Landlord And Tenant Legal Questions

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486 legal questions have been posted about landlord and tenant law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Landlord And Tenant Questions & Legal Answers
Do you have any Landlord And Tenant questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 486 previously answered Landlord And Tenant questions.

Recent Legal Answers

Yes. If they refuse to return it because he claims there was a renewal and you breached, that will depend on the details of the prior lease language and your statement that "I would likely stay" and whether that constitutes a renewal. Otherwise, you are a month to month tenant from July 2025 when the lease expired. They do not have to address deposit returns until 30 days after you vacate the premises. You do not get your money back for moving expenses so you can move. You may have to retain a lawyer to address this if this is not resolved between you.... Read More
Yes. If they refuse to return it because he claims there was a renewal and you breached, that will depend on the details of the prior lease language... Read More
None. All pets means what it says. Not "all pets unless your pet doesnt like being restrained or the owner doesn't want to." If you cat is treated as a "feral cat" and you let it "roam" it is subject to being picked up by animal control and destroyed. The idea of "clipped ear" is a procedure performed by a vet that IDs the cat as having been spayed and fully vaccinated, so that AC might not pick it up for population control. If your cat is "roaming" unrestrained and uncollered- it IS in fact a feral cat to others who have no idea about your cat, regardless of whether you like the designation. Your other remedy is to move elsewhere, get rid of the cat or risk being fined and sued for violation of the community rules. ... Read More
None. All pets means what it says. Not "all pets unless your pet doesnt like being restrained or the owner doesn't want to." If you cat is treated as... Read More
Possibly. You will have to find the estate for the person you contracted with that died. That is who seems to owe you the money as they are the ones that collected it. 
Possibly. You will have to find the estate for the person you contracted with that died. That is who seems to owe you the money as they are the ones... Read More
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent on a month to month tenancy. If you paid less than the full rent, absent written or credible evidence of an agreement for less than the full month, the landlord would be entitled to serve a 3 day notice and sue for eviction on the 4th day. Your facts seem to suggest that you did not pay rent on the 1st when due, then on the 6th claim some agreement was made to pay for the REMAINING 2 weeks, with a vacation date of the 22nd. Then, we are expected to beleive that arbitrarily the LL demanded that you vacate 3 days later on the 9th? That sounds a lot like a 3 day notice for nonpayment of rent. As to actually towing your car, the landlord is not allowed to do that unless or until you are dispossed of the property legally such as an eviction, absent you parking the vehicle illegaly or without permission. That you called the police on the landlord makes clear there is much more to this issue than related as LL/T interaction does not degrade from courtesy agreements to pro-rate your rent to police being called in a matter of days without something happening. That "something" is likely a critical factor in who is entitled or obligated to do what. ... Read More
If you paid the rent in full for November then the LL cannot terminate the tenancy early. Florida law doe snot recognize a prorated or per diem rent... Read More
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will need to re-issue the check and cancel the old check or you may need to retain a lawyer to file a lawsuit to recover the funds. 
If they claimed to have mailed it then you will likely need to wait a but, possibly a week or so to see if it shows up. Other than that the LL will... Read More
If this matter involves an accident that may be covered by your insurance company, then turn the matter over to them. 
If this matter involves an accident that may be covered by your insurance company, then turn the matter over to them. 
If the floor is falling through then the unit is unsafe and you should be happy to move out. It is doubtful that the floor can be repaired while you remain living there. 
If the floor is falling through then the unit is unsafe and you should be happy to move out. It is doubtful that the floor can be repaired while you... Read More
You will likely need to sue. If you left when the lease was up - they have 30 days to tell you if they are asserting any claims and must return the funds they are not asserting claims against. 
You will likely need to sue. If you left when the lease was up - they have 30 days to tell you if they are asserting any claims and must return the... Read More
You wont and shouldn't. You will need to retain a lawyer to address this immediately. Simply crying to the judge that "Thats forged and they are liars" will not only do little good, but could potentially end up with you losing the case and the property if the court rules against you. 
You wont and shouldn't. You will need to retain a lawyer to address this immediately. Simply crying to the judge that "Thats forged and they are... Read More

I have a rat problem in my condo wall.

Answered 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You generally cannot, other than having the board address the issue or spending a lot of money to hire a lawyer to sue and try to get a court order for the inspection if he won't allow it otherwise. That stated, there is no such thing as a "sewer rat" as opposed to a Norway other species of urban rat that, among other places, is found in sewers. Any reputable pest control service would advise you that access points like exposed roofing, appliance accesses or pet doors is the most likely means for rat intrusions, especially inside walls and cielings. It is rare that they would be associated with "broken pipes" in interior plumbing as the obvious issue would be the water intrusion of the lower units when the pipe was used. This sounds a lot more like you have a whole lot of other issues with the upstairs owner and are trying to weaponize this issue to "tangle" with him. If the rats are in the common area walls, you will need to address the pest control issue with the board not the upstairs neighbor. ... Read More
You generally cannot, other than having the board address the issue or spending a lot of money to hire a lawyer to sue and try to get a court order... Read More
If the lease was terminated due to bat infestation- LL should return your advance rent and security deposit w/i 30 days of you vacating the property. They are no responsible for your hotel expenses and YOU need to remove your personal items, as leaving beds behind will typically result in the landlord doing so but assessing charges against your sec-dep or seeking collection from you.... Read More
If the lease was terminated due to bat infestation- LL should return your advance rent and security deposit w/i 30 days of you vacating the property.... Read More
If not provided in the lease or the park rules/prospectus - likely no. That said - be wary of picking fights over nominal amoutns of money when you are in the wrong. It is very expensive to fight with landlords over issues that can be avoided by simple compliance.
If not provided in the lease or the park rules/prospectus - likely no. That said - be wary of picking fights over nominal amoutns of money when you... Read More
No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or unenforceable. Those are all fairly standard clauses. The only one that is an issue is the attorney fees clause but the courts only enforce it if the landlord prevails. Their inclusion in your lease is not a basis for terminating the lease.... Read More
No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or... Read More

Family

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer
Yes your daughter can evict her boyfriend even if he's been there for 5 years.     
Yes your daughter can evict her boyfriend even if he's been there for 5 years.     
Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so was it just a verbal notice or written notice? If verbal, were any witnesses present when you gave it? This platform prohibits attorneys from soliciting your case, but you can reach out to one of us privately after you've researched our backgrounds.... Read More
Yes you might have a case depending on additional facts. Can you prove that you told them about the dangers of the tree before the accident? If so... Read More
You will need to contract lawyers directly to address this issue. Simply declaring a wrongful eviction does nothing to explain what happened or whether you are even correct. Try local legal aid in your area first. 
You will need to contract lawyers directly to address this issue. Simply declaring a wrongful eviction does nothing to explain what happened or... Read More
You post and language use makes no sense. "Im still part of the 30 day" "kicked me out with 9:30 a day" "have a verbal contract chain"  - this makes it near impossible to understand your issue and to provide any useful guidance. That said, if you are on the lease or rental agreement - room mates cannot kick each other out. You might want to contact local legal aid to see if they can help you.... Read More
You post and language use makes no sense. "Im still part of the 30 day" "kicked me out with 9:30 a day" "have a verbal contract chain"  - this... Read More

Can a tenant win an eviction Case

Answered 8 months ago by attorney Karen A. Leiser   |   1 Answer
It would be impossible to answer this question without more information, such as what the grounds for eviction are.  The short answer is that yes Tenants can win eviction cases, but probably not for the reasons you state.  If they are being evicted for non-payment of rent and you have followed all of the proper notice requirements, then it is unlikely that these issues would stop an eviction.  They would have had to escrow the rent pursuant to Virginia Code 55.1-1244 or they can make repairs and deduct from the rent with proper notice given pursuant to section 55.1-1244.1.  Otherwise the rent pretty much has to be paid, unless the place has burned down or something else that would constitute a constructive eviction.  If they have paid rent and you are evicting them for some other reason then it is much harder.   ... Read More
It would be impossible to answer this question without more information, such as what the grounds for eviction are.  The short answer is that... Read More
You need to hire a landlord lawyer to handle these issues before you make a mess and find yourself getting sued. Bear in mind I am "tenant lawyer" not a landlord lawyer so when your enemy warns you about things you might heed the advice. 
You need to hire a landlord lawyer to handle these issues before you make a mess and find yourself getting sued. Bear in mind I am "tenant lawyer"... Read More
This is sadly what happens when you don't hire lawyers to handle such issues from the start. NOW you have a more expensive and complicated issue to address as it sounds like there is argument for the LL that you "abandoned" the rental unit - if you left the property while behind on rent. Even though Fla. Stat. 83.67 might provide some relief, you wont find many lawyers willing to take such a case on a contingent fee with an in residence landlord renting a room. You might need to contact legal aid to see if they can help. ... Read More
This is sadly what happens when you don't hire lawyers to handle such issues from the start. NOW you have a more expensive and complicated issue to... Read More
It all depends on the terms of the contract with the property management company. In most instances PM companies are simply a conduit between the LL and the tenant for the purposes of collecting rent, relating tenant complaints etc. Rarely are they obligated to bear the expense of suing the tenants for eviction, for rent collection or to make repairs on the owner/landlords rental property. In most instances where the tenants are damaging the property, the PM is simply required to notify the LL once they are aware of it, and again depending on the contract terms that may be the end of thier responsibility. The LL would then need to retain a lawyer to sue for damages or eviction as the case may be. The other issue that needs to be addressed is when the PM is engaged to procure and screen tenants for the LL approval. There are many instances where the PM's "drop the ball" and dont vett the tenants sufficiently and allow bad tenants to move in. Again, subject to the contract terms, the PM might be liable if there was obvious evidence that the tenant was "bad" such as public record evicitons, bad credit history or criminal history. You will likely need to spend some money to have a lawyer review your contract and the details and go from there. ... Read More
It all depends on the terms of the contract with the property management company. In most instances PM companies are simply a conduit between the LL... Read More
No. That damage was done when you filed the eviction. As the eviction is public record it is generally not removed. To be clear, if you were legitimately forced to sue a relative for eviction, they brought that on themselves as they would have for any landlord forced to take such aciton. ... Read More
No. That damage was done when you filed the eviction. As the eviction is public record it is generally not removed. To be clear, if you were... Read More
This is a common issue. Unfortunately, after a "pump out" occurs, a properly maintained septic tank and drain field shoudl go YEARS without further issue. If there is "grease" or other improper materials found in the septic tank afterwards, most LL are going to take the position that the "proof is in pudding"  that the current tenant is causing the problem and responsible for the repairs, pump out, etc. Equally, tenants will typically deny any such conduct, even when it is undeniable that they are, simply adding to such controversies. If you expect to oppose this YOU will need to secure a septic expert to examine the system and establish that you are not the problem causing the pump outs. That will at least give you a legitimate basis to dispute the landlords accusations otherwise. By example, this may all be caused by a bad liftstation pump, that needs to be replaced by the LL. ... Read More
This is a common issue. Unfortunately, after a "pump out" occurs, a properly maintained septic tank and drain field shoudl go YEARS without further... Read More
Yes - there is no legal prohibition for this. Many landlords are doing this to avoid issues with illegal alien renters.
Yes - there is no legal prohibition for this. Many landlords are doing this to avoid issues with illegal alien renters.

Landlord issues

Answered 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The landlord is plainly wrong about the 24 hour "get out" demand and whether you can remove the notice. Its a borderline issue about the 3rd party disclosure as it might be a collections violation. Its easy to "cut your nose off to spite your face" trying to play "legal games" with a landlord when you can't make rent. That said, you will not do yourself a favor trying to jailhouse lawyer your landlord when you simply can't make rent with manufactured complaints or efforts to intimidate them into letting you stay. This is commonly an issue where tenants try to find ways to sue the LL whether for, healthcode violations, "racism", consumer protection, or claiming they were hurt on the property, usually all this does is enrage the LL into making sure that you are sued for eviction and no courtesy or quarter is given. Here------- it is difficult to believe that if you are renting a room in a house with a convicted felon, that any of the information in a 3 day statutory notice, whcih seems to be what was posted, could be determined by the felon otherwise as you live in the same house. If you can't make rent, your BEST bet is to vacate the property BEFORE the LL files an eviction lawsuit, even if you can manfacture a way to stay a little longer, as its usually the existence of the lawsuit that impedes your future rental - not the removal from the property by the Sheriff. ... Read More
The landlord is plainly wrong about the 24 hour "get out" demand and whether you can remove the notice. Its a borderline issue about the 3rd party... Read More