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 6
Do you have any Landlord And Tenant questions page 6 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.

Recent Legal Answers

WHO IS RESPONSIBLE?

Answered 2 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. You will spend a good bit of money on the effort so be prepared for that financially. The issue will likely focused on what changes occurred in past 6 years as you have been there for 33. If this is mostly about hurricane level flooding, you will have a much harder case to prove. This sounds like a grading problem. ... Read More
Possibly. You will spend a good bit of money on the effort so be prepared for that financially. The issue will likely focused on what changes... Read More
Unless the lease says otherwise - there is no "part" of a lease. You are BOTH fully liable as tenants. 
Unless the lease says otherwise - there is no "part" of a lease. You are BOTH fully liable as tenants. 
For reporting what? You can file a complaint with the EEOC but there is no way to respond to such a vague post with conclusory statements. 
For reporting what? You can file a complaint with the EEOC but there is no way to respond to such a vague post with conclusory statements. 

evict my ex partner from the house

Answered 2 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If its his house - its his house. You have no right to stay in HIS, house. If you are also a deed owner of the house, then the cannot evict you, but would have to sue for partition. 
If its his house - its his house. You have no right to stay in HIS, house. If you are also a deed owner of the house, then the cannot evict you, but... Read More
If the property management company begins eviction proceedings today, they will not have a hearing until after you have moved out on July 21st.Your landlord is entitled to a writ of possession, an award of damages for the one month's rent you failed to pay, attorney fees, and court costs.  At the end of a lease term, your landlord has the option of not renewing or of allowing you to remain as a holdover tenant month-to-month.  Either party is entitled to give 30 days advance notice to end the tenancy, which your landlord did when it gave you notice on June 20th that you needed to vacate the premises by July 31st.  When you move out, you should, not are not required, to provide to your landlord written notice that you are surrendering possession of the premises to the landlord as of July 22, 2023, along with your new address.  If you provide your landlord written notice of your new address, your landlord must refund your security deposit, less any repairs to the premises of which the landlord must provide you notice, within thirty days.  It is common, but not required, to schedule a walk-through when you surrender possession so that any damage can be assessed and compared to what was reported as already being present when you moved in.  It is advisable that you take a number of photographs depicting the condition of the premises once you have removed all of your belongings and thoroughly cleaned the premises to use as evidence in case you encounter any problem with your landlord refunding your security deposit.Do not--under any circumstances--suggest that the landlord keep your security deposit in lieu of your last month's rent.  This is a statutory violation that may subject you to additional penalties.... Read More
If the property management company begins eviction proceedings today, they will not have a hearing until after you have moved out on July 21st.Your... Read More
Dear Laurie, Rent cannot be raised after it is signed unless there is language in the lease saying so. Most leases do not permit this. Trying to force you to pay more rent over a signed lease is illegal. sincerely Gilbert Borman
Dear Laurie, Rent cannot be raised after it is signed unless there is language in the lease saying so. Most leases do not permit this. Trying to... Read More

Do I have a chance on winning?

Answered 2 years and 10 months ago by Melanie L Ryan (Unclaimed Profile)   |   1 Answer
I don't think this is a banking law question, but more of landlord tenant.  If you are interested in representation, you can call 917-346-6547.    
I don't think this is a banking law question, but more of landlord tenant.  If you are interested in representation, you can call... Read More

How should i proceed with this matter>

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
Landlords can be accountable for damages as a result of CO poisoning. The landlord's notice to quit is a further breach of the lease. You will definitely need legal representation to assert any claim against the LL. Please be in touch if I can be of assistance. Gilbert Borman 248.353.5555
Landlords can be accountable for damages as a result of CO poisoning. The landlord's notice to quit is a further breach of the lease. You will... Read More
No. The lease terms are what they are. BOTH sides are bound to honor them. You cannot withhold rent without inducing an eviction.
No. The lease terms are what they are. BOTH sides are bound to honor them. You cannot withhold rent without inducing an eviction.

Landlord has not made any repairs

Answered 2 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
If you are MTM tenants, as it seems, you have few real "rights" other than to terminate the tenancy and move elsewhere if you can find better. If you husband was afforded a discount as an employee, the LL is entitled to seek full market rate when he isnot. 
If you are MTM tenants, as it seems, you have few real "rights" other than to terminate the tenancy and move elsewhere if you can find better. If you... Read More

Can my landlord keep my childrenโ€™s bike?

Answered 2 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Possibly. Depends on the terms of the lease and circumstances. Try calling law enforcement to see if they get the bikes returned.
Possibly. Depends on the terms of the lease and circumstances. Try calling law enforcement to see if they get the bikes returned.
If you comply with Fla. Stat. 934 you can use security video like a ring or canary for this purpose. Make sure you get a lawyers approval before you do so. 
If you comply with Fla. Stat. 934 you can use security video like a ring or canary for this purpose. Make sure you get a lawyers approval before you... Read More

Is this retaliation and can we fight it

Answered 2 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no "we" in the equation. Sounds like you poisoned the pool for your parents with your interaction with the LL. There is no requirement that the LL renew an existing lease for any reason.  Your parents will need to retain a lawyer if they have any specific issues or need to interact with the LL on the issue.... Read More
There is no "we" in the equation. Sounds like you poisoned the pool for your parents with your interaction with the LL. There is no requirement that... Read More

who is responsible for my damaged vehicle?

Answered 2 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You dont relate how the rap artists did the damage nor why? Did you call the police when it occurred? What does the PM for the apartment say?
You dont relate how the rap artists did the damage nor why? Did you call the police when it occurred? What does the PM for the apartment say?

do you have any pro bono attorneys

Answered 2 years and 10 months ago by attorney Gilbert Borman   |   1 Answer
If you are in need of a lawyer, most courts, depending on where you are will provide you an attorney. You can also contact Michigan Legal Services.
If you are in need of a lawyer, most courts, depending on where you are will provide you an attorney. You can also contact Michigan Legal Services.

can my landlord increase my rent 200.00 dollaresa mounth

Answered 2 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Yes. Either when the lease is renewed or with notice on a MTM basis. That you have lived there for 10 years and are on a fixed income is not the LL's concern.
Yes. Either when the lease is renewed or with notice on a MTM basis. That you have lived there for 10 years and are on a fixed income is not the LL's... Read More
OK, the lease is in YOUR name, it either permits pets or not. Even if the lease permits pets, if there is a written lease to the subtenant giving you the right to allow pets or not, it is still your choice. If the sublease is silent about pets, you are still the tenant of record. The landlord has no right to alter the lease without your written permission, nor does your subtenant. Best to put it in writing to both LL and subtenant that you don't want pets and, if for any reason pets do appear, you reserve a right to charge a cleaning fee on moveout and an additional monthly fee to the subtenant for damage and cleaning. Good luck.... Read More
OK, the lease is in YOUR name, it either permits pets or not. Even if the lease permits pets, if there is a written lease to the subtenant giving you... Read More
Unfortunately, YOU are responsible. Unless there is a room mate contract between you, you are generally stuck paying the rent with no recource. You can later try to sue the ex-room mate for thier share paid on thier behalf, but in most instances you spend the money you are fighting over in court so its not productive. ... Read More
Unfortunately, YOU are responsible. Unless there is a room mate contract between you, you are generally stuck paying the rent with no recource. You... Read More
Roosters cannot be "service" animals under the ADA. This sounds like a bogus ESA claim with a rent a doc online or a physician callously handing out such letters. Your remedy would be to sue the LL and the tenant for the nusiance enforcement. This would involve some significant litigation expense and you would need to retain a lawyer to pursue a lawsuit properly. ... Read More
Roosters cannot be "service" animals under the ADA. This sounds like a bogus ESA claim with a rent a doc online or a physician callously handing out... Read More
Unless you are on the lease it is a really bad idea to have your money as the security deposit for other people. If damage happens, however it happens, the landlord will look to your security deposit to do the repairs and there is nothing you can do about it. Even if you have a writing from the other tenants promising reimbursement, you still have to collect from the others. Hard to do. Best for them to have their own lease and their own security deposit.... Read More
Unless you are on the lease it is a really bad idea to have your money as the security deposit for other people. If damage happens, however it... Read More
Its too late. Unless the LL is wiling to let her stay or there is some other legal defense, if you don't pay the rent inside the 3 day notice, the landlord is entitled to sue for removal on the 4th day. Even paying the rent owed at that point does not change the landlords right to eviction. This all a matter of trying to work it out with the LL through some form of settlement. ... Read More
Its too late. Unless the LL is wiling to let her stay or there is some other legal defense, if you don't pay the rent inside the 3 day notice, the... Read More

Is intent to renew binding?

Answered 3 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely. An agreement to make a lease in the future is not a lease. 
Not likely. An agreement to make a lease in the future is not a lease. 
Not the facts provided, NO. The remedy would have been to terminate the tenancy and move out. 
Not the facts provided, NO. The remedy would have been to terminate the tenancy and move out. 
Landlords have 30 days to mail the notice of claim against a security deposit per Fla. Stat. 83.49
Landlords have 30 days to mail the notice of claim against a security deposit per Fla. Stat. 83.49

How do I get a tenant out that's 2 months behind on rent?

Answered 3 years ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
Even if a written lease does not exist, a Notice to Vacate is required.  Once proper notice has been provided pursuant to the Landlord Tenant Act, you may then file a LT Complaint for eviction in your local Magisterial District Justice.  I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
Even if a written lease does not exist, a Notice to Vacate is required.  Once proper notice has been provided pursuant to the Landlord Tenant... Read More