Landlord And Tenant Legal Questions

Make a written demand.  If more than 30 days has elapsed since you vacated the unit and ended the lease and the landlord has not provided you with a breakdown of the security deposit you may be entitled to statutory damages. An attorney who is familliar with this are of law would be very useful to consult with.  Please feel free to contact us. ... Read More

If she is on the lease, you have no right to evict her.  Rather, your only legal solution is to not renew the lease with her. I trust this answers your question, but do not hesitate to call or email with any questions.   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

If its an apartment - the LL cannot shift certain repairs to the tenant, as opposed to a SFH or duplex. This is spelled out in Fla. Stat. 83.51. As you are now in an eviction lawsuit, you will need to spend the money to hire a lawyer to defend that lawsuit and address those issues with the LL. This is not a DIY job as you already have done some damage with allowing the eviction lawsuit to get filed. ... Read More

You should have hired a lawyer immediately when the lawsuit was filed. We can certainly help, at least in trying to buy you some time, but much of what you may have as a defense might have been waived by your mishandling of the case. These are not contingent fee cases and you would need to be prepared to spend a good bit of money to hire a lawyer to seek an emergency hearing with the judge to stay the writ of possession if some error has occurred. You can contact our office at 813-243-9233 if you wish to discuss further. ... Read More

Hello, Unfortunately, with you not being married, your right to stay on the property is extremely limited (assuming it's solely in his name). Unless you have a contract or lease with him, he can simply give you a notice to vacate, and if you fail to leave, he can begin eviction proceedings against you. The notice to vacate must give you three days to leave before he can file an eviction suit and then you have at least 10 days after those three days until there's a hearing. Please see the following helpful link from the Texas State Law Library for additional information: https://guides.sll.texas.gov/landlord-tenant-law/eviction-process. Should you receive a notice to vacate, I would suggest talking to a lawyer, but there may not be much an attorney can do for you and you'll likely just have to vacate the premises. I will note though, that given you have 5 children together, him kicking you out may not look great to the Court if you have to go to in front of a judge for a custody dispute. Best, James... Read More

First, does the lease make you responsible for fines? Did the fines take place while you rented? Are the fines legitimate? If they aren't send a polite letter to the association and tell them that they cannot fine for something you did not do. After that, you might need legal counsel.   good luck... Read More

Once an eviction is filed, if thats what you mean by facing an eviction, you already have an eviction on your record. So the answer is "of course" and you already know why. Because its going to come up with most anyone that does a BGC or asks on an application so you might as well get it out in the open. If you have a prior eviction, you are most likely NOT going to be eligible to rent at most decent places or those with property management running them. If you fail to tell the RA that, they will likely be blindsided by it, bent you wasted thier time, and probably drop you as a client if not charge you for the effort. They will need to focus on less diligent or concerned property owners and if you are looking for inexpensive also, likely looking for more remote locations with more forgiving landlords. The more competetion for the unit, the further down you will be on the approval list.... Read More

After receiving a Judgment award in Court a Landlord can take various steps to collect the money that the Court has decided they are owed including selling your personal property to satisfy the Judgment.  They can also garnish your wages or take the funds from your bank account.  You do have defenses and exemptions to the Writ of Execution.  You should consult/retain an experienced Consumer Debt Attorney to assist to with this matter as soon as possible.  You only have a short time to protect your rights.... Read More

If you are still in the middle of a lease you could be held liable for additional months rent under the lease, even if you gave a proper 30-day notice.  Under the Landlord-Tenant Act you must give the Landlord a 21/30 day notice if the problem is something that can be fixed, which this presumably could be.  So your notice may have been defective.  If you're month-to-month and gave 30-days notice then you should be good to go, but the 30-days normally has to give until until the end of a rental period.  So if you gave yuor notice anytime in September AND you're month-to-month then that should be sufficient.  If you gave your notice anytime in October then you have to pay through the end of the next month, November. ... Read More

The home owner is dead and they are likely the landlord. As such your remedies at likely minimal unless you have the money to spend dealing a claim in probate court with a probate claim lawyer. Given the claimed condition of the property, this is an opporunity for you to terminate the tenancy and move to a better property. ... Read More

If you are still in breach of the lease, the Landlord can still move forward with eviction, however, if you have cured all breaches to the contract of lease, they are required to dismiss the case. Beware of late fees and having to pay lawyers' fees under the lease. Best to call the landlord up and tell ask them to dismiss the case.... Read More

You will need to move. If you are a month to month tenant, the LL can terminate the tenancy with 15 day written notice. If you are not on the lease but moved in with a person that was and they left, you likely have no right to stay in the property over the landlords desire otherwise. Your disability does not entitle you to stay in a property where you are not a proper tenant nor does it obligate a LL to allow your family to move in with you. You might get 1 qualified person to live with you under ADA but you will have to show a need for a reasonable accomodation and likely need a lawyer to intervene. You can try legal aid for that if necessary.   ... Read More