Landlord And Tenant Legal Questions

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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 19
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Recent Legal Answers

It would depend on the terms in your lease.  The lease is like a contract between you and the landlord and if it includes express terms, i.e, terms in writting, the courts normally strictly enforce those terms unless they are illegal.  However, if you did not renew the lease,and remain in the tenancy, you become a hold-over tenant and the lease becomes a month-to-month lease.  If you did, in fact, not hold over (by even a day) you may not be respsonble for the month's payment.  Again, not knowing the exact terms of the lease, it is had to say.... Read More
It would depend on the terms in your lease.  The lease is like a contract between you and the landlord and if it includes express terms, i.e,... Read More
Sorry- but no one will buy that story. Mice don't crack glass stove tops. Moreover, since thats what you claimed, if extermination is your obligation under the lease - then you get the double whammy. Unlike apartments, house rentals can place that burden on tenants per Fla. Stat. 83.51(1) ... Read More
Sorry- but no one will buy that story. Mice don't crack glass stove tops. Moreover, since thats what you claimed, if extermination is your obligation... Read More
With the "narcissist" tag, its a fair bet this is a romance gone bad. Unfortunately, that means nothing to the LL since BOTH of you are on the lease. Since he is on the lease he has full rights to do as he pleases within the confines of the lease, as do you. Its simply not YOUR house, nor do either of you have a right to control the other in that regard, inlcuding permission from one or the other to have guests. So, if you "ran him off" you got what you asked for but not what you wanted. If he is on the lease BOTH of you owe the full rent to landlord and equally BOTH of you are subject to being sued for damages and eviction if that doesn't happen. Since you remain there then YOU will need to pay for the full rent to the landlord, unless the landlord allows otherwise. At the end of the lease you renew with just you on the lease. ... Read More
With the "narcissist" tag, its a fair bet this is a romance gone bad. Unfortunately, that means nothing to the LL since BOTH of you are on the lease.... Read More
The roommate could keep the deposit or sue you for last month
The roommate could keep the deposit or sue you for last month

how do I eject/evict someone from my home

Answered 5 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to retain a LL attorney to make this is halded properly. You can use the find a lawyer fature to locate one near you. 
You will need to retain a LL attorney to make this is halded properly. You can use the find a lawyer fature to locate one near you. 

Noisy neighbor and Use of marijuana

Answered 5 years and 11 months ago by attorney Louis A. Russo   |   1 Answer
The answer depends upon what is in your lease.  You might consider hiring an attorney to review the lease and potentially negotiate a resolution with your landlord.
The answer depends upon what is in your lease.  You might consider hiring an attorney to review the lease and potentially negotiate a resolution... Read More
If you signed a lease you made a contract and are bound by it. You don't get to not take possession aand not pay and then claim your own breach of the agreement as a means to get out of the deal. Fl. Stat. 83.57 sets out the LL options when a tenant breaches a lease. Your better bet may be to go forward with the lease as intended, move yor things there, and then deal with the closing. Your closing issues are not the concern of the LL. ... Read More
If you signed a lease you made a contract and are bound by it. You don't get to not take possession aand not pay and then claim your own breach of... Read More
No. Thats exactly why they have written contracts. You will need to work this out with the LL if possible. stay where you are until the lease ends,  or simply take the risks of breaking the lease. 
No. Thats exactly why they have written contracts. You will need to work this out with the LL if possible. stay where you are until the lease... Read More

My landlord through out all my stuff without eviction.

Answered 5 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If hes supposedly asking for sex for rent, that presumes you aren't paying money for rent and are behind. From your description the first thing to do is move out and get away from the creeper. Then you can retain a tenant lawyer to review the issues and sue the LL. THere is no lawsuit against the cops. Especially on "he said-she said" issues and coming from a tenant behind on the rent, as that will severely damage your credibility. ... Read More
If hes supposedly asking for sex for rent, that presumes you aren't paying money for rent and are behind. From your description the first thing to do... Read More

How long can we keep our stuff there legally

Answered 5 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You need to get your things immediately. You can rent a storage unit if need be in the mean time. It can't be that much stuff, it was a single room you rented. You can deal with the claim of contructive eviction afterwards. You will need to retain a tenant lawyer for that issue. We do offer free consultations on such cases if you would like to call our office at 813-243-9233. ... Read More
You need to get your things immediately. You can rent a storage unit if need be in the mean time. It can't be that much stuff, it was a single room... Read More
You need to evict them if you want to prevent them from living their rent free.  The summar process can be technical and complicated if you have never handled it before.  I highly reccomend consulting with an attorney that has experience in this area of law.  My office routinely handles such matters and would be happy to speak with you.  I wish I could tell you it is as easy as changing the locks on the door but that is not the case.  If you do something like that you may face cvil and/or criminal penalties. Please feel free to give us a call at 203.870.6700 to speak with Attorney Christopher Hite  who can answer further questions about the process.... Read More
You need to evict them if you want to prevent them from living their rent free.  The summar process can be technical and complicated if you have... Read More
Sorry - the LL didn't deny you anything. YOU did by locking your self out. If it was an emergency - you could have called a lock smith and had them come out and open the lock.  No laws were broken under the facts presented. If taking medication is that time sensitive then you need to make plans for such contingentcies or be extr adiligent not to lock yourself out.... Read More
Sorry - the LL didn't deny you anything. YOU did by locking your self out. If it was an emergency - you could have called a lock smith and had them... Read More

Eviction for non payment

Answered 6 years ago by attorney Louis A. Russo   |   1 Answer
Courts are not excepting evection actions at this moment. You might consider hiring experience counsel to send a demand letter to strongly encourage them to pay back rent as we wait for the courts to open.
Courts are not excepting evection actions at this moment. You might consider hiring experience counsel to send a demand letter to strongly encourage... Read More

Can my landlord go off our old lease if he didnโ€™t bring us a new one to sign?

Answered 6 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
In order to answer the question, a lawyer would need to review the lease.  It may have an automatic renewal clause
In order to answer the question, a lawyer would need to review the lease.  It may have an automatic renewal clause
This is going to depend on the language of the lease. While he can't record inside your premises, recording the door itself is likely permissible. If he has language in the lease about excessive guests then he may be able to begin an eviction. It is more likely that he is attempting to establish that there are other people living there, which would likely be a breach of the lease.... Read More
This is going to depend on the language of the lease. While he can't record inside your premises, recording the door itself is likely permissible. If... Read More
It's not clear from your question that she removed the truck or had someone else remove it. If she did, and you were lawfully keeping your truck there, then yes you could sue her for taking the truck. The cause of action would be conversion.
It's not clear from your question that she removed the truck or had someone else remove it. If she did, and you were lawfully keeping your truck... Read More
A lot depends on the nature of your agreement.. whether it ia written lease, oral lease, simply a rental from day to day.
A lot depends on the nature of your agreement.. whether it ia written lease, oral lease, simply a rental from day to day.

Received final notice for eviction

Answered 6 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   2 Answers
Not at this time.
Not at this time.

How can I get legal help when I am being sued by a mobile home association?

Answered 6 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   2 Answers
You can legal help by retaining an attorney and compensating the lawyer for the time spent
You can legal help by retaining an attorney and compensating the lawyer for the time spent
If there is no written lease then she is by default a month to month tenants. You will need to give her 30 days notice that you are cancelling the lease, and then give her a three-day notice to vacate. If she doesn't leave, then you can file an eviction complaint with your local court.
If there is no written lease then she is by default a month to month tenants. You will need to give her 30 days notice that you are cancelling the... Read More

Realtor ignoring its client.

Answered 6 years ago by attorney Mark Tischhauser, Esq.   |   2 Answers
Your post makes little sense making it impossible to determine what the issue is. If you have a lease they cannot artitrarily increase thesecurity deposit unless the lease provides otherwise. IF you are a monthto month tenant, every month is a new term and that includes security deposit amounts. Beyond that I am not sure why there is this flurry of call and emails that need to be repsonded to and it certainly seems that YOU are not the realtors client, its more likely the property owner is. ... Read More
Your post makes little sense making it impossible to determine what the issue is. If you have a lease they cannot artitrarily increase thesecurity... Read More
What is the fee for?  Did they give any explantaion or site to any section of the lease of any other document to justify it?
What is the fee for?  Did they give any explantaion or site to any section of the lease of any other document to justify it?

President said no evictions?

Answered 6 years ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
The federal prohibition on evictions applies ONLY to HUD backed rentals (Section 8). Any other landlord can operate business as usual.
The federal prohibition on evictions applies ONLY to HUD backed rentals (Section 8). Any other landlord can operate business as usual.

Ongoing water leak

Answered 6 years ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
Your best bet is to deposit your rent with the court until the landlord makes the necessary repairs. Under Ohio law, you cannot withhold rent for defects, but you CAN put them on notice (which you did) of the defect and give them thirty days to repair it. If they don't repair it within that time period, you can deposit your rent monthly to the courts rather to the landlord. The landlord then has to petition the court to retrieve teh money with proof that they actually remedied the issue. The court can also withold some of the money for breaching your right to quiet enjoyment of the premises due to the water leak from teh upstairse bathroom.... Read More
Your best bet is to deposit your rent with the court until the landlord makes the necessary repairs. Under Ohio law, you cannot withhold rent for... Read More

What can I do about being threatened with eviction??

Answered 6 years ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
It depends if the rental is federally backed. There is a temporary ban on federally backed (HUD, Section 8, etc.) rental properties conducting evictions. If the rental unit is NOT federally backed then your landlord can begin eviction proceedings.
It depends if the rental is federally backed. There is a temporary ban on federally backed (HUD, Section 8, etc.) rental properties conducting... Read More