that my lender had my best interest in mind. Unfortunately, it was a bitter experience. I had been working closely with them and providing all documents requested and was made to run pillar to post. Surprisingly, the person to whom I was assigned had comfortably forgotten me and it has been a frustrating whole year. To make matters worse my lender had even stopped accepting my payments and was trying to drag me into foreclosure court.

I had approached many Companies and Third Parties as I listened to the advertisements and it was just as bad. Thoroughly demoralized, I honestly was reluctant to place faith in these companies as it was a shattering experience. The good and bad story failed to infuse the confidence in me to approach them and was fighting a lone battle desperately.

It was at this juncture of life when everything was in doldrums and I had given up hope that I got a letter from Surety saying that they could possibly help. Not only did the step in and help me fight the foreclosure, they actually got a loan modification for me. Surety Law Group has been a pleasure to work with. To cut a long story short, I decided to take a chance with you guys, after receiving a few mailers and advertisements from different companies and law firms, I talked to a few places but felt best with the service provided by your representatives and gambled. I was walked through the entire process thoroughly and knew there was work to be done but felt good that I was not left to do it alone. A few months later after working with your firm I am now able to stay in my home and take care of my family. Thank you Surety Law Group for turning around a -hopeless situation- to a happy ending they lived happily ever after-.

I just want to say big thanks and express my sincere gratitude to Surety Law Group and the world of difference they made. It was a timely help which not only helped me save my family but also the near and dear ones and people closely associated with me. They have been guardian angels who came to my rescue at the hour of need just like Man Friday who helped the ship wrecked Robinson Crusoe marooned in an island In the ultimate analysis I found that Surety Law Group where thoroughly professional in their approach. They were systematic, methodical and helped in resolving the crisis by offering the right solution. More importantly, their empathy and support in the whole process makes them clearly a preferred solution provider.

The Stewarts

To get online support from Surety law group feel free to visit their official website: http://www.suretylawgroup.com/

Are Royal Assent, Pardons And Prorogation Fact Or Legal Fiction

Elizabeth II is the Head of State of the United Kingdom and fifteen other member states of the Commonwealth of Nations. These countries are constitutional monarchies, meaning that they operate under an essentially democratic constitution, the Queens principal role being to represent the state. Very often, she is viewed as a symbolic and apolitical personage with no real power. But is this entirely true? Does the Queen really possess purely nominal authority, or can she in fact exercise her will in any public action? This is not an easy question to answer. I will attempt to do so by focusing mainly on one of her most important theoretical prerogatives: the right to grant or deny royal assent to laws passed by Parliament.

A difficulty in judging the extent of the authority presently held by the monarchy lies in the fact that the British constitution has not been codified into one single document and much of it remains unwritten. The extensive power that the monarch once indisputably possessed, including the right to administer justice, dissolve Parliament or pardon crimes, was largely a matter of common law and not statute. What laws were codified (the Bill of Rights of 1689 and the Act of Settlement of 1701 standing among the most important) served more to restrict the Monarchs power than to entrench it. Thus, the residual powers still reserved to the Queen continue to be more a matter of constitutional convention than of written rules. Formally, no Act of the British Parliament becomes a proper law until it is given assent by the Queen. Yet in practice, Elizabeth II assents to all bills, irrespective of her opinion on them. The last time a British monarch rejected a law was in 1708, when Queen Anne vetoed the Scottish Militia Bill, and even then, she did so at the request of her ministers. Since then, the right of royal assent has fallen into disuse, leading some constitutional theorists to claim that a new convention obligating the monarch to assent to all bills has arisen. This view was famously stressed by Walter Bagehot in his 1867 volume The English Constitution:

…the Queen has no such veto. She must sign her own death-warrant if the two Houses unanimously send it up to her. It is a fiction of the past to ascribe to her legislative power. She has long ceased to have any.

In earlier generations, such a bold assertion of the monarchs supposed lack of power would have been unpardonable. Even I see some flaws in this theory. For one thing, the only evidence on which it stands (besides Bagehots claim) is custom. Even if all the monarchs since Queen Anne have assented to all bills presented to them, there is no formal change in any official policy that would indicate that the practice will be followed for the next bill. Additionally, if the Queen decided to withhold assent to a bill, what legal mechanism could force her to do otherwise? It would seem to me that in such an event, the veto could only be effectively circumvented by some kind of revolutionary act – as a minimum, by the Government refusing to respect the veto, which would undoubtedly lead to a constitutional crisis.

The situation is more clear-cut in Canada, which, unlike the United Kingdom, has a constitution that is largely written. The Constitution Act, 1867 clearly delineates the powers of the Crown. According to Section 55 of the Act, when the Governor General (the Queens representative in Canada) is presented with a bill that has been passed by Parliament, he may declare that he assents to it in the Queens name, that he withholds his assent, or that he reserves the bill for the signification of the Queens pleasure (letting the Queen decide the matter; according to Section 57, she may do so within two years after the Governor General receives the bill). Furthermore, as per Section 56, the Queen in Council (the Queen acting on the advice of her Privy Council) may disallow a law assented to by the Governor General within two years after receiving a copy of the law. Therefore, the Queen, together with the Governor General, does have the formal authority to veto a law passed by the Canadian Parliament. Nevertheless, no Governor General has done this since Confederation in 1867, although some provincial Lieutenant Governors have vetoed provincial laws or reserved them to the pleasure of the Governor General (under the authority of Section 90 of the Constitution Act, 1867). This happened most recently in 1963 when Saskatchewans Lieutenant Governor Frank Bastedo reserved a bill.

On top of that, there are instances in recent Commonwealth history of other royal prerogatives being directly exercised by the Crown against a governments wishes. Depending on the country, the crown may have extensive official powers, including the appointment of ministers, granting of pardons for eliminating criminal records, or calling an early election, and some of these have been exercised in person, especially during unclear political situations. A classic example is Governor General Byngs 1926 refusal to call a very early election at the request of Canadian Liberal Prime Minister William Lyon Mackenzie King, who wished to remain in power despite the stronger footing of the Conservative party in Parliament. Byng refused to do so; King was incensed by this supposed infringement on democracy, but Byng stood his ground. Another famous example was the dismissal of Prime Minister Gough Whitlam by Australian Governor General John Kerr during the 1975 Australian constitutional crisis. Whitlams controversial government did not have control of both houses of Parliament and he petitioned Kerr to call a half-senate election. Instead, Kerr dismissed him and appointed Malcolm Fraser, the leader of the Opposition, in his place.

The fact that the royal prerogative is rarely exercised, if at all, by the Queen and her representatives, appears to be more the product of a conventional good will on their part than an actual legal requirement. I hope Bagehot would pardon me if I surmised that he overdid it when he claimed that the Queen must sign her own death-warrant; what he was speaking about was more a matter of everyday practice as he saw it than a real summary of the standing law. After all, the monarchy seeks to stay popular and in todays age of democracy, its very existence depends on public approval.

Simple Ways on How to Apply the Law of Attraction of Money In Your Life

Do you want to attract more money and abundance? You don’t have to be hard on yourself just to get all the riches you want in life.

This does not involve any magic tricks: these are easy ways to get your heart’s desires.

Below are ways on how to apply the law of attraction of money, so that very soon you can start enjoying all the luxuries that life has to offer.

1)Be thankful when money comes into your life. For you to attract more money into your life, say thank you for the money you already have in your pocket. Although you know that you worked hard for it and you deserved it, always show gratitude. There are millions of people who are working hard everyday of their lives but are underpaid or not being compensated for their work. Don’t moan and complain for the money you have in your bank account. Some people don’t have a bank account. A study shows that if your annual salary is more than $2,182, you have more money that the 85% of people around the world. Don’t focus on what you don’t have; instead, be grateful for what you have. If you do this, you will realize that you are rich.

2) Use the power of mind. Think and act that you are rich – that’s the law of attraction of money. Feel that you are the wealthiest person in the world. It’s hard to do but the more you do this, the more you will realize and see money coming your way. Don’t think you cannot do activities what rich people can do because you lack money. If you think like that, you are telling the universe that you really indeed lack money and cannot afford to do what rich people do.

3) Look for a penny and pick it up. Open yourself to accept money no matter what the amount and source. Don’t ignore the pennies along the street. If you ignore even the smallest amount of money, you are telling your subconscious mind that you don’t want to put effort in earning a smaller amount of money. You are telling the universe that you are not welcoming money in any form.

4) Open yourself in money opportunities. According to rags to riches millionaires, there are opportunities everywhere. You should never think you will just fail or lose when presented with a business or money making opportunity. Probably there were times in your life where you let opportunities slip through your fingers like a promotion you thought was too hard or a business venture that is now booming in the market, because you feared you would fail miserably. Keep your eyes open at all times….the million dollar opportunity maybe just around that corner

5) Do things that make you feel good. For instance, venture into a business that you really like. There are people who use their talents and skills to establish a business that makes them rich. Don’t force yourself to do something because someone told you so or because it’s the next big fad. Enjoy what you are doing and money will soon enter your life.

Do all of the things mentioned with your whole heart and with a focused mind and it will bring you happiness and eventually you will attract all the wealth and abundance you’ve always dreamed of. These are the secrets to the law of attraction of money.

Fed up with living on the breadline? Really want to start attracting a life that’s prosperous and abundant? Well discover the proven strategies of how to apply the law of attraction of money now!

Posted in Law

The Value Of Hiring A Veteran Employment Attorney

There are great chances in New York; individuals with the best mindset and skills can even make their life successful in this city. In this town, the competition is steep, which is the explanation why individuals are giving their very best all the time. However, the Big Apple is also an avenue of continuously arising lawsuits. A highly regarded employment lawyer is a great option for litigations, specifically those related to employment issues.

Big companies already have a group of lawyers who are always willing to crush any staff at court whenever they engage in a dispute with regards to employment-related issues. Such as the companies, the law also states that it is employees right to protect themselves during court proceedings. You must ask help from New York employment attorneys if you see that your employers have disregarded your rights. Legal actions should be taken once disputes happen as your odds of winning the case gradually decrease every time you delay your actions.

Lots of people think that you will only require employment attorneys when legal action has been filed, but this is not true at all. Remember that submitting a lawsuit won’t just get you spend a lot of money but also take your time and it is emotionally-draining as well. That is exactly why if it is still feasible to solve the dispute before it becomes a full-blown legal battle, it is advisable to enter in an out of court negotiation with your employer first. To secure your benefit with the negotiation, a New York employment lawyer will assist you all through the process.

If legal action is inescapable, then be sure to seek expert help from an employment attorney. Unquestionably, employment laws change over time and they are tough to handle. Different legal loopholes and traps are inescapable, which is precisely why whenever you make even a single wrong action, you would really have more problems and may wind up losing the case. Because of this, just hire an attorney who has specializations in employment and civil litigation law. It could be wise if you’d work with a professional employment attorney NYC having a reputation in helping clients have favorable results of the case.

Small businesses and also non-profit organizations likewise decide to employ the services of Employment attorneys NYC simply because they posses extensive knowledge regarding employment laws. With their assistance, businessmen can feel protected as they adhere to New Yorks employment policies. Safety standards as well as other employer duties must be met, without taking consideration of the companys size. Firms can also hire employment attorneys to draft company policies. This way, it will coincide with the employment rules.

Just like everyone, you might be confused as to where you must begin. The very good news is, you can contact NYC employment lawyers for consultation. By informing them your situation and the whole truth, they will know the most effective ways regarding how to resolve your problem. An employment attorney will surely help check the details of your case. Aside from that, he will determine the ultimate way to handle the case in order to meet your standards.

Humanitarian Reinstatement Of I-130 Petitions

Question: My mother who is a lawful permanent resident of the U.S, petitioned both my brother and sister who are living in the Philippines eight years ago. We received a notice recently from the National Visa Center stating that we have to pay the Affidavit of Support, (AOS) fees which are something like $800. I was ready to pay this amount when suddenly my mother died. I was told that this may affect the petitions of my siblings. Is this true?

What can I do? Should I pay the $800 to the NVC? What happens to the petitions now that my mother died? Can I be substituted as a sponsor for them instead? One Attorney in Los Angeles said that he can fix this case but he wants $20,000. What should I do?

Answer: Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has approved and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are cases wherein the petitioner dies before his relatives can come to the U.S. This is often due to the fact that US immigration process has a huge backlog in most countries and that it takes years before a visa becomes available for an applicant. During this long wait, if the Petitioner dies, the petition by law is automatically invalidated and cancelled. A lot of beneficiaries of US immigration petitions, like you, are saddened and surprised that the petition for their loved ones is no longer valid once the petitioner dies. So, if the petitioner dies before the beneficiaries enter the U.S. as immigrants, the case is over.

There is NO need to pay the NVC any fees because 1) the fees will not be refunded, 2)the U.S. Embassy will no longer process the application once it learns that the Petitioner died. The Embassy will instead, send the petition back to the USCIS office that originally approved it back in the states.

In most cases, that is the end of the line. The beneficiaries, even though they waited patiently for years and years can no longer come to the U.S. You cannot step into the shoes of the petitioner and be a substitute sponsor. However, there is a way to appeal this revocation of the petition. The process is called a Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available by immigration regulations to cover these kinds of situations. It is entirely discretionary with the USCIS and is not guaranteed, but if you can show that there are circumstances justifying the reinstatement of the petition, the USCIS can revalidate and approve the petition and the beneficiaries can come to the U.S. as if the petitioner were still alive. The USCIS usually looks at the following factors: 1) disruption of an established family unit; (2) hardship to U.S. citizen or LPR family; (3) age and health of beneficiary; (4) length of beneficiarys residence if any in the United States; (5) whether beneficiary has a foreign residence (if in the U.S.) to which he can return; (6) undue delay by USCIS or the embassy in processing the petition or visa; and (7) extent of beneficiarys family ties in the United States.

For a Humanitarian Reinstatement to be applicable, the petition must have first been approved before the death the petitioner. Secondly, the beneficiary must arrange to have a substitute sponsor who may file for the required affidavit of support. This must be someone who can establish the means to support the beneficiaries with an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor must be a close relative such as the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of the sponsored alien. Friends and distant relatives cannot qualify.

As far as paying an attorney $20,000 for submitting a request for reinstatement, I would question any lawyer who charges such exorbitant fees. Would you pay $1000 for a $1 lottery ticket without a guarantee of winning? Sure, there is a lot of work involved but there is no need to gouge or take advantage of persons who are suffering the loss of a loved one. I, for one, do not practice law that way. I would be weary of anyone who says it is a sure thing or I guarantee it. By law, reinstatement is discretionary. No one, can say if a request will be approved and it is unethical to claim it is a sure thing. Stay away from such boastful claims. You will be $20,000 richer and a lot happier.

Behavioral And Keyword-triggered Ads — Legal Update For Hot-button Internet Advertising Issues

Copyright 2009 Chip Cooper

Safire’s New Political Dictionary defines “hot-button” as follows: word or issue that ignites anger, fear, enthusiasm, or other passionate response.

Safire’s definition fits two Internet advertising issues – behavioral and keyword ads – perfectly. Two developments in the first few months of 2009 show how these hot-button issues are developing, and how they may ultimately impact Internet advertising in a fundamental way.

Behavioral Advertising

Relevance is a key concept in any advertising. With it, advertisers’ messages hit home with purchasers, and conversions increase. Without it, advertisers’ messages are wasted on blind eyes and deaf ears.

Behavioral ads take Internet advertising to a new level of relevancy. Behavioral technology tracks a user’s behavior on the Web, including sites visited, length of visits, content read, and searches made. All of this data is then analyzed and a behavioral pattern is produced for a user which classifies that user by his or her online demographic. Behavioral ad networks then serve targeted ads that are relevant to that online demographic.

Recent announcements by Google (with its AdSense network) and Facebook that they will begin serving behavioral ads has triggered increased interest in related privacy issues. The concerns: the lack of transparency regarding collection practices and the risk of disclosure of the information collected, particularly sensitive information.

The Federal Trade Commission (FTC) has shown interest in privacy issues related to behavioral ads even before the announcements by Google and Facebook. In November 2007, the FTC conducted a town hall discussion to discuss privacy issues raised by online behavioral advertising. Afterward, the FTC developed proposed principles based on comments received at the town hall discussions.

In February 2009, the FTC issued a staff report entitled “Self-Regulatory Principles For Online Behavioral Advertising” (Principles). The Principles are designed to encourage industry self regulation for the protection of consumer privacy in online advertising activities.

The new development for behavioral ads is that – if three U.S. Congressmen have their way – behavioral ads will move from self-regulation to regulation by a federal statute.

It’s interesting to note that the legislative effort is bi-partisan. Rep. Cliff Stearns (R.-Fla.), Rep. Rick Boucher (D.-Va.) and Rep. Joe Barton (R.-Texas) are working to present a bill to Congress that would regulate behavioral ads. Boucher has stated that websites participating in behavioral ads should be required to obtain explicit permission from a user, plus the requirement to disclose how they collect and use data.

Keyword Advertising

In the last four years or so, cases involving keyword-triggered ads have been hotly litigated. The dispute is now a familiar one — whether a search engine such as Google should permit pay-per-click advertisers to use keywords that are also a competitor’s trademarks for purposes of triggering their ads on a search results page.

Legal issues arise when a competitor purchases a competitor’s trademark as a keyword. The Lanham Act (Federal Trademark Act) prohibits any:

* “use in commerce”, and

* “likelihood of confusion”.

In order to prevail, a plaintiff must satisfy two of the foregoing elements.

The legal battle has focused on the “use in commerce” issue, with courts being hopelessly divided on the issue. Courts finding that keyword-triggered ads are a “use in commerce” favor plaintiffs (the trademark owners). Conversely, courts finding that keyword-triggered ads are not a “use in commerce” favor the defendants (the advertisers – search engines and their advertiser customers).

Until April 3, 2009, the 2nd Circuit (Connecticut, New York, and Vermont) has held that use of a trademark in keyword-triggered ads, provided the trademark is internal and not visible, does not amount to “use in commerce” – thereby favoring defendant-advertisers.

On April 3, 2009, the 2nd Circuit reversed its position on the “use in commerce” issue. In the case of Rescuecom v. Google, the 2nd Circuit ruled on a Motion to Dismiss that Google’s recommendation and sale of Rescuecom’s trademark to competing advertisers amounted to a “use in commerce”. Although this decision went against Google, Google may still prevail in the case if the court finds later that there is no likelihood of confusion.

It’s interesting to note that the majority of Circuit Courts have previously held that similar uses of a trademark amount to a “use in commerce”. Does the reversal by the 2nd Circuit signal a trend that could significantly favor trademark owners against advertisers and close the split among the Circuits? Possibly — and that’s why this decision is so important.

Conclusion

With the foregoing update, this is where we stand on the two hot-button issues of Internet advertising:

* behavioral advertising — although the status remains unchanged at present, there is federal regulation in the works that could impose significant privacy regulations in the near future; and * keyword-triggered ads — there’s still a significant split among the Circuits; however, the split has narrowed in favor of trademark owners due to the 2nd Circuit’s ruling in the Rescuecom v. Google case. The 2nd Circuit in its decision suggested that it would make sense for Congress to resolve this split with specific legislation in the future.

This article is provided for educational and informative purposes only. This information does not constitute legal advice, and should not be construed as such.

Landlord and Tenant Law – Procedure For Ending A Tenancy

There are a variety of situations in which a tenancy can be ended early by either the tenant or the landlord usually where there has been a breakdown in the relationship, although these situations are not covered by this article. This article explores the situations where a tenancy is terminated by mutual consent or when a fixed term has expired.

Ending a Tenancy In Accordance With A Written Tenancy Agreement
A tenancy can be ended at any time if the landlord and tenant both agree on this. A mutual ending of a tenancy agreement is referred to as a “surrender” of the tenancy by the tenant. There are two ways that effect a surrender of tenancy:

1) Surrender by Operation of Law
This is when a tenant gives up the occupation of a property to the landlord, in which the landlord accepts this as the tenant would have surrendered their tenancy. This can be evidenced by actions that demonstrate a clear intent to surrender, such as removing all their possession from the property or the handing over of keys over to the landlord.

2) Surrender by Declaration
This is when a tenant signs a written document stating that he has surrendered his tenancy to the landlord.

Under section 5 of the Housing Act 1988, where a tenant surrenders the property, the landlord has the right to retake possession. But, the landlord must ensure that the tenancy has been properly terminated before he re-lets the property to another tenant, otherwise he may be guilty of an unlawful eviction.

Ending a Tenancy In Accordance With A Written Tenancy Agreement
This is where a written tenancy agreement exists and it will often contain provisions about ending a tenancy early. Either the landlord or the tenant may have a right to terminate tenancy by following the procedure set out in the written agreement.

Certain types of tenancy, such as Assured and Assured Shorthold tenancies provide the tenant with security of tenure for an initial period, in which the tenancy cannot end without the tenants agreement. This would be the case regardless of what rights to end the tenancy the landlord is granted by the written tenancy agreement.

Ending a Tenancy at the End of a Fixed Period
A tenant has the right to end a tenancy at the end of the fixed period by vacating the property on the last day of the fixed period and it is not necessary to give a notice. This would include when the tenant has an Assured Shorthold Tenancy and the initial fixed period ended. However, if the tenant stays in the property beyond the end of the fixed term, then a periodic rolling tenancy will be created and he will need to give appropriate notice in order to terminate this.

Under section 21 of the Housing Act 1988 a landlord who wishes to end a fixed tenancy at the end of the fixed period must serve a section 21 notice to the tenant. This must be done at least two months before the end of the tenancy. If the landlord fails to give the appropriate notice, when the fixed period ends a periodic rolling tenancy will be created and it will be necessary to give the tenant appropriate notice in order to terminate this as well.

Ending a Periodic Tenancy
When a fixed term tenancy ends and the landlord has not given a notice to quit to the tenant or if the tenant remains in the property, a periodic tenancy will be created. This will roll on from month to month until it is terminated by either party. If the fixed term tenancy was governed by a written tenancy agreement, it may state the length of the period, although in the absence of this it will usually be a periodic monthly tenancy.

A periodic tenancy can be terminated by giving written notice equal to the length of the rental period, although this notice must never be less than 4 weeks. So in the case of a bi-monthly tenancy, two months notice must be given and in the cases of a monthly, fortnightly and weekly periodic tenancy, 4 weeks notice is necessary.

Don’t Get Lost in Legal Jargon Know When To Call A Personal Injury Attorney

Most legal terms seem deliberately designed to confuse and frustrate the layperson. Some of the jargon we call legalese is actually founded in the dead language of Latin, making it difficult for the average person to understand. Fortunately, a few legal phrases and terms are actually quite obvious. Take for example the term “personal injury.”

As its name suggests, personal injury refers to a situation where a person is emotionally or physically injured due to the negligence of another. When it is clear that the other party was at fault, the injured individual has the legal right to file a lawsuit against them in civil court. If they are successful, the judge or jury will award damages.

Common Examples

With nearly as many automobiles as people in the US, it is no surprise that there are millions of reported car accidents each year. In about one-quarter of these collisions, someone is injured. If the driver that is found to be at fault was also deemed negligent, he or she may be sued for damages. As a result, automobile accidents are easily the most common reason people contact a personal injury attorney.

It is also possible to file suits because of slip and fall incidents, professional malpractice, product liability, workers’ compensation, and many other instances where negligence or wrongdoing can be established by a preponderance of the evidence.

Why File?

When you are injured in an accident, the burden of that injury must be borne by you. That includes medical bills, lost wages from work, and physical or emotional pain. But if you were not at fault and the other party is to blame, why should you be forced to pay for it? It seems only right and just that the other party should, at the very least, cover your financial losses. A personal injury attorney can handle the grueling negotiations for you to ensure that you are fairly compensated.

Possible Damages

In most cases, it is fairly easy to calculate exactly what you lost as the result of an accident -you simply add the wages you lost from work and your medical expenses. But compensation for pain and suffering can be much more complicated number to reach. This is just one of the many reasons why you should contact an experienced personal injury attorney if you have been hurt in an accident that was not your fault.

How They Can Help

Most valid personal injury cases are settled before they go to trial. To do so, the lead attorney must often negotiate with insurance companies, who are notoriously tough customers. While it is possible for individuals to do this on their own, we strongly advise against it. Insurance agents are, after all, highly skilled at handling these negotiations, and their only objective is to pay you less than you are owed. The best way to show them you are serious is to hire a personal injury attorney to speak on your behalf.

More often than not, an experienced personal injury attorney will help you settle your case for more than you could have on your own.

When looking for an expert personal injury attorney, Mobile, AL residents visit Bell Law Firm, P.C. Learn more about our services at http://www.belllawfirm.net.