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Landlord-Tenant Issues

Parent Category: Property Law
The laws that are associated with the relationship between a property owner and his tenants not only change constantly, but vary considerably from place to place.
An eviction is when your landlord makes you move out of your homewithin a few days before a court hearing. The amount of time ofeviction will vary by state and this information is usually statedin the lease of the rental.
The legal occupancy limit for a one bedroom apartment in Virginiais 2 adults. It is also permissible for 2 adults and a baby tooccupy a one bedroom apartment.
It depends on (1) the laws where the apartment is located and (2)the lease contract. Most likely the laws are silent on this issue,leaving it to the negotiation between the landlord and the tenant.If so, then it will depend on the lease contract. Most leasecontracts define the term "default" to...
I am going to assume you mean "claim the repairs as a deduction onyour federal tax return." If so, the answer is generally "yes", butthe deduction could be limited in some way. Best to consult a CPAon that issue. (Disclaimer: answer not intended as legal advice.)
Send the tenant a notice that they are to move out in 30 days. Sendthe letter by return mail return receipt requested, so you have areceipt of the mailing date. If they do not move out in 30 days,you must go to the housing court in your area, and file to evictthem from the premises.
Yes--after he has obtained a civil court judgment against you.
Answer . As in many disputes, the rent money should be placed in "escrow" having the condition that the accrued amount will be distributed according to the terms ultimately determined in a future settlement or court order.
Definitely need to see an attorney about this one.
Your landlord would be wise to evict your troublesome neighbor, but he is probably not legally required to do so. However, you might be able to claim that your landlord is causing a public nuisance or violating your right to quiet enjoyment of the apartment by allowing your drunk neighbor to remain...
If you signed it, then you're entitled to a copy. If you're referring to someone else's lease, then you have no right to a copy. If someone wants to give you another person's lease, that doesn't violate any law I know of.
In most states it is illegal for landlords to raise a tenants rentduring their lease period. Where it is legal, the landlord canraise the rent based on the items that need to be fixed, or doubleit to make up for financial losses.
Some people prefer to live alone. It is also important to get a rental history established.
Moving out after your rent runs out is chancy; you may be evictedbefore you plan to move. You may also be liable for the remainderof the lease. Discuss the issue with the landlord, and you may findsome help in response to your advance notice.
I normally list all of the following types of contracts and leases on Schedule G: Residential leases (like a rental lease for where the debtor lives, EVEN IF it is only a verbal month-to-month arrangement), cell phone contracts, lot rent agreements, land purchase/sale contracts, home owners...
While renting your property, you need to ensure that your tenantsare qualified for handling or residing in your property. Screeningtenants helps you to get qualified tenants and you will get anopportunity to know your tenants better before signing lease orrental agreement.here are steps for...
If I'm understanding correctly, two were in the apartment, the landlord threw you out, and now wants to sue you for rent that the one remaining behind may have incurred. In any case, regardless as to details, if both your names were on the least, you are most likely both liable. You may consult...
The central belief in Christianity is the trust in Jesus Christ as both Lord and Savior. A good statement of the beliefs that flow from this center is contained in the APostle's Creed. " . I believe in God the Father Almighty, Maker of heaven and earth: . And in Jesus Christ his only Son our...
I don't know about this particular issue but he did do my wedding photography over a year ago. I had my worries in the planning stages, he asked for half up front and I paid him the other half the day of the wedding. However after I gave him the first half he was very difficult to get in touch...
Nothing entitles the tenant to 'break' it. But if the conditions are broke by the landlord first, or if a situation specificed in the lease comes to be that allows, one may be no longer bound by the lease. For instance, if the landlord fails to provide needed repairs, such that it is untenable to...
This probably depends on the laws of your state. In Massachusetts, there have been rulings that, if a deposit is paid by a governmental agency, the deposit gets returned to the tenant. It's likely the same result with a deal entirely between private parties. Massachusetts law specifically states...
security deposits protect the landlord if the tenant fails to pay rent or causes damage to the rental premises beyond normal wear and tear. a renter can not choose to pay rent with any portion of that deposit.
The property would pass according to the California Laws of Intestacy. You can read the law at the link provided below.
In many states it is illegal for a landlord to hold from a prospective tenant any material facts in the rental of that unit, such as that a death occurred in that unit. But the tenant would have to prove damages that resulted from the withholding of that material fact.
You may have to keep the landlord's items in your rental property.Information regarding this should be discussed in your rentalagreement.
If the space is being leased and the tenant is current they really have no business doing so. They have the right to, but as long as they give the tenant a copy of the key they can do what they want. It is their property.
Answer . It depends on what state the two 17 year olds live. They need to check to see what their state's "Age of Majority" is. Most states have laws that establish 18 years of age as the age of a person who can legally enter into contracts. If that is the case here, then it is possible to as the...
The general rule is up to two adults for each bedroom. A bedroom is a room of a least 70 square feet, with at least one window.
Legally, a land lord cannot shut off any utilities such as, electric, water, HVAC , etc.,. At least in most municipalities.
It depends on your own circumstances.
look at the rental contract or lease papers. the utility responsibilities should be listed there. many times garbage, water and sewer are included in rent. typically utilities such as electricity, cable, gas and phone are not included in the rent.
In most states, yes, but you should post your question again saying what state you are in.
No. Absolutely not. The landlord's insurance covers damage to his property only. Your property would be covered by renter's insurance. It is fairly inexpensive and well worth it for the coverage and peace of mind.
when its broke or u can prove its not working right
Since the default has nothing to do with the landlord, and is not his fault, you would be breaching the lease, and would be liable for the rent until the end of the lease, unless he rerents it.
he/she should be given at least the same length of time as a rental payment. i.e. if the rent is monthly he/she be given a month's notice, likewise if fortnightly ...two weeks notice etc.
Call the police, at least so they can document the situation.
If someone you know still lives there, you can certainly be your friend's guest. If you were evicted for some reason having to do with violence or other crime, the landlord could have gotten a restraining order preventing you from returning, but that would be unusual.
Get it in writing. By the way, your heat pump won't work if covered in snow, but then, if it's cold enough to snow, it won't work well anyway.
If you are the party making the deposit to a landlord on a short-term lease (short term leases are month-to-month and those less than 6 months in term): Debit: Current Assets:Security Deposit (Maturity Date) Credit: Bank Same as above except it is a long-term lease: Debit: Other Assets...
If properly licensed and registered with the same company - otherwise, you may have to deal with someone else within the same realtor company. Additionally, you may need to keep back up of all the negotiations and documentations made by your previous agent so that whoever will replace his/her...
It is only legal for a landlord to break his lease and evict histenant under certain conditions. The landlord must file an evictionnotice through the courts.
That depends on the laws of your state. I suggest you repost your question, indicating which state the property is in.
The basic rule is as follows: if your landlord files bankruptcy that is a matter between your landlord and his creditors, not you, the tenant. You are still required to pay rent or be evicted, as long as your landlord has control over the property. This applies to whether the landlord has filed for...
Yes, although the landlord is obligated to attempt to mitigate his loss, in this case by trying to re-rent the unit.
Some landlords perform extensive background checks on prospective tenants, some do not. Eventually, a person who has been evicted would find a landlord who does not bother. Also, explaining the situation up front might help. Whether to rent to an individual is entirely at the discretion of the...
Unless it is in the contract or required by law, the property management company is probably not required to tell the property owner if a tenant commits suicide. However, common sense and protection from possible liability would recommend that action. A death would have occurred on that piece of...
In the United States, the amount of time you must give a tenant who has not paid the lease before you evict him varies according to state law. In New York it is hard to evict a tenant. As a result, some landlords simply abandoned their buildings. In other states it is easy to change the locks and...
Yes, a seller's concession stand is taxable income. Depending onthe state that tax rate would vary. Charities are refunded taxpayments if filed under 'Unrelated Business Taxable Income '. Thisis only if all workers are volunteers.
What is the difference between a Subpoena and a Summons?
The answer is YES. My name is Manuel, and i just developed a new web-site just for landlords or anyone who rents or leases to tenants. It's new, so there are alot of changes that will be made over time. Please take a look, www.renterswallofshame.com . If anyone has any questions or comments e-mail...
Local laws and rules vary widely, but you typically have the right to written notice of the reasons, some period to correct the problems, and some date by which you must leave, all administered by a local court (or perhaps another government agency). Tenant protections often depend upon whether...
That is entirely at the landlords discretion, as long as no discrimination is involved in the decision. (Race, sex etc.)
They leased an apartment for about a year. I want the cupcake with the least amount of frosting on it.
Read your lease agreement. Find out the dates it was agreed uponto pay the rent. Go to your county and find the Landlord/Tenantlaws. If the rent is due on the 1st of each month, and the leaseagrees with a 5 day grace period. You can legally file in rentcourt the 2nd day of the month. You cannot...
Depends what and when you are trying to fix it. If it's because rent wasn't paid, then pay it. If it's because the Tenant is breaking the lease or house rules in some other way, stop breaking the lease. But it may also have to do with when you try. If you are in a "grace period" -- that means...
I don't believe any state has a limit.
Normally that relates to a commercial lease and is an amount that the landlord agrees to pay or provide value's worth to help defray the cost of building out or remodeling the space for the tenant's use. It is an amount negotiated based on market conditions.
Tortious interference means the wrongful interference with some right or economic opportunity belonging to a person which causes that person some monetary loss. It is usually used in connection with a business opportunity as where a person slanders or libels a person in order to hurt that person's...
An ingress/egress easement consists of the right to enter and depart along a right of way over the property of another. Normally you don't have the right unless the right was granted by the property owner. Easements are granted to access something, or to install or remove something. Utility...
That depends on what you mean by illegal, and what state the property is in. Many states have an 'Implied Warranty of Habitability', which means that if there are code violations in the unit, it is technically 'illegal'. Some people use 'illegal' to mean a unit which the landlord never got a permit...
Yes, if the landlord refuses or is unable to fix it. Whenconditions exist that make a unit uninhabitable, it is calledconstructive eviction. It is construed as eviction.
Until you sign a lease, you have no obligation to keep the rent at that rate. A landlord might charge one tenant $1000, and another tenant $1100, if, for instance, one was a couple, and the other was a family of five. The larger family would use more water, create more wear and tear, etc. However, a...
You cannot sue for back rent to a tenant who has sublet in the apartment, when you the landlord did not give permission for that to happen in the first place. You have the right to evict the tenant or to force the tenant not to sublet the apartment. You could write into the lease that if you tenant...
Depends. If you mean someone wanted to move out and sublet and you refused to let them sublet and they move out anyway can you sue them? It depends on whether the lease allowed them to or not. Generally a lease would have to "PROHIBIT" this; if it just says the landlord won't "unreasonably" deny...
Yes, the aggrieved person had to file eviction proceedings as if that person was the recalcitrant person's landlord.
It really depends on the circumstances of how they came on to the property. If they simply are trespassers, then the owner should simply have to call the police. If the landlord allowed them on the property, however, but won't leave, some places require a court-ordered eviction. And then again if...
The only way to legally escape the lease agreement without payingany penalties is if the roommate is committing illegal harassmentagainst you that results in a police report and restraining order.Otherwise, if it's just roommates being loud, messy, or borrowingyour clothes all the time while never...
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Depends on your lease. If the lease says something happens, then it does. If the lease is not in writing, one of a few things can happen. Nothing is one. If it's very late the landlord could ask you for something like a late fee, and you could agree or not. The landlord could threaten to terminate...
I only know Massachusetts law, but we have one of the most strict security deposit laws around, so this should be good for any state. If you evict for non-payment, the tenant still owes the remaining months, although you have an obligation to attempt to rent the place. If you don't, then you can...
why are you still there? have they taken more money from you. for example did you pay this months rent Feb? or are you trying to just stay on for free??? I do not know the laws in your state but homelessness is difficult...if you can hang onto your place or get your things at least moved into...
I would not think so, sounds pretty raw...definately contact disability advocates in your area first. or if it has happened to you, subtract from upcoming rent until you find out does not ring right.
Contact the local postmaster. This is a federal crime, over which the postmaster has jurisdiction.
Depends on why you need to use the space. Licenses by definition are for an indefinite period that either party technically should have the right to cancel at any time. Leases typically have a specified time/term. The "Licensor" (the "landlord" under a license) retains control this way, to terminate...
Probably, but first, you should call the local Board of Health or Building Inspector to document the situation.
You have an obligation to pay rent until the foreclosure sale actually happens.
Hi you can get rental assist through catholic charities, townships, salvation army, look in you yellow pages of phone book under housing, or social services, homelessness, if your a vet. there is vet assist, united charities, community action project....best chances getting it if you can show that...
I don't think that a real estate agency has any right to take pictures of an occupied apartment without that occupant's permission. If this happened to you then you could sue for damages. Of course there could be an exception to this rule if it's written in your lease. But in my opinion that would...
Issue bulletins on a regular basis. Create a bulletin and post a copy of it on everyone's door.
A tenant if that right is granted in the lease to the tenant or is a tenant's right because of a law. Normally a landlord can't renew a lease except for specific reasons -- one is called a "holdover". That's where the tenant should have moved out because the lease is over, but doesn't. In that case...
Usually tenants are responsible for accidents in their apartments. But that doesn't stop injured people from suing EVERYONE including the landlord, on the theory that maybe the reason for the accident was something the landlord was responsible for (bad electric wiring that the tenant made worse for...
If you break the lease, your landlord can charge you the amount of rent for the apartment or unit during the time it is left unoccupied up until the dwelling has been rented out or until your lease expires, whichever comes first.
Each housing authority has its own rules by which it administers the Housing Choice Voucher Program, formerly known as Section 8. You must check with the housing authority in that jurisdiction for more information. But the general rule is that anyone who is making less than 75% of the average median...
It depends on what your lease says, but generally, the landlord is responsible for keeping all appliances that were supplied with the property in good working order. If you contact your landlord and the landlord refuses to fix the dishwasher, I recommend you contact your city hall to determine the...
A security deposit is an advanced deposit that is generally retained by the landlord during your tenancy. The landlord is obligated to return such deposit within 30 days with interest earned, if any, and/or an itemized list of expenses for which the landlord is offsetting the deposit amount (for...
Find a private renter, not a corporate owned building, or go to an apartment finder. They know which places will allow you to live there.
If they co-signed a lease they should check the property regularly and also make certain the rent is being paid on time. A co-signer on a lease is responsible for paying the rent if the primary lessee doesn't and is also responsible for paying any damages that go beyond the security deposit.