Landlord And Tenant Legal Questions

Landlords have their rights but they do not have the right to evict without cause. Depending on what your lease says, a landlord may have the right to evict for nuisance. I reccomend you get a copy of any and all police reports or runs to the property. If there is no evidence of police activity, the landlord lacks grounds. If the landlord called the cops on your girlfriend without cause, you could argue that by doing so the landlord first breached the lease and cannot evict you, as long as you pay rent, until the end of term of the lease.     You are probably going to need local legal counsel for this. Good luck.... Read More

What does your lease say?  In general, whatever it provides is what you are obligated to do.  For example, if the lease provided that you would have to pay for the landlord's therapist as part of your rent, you would be obligated to do so.  If you have no written lease, you are obligated do do whatever you agreed to, but bear in mind that if you have no written lease you are probably a month to month tenant, meaning that the landlord doesn't have to rent to you beyond the end of the month.... Read More

Dear Sherri, Unless the written lease you signed with your prior landlord says otherwise, the buyer cannot evict you until the end of the term of that lease. Sadly, if you don't have a written lease, the new landlord can evict. However, right now, they have a problem, all evictions in Michigan and nationally are stayed under the COVID emergency declared by the Administration. Until that time, no Michigan court will evict you. No matter what you entitled to rent. I reccomend reaching out to the new landlord and asking them for a new 1 year lease. Tell them the eviction moratorium might go on for several months more, you are good tenant and are willing to keep paying rent to them. No one knows how long the moratorium might last, it makes good sense to have a good paying tenant for a year. If the new owner still has your security deposit, offer to have the old landlord (if she has not already done so, transfer the security deposit to them. Best of luck to you. Sincerely, Gilbert... Read More

If the problems you are ahaving are as a result of your landlord's material breach of the lease, you would not be obligated to perform your part of the lease, i.e. you can leave without penalty.  However, if the landlord disagrees, you could be in for an expensive court fight in which it is not certain that the court will agree with you.... Read More

If any rent payments to the landlord were missed, the landlord has the right to go after you for difference. While you did break the lease, the landlord is not entitled to collect rent twice. The lease is a contract and, if the landlord is not out any money, you have mitigated their damages to them but, any rent missed, they are entitled to be paid and you agreed to pay them.... Read More

There are two issues here: whether the landlord can make you move out and does he owe you anything for improvements made to the property. Regarding the first and, to you, the most important issue, can he force you to move, the short answer is he can. The property is his and you and you a month to month tenant with an expired lease.  I would write him a physical letter, asking for new lease at a rent $50 higher than your current rent and see if they respond. If you can document significant out of pocket expenditures for repairs (receipts and before/after pictures) may have some claim to reimbursement for improvements under the theory of unjust enrichment. The court will only look at this if the proof is solid and the work is substantial. best of luck to you.... Read More

He can serve you with a notice to Quit. Unless you sign on the lease, you do not have rights under the lease. Legally you are subtentant under his lease. His lease permitted you to live there. But as the leaseholder, he can require you to move. If it comes to court, Judges usually give you some additional time to move out. Do you really want to live there now that the relationship is over. Your best bet: negotiate a move out date if he doesn't help you move and an EARLIER date if he does.... Read More

Just follow the law: send her notice to quit. You should be able to evict the tenant. The mortorium on evictions in Michigan has been lifted. Given the Calendar, you will not be able to get her out of before 9/1 but rent for August is due. If she does not pay, you can deduct the August rent from her security deposit after she moves out. Remember to scrupulously account for any deductions.   I hope this helps.... Read More

You are best served sending a writing to the realtor advising them to cease all sales and marketing on the property and that if the conditonal lease does not close within 30 days, they are terminated. What you want to avoid is a situation in which they can claim they earned their fee and you did not get the tenant. Did you specifically authorize the realtor to lease the property? Did the realtor advise you of their intention to list the property for rent? Were their conditions on the rental (do you have the right to approve or deny any tenant? can you do so unilaterally?)? If you feel the realtor's actions are eggregious, you can report them to the state but unless the claim is backed by hard facts, the state will do very little. It is hard to advise you without seeing your listing agreement. Also, are you working with the broker or an agent. One day you might just sell your house and telling the broker that they have lost you as a client is not something they like to hear. If all else fails, you can have counsel send a letter but this is not a fact situation that will do much other than cost you a lot of money.   Good luck!... Read More

Hello!  You should contact your landlord and file a complaint with your landlord.  You have a right to enjoy your home.  Also, it's illegal to smoke indoors in CA.  Your best option is to review your lease and take the issue up with your landlord.  You may also want to consult with a real estate attorney well versed in landlord-tenant law.  Good luck!   This answer is not legal advice and no attorney-client relationship is formed by the answer provided here.... Read More

You may want to sit down with a landlord-tenant attorney to draft up a letter to your son's friend.  You generally need to give him reasonable notice and ability to remove his things.  If he refuses, then it can be abandonment.  The specifics of how this all plays out and what would be needed for your particular situation would need to be addressed in a formal consultation with an attorney.  Here is a link to a helpful article. Best of luck. https://www.nolo.com/legal-encyclopedia/handling-tenants-abandoned-property-ohio.html    ... Read More

You say that you didn't sign up for any further obligation.  If that is true, you have no further obligation.  But many leases have a  provision that says that a guarantor's obligation remains on any extension or modification of the lease, and that he/she waives the righrt to notice of any such extension or modification.  If you read the loriginal aase that you co-signed carefully, I believe you will find that it provides for your continuing obligation under those circumstances.... Read More