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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?
Wiki User
∙ 18y ago
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.
Wiki User
∙ 18y ago
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Your New apartment is falling apart?
Do you own this apartment? Do you rent ? If you own, talk to the agent and/or the seller or the bank holding the mortgage. This would be determined by where you are and the laws governing purchase of property. If you rent, talk to your landlord about the problems? If you already have, there may be a renters or tenants' agency where you live can help you. If you don't have a lease, there should be a legal time frame that you can notify your landlord that you are moving. Use that time frame to find a better place. Most places have laws governing tenants rights. Whichever is the case. Document (keep a journal) of your efforts including date, time, and what you did, even if it was only to leave a message. This is the kind of evidence that will assist you if you have to go to court or even having this information may get the action you need before any legal action is taken.
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.
Can a landlord enter your home for non payment of rent in Missouri?
I'm not familiar with laws specific to Missouri, but the general answer is yes, there are many circumstances under which the landlord may enter the property. If the tenant is not paying rent, the landlord will start the eviction process and has the right to show the property to the next tenant. The landlord is still bound by all the pre-existing restrictions after the tenant is late in payment, he/she is not free to come during the middle of the night or some other combative action.
Your landlord is repairing your bathroom and its unusable does the landlord have to pay for your accommodations to stay elsewhere?
Since a bathroom is integral to a home, he should, by rights, provide you with an alternative during the time of repair. Check with your local landlord/tenant section of the government for rules. A working toilet and bathing facilities are essential services, so if you must procure them elsewhere (hotel room, maybe?) at your own expense, then you may be able to charge the costs to your landlord, possibly even deducting that amount from your rent, but you should definitely consult with your attorney before taking this action.
What happens when judgment is file against you from an apartment complex and you are still living in the apartment?
It means that the court has awarded them some kind of judgment against you, usually a monetary amount. Your place of residence is immaterial. As long as you are paying your rent and abiding by the conditions of your lease it seems you would be okay. BUT, not knowing all the particulars of your problem it is possible they may take action to evict you.
Who do you contact about roaches in your apartment?
Management or landlord. If no action - contact your local Health Department.
Does a landlord have to remove a bat from a apartment?
Sometimes it take a long-time for the landlord to take action. If I were you do what I do. I called The Critter Guy here in Canada about the Bat removal and I called my landlord to offer it and immediately he agreed to do it today. Problem solve.
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.
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 time....you 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.
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.
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.
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.
What is a sentence using rent as a verb?
I rented the apartment. Rented is a action therefore it is the verb.
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.
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.
