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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 - Page 15
Do you have any Landlord And Tenant questions page 15 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.
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Recent Legal Answers

What can I do when the tenants broke the contract, demage the house and wants receive ! month deposit they Did

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You shoud not be renting property as a landlord if you don't know what you are doing or can't deal with the stress of it. You need to retain, at some expense, a landlord attorney ASAP. 
You shoud not be renting property as a landlord if you don't know what you are doing or can't deal with the stress of it. You need to retain, at some... Read More

What can I do about untrue claims on a security deposit?

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
YOu can hire a lawyer to sue over this and try to force the LL to reimburse legal fees if you win. Otherwise, there is no real incentive for the LL to negotiate as they are just giving you your own money back if you win. The exposure to legal fees is the only thing that changes that equation. ... Read More
YOu can hire a lawyer to sue over this and try to force the LL to reimburse legal fees if you win. Otherwise, there is no real incentive for the LL... Read More

Can I sue my ex-landlord for turning the water off while I was living at her house

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. The bigger issue the eviction on your record if you calim it was not a proper eviction.
Possibly. The bigger issue the eviction on your record if you calim it was not a proper eviction.

I need info on how to get rid of my daughter's squatting boyfriend before my Landlord finds out and Evicts Me

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
Ummm 5 years is a little late to cry foul now....no? You brought all this on yourself by allowing this to start 5 years ago. Now the remedy is to spend a bunch of money hire a lawyer to sue for the removal the BF AND your daughter. Why? Because if she is a resident she has every right to have guests as she chooses and can simply keep inviting him to stay. You need to jettison both. There is no short cut here.... Read More
Ummm 5 years is a little late to cry foul now....no? You brought all this on yourself by allowing this to start 5 years ago. Now the remedy is to... Read More

Can a rental background check that finds one arresst with adjudication withheld turn down a rental application?

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
Sure. They are not required to rent to you. What they can't do is unlawfully descrminate against you if you are in a protected class. By example, some criminal arrests might be suspect if they were nominal like weed possession for young black males applying. Why? Because there might be a disproportionate impact on your black males renting based on claims of racial profiling for such charges per HUD. In contrast, if you had a crack cocaine arrest or methamphetimine, sexual assault, burglary, etc........its the landlords call. ... Read More
Sure. They are not required to rent to you. What they can't do is unlawfully descrminate against you if you are in a protected class. By example,... Read More

Do I have the right to insist on one of my three options?

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The answer is...NO. Unless working ice maker is specified in the lease, this is a non-issue regarding a rental. If the LL is "unreasonable" in your eyes, the remedy is to not renew the lease and move out. 
The answer is...NO. Unless working ice maker is specified in the lease, this is a non-issue regarding a rental. If the LL is "unreasonable" in your... Read More

Tenants rights when sewage backs up

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No. The remedy is provided under Fla. Stat. 83.56. Sge gets a rent abatenent and the right to terminate the lease andmove if the LL doesnt make the repairs. 
No. The remedy is provided under Fla. Stat. 83.56. Sge gets a rent abatenent and the right to terminate the lease andmove if the LL doesnt make the... Read More

Is my landlord in the wrong?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   2 Answers
Without looking at the lease and other communications which is the forst step, it is impossible to tell.
Without looking at the lease and other communications which is the forst step, it is impossible to tell.

Can I be evicted for refusing to sign application and new lease with new owners, when my current lease is still in effect?

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Generally the old lease survives the sale and new owner must abide it. That said, its a good bet you are moving out in June. 
Generally the old lease survives the sale and new owner must abide it. That said, its a good bet you are moving out in June. 

What are my Tenant rights due to flood no fault of mine.

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you did not have renters insurance, these are not generally viable claims otherwise. Just because the pipe broke does not make the landlord liable for the damages, especially if its an inaccessible pipe for inspection. You may want to verify that the LL insurance carrier is not covering the damages as opposed to the LL telling you that, to make sure thats true. You have the legal right to sue, but you will likely  spend as much on pursuing a lawsuit as the damages you are claiming. ... Read More
If you did not have renters insurance, these are not generally viable claims otherwise. Just because the pipe broke does not make the landlord liable... Read More

I am a tenant in a new lease that's in an abusive relationship to which I'm carefully trying to kick him out. How can I evict him or what are my right

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
YOu will likely need to retain a LL lawyer to sue for his removal and possibly a restraining order. THis is NOT a DIY project as this can easily blow up into a horrible mess where BOTH of you get evicted by the landlord. 
YOu will likely need to retain a LL lawyer to sue for his removal and possibly a restraining order. THis is NOT a DIY project as this can easily blow... Read More

Can an apartment complex charge you a "facilities fee" that is insurance on the physical structure of the apartment building?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
You must check your lease is your first step
You must check your lease is your first step

Who is responsible for property water damage

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless you have the PM admitting that this was "thier fault" and something "they thought they had fixed" the starting point is going to be its your responsibility if you were there for two nights before this happened or it happens after you take possession. That doesn't mean you did anything wrong, BUT, that you claim "you heard" the prior tenant put baby wipes down the drain is not useful. Typically the plumber might have a better idea of the problem if there was a clog. Equally, something is wrong with the volume of water you describe as a clogged toilet will only dump 2 gallons of water onto the floor. Your starting point is a renters insurance claim. A claim against the LL is going to be expensive and not financially productive if they dispute it. ... Read More
Unless you have the PM admitting that this was "thier fault" and something "they thought they had fixed" the starting point is going to be its your... Read More

When does a landlord need to submit rent increases in writing?

Answered 5 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are month to month the LL can change the rate and terms every month to whatever they want. You either pay or you move out. Your age or circumstance are of no issue. If you can't afford to stay you hhave to move someplace you can afford. 
If you are month to month the LL can change the rate and terms every month to whatever they want. You either pay or you move out. Your age or... Read More

are you a good attorney in the west hartford ct area?

Answered 5 years and 2 months ago by attorney Hon. Max L Rosenberg   |   1 Answer
Are you a landlord looking for legal counsel?
Are you a landlord looking for legal counsel?

Am I supposed to pay rent to a realty agent for the buyers?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
Often a fraud.. ASk for proof. Contact owner   Check public records to see if sold
Often a fraud.. ASk for proof. Contact owner   Check public records to see if sold

can the landlord $100 per month increase be reduced by housing authority or the courts in Broward County, Florida?

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
Unless the lease is pursuant to some government agreement or authority, there is no government authority and  no authoruty that governs leases.   Court cases take months to decide and it does not sound like anything is improper
Unless the lease is pursuant to some government agreement or authority, there is no government authority and  no authoruty that governs... Read More

About lease

Answered 5 years and 2 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
You are month to month so he can tell you that you have to go and he is not allowing you to stay. You do not have the benefit of a month because you never paid.   I do not know how the moratorium affects this 
You are month to month so he can tell you that you have to go and he is not allowing you to stay. You do not have the benefit of a month because you... Read More

Our landlord assaulted us, I have it on video, police came, we didn't press charges, can we still press charges now?

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
This is a classic extortion issue. You should have prosecuted then and doing so now, because you want something from the LL may be an issue. You can always try but don't be surprised if law enforcement is not enthusiastic. 
This is a classic extortion issue. You should have prosecuted then and doing so now, because you want something from the LL may be an issue. You can... Read More

What happens if the sheriff cannot reach the landlord on the day a RIT existing executed

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nothing. The landlord is not required to be physically present, through they usually make arrangement for someone to be there in case they want to change the locks etc.
Nothing. The landlord is not required to be physically present, through they usually make arrangement for someone to be there in case they want to... Read More

I suspect a bad case of black mold exists under the floor of the townhouse i rent for $1350 a month can i break my lease as a result

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No- you can never properly terminate a lease on bare suspicion. You will need to hire a licensed mold assessor to determine if there is mold. As to the 7 day notice, your best bet is to hire a lawyer to send it so they take it seriously. Bear in mind that you will need to terminate the tenancy on the 8th day and move out if they don't make the repairs. ... Read More
No- you can never properly terminate a lease on bare suspicion. You will need to hire a licensed mold assessor to determine if there is mold. As to... Read More

Mold in the property

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
A case to do what? If you are looking toevict, this is an issue you need to address with a landlord lawyer you retain for that purpose. Evictons, contrary to popular belief, are not a DIY project. 
A case to do what? If you are looking toevict, this is an issue you need to address with a landlord lawyer you retain for that purpose. Evictons,... Read More

We have not breached the landlord/tenant agreement but he won’t refund deposit

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Your deposit does not get addressed until after you vacate the property per Fla. Stat. 83.49. 
Your deposit does not get addressed until after you vacate the property per Fla. Stat. 83.49. 

Can court-ordered eviction notice be expedited in Spring Hill, FL

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no expedited evictions beause they are already expeditied, per Fla. Stat. 51. You will need to retain a landlord lawyer to handle this properly as with the COVID there is a strong chance they might be able to say the right things and stay several more months without payment at all if you botch things up. Candidly if they were damaging the house you missed an opportunity to evict them long ago and you don't want to make that mistake again. ... Read More
There is no expedited evictions beause they are already expeditied, per Fla. Stat. 51. You will need to retain a landlord lawyer to handle this... Read More

Can I dispose of stuff left by tenant after eviction?

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a LL lawyer to review your lease and Fla. Stat. 715. You should have put all the stuff to the curb when the Sheriff executed the writ. Now you likely have to go through the 715 notice process depending on the lease terms. 
You will need to retain a LL lawyer to review your lease and Fla. Stat. 715. You should have put all the stuff to the curb when the Sheriff executed... Read More
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