Landlord And Tenant Legal Questions

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486 legal [2, *]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 - Page 6
Do you have any Landlord And Tenant questions page 6 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

Hello - Iโ€™m florida - in a condo -the by laws allow use by immediate family -is the step- brother of the owner eligible?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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USE or establishing a residence? two different issues and residence is a whole different ball game. How you "feel" is of no consequence. Legal issues are based on facts. Here it seems like subletting so you would have both COA issues and insurance issues to address. You will need to hire an associations lawyer BEFORE he moves in, to address this. ... Read Answer
USE or establishing a residence? two different issues and residence is a whole different ball game. How you "feel" is of no consequence. Legal issues... Read Answer

WHO IS RESPONSIBLE?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. You will spend a good bit of money on the effort so be prepared for that financially. The issue will likely focused on what changes occurred in past 6 years as you have been there for 33. If this is mostly about hurricane level flooding, you will have a much harder case to prove. This sounds like a grading problem. ... Read Answer
Possibly. You will spend a good bit of money on the effort so be prepared for that financially. The issue will likely focused on what changes... Read Answer

Am I responsible for my roommateโ€™s part of a lease if he breaks it?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Unless the lease says otherwise - there is no "part" of a lease. You are BOTH fully liable as tenants. 
Unless the lease says otherwise - there is no "part" of a lease. You are BOTH fully liable as tenants. 

What can I do about workplace harassment and bullying resulting in assault as retaliation for reporting?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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For reporting what? You can file a complaint with the EEOC but there is no way to respond to such a vague post with conclusory statements. 
For reporting what? You can file a complaint with the EEOC but there is no way to respond to such a vague post with conclusory statements. 

evict my ex partner from the house

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If its his house - its his house. You have no right to stay in HIS, house. If you are also a deed owner of the house, then the cannot evict you, but would have to sue for partition. 
If its his house - its his house. You have no right to stay in HIS, house. If you are also a deed owner of the house, then the cannot evict you, but... Read Answer
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If the property management company begins eviction proceedings today, they will not have a hearing until after you have moved out on July 21st.Your landlord is entitled to a writ of possession, an award of damages for the one month's rent you failed to pay, attorney fees, and court costs.  At the end of a lease term, your landlord has the option of not renewing or of allowing you to remain as a holdover tenant month-to-month.  Either party is entitled to give 30 days advance notice to end the tenancy, which your landlord did when it gave you notice on June 20th that you needed to vacate the premises by July 31st.  When you move out, you should, not are not required, to provide to your landlord written notice that you are surrendering possession of the premises to the landlord as of July 22, 2023, along with your new address.  If you provide your landlord written notice of your new address, your landlord must refund your security deposit, less any repairs to the premises of which the landlord must provide you notice, within thirty days.  It is common, but not required, to schedule a walk-through when you surrender possession so that any damage can be assessed and compared to what was reported as already being present when you moved in.  It is advisable that you take a number of photographs depicting the condition of the premises once you have removed all of your belongings and thoroughly cleaned the premises to use as evidence in case you encounter any problem with your landlord refunding your security deposit.Do not--under any circumstances--suggest that the landlord keep your security deposit in lieu of your last month's rent.  This is a statutory violation that may subject you to additional penalties.... Read Answer
If the property management company begins eviction proceedings today, they will not have a hearing until after you have moved out on July 21st.Your... Read Answer
Dear Laurie, Rent cannot be raised after it is signed unless there is language in the lease saying so. Most leases do not permit this. Trying to force you to pay more rent over a signed lease is illegal. sincerely Gilbert Borman
Dear Laurie, Rent cannot be raised after it is signed unless there is language in the lease saying so. Most leases do not permit this. Trying to... Read Answer

Do I have a chance on winning?

Answered 2 years and 11 months ago by Melanie L Ryan (Unclaimed Profile)   |   1 Answer
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I don't think this is a banking law question, but more of landlord tenant.  If you are interested in representation, you can call 917-346-6547.    
I don't think this is a banking law question, but more of landlord tenant.  If you are interested in representation, you can call... Read Answer

How should i proceed with this matter>

Answered 2 years and 11 months ago by attorney Gilbert Borman   |   1 Answer
Landlords can be accountable for damages as a result of CO poisoning. The landlord's notice to quit is a further breach of the lease. You will definitely need legal representation to assert any claim against the LL. Please be in touch if I can be of assistance. Gilbert Borman 248.353.5555
Landlords can be accountable for damages as a result of CO poisoning. The landlord's notice to quit is a further breach of the lease. You will... Read Answer
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No. The lease terms are what they are. BOTH sides are bound to honor them. You cannot withhold rent without inducing an eviction.
No. The lease terms are what they are. BOTH sides are bound to honor them. You cannot withhold rent without inducing an eviction.

Landlord has not made any repairs

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If you are MTM tenants, as it seems, you have few real "rights" other than to terminate the tenancy and move elsewhere if you can find better. If you husband was afforded a discount as an employee, the LL is entitled to seek full market rate when he isnot. 
If you are MTM tenants, as it seems, you have few real "rights" other than to terminate the tenancy and move elsewhere if you can find better. If you... Read Answer

Can my landlord keep my childrenโ€™s bike?

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. Depends on the terms of the lease and circumstances. Try calling law enforcement to see if they get the bikes returned.
Possibly. Depends on the terms of the lease and circumstances. Try calling law enforcement to see if they get the bikes returned.

Can I put a recorder in my apartment to catch management coming in

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If you comply with Fla. Stat. 934 you can use security video like a ring or canary for this purpose. Make sure you get a lawyers approval before you do so. 
If you comply with Fla. Stat. 934 you can use security video like a ring or canary for this purpose. Make sure you get a lawyers approval before you... Read Answer

Is this retaliation and can we fight it

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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There is no "we" in the equation. Sounds like you poisoned the pool for your parents with your interaction with the LL. There is no requirement that the LL renew an existing lease for any reason.  Your parents will need to retain a lawyer if they have any specific issues or need to interact with the LL on the issue.... Read Answer
There is no "we" in the equation. Sounds like you poisoned the pool for your parents with your interaction with the LL. There is no requirement that... Read Answer

who is responsible for my damaged vehicle?

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You dont relate how the rap artists did the damage nor why? Did you call the police when it occurred? What does the PM for the apartment say?
You dont relate how the rap artists did the damage nor why? Did you call the police when it occurred? What does the PM for the apartment say?

do you have any pro bono attorneys

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
If you are in need of a lawyer, most courts, depending on where you are will provide you an attorney. You can also contact Michigan Legal Services.
If you are in need of a lawyer, most courts, depending on where you are will provide you an attorney. You can also contact Michigan Legal Services.

can my landlord increase my rent 200.00 dollaresa mounth

Answered 3 years ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Yes. Either when the lease is renewed or with notice on a MTM basis. That you have lived there for 10 years and are on a fixed income is not the LL's concern.
Yes. Either when the lease is renewed or with notice on a MTM basis. That you have lived there for 10 years and are on a fixed income is not the LL's... Read Answer
OK, the lease is in YOUR name, it either permits pets or not. Even if the lease permits pets, if there is a written lease to the subtenant giving you the right to allow pets or not, it is still your choice. If the sublease is silent about pets, you are still the tenant of record. The landlord has no right to alter the lease without your written permission, nor does your subtenant. Best to put it in writing to both LL and subtenant that you don't want pets and, if for any reason pets do appear, you reserve a right to charge a cleaning fee on moveout and an additional monthly fee to the subtenant for damage and cleaning. Good luck.... Read Answer
OK, the lease is in YOUR name, it either permits pets or not. Even if the lease permits pets, if there is a written lease to the subtenant giving you... Read Answer

One of my roommates left ,before lease ends, who is responsible for his rent?

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Unfortunately, YOU are responsible. Unless there is a room mate contract between you, you are generally stuck paying the rent with no recource. You can later try to sue the ex-room mate for thier share paid on thier behalf, but in most instances you spend the money you are fighting over in court so its not productive. ... Read Answer
Unfortunately, YOU are responsible. Unless there is a room mate contract between you, you are generally stuck paying the rent with no recource. You... Read Answer

A ROOSTER AS A EMOTIONAL SERVICE ANIMAL

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Roosters cannot be "service" animals under the ADA. This sounds like a bogus ESA claim with a rent a doc online or a physician callously handing out such letters. Your remedy would be to sue the LL and the tenant for the nusiance enforcement. This would involve some significant litigation expense and you would need to retain a lawyer to pursue a lawsuit properly. ... Read Answer
Roosters cannot be "service" animals under the ADA. This sounds like a bogus ESA claim with a rent a doc online or a physician callously handing out... Read Answer
Unless you are on the lease it is a really bad idea to have your money as the security deposit for other people. If damage happens, however it happens, the landlord will look to your security deposit to do the repairs and there is nothing you can do about it. Even if you have a writing from the other tenants promising reimbursement, you still have to collect from the others. Hard to do. Best for them to have their own lease and their own security deposit.... Read Answer
Unless you are on the lease it is a really bad idea to have your money as the security deposit for other people. If damage happens, however it... Read Answer
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Its too late. Unless the LL is wiling to let her stay or there is some other legal defense, if you don't pay the rent inside the 3 day notice, the landlord is entitled to sue for removal on the 4th day. Even paying the rent owed at that point does not change the landlords right to eviction. This all a matter of trying to work it out with the LL through some form of settlement. ... Read Answer
Its too late. Unless the LL is wiling to let her stay or there is some other legal defense, if you don't pay the rent inside the 3 day notice, the... Read Answer

Is intent to renew binding?

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not likely. An agreement to make a lease in the future is not a lease. 
Not likely. An agreement to make a lease in the future is not a lease. 

Can I file a claim against my landlord for emotional distress and for keeping my deposit?

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not the facts provided, NO. The remedy would have been to terminate the tenancy and move out. 
Not the facts provided, NO. The remedy would have been to terminate the tenancy and move out. 

we rented a condo from 1/1/23-3/31/23 in Lakewood Ranch florida

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Landlords have 30 days to mail the notice of claim against a security deposit per Fla. Stat. 83.49
Landlords have 30 days to mail the notice of claim against a security deposit per Fla. Stat. 83.49