Landlord And Tenant Legal Questions

Although your son didn’t sign a lease, the Landlord Tenant Act applies to all attempts at eviction.  The proper procedure is to provide your son with a Notice to Quit advising him to vacate 15 days after the notice is served by posting or hand delivery.  After that time, you may file a Complaint in Eviction with your local Magisterial District Justice (DJ).  The DJ will schedule a hearing at which your son will be able to defend himself.  If the facts are as you describe, the court should enter judgment in your favor.  Then, if he is still there after 10 more days, you can then file a Writ of Possession which affords yet more time.  After that time has expired, the constable will execute the Order for Possession by locking your son out.     I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Where is your rental unit?  Do you live in the same dwelling as the tenant?  How long have they been there? Please contact me.  I have recent experience handling these matters and am well versed with the ins-and-outs of landlord/tenant law, particularly with the Covid additions.      ... Read Answer

A landlord has an implied warranty of habitability. A lack of water or heat are typical but, if the landlord is aware of the safety issues,  A well constructed letter, describing the situation, and demanding they either secure the premises from crime or let you off the lease will probably get the landlord to agree to let you break the lease. You cannot break the lease on your own but it would not be a bad idea to remind that if a serious crime causes harm to you, they are on notice and it is no different than if you slipped and fell on the ice.... Read Answer

you need to give them a NOTICE TO QUIT and file an eviction when you if violence or the possibilty of violence has been threatened, the court rules permit a shorter notice period- be prepared to prove to the court that the threats were made- judges do not like it when people claim things that are not true ... Read Answer

More information is neeeded This seems like a landlord tenant issue.  Immigration law is Federal law, but landlord tenant law is Kentucky law, and/or municiipal law, so an attorney who practices in that area in Kentucky should help you and provide an answer.   How is this related to immigration law?   In general, at common law, if you have a month to month or a lease, then you can usually keep paying the landlord rent unless he can show that he violated the lease or tenancy as a matter of law or the terms within the written lease agreement.  If he gives you a thirty day eviction notice, then he should indicate the grounds.  That said, a month to month lease is not as easy to challenge as an annual lease.  Again, I strongly recommend that you seek legal advice from a landlord tenant attorney, who practices law in your area of Kentucky.... Read Answer

There is no easy answer.  You have 3 options: 1) move  2) withhold rent due to the landlords failure to adhere to the covenant of quiet enjoyment and warranty of habitability 3) sue the landlord for breach of lease. The second option involves placing your rent in escrow with the strong likelihood that the landlord will seek to evict and your defense will be that landlord breached.  I trust this answers your questions and, if you live in the Delaware Valley do not hesitate to call or email on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Yes, the moratorium has expired. You may proceed. However, if the tenant filed with the srate for emergency rental assistance, your proceeding will be stayed pending the determination of your tenant's application. If your tenant does not have a lease or the lease expired, you should consider a Holdover eviction action.... Read Answer

As you seem to have gathered, the lease determines the parties rights.  While I would be happy to review the entire lease, the language provided suggests that you must notify of your intent to terminate, at least 60 days before the end.  Otherwise, it appears to automatically renew for another year. I trust this answers your questions, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Although decriminalized, posseison and use of marajauna is still a criminal offense.  You may not be able to force your landlord to do something, but calling the police is always an option.  If it wee Section 8 housing, the landlord might be forced into action for recipeitns of Section 8 vouchers are not allowed to comit crime in Section 8 housing.... Read Answer

I think that whenever you are entering a legal arena with the intention of giving persuasive argument regarding circumstances, facts and the law, you should not only be represented but represented by an experienced, well regarded, attorney.  Please feel free to contact us for further information. 203.870.6700... Read Answer

Generally, other than express terms in a contract that allow for termination, the only excuse for non performance is impossibility.  Thus, if the contract required that you borrow $10 million dollars and you clearly are not able to, your performance might be excused as impossible. Leases are straightforward contracts.  In exchange for occupancy, the tenant must pay timely rent and comply with other terms in the lease such as maintenance and noise restrictions.  Accordingly, mere insufficient income neither permits continued occupancy, nor excuses the balance owed. I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email on a free initial basis.     Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Michigan law requires you to send notice and you can then put the rent into escrow, if they don't fix it within 3 months, you get it back. The damage is a breach of the warranty of habitability. You are entitled to be compensated for the days you ebndured from the condition. Calling the GreatLakesLegalAid.org is advised  ... Read Answer

In most states, yes, in contribution after they have paid for you for however long that is.  It takes actual harm though, so they either have to sue you after how ever many months it takes to find someone new, or if they sue you right away they can add each month as the case goes on but cannot add months of rent after judgment.... Read Answer

If she is living in your home, you need to evict her.  I would reccomend hiring an experienced landlord /tenant attorney to help you with the paperwork and running the case.  Please feel free to contact my firm if you need further assistance.  We handle evictions regularly. 203.870.6700... Read Answer