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.
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.
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.
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.
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.
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.
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.
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.
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 Contract, enabling you to take legal action. Among the possibilities is to have the agreement declared null and void, enabling you to legally walk away. In general, the landlord has responsibility (under varying health and safety laws) to keep the apartment in habitable condition. An uninhabitable apartment (because of health or structural concerns) is one reason for renters to seek to break agreements without penalty. But follow proper procedures and be sure to obtain enough evidence to make a case before a judge, should it come to that.If you are forced to move because of deployment orders from the military, reserves, or National Guard, then you may be protected from penalties that would result from breaking an agreement, so long as you can present your orders to your landlord.There are other valid reasons for breaking an apartment lease, but almost all of the ones not listed above will result in some sort of financial penalty. There are various things that can be done (such as discussing things with the landlord) to mitigate undue hardships and make the transition smoother for everyone.
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.
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.
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.
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.
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