Landlord And Tenant Legal Questions

Anybody can be sued for anything, but unless the other person promised to let you live there for a longer period of time, or to give you a certain amount of notice before kicking you out, or agreed beforehand to some sort of limitation on their right to kick you out, I don't think you have a very good case.... Read More

While your landlords failure to report rental income to taxing authorities might be an issue for him, it does not change your tenant status.  If you are month to month, he must provide you 30 days notice to quit and then can proceed to evict you. I am acquainted with a non profit who helps those with low or no income find housing and handle other expense issues.  If you live in the Delaware Valley and would like that information, 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 More

You can evict the subtenant but you'll need to follow the same procedure for any other tenant.  Even if the subtenant does not have a lease, she arguably has a month-to-month tenancy which you can only terminate in accordance with the law.  Here are some articles I found online which you might find useful. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

As long as you gave the Landlord notice of your new address, you may have a counter claim against them. Michigan law requires the landlord give a statement to the former tenant within 30 days of moving out. How the landlord handled the security deposit can also open them to additional claims. If you live in the tri-county area I would very much be willing to take this on, if not, I invite you to call to learn what your rights are at no charge. ... Read More

Much depends on your lease.  You should have an experienced attorney review your lease to determine your rights. Of course, all leases should contain a "right of quiet enjoyment" provision and thus, you should not be forced to live in such a condition. As for your security deposit, there are stict laws in New Jersey concerning security deposits. A landlord is not permitted to take yoru security deposit under most circumstances. More specifically,  The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit. Cite: N.J.S.A. 46:8-21.1. The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet. Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting. There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. If you end up in court, the judge will not accept a letter from your friend as evidence.   ... Read More

You are choosing to represent yourself in one of the most affordable legal arenas: Housing Court. The best advice to give you is to tell you to hire an experienced landlord/tenant attorney to prosecute this matter for you.  Remember the old adage about having yourself as a client. Its true.  Good luck and feel free to contact us if we can assist. 203-870-6700... Read More

Without more information it does appear that water drains downward and if the area of damage in the ceiling is under your apartment you need to inspect and discuss with your landlord any evidence of leakage.  Unless you caused the water to over flow or otherwise negilgently allowed the leak, the landlord is responsible for maintaining plumbing fixtures.    You may need to hire a plumber to inspect if the landlord refuses to do so.  I would write the landlord that you may seek to take any costs of inspection and repair off your rent if the plumbing is faulty.   Under Hawaii landlord tenant law the landlord is responsible for plumbing unless the issue is the result of abuse or tenant negligence such as leaving water running or not requesting repairs in a timely fashion.   Of course your written landlord tenant ageement should be inspected for terms that may cover this situation.      ... Read More

Contact thed Virginia Bar Association's lawyer referal. Michigan has law that severely punishes landlords withholding security deposits. In Michigan, landlords are required to give the tentant an accounting. If Viriginia has a conversion law that triples damages for civil conversion, with attorney fees, you would have a strong case. For now, paper things with a certified letter demanding repayment in certified funds or you will take legal action.   best of luck to you! ... Read More

Assuming that you lease doesn'tlimit the type and/or amount of damages which you can recover for a breach of the lease, and that the landlord's failure to repair the problem in a timely fashion constitutes a breach of the lease, you can claim  your extra expenses as damages from the breach.  In the real world, however, the landlord is unlikely to agree that you are entitled to this money, and if you want it you're probably going to have to fight about it in court, and you will have your landlord angry at you.  It would probably be better, if possible, to reach a compromise with your landlord.... Read More

According to the lease, you might be. The landlord does have an issue proving damages if they did not inspect. First rule: always video and photograph all rentals (cars and apartments) before and after possession. If you can still legally get into the unit and take pictures, I recommend it.   good luck to you... Read More

Generally, any occupant of residential real estate is entitled to due process before being evicted.  Under the Landlord Tenant Act, a notice to vacate must be served at least 15 days before any action is filed to evict. However, if your sons girlfriend vacated the premises, she would no longer be occupying and the executor would be free to change the locks.  Her only remedies are a petition in orphans court or a lawsuit for wrongful eviction.  There would be a fact question whether she was an occupant at the time he changed the locks. Nothing precludes him from allowing her to reside there.  But as a practical matter, as executor he must take steps to secure and liquidate the property for the estate. I hope this has been helpful, but I suggest speaking with an estate attorney and I would be happy to refer you to one.  Simply call or email me for a referral. 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 More

I am sorry to hear about your situation. However, this is not a Wills and Probate question, so I have changed your practice area in hope of getting your question to attorneys who can help you answer it better than I can. In general, if your ex wife is the owner of the home, and you just live with her, but you and she don't have any written agreements, she may need to take formal steps to evict you, and you may have some rights as a tenant, but you likely don't have a lot of rights. If you gave her money to make repairs and improvements to the property and you and she did not have any written documents in place to state what the money was for or the terms under which you gave it to her, those were gifts by you to her and don't give you any rights to the property. The fact that you've paid her to live there also does not give you any rights to the property other than as a tenant. And any amounts that you may have paid for her daughter or her grandson are also likely gifts and don't give you any rights unless you have a written contract that says the amounts were to be loans to your ex. You should consult an attorney who helps tenants with evictions if you want to make sure you are legally protected as much as possible. If you do have anything in writing about any of the payments you've made over the years, be sure and show them to the attorney. Best wishes to you.... Read More