Can IRS foreclose if just 1 spouse has deep debt?
A: A number of recent court cases have addressed this and similar issues. For example, a federal court that covers South Dakota recently held that the IRS can foreclose on jointly held property. However, there were two caveats: (1) The IRS needs to get federal court approval before selling the property and (2) the nondelinquent spouse must receive his or her share of the sales proceeds.
The requirement to get court approval gives the innocent spouse some relief, but that spouse should immediately retain legal counsel to make sure his or her assets are protected. options: You can talk with the tenant and find out when he or she plans to move out — ask the tenant to give you a letter with the move-out date. If he or she does not move as stated, you can take the person to court for breach of contact.
You can also bring an action to evict in landlordtenant court. This can be expensive, and you want to make sure your lease provides that attorney fees will be awarded to the prevailing party. And of course, you should ask the tenant to sign a new lease at a higher rent, if he or she wants to stay for an extended period of time. Worth asking!
By the way, many commercial leases have a “holdover” clause, where the rent will automatically go up — fairly high — if the tenant holds over after the lease termination date.
A: Yes, regulations regarding board leadership are spelled out clearly in your legal documents, most likely the bylaws. But first, I would immediately retain a local real estate attorney to guide you through the process.
In the great majority of associations, the members elect the board of directors and the board elects the various officers.
The board does not have the right to eject a board member, but the board does have the right to take away the presidency and elect someone else. Your bylaws also contain provisions as to how to throw members off the board.
Talk with the attorney regarding whether you should alert the chamber about this person.