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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 18
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Recent Legal Answers

What do I have to do to legally make her move?

Answered 5 years and 8 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
You can evict her. But you must first give her a 30-day month to month termnination notice, followed by a 3-day eviction notice. Please let me know if you would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law
You can evict her. But you must first give her a 30-day month to month termnination notice, followed by a 3-day eviction notice. Please let me know... Read More

landlord rights

Answered 5 years and 8 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
I would argue that he has abandoned the property.  He clearly hasn't cared about it for months, and now wants it back. The question is do you really care?   Have you tried to relet the premises? Does he owe you rent? Please let me know if you would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law... Read More
I would argue that he has abandoned the property.  He clearly hasn't cared about it for months, and now wants it back. The question is do you... Read More

Hello I have had a ongoing issue with my apartment manager with her calling me numerous times while I am at work and also coming over to my door and k

Answered 5 years and 8 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
Yes, you have rights. As you and I discussed by phone, I stand ready to assist you. I think we can put a stop to this quickly through a letter to the landlord, advising her of her breach of the lease (right of quiet enjoyment) by harrssing you. Once again, please let me know if you would like me to assit you with this. Best, Stephen H. Jett 440-821-8515 sjett@jett.law... Read More
Yes, you have rights. As you and I discussed by phone, I stand ready to assist you. I think we can put a stop to this quickly through a letter to... Read More

how to keep my family safe?

Answered 5 years and 8 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
You  can contact the polie or 911and you can seek a restraining order
You  can contact the polie or 911and you can seek a restraining order

What can I do if American homes 4 rent leased a home to my husband and myself. My husband was the primary on lease .but broken lease on my credit only

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Nothing since BOTH of you would be on the hook to the LL and they control what they report or dont. You need to have this addressed by your divorce lawyer. 
Nothing since BOTH of you would be on the hook to the LL and they control what they report or dont. You need to have this addressed by your divorce... Read More

How to evict a monthly renter?

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
She will have to HIRE a landlord lawyer to handle an eviction, especially with the CV-19 complications. 
She will have to HIRE a landlord lawyer to handle an eviction, especially with the CV-19 complications. 

How do I get an unwanted guest out of my home that's all pay pay rent nothing all he does run in and out of the house does nothing to help me food or

Answered 5 years and 8 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
File a complaint for eviction against them. You will need to give them a three day notice and file after they refuse to vacate.
File a complaint for eviction against them. You will need to give them a three day notice and file after they refuse to vacate.

Can a tenant sue me for sending pictures of damage that they did to my house to the people that they’re renting from now

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. You will need to be prepared for that potential at any turn
Possibly. You will need to be prepared for that potential at any turn

I notified the major tenant on her lease that I was moving out

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
They answer here is simple. Have someone else pick up your stuff - or pay rent in both places unitl you get sorted. Otherwise you may find your stuff junked in the street with little real recourse.
They answer here is simple. Have someone else pick up your stuff - or pay rent in both places unitl you get sorted. Otherwise you may find your stuff... Read More

we rented a home and the landlords were videotaping my minor children in the pool without permission.

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes this is an invasion of privacy issue. Whether its worth pursing depends on the goals, whether you are willing to spend money on legal fees and the damages actually incurred. 
Yes this is an invasion of privacy issue. Whether its worth pursing depends on the goals, whether you are willing to spend money on legal fees and... Read More

I am a tenant. My landlord has a handy man here He wants to use my 40 foot ladder and he wears flip flops. If he falls who will he sue ?

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
The answer is simply NO. For the liability reasons you described. 
The answer is simply NO. For the liability reasons you described. 

Can a tenant deny owner permission to show home during Covid

Answered 5 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
No - especially if its a ploy to frustrate the sale. Per Fla. Stat. 83 you must provide reasonable access for a variety of situations, sale being one. Otherwise, you will need to plan on spending a good deal of money on a lawyer trying to prevent an eviction from being filed. If you have an autoimmune disease, your better remedy will likely be working out a lease termination through legal counsel and going from there. ... Read More
No - especially if its a ploy to frustrate the sale. Per Fla. Stat. 83 you must provide reasonable access for a variety of situations, sale being... Read More

Possible fake eviction notice during the Coronavirus

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is alwaays a chance. You will need to retain a tenant lawyer ASAP to sort this out. 
There is alwaays a chance. You will need to retain a tenant lawyer ASAP to sort this out. 

Tenant stopped paying rent after March 31, 2020, refused to pay or leave property.

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You should have terminated the MTMN tenancy months ago. Not hiring a landlord lawyer just cost you dearly as you will likely never see the money at issue and you are now in damage control mode to avoid losing more. You need to RETAIN not "consult with" a landlord lawyer ASAP. 
You should have terminated the MTMN tenancy months ago. Not hiring a landlord lawyer just cost you dearly as you will likely never see the money at... Read More

Is it illegal for a landlord to place hidden cameras or devices in the personal space bedrooms bathrooms,shower areas

Answered 5 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry - but this post read more that there are mental health issues than landlord tenant ones. That stated, generally no a landlord cannot place such devices in a residential rental. That the landlord is your mother is a different issue entirely however and injects other factors. The remedy is simple regardless - move out to a place on your own where you are not renting from your mother, There be no survellienace devicies nor requirement that you interact with her if you don't want to. ... Read More
Sorry - but this post read more that there are mental health issues than landlord tenant ones. That stated, generally no a landlord cannot place such... Read More

illegal eviction

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
The problem is that there are few if any tenant lawers, we are one of the few, and thats because most people expect to hire a tenant lawyer like a car accident lawyer, where it costs nothing unless you win. If the LL is intent on evciting you, your best bet is lawyer up befoe hand to hoefull keep her from filing, as the mere filing of the eviction can damage your ability rent in the future.... Read More
The problem is that there are few if any tenant lawers, we are one of the few, and thats because most people expect to hire a tenant lawyer like a... Read More

How should I begin the process of removing an occupant from a home as I take possession after a foreclosure sale.

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
If the owner hasn't vacated then you will need to file a writ of possession in the foreclosure case. You will need to use a lawyer for this as you are an LLC, and outside of small claims you can't represent the company. There is a three day notice provision that you will have to serve on the former owner, and then you can proceed with your writ. The process is very similar to how an eviction works.... Read More
If the owner hasn't vacated then you will need to file a writ of possession in the foreclosure case. You will need to use a lawyer for this as you... Read More

Can I be forcibly removed?

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
If your friend has already moved out then you should apply to rent the apartment. If either your friend or the landlord are seeking your eviction, they can certainly do that since you aren't on the lease.
If your friend has already moved out then you should apply to rent the apartment. If either your friend or the landlord are seeking your... Read More

Do tentants pay utilites bills after keys and turned in and power is shut off?

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unless there was an issue where the electric bill was due to damage or cleaning the apartment, no. There is something missing here as 99% property managers will not put the power in thier name and then rack up a 100$ bill in 2 weeks and expect tenants to pay that. 
Unless there was an issue where the electric bill was due to damage or cleaning the apartment, no. There is something missing here as 99% property... Read More

Utility Charges

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
If its a bill you owe you owe what you owe. You can dispute the amount - but the best bet to protect your credit is to pay it and rety to get a refund if you overpaid. 
If its a bill you owe you owe what you owe. You can dispute the amount - but the best bet to protect your credit is to pay it and rety to get a... Read More

Is it possible to break a lease because you can not afford it anymore due to COVID-19?

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes - you can always "break" a lease. However you will owe damages under Fla. Stat. 83.595. Covid issues are NOT a defense to paying rent owed nor is the LL legally obligated to "work with you" as then your hardship becomes thiers. 
Yes - you can always "break" a lease. However you will owe damages under Fla. Stat. 83.595. Covid issues are NOT a defense to paying rent owed nor is... Read More

Can HOA evict me if I have written consent of pet from the owner? Can I sue if needed?

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. Niether you nor the owner can violate HOA rules. You need to address this with the LL and the Realtor is misleading you. They should refund your money and you need to look eslewhere. 
Yes. Niether you nor the owner can violate HOA rules. You need to address this with the LL and the Realtor is misleading you. They should refund your... Read More

Vacate property

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely. 
Not likely. 

3 day eviction

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Its impossile to answer such a broad question. While the notice may be improper, thats simply a technical issue. If you can't actually pay the rent owed DO NOT let the landlord even file an eviction as that will likely prevent you from renting any place decent in the future without paying extra. ... Read More
Its impossile to answer such a broad question. While the notice may be improper, thats simply a technical issue. If you can't actually pay the rent... Read More

Can a landlord break a one year lease 2 months later?

Answered 5 years and 10 months ago by Joseph Edwards Ashley (Unclaimed Profile)   |   1 Answer
No. Presuming your lease is in writting and conforms to Maryland statue, and as long as you have done nothing else to breach the terms of the lease, the lease remains in force until the the time it say it will be renewed.  The landlord can then refuse to renew the lease at that time.... Read More
No. Presuming your lease is in writting and conforms to Maryland statue, and as long as you have done nothing else to breach the terms of the lease,... Read More
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