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Landlord-Tenant Issues

~3800 answered questions
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.
%DETAILS% History of Chicago Housing Authority   The history of (CHA)is poverty. It was a terrible idea to put all of those low-income people into big buldings, in apartments one on top of the other. Public housing was nice until Mayor Daley begging using to segregate the city's rapidly …
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If you were aware of a leak....informed no one, took no steps to repair or prevent the water from escaping your apartment and damaging your neighbor's goods......you are. However, if you are talking of a sudden and accidental occurence....neither you, the neighbors or the owner/landlord had warning …
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All pools have a few safety issues that should be considered by any pool owner:First, and most important, is the ability to see the bottom when emtering the water. Many people "dive" into a pool from the deck (even if the pool does not have a diving board) which can be a safety issue if the bottom i…
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Lawsuits against Landlords for Mold Absolutely. And more and more renters are doing just that. Mold is a proven health hazard, especially to young children, the elderly and those who have respiratory problems. You must also make sure that you have documentation of everything. Also, any problems …
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The landlord if he/she were informed of the problem and did not repair or replace the refrigerator in a timely manner. Unless there is a clause in your rental agreement/lease that states otherwise. Realistically, the situation is the same as it would be in a home you live in. You would either get ic…
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Usually once a year, or whenever a lease, or a verbal agreement is renewed. That's for New York State, where I am a landlord. Other states or even counties may differ on the issue.
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in my past experience.. i had a similar situation so i contacted a lawyer and was told what i needed to do was send a certified letter to the apartment complex stating the situation and giving them 30 days to fix the problem. if they fix the problem then you can not break the lease without penalty. …
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It has been my experience, that if you break your lease prior to expiration of the lease term, you are in breach of contract. In NYC, unless you obtain signed and written consent from the landlord granting you permission to end the lease prematurely, he can sue for lost rent. I had a verbal agreemen…
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You don't, nor do you need to. This would be far out of the norm. You can demonstrate your on-time rental payments to potential lenders by providing copies of cancelled checks, receipts or bank statements. These are much easier to come by, don't cost your landlord anything and are the accepted stand…
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You would need to contact and become a contributing client of a credit reporting agency. There are many types of CRA's. The big three that most consumers think of concerning credit are Equifax, Experian and Trans Union. There are also tenant screening agencies, public records clearing houses and the…
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I honestly used this site once, thinking that a professional was answering the questons, so my question still isn't answered. But I do know that it can be added butwould be very hard to get back into any apartment in the future.   You need to consult your bankruptcy attorney for an answer t…
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If the matter in question was included in the bankruptcy discharge, you may not have to pay it. If it was left out, or the property owner was allowed to opt out of the bankruptcy discharge the debt is collectable.
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Yes. This would be a case for Small Claims. The filing of a lawsuit in SCC is reasonably simple. Small Claims Court is for monetary restitution only. Each state has limitations on the amount that can be awarded.
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Call a local attorney for state specific advice. I see a lease as a contract and with the same rights and obligations. IOW, the landlord id right. Your brother only got the apt. because of YOUR credit rating.
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If the lease/rental agreement you signed continued into the month of November, then yes you have to pay the charges. TIMING and rental agreement is the key here. Let's suppose that my landlord sends me a termination letter in May to take effect 60 days from the receipt of the letter, then that means…
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: Yes, of course. The landlord's claim for damages under the deposit is an administrative claim not a judicial claim. If you force a judicial claim by suing the landlord, they are certainly within their rights to counterclaim for everything bad you have ever done to them. Some of the answers below …
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%REPLIES% You can refinance the loan in your name only which will take her off the loan, she would then quit claim the house to you, which will take her off the property completely. No she cannot. Separated or not, she co-signed on a loan... it is not even a question of community debt here since …
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Yes -but. . . You must have documentation to prove that: A) The poor health symptoms are caused by the problems in the unit B) That you have repeatedly informed the landlord about the problem and requested that it be repaired C) That the landlord did not do so within "a reasonable time". All three c…
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Absolutely not. Your husband has no right to lock you out of property you own without a court order. He would be violating the law. Each of you has the right to the use AND possession of the property until a court rules otherwise. You need to consult with an attorney ASAP. You could file a complain…
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Maybe. What does your lease say? What laws does your state have about abandoned vehicles? How long was the car inoperable? What is the general condition of the car? Calif. printed an 82 page tenants landlord book More tenant information.  California Vehicle Code CHAPTER 10. REMOVAL OF PARKED …
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The answer below is pretty much correct. It is important to understand that there is rent and security. The deposit is to cover losses and protect the landowner against you if you have bad credit or if you demolish the apartment. The owner must deposit this in a separate security account that carrie…
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In Texas, Yes. However, the lease agreement has to have a provision that states the house can be sold while you are leasing it, if not, you can take them to court to make them fulfill their end of the lease agreement
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Check out the CA Landlords - Tenants Handbookhttp://www.dca.ca.gov/legal/landlordbook/catenant.pdf
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No. But it may still be in the court records forever, filed under the names of the parties.
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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 asso…
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Answer I would think 12 times, because the lease renews month to month, that is what month to month refers to. It doesn't mean how often renters pay, that is always every month. It is a 30 day lease. They can't raise rent without 30 days notification, so they could raise it every month until you …
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A lease is a CONTRACT, between you, the tennant, and the property owner, that sets out the rules for both sides to follow, for the duration of the contract.No change can be made without the consent of BOTH parties, under law, and if YOU break the terms of the contract, you can be held accountable fo…
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No. The co-signer is totally responsible for the money loaned to you and hopefully you will pay it back. The co-signer, other than asking you to pay monthly on your debt to them has no further rights to where you live or how you live.Marcy
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This varies a great deal. I would suggest asking a prospective landlord what their policies are on this. Some landlords will accept an individual with an eviction on their record with a qualified co-signer. The one thing you need to be aware of is the age of the eviction for non-payment. If it was v…
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We were able to rent with no rental history and had an evection from 2000. we are in Ohio ao it may be different but that is our experience.It is totally up to the landlord's discretion whether to rent to you or not. As I am sure you are aware, you are not the most ideal candidate and you could be c…
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Answer It is against the law to move in new tenants if the apartment or suite is not up to standards (needs new paint or carpeting, different things needing to be fixed.) Usually the person that will be renting will not pay rent or move in until this is done. If you have damaged the apartment and…
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Answer The reletting fee (not a "relenting fee") is a sum you pay to the landlord to cover the expenses incurred in reletting your apartment in the event you break your lease and move out before the end of the lease term. It should be reasonably related to the actual expenses incurred by your lan…
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In Texas, you can only get your deposit back if your application is rejected and/or you have 3 days from the date of application to chane your mind. After that, you are not eligible to et your "application deposit" back.
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You have to be 18. Some landlords might accept you at an earlier age with a parent as a co-signer on the rental agreement.
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I work in the leasing business. If someone is evicted from the property that I manage, that person will still owe rent through the end of their lease. I assume it is the same elsewhere; legal rights allow for this. The terms of the lease may contain details on this issue, and some amount of payment…
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Usually paying the last month rent means you pay the regular rent plus a closing fee which means if there are any damages done to the place that was not there before you then you have to pay so much for that too. The usual practice is to pay the "first and last" month's rent when you move I…
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If you are interested in renting to section 8 renters, i would talk to your local housing authority.
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Answer If mowing or gardening is not in your signed rental contract, then it's up to the renter to keep the yard clean and mowed. If you live in an apartment or condo then it's directly up to the Maintenance person of that building.
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Inform your attorney of the error and he/she will file a "Motion of Amend to Correct", there will be some fees involved but they should be minimal. If you are filing the BK yourself contact the clerk of the court or the court administrator for instructions on how to file to ensure it is correctly en…
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Answer Yes. anytime you co-sign a lease you are 100% responsible not only for the money of rent but 100% of all other terms. Such as damage, late fees, early termination fees, court costs, etc. for the full duration of the family members tenant status. In a lease or month-to-month the co-signe…
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I would be asking, in person, for a break, and would provide PROOF that your company is sending you out of the country. In that case the owner will be more likely to allow you to terminate early.
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Prohibited conduct The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following: Hours for phone contact: contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time[2] Contact after being asked to …
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I think a lot of the answer lies in where you live. Some states are different than others. But for around here in Ohio, I have noticed that in this area if you do not have a lease then it is based on a month to month agreement. If your rent is due on the first of the month and you are paid up to dat…
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READ YOUR LEASE. Line by line to see if it allows an increase during the TERM of the lease.You should also look in the local telephone directory for a free LEGAL AID clinic, where you can consult with a lawyer for free , about your rights in the matter. There may be laws in your state that require a…
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There are various online resources available that allow a person to check rental history for a one time fee. Just do a search for "rental history" and quite a few will pop up. I advise to be cautious upon selecting one of these reports. Be wary of scams. In other words, don't just snatch up the firs…
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The judgment will only stay on your credit record for 7 years. If you go to free annual credit report (www.annualcreditreport.com) You can look at your credit report for free. But be aware you can only do this once a year. But where the judgment is it will tell you when it will be removed from your …
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Answer I believe you can break the lease. It is easy to find a sympathetic doctor and even easier to find a sympathetic judge. In this case you will have to take your landlord to court and sue him to break the lease. This is a quality of life issue. Your landlord can argue that he/she cannot do a…
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No! NOt unless you are in the Military and received orders to report elsewhere.Checkout http://apartments.about.com/cs/magazines/g/military.htm?terms=Military+and+breaking+a+lease for more details.
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Yes, provided that they provide written proof, to the landlord, from their Commanding Officer to that effect. Happens all the time.
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Answer Usually you can get your deposit back if nothing improper (i.e. failure to perform by you)is done by you. Check your agreement of sale for the terms related to your deposit. Check with a local attorney. As long as you have a "mortgage contingency" clause in your agreement and you notify t…
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I'm not a lawyer and I'm not giving you legal advice. You should check with an attorney for "real" legal advice, particularly as it pertains to the specific area in which you live, or in which the apartment is located.Generally, the answer is yes, BUT. For instance if the apartment is vacated and cl…
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No. Landlords or rental agents/agencies generally can set the terms of the rental agreements including the necessary deposits. What they may not do is discriminate in accordance with race, religion, gender, ethnicity, and so forth. There are different regulations however, when it pertains to public …
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Yes. Get doctor documentation that you have allergies to it. They should clean it up regardless of your allergies or you can move out. Check your contract carefully, make sure there is nothing in there about you doing your own repairs or deep cleaning of mold.   Maybe if you have tried to get…
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If you broke the lease, you're responsible for any charges unless you can prove the residence was uninhabitable. If the utilities are separate from the rent, then you're definitely on the hook.
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Answer From an insurance perspective the landlord should have coverage on the building and the tenant should have coverage on his/her contents. Legal liability may be a different issue depending on the circumstances of the fire.
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Answer In most states, the landlord can ask for whatever they wish, however certain states have taken precautions by creating consumer protections for these situations. Example: Legally in the States of California and Oregon he/she cannot ask for first and last month's rent plus said deposi…
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Immediately contact the landlord to make payment arrangements. Most landlords will stop an eviction if a tenant will work in good faith to pay the rent due. If the landlord insists that you leave, you should answer the eviction complaint (if you have been served one) and contact an attorney or tenan…
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Answer: There are ways to make adjustments and get out of your lease. It does depend upon the original lease, but if you can contact the landlord or property manager, make them aware of the relocation process and explain to them your reason for leaving. There is a chance you may not receive your…
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Answer According to answer.yahoo.com, "Once the new guy owns it you will be served an eviction notice that says you have three days to get out. If you ignore that (and if the new owner obeys the law) the new owner would need to go to the local Justice of Peace court and file for eviction. You wil…
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Yes. Look at your lease papers and find the paragraph that tells you what your early termination penalty will be. It is usually that they keep your deposit. My lease will expire in 6 months and i have recently closed on my new house
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locked out of trailerFirst you need proof of the rent you paid.A receipt should have been given to you by your landlord. UNLESS a sherrif served you with eviction papers or you were given a legal document you should be allowed to get your stuff.I don't know what your lease says, so I would look it o…
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Answer Valid. Valid. Valid if there is someone to enforce it like a family member, trust, heir or lawyer. Y-THINK-Y
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Only the person/landlord who put the eviction on can remove it or a court judgment in your favor.
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Answer As you know a signed lease is a contract between you and the landlord and unless you are lucky enough to have an understanding landlord and you have a very, very good reason to break this contract then you are responsible for the agreement in that contract. Usually people have to pay the f…
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Answer Why do they have a cancellation fee? so you can cancel the rental. Tell them to take a hike.
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Answer Can't tell whether you're talking about quitting your job or simply quitting enrollment in the disability plan. But, the answer to both is "no". No payback required.
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Not if the leasing contract has been signed
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Answeryes it is possible to have the eviction stopped all you have to do is talk to your landlord and tell them that you will pay the money and if you pay it before or on your court date most likely they will let you finish out your leaseAnswerProvided that you were given the proper pre-eviction not…
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Get a good sound recording system and play those sounds back to him at a time when he's least likely to appreciate them. show the recording to his wife if he is having sex with somebodyelse
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Answer The new owner must abide by whatever agreement is in force. If there is a lease he cannot change any of the terms except by mutual agreement. If you are month-to-month he can only do this after giving you a proper written notice and anywhere from 30-90 days warning in advance, this allows…
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The first place to check is your credit report. Also, check with the court for the county in which you have rented. The local real estate association may keep records that are accessed by rental managers. More information: The best thing to do is to answer the application honestly, provide an expl…
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Answer Depends on the state you live in. In Wisconsin, the landlord MUST repaint any unit between tenants. The short answer is: he (or she) is NOT required to paint an apartment. Generally, whether a landlord paints an apartment depends entirely on the conditions of the rental market at the ti…
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Not Signing a Certified Letter After a few attempts, It will get sent back to the sender. If the letter petains to contacting a person about a debt obligation, the law presumes that a reasonable attempt has been made as the post office or courier service will mark the correspondence as the addres…
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In many states, you might not be able to sue, but you have the right (with written notice to the landlord) to withhold payment of rent until the problem is remedied. If you decide to go this route, sent the notice via certified mail. Before withholding rent, check your lease agreement. The most co…
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Yes. Your landlord may put up a fight, but try reasoning with him in a polite manner. Explain your problems, offer to help him find a new tenant so there is no break in occupation of that residence. Making the landlord happy will help you avoid a nightmare contractual fight. Answer Sorry, I disa…
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Answer If you signed something that said they could keep the deposit, it will be tough. You will have to sue them. If you did not sign anything stating it is a non-refundable deposit, then explain that you did not sign anything stating it was non-refundable, you gave them money and received nothi…
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The vehicle will be returned to the leasing agency and the leasor will need to file a claim against the estate for any deficiency in the contract. This type of claim is considered a "low priority" claim. Family members are NOT responsible for the lease, or any debts of the deceased unless they are …
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Freeloader Legally speaking, he does NOT have to pay rent. The courts will see him as a visitor (legal term: transient). Even if he is added to an existing lease, both parties are responsible for paying the rent by the agreed upon due date to avoid eviction. No sense in having this freeloader dra…
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Don't think so, but could after getting a civil judgment against you.
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no Yes. Assume the two signers had an agreement between themselves that they would share the cost of the rent evenly. Then assume that for some reason, (like losing a job) one could not pay his/her half and asked the other to pay the entire rent and get reimbursed later (after getting a job). If th…
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There is no reason for it to expire. If you've been served an eviction notice, then you are to leave the property. They may come and remove your property and change the locks if you leave the place unattended. Answer: An eviction notice need to be served within 30 days and it will only be expired o…
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Landlord is not required to change carpet at all. You as the tenant must keep the carpet is its best condition possible and also have it cleaned during your stay and before you move out. If in your lease it states anything about this, which is unlikely, then adhere to that. Normally, wear and tear …
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It varies with each situation. But it boils down to the lease agreement itself. Just as you the renter have terms and conditions that you have to abide, so too does the landlord/property manager. If the landlord violates his/her terms of the lease agreement, then this can be considered a Breach of C…
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Answer It's very hard to rent anything with bad rental history. You are considered unstable, unreliable, and to some apartments not worth the time of day to file the paper work. I suggest contacting an agency to help clear your credit and history. Find out what you owe, pay it, and in turn your '…
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Answer You would have to be of the age to be held legally responsible in the state you wish to rent in. But, mostly, the age to legally contract is 18. So the legal minimum age to rent an apartment is 18.
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Answer It depends on the contract you signed. Generally a landlord cannot tell you who to have in your apartment unless you are making excessive noise or someone is living with you on and off and even then seldom does a landlord say anything. Some apartments or condos can tell a tenant how many p…
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Anytime, if you need no $ or references! You can leave at anytime if you forgo your deposit, paycheck or any vacation or back pay. Rental agreements usually have 30/60/90 day notification agreements. If you leave before the end of your lease, even with notice most places will expect you to pay u…
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Yes. The landlord has the right to enforce reasonable rules for the benefit of other tenants as well as surrounding properties. Even if a noise regulation is not specifically listed in your rental agreement, you cannot make an unreasonable amount of noise. Doing so likely constitutes a nuisance acco…
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When you rent out a property, you will need to decide if you wish to offer your tenants a lease or a rental agreement. Although these terms are often used interchangeably, they are not the same. A lease for a rental property has a finite term, such as six months or a year, for which a tenant will …
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Answer Everything he can! A renter should ask a landlord whatever he needs to in order to make a decision on whether to rent from him. This includes, but does not limit to: What the rent includes (such as utilities, amenities); negotiate security deposits and other advance payments. Your landlor…
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When is it to late for the Landlord. Unless prior arrangements have been made, a landlord should not enter a rented premises after standard business hours, as a general rule this is after 5pm. but on the same note a landlord shouldn't be coming onto the property un-announced or without prior warn…
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You probably already know what your history is -- a good history would reflect on time payment, finishing your lease period and having no unpaid amounts for any damages. Also, you are entitled to a free credit report, so you should run that to be certain that everything is correct. You should not pa…
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After they take you to court and the judge orders it. Yhats when...After you go to court and the judge orders it. That's when...
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No, not unless the tenant is acting as your agent to help maintain the grounds of your property. Each tenant is responsible for maintaing their own yard and thus must purchase their "tools" to keep said grounds maintained.
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Yes, local landlord/tenant laws will dictate the required minimum notice period for a "tenancy at will", especially where there is no signed document indicating some other period.  It is often one month, hence the term "month-to-month" rentals which need no written contract at all. More I'v…
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You could contact the local tenants protection agency where you live and ask to speak with an advocate. Laws vary in different jurisdictions. For some reason you have mentioned terms that apply to pleadings in an ongoing lawsuit and a motion asking the judge to declare a decision null or invalid. I…
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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 it …
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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 whi…
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