The amount of time a landlord has to sue for damages will vary by state and the type of California. In California, for example, you have 4 years to make a claim on a written contract, and 3 years to file for property damage. A claim for unpaid rent on a written rental agreement is 4 years. Property damage might be 3 years from the date you moved out. The laws of your state may be different.
Check the landlord/tenant laws for your state. If they are going to sue, they must notify you--often by certified letter. However, the issue may be moot if they were able to rent the place out right away. If it has been awhile, you can avoid wondering by giving them a call. By the way, leaving without having all of this resolved, along with a walk through after you moved, puts you into a bad situation if the house/apartment is found to be in poor condition. It is so much better in the long run to face up to (and pay) what you must.
If an apartment is reserved for you, because you paid a security deposit, that means that the landlord is not able to rent it to anyone else. Hence, when you then decide not to move in after all, the landlord has still lost the rent which he might have collected by renting that apartmnent to a different renter. So yes, he can withhold the deposit. It is not a good idea to make a deposit on an apartment that you are not actually going to move into.
Additional info I have been living in this apartment for 1 year in November and there is no lease. The "apartment" does not seem like an apartment from the outside, it looks like a tool shed. If a guest who has never seen it were to walk up to it, they would have no idea it is an apartment. The landlord built it himself, originally so his son could smoke pot there. Oh yea, landlord is a retired cop. Anyways, the apartment has no windows and no fire extinguisher and no smoke detectors. The kitchen and bathroom are all in one room. The only thing that separates the toilet from kitchen is a curtain. I recently lost my job and will not be able to pay rent until I find another job. I have never been late or behind on rent. Can the landlord evict me?
This depends upon whether that fee is quoted on your lease when you signed it. It is not there, then landlord cannot charge you because he rented the apartment quickly after you left. However he may be able to keep your security deposit if you broke your lease. If there was a lease, the terms are generally such that you are responsible for the rent for any month that the apartment is vacant from the time you vacate the apartment to the time the lease ends OR the apartment is rented out, whichever comes first. Since the landlord did not suffer any damage by breaking the lease - he rented out the unit just a few days that you left - there shouldn't really be any reason for him to charge a fee. But if that is stated on your lease then he has the right to do so.
Good question. A person must be 18 to sign a contract in Texas, but emancipation may change that situation. Any realtor should be able to find the answer for you. There are plenty in Texas. You would probably stand a better chance of getting an apartment from a private landlord than an apartment complex. Check with the realtor.
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 a tenant. I suggest you call a landlord-tenant attorney or tenants' rights group in your area for information on your specific situation and any laws that work in your favor. City or county code enforcement might also be able to help by determining whether the other tenant is a nuisance.
Ofcourse NOT! Apartment Manager or GOD... This just isn't acceptable behavior. You should file a complaint with your landlord - or if it has become habitual - then contact your local precent (do NOT call 911 to file this type of complaint) file a complaint and put your Landlord on notice of your action. If it persists contact the police and this person will likely be cited and serve time (community service or jail time) and you may be able to recover monetarily from your Landlord - if your he allows for this to persist.
Yes you can, but unfortunately, depending on the landlord (they shouldn't have a problem re-renting) you could lose your money. Talk to your landlord and explain the circumstances. These days it doesn't take long to re-rent a home or apartment so I don't think you have anything to worry about and if you have a decent landlord you should be able to get your money back. Good luck Marcy
Check the wording of your lease. If the superintendent is an employee of the property owner or management company then they have delegated their resposibility to him. As an "agent" of the landlord you may not be able to deny him access to your apartment to perform NECESSARY ore EMERGENCY functions associated with the maintenance and upkeep of the property..
Uncertain what the questioner means by "illegal" apartment. If the place you were living was not licensed as an apartment/boarding house/rooming house the landlord can probably be charged criminally for operating an un-licensed establishment. You may have no choice but to sue this person in civil court but will have to be able to prove that the person rented you the space KNOWING that it was hazardous.
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