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The Landlord has a duty to mitigate damages (in other words, to attempt to find a replacement tenant). However, if the Landlord is unable to find a replacement, the Landlord can bring a cause of action for breach of contract and is entitled to a full judgment of the remainder of the contract unless the vacated tenant can show frustration of purpose or some other appropriate remedy. The 30-day notice is irrelevant as to this scenario.

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โˆ™ 2005-09-16 21:00:55
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Q: What legal action can the landlord take if you left the apartment four months prior to the lease expiration even though you gave them a thirty-day notice?
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Related questions

Who do you contact about roaches in your apartment?

Management or landlord. If no action - contact your local Health Department.

What happens to the diaphragm during expiration?

relaxation of diaphragm is the most important action for expiration

Can an apartment manager harass a tenant with nude email pictures?

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.

Can landlord issue judgment without legal action?

The landlord has self-remedies, up to a point. But landlords cannot issue a "legal judgement". The landlord can deduct damages and unpaid rent from your security deposit, and the landlord or tenant can seek legal resolution.

Since i moved into my apartment it only been inspected once and now my apartment is falling apart and i have two young kids living with mehow do i go about getting my apartment inspected?

You do not say where you are or what needs to be done, but in most places, you should: 1. Write a letter to the landlord describing in detail what the problem is and what needs to be done. Include photos! Send this letter via certified, return receipt requested. 2. If that gets no action, then call your local housing department and ask the city or town to inspect. If it results in violations, you landlord will have to repair what ever it is that is falling apart. 3. If you still get no action, you can perhaps start a court action. You should seek legal counsel first. Many cities have a housing court where you can initiate a case. But remember - document, document, document - that is key to winning your case or getting repairs from your landlord. Always pay rent on don't want to give the landlord any reasons to take action against you. 4. If things are really bad, you can claim constructive eviction or a break in the "warranty of habitability" whereby the apartment is unlivable. You can certainly make a case that you had to move out due to terrible or unsanitary conditions. Good luck.

Is self help eviction allowed in Oklahoma?

The statute is quoted below. It would appear from the wording that the landlord is REQUIRED to take any action through the court.Oklahoma Stat. Ann. tit. 41, §§ 1-136Oklahoma EvictionsIf rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter or the landlord may wait until the expiration of the period allowed for curing a default by the tenant, as prescribed in subsection B of this section, before bringing such action.A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent within five (5) days after written notice of landlord's demand for payment. The notice may be given before or after the landlord files any action authorized by subsection A of this section. Demand for past due rent is deemed a demand for possession of the premises and no further notice to quit possession need be given by the landlord to the tenant for any purpose.

Are there laws in place in California to govern breaking an apartment lease?

Usually the terms for breaking the lease are stated in the lease itself. However, you can also check the statues for landlord/tenant relationships. Yes, the laws in each state are different. The best action to take is contacting the AG office. This is especially true if you plan to break your apartment lease.

What does the legal term constructively mean?

It has a connotation that some thing or some action has the characteristics of some other thing or action and will be treated as that other thing or action. I am sure this is perfectly confusing, so here are examples. A landlord makes a tenants living conditions so intolerable that the tenant moves out even tho the landlord had no legal cause to evict the tenant. That landlord constructively evicted that tenant.

Can a prior landlord call new landlord 2 months after tenant leaves?

You might be asking if this is slander. It is slander, if someone says something about you, to another, and that statement is false, and causes you some loss. If what he tells the new landlord is true, there is likely no cause of action for slander.

What is a sentence using rent as a verb?

I rented the apartment. Rented is a action therefore it is the verb.

Do you have to pay your rent if your landlord doesn't fix a leaky roof?

Take legal action, your landlord is legally entitled to fix your apartment since its HER property, you are simply renting it not the actual owner. She either fixes it or you can take legal action and have a court force him/her to do it.Go to court and sue. Send your landlord a certified letter advising her of the problem and requesting immediate repair. Put in the letter she has 10 days to respond appropriately, and that after that you can & will exercise your right to call out a roofer, and take his charges out of next month's rent. It will cost out of your pocket but that's cash the landlord will not be getting.... it will be in the roofer's pocket. See if your city has a housing department, a code enforcement department or a landlord -tenant go between and talk to them. Otherwise find a lawyer that specializes in tenant problems. I think though I am not a lawyer that after you notify your land lord in writing you can hire a professional to fix the roof and deduct it from the rent.

Can you be forced to pay for a paved driveway as a renter?

No, property repairs and improvements are the responsibility of the landlord. The landlord can however raise the person's rent to offset expenses, assuming there is not a valid rental agreement disallowing the action.

Is the landlord legally responsible if your son is hurt by a bully that comes onto the property but the landlord wont take action to stop the bully?

Not unless there are special local laws, or something covering this is in the tenancy agreement.

Can tenants petition to have another tenant evicted?

Tenants have the right to complain about other tenants that are disruptive. If the landlord fails to act, then the tenants may take their complaint to the government department that that oversees Landlord Tenant disputes. This department has the authority to compell the landlord to take action if they can't or won't do it on their own.

If your apartment provides utilities and the air conditioning system keeps malfunctioning can you deduct money from your rent?

It's not a matter of whether they provide utilities, so let's leave that out of the equation. If the air conditioning system is provided by the landlord then he is responsible for its upkeep. Now, can you deduct it from the rent? No: your rent is due IN FULL every time it is due. Unless you have a proven medical necessity for air-conditioning you cannot take action against your landlord simply because he's not maintaining the A/C unit. But check the laws in your state as it may differ. If your AC unit is central and is also the heater for your apartment, then this is the focal point of the issue. Your landlord MUST maintain the heating unit to which you can keep warm in your apartment, normally at least 70 F. If he doesn't you can either have the unit fixed, and offset it from the rent-- notice must be given at least seven days before the next rent is due-- or you can vacate the premises.

The sims 2 apartment pets action replay codes?

Max cash 036f20ab 063cd09a

What is the falling action in 'The Tell-tale Heart' by Edgar Allan Poe?

The falling action is the narrator's attempts to dispose of the landlord's body and the conversatin he has with the policemen before he confesses to the crime.

As a guarantor of an Assured Shorthold Tenancy do you have the right to start legal action against the landlord for failing to protect a deposit?

Yes you can

How can a landlord collect unpaid rent?

The landlord's tacit hypothec -- It is an action that gives the landlord security for rent money that has not been paid. If the tenant has not paid the rent ,his goods are sold to cover the unpaid rent. When the goods are attached, it means an officer of the court will come and take the goods away as a form of security for outstanding rent and while the goods are on the leased property the landlord may interdict the tenant from removing them.

What To Know When Dealing With A Lease?

For most people, signing an apartment lease agreement is a small event of little consequence. They don't really put a lot of time or planning into the lease and they just sign what the landlord gives them. This is not a good idea, though, as an apartment lease agreement is a binding contract. What is in that lease agreement must be done by you or you could face eviction or a lawsuit. With that in mind, it should go without saying that you have to read your apartment lease agreement fully. Understand what you are signing before you sign it. Also understand these principles.Some small breach by the landlord doesn't give you the power to withhold rentOne thing that many people believe is that any little problem gives them the right to withhold their rent. Though this varies by state and there are fluid situations present, the majority of mistakes by your landlord do not remove your own duty to pay the rent. A limited number of circumstances provide for a situation where you can withhold rent in an effort to compel the landlord's action. These situations usually have to do with the safety of the apartment. The smart move is to pay the rent on time, as the landlord can come across the top and impose penalties if you do not.Reasonable fees and penaltiesUnderstand, as well, that many things are not defined in your apartment lease agreement. Some agreements leave the late fees open and impose a duty on the landlord to impose "reasonable fees" when you are late with payments. You should keep track of what the landlord does with this. If they are charging a high percentage of your rent in fees, then you might have a case. They do not have the right to charge you hundreds of dollars each month just because you were a little bit late.The covenant of quiet enjoymentOne thing central to landlord-tenant law is that you have an expectation of quiet enjoyment. This means that landlords and others are not allowed to do things that make it impossible for you to enjoy your space. If the landlord is constantly bugging you or coming over without authorization, then you have some rights in court. Remember this and don't let yourself get run over in these situations.

Can you take your landlord to court for putting you out?

It depends on the circumstances. If the landlord illegally evicted you, yes, you're entitled to damages as a result of a breach of lease and law. A landlord is required to give notice of lease terminate based on how often you pay rent or as specified in your lease agreement. If you pay rent every month, the landlord is required to give one months notice. If the landlord physically removed your possessions without a court ordered eviction or cause, he's responsible for not only the illegal eviction but the cost of the damages to property sustained in an illegal eviction. In many jurisdictions, you're also entitled to your full security deposit back as a result of a lease breach. However, if your landlord legally and lawfully evicted you, you do not have cause of action unless the landlord fails to return your security deposit. Remember, the landlord is entitled to inspect the unit for any damages and you are allowed by law to be present and given notification as to when the inspection will take place. You also have the right to refute in court any damages in which the landlord claims you caused. In most situations where a tenant has lived in a house, apartment, or room for 10 years or more, significant wear and tare is factored in.

Is there a statute of limitations in MI for a landlord to sue a tenant for damages?

Yes there is a limit in Michigan. Typically it will be three years from the last action.

Which of following best describes the biomechanics of breathing pump handle motion. lever action. inspiration. expiration?

Pump handle motion

Is there a action replay code for sims 2 apartment pets?

yes just search by the way Pokemon rocks

What is the basic difference between expiration date and shelf life?

Expiration Date is the time after which the potency of the drug is reduced and it may have less therapeutic action and duration of action.shelf life is the time taken by the drug to get reduced up to 90% or degradation of 10 % of active drug.