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If landlord has a renter who has not paid or has no proof of payment and the landlord dies can his surviving wife kick renter out?
Wiki User
∙ 14y ago
Sure she owns the property now and the renter is a squatter since they haven't paid rent. She has all the legal right to remove the renter.
She should give them the benefit of the doubt since there are no records, but at the same time give them thirty days written notice that they need to move out. Renters should always keep a photo copy of the money order they use to pay rent, get a receipt and never pay just in cash. Keeping these records can help obtain a mortgage later or show vested interest if they are renting to buy a property.
Wiki User
∙ 14y ago
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In the case of a tenancy where the landlord claims that the tenant has not paid and the tenant insists that he has- on whom does the burden of proof rest?
The burden is on the tenant to prove that they paid.
What are your chances of winning if your landlord wants to evict you for non payment of rent and you have proof that the rent was paid?
Any tenant, who lives anywhere in the United States, who has paid his rent and has proof that the rent has been paid, has no fear that a mindful landlord will evict him. The civil judicial system in each and every state, has specialized procedures for fairly and properly processing tenant evictions for nonpayment of rent. The problem with the question you pose, is that there are a number of tenants who lose their proof of rent payment, i.e. a rent receipt, canceled check, etc., and try to convince the court or tribunal that they have in fact paid the rent. Without proof the tenant will probably lose his case in court, this is the exception not the rule. I believe the above is true and good advise. I would add pragmatically, once the landlord wants you gone, your just going to end up with headaches staying, so finding another place - I agree an unfair pain - should be a real consideration. If he really wants you gone, you may be best off to just make a deal (that you hold to), of him giving you some benefit..like a months rent or whatever, for you moving out by X date. But, I see the Q you asked was changed or morphed/linked to this one, and your original one said you actually didn't pay rent because you felt the landlord didn't maintain the place well. That will be looked at entirely differently by the housing court. You probably didn't have a right to withhold payment, certainly not all of it (proven by the fact you continued to live there and received the benefit of housing), and whatever amount if any may have been reasonable to hold back, needed to be placed with a 3rd party - attorney, housing sthority, that type of thing. More than that, you still owe it.
What are the legal rights of a tenant who owns the trailer but rents the lot space and is locked out by the landlord due to a dispute over rental payments?
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 over carefully so you know exactly what your rights are and if they have been violated.The courthouse in your county should be able to set up a civil mediation meeting where you and your landlord try to come to terms without legalities. If the landlord doesn't show then I would go to your magistrate and ask what you can do. If you make an attempt to work it out it always looks better on you. Good luck! States establish landlord/renter laws including eviction procedures. Most states do not allow "self-help" evictions by landlords.The best option is for the tenant to contact the local housing authority or legal aid society to determine the applicable laws for his or her state of residency.
Does your cosigner have to be present when signing an apartment lease He lives in NY and you are renting in Nevada?
It depends on the landlord. Usually, the just need SS number and photo ID, as well as pay stubs or proof of income. If this is provided, you should be fine
Do rental agreements need to be notarized?
No. The landlord / manager should only rent to someone that has seen the apartment in person. The landlord / manager needs to see proof of your ID and SSN which eliminates the need for a notary. Although, in some States you may need a Witness.
Could there be money do to a renter for living and paying rent every month and dealing with leakiy septic?
Landlord-tenant laws are different in every state. In some, there would be money due to the renter, if verbal and written requests made to the landlord to repair the leaky septic [tank?] were ignored, and the renter wound up having to pay for the repairs himself/herself. The renter then has the burden of proof (i.e., has to produce evidence such as photos of the leaky plumbing, receipts for repairs done, including costs for parts and labor), production of eyewitnesses to the problem, and copies of letters to landlord, etc., if he/she plans to file a Small Claims lawsuit against the landlord to collect the money. If the renter wins in such a case, the court would allow him/her to include the court and process-of-service costs (postage and fees of delivery of court papers to the landlord by the Sheriff's Department, courier service or registered/certified mail), attorney costs, etc. You can contact your local housing authority, or a landlord-tenant lawyer for advice on how to proceed for such a situation.
Can a renter put a lien on a landlord's house for money owed for yard work?
You can seek a judgment and if successful the court will grant a lien. However, you will need to furnish proof to the court that the landlord agreed to pay you for the work and that he is in breach of that contract. Proof would be a written contract or witnesses that can testify to his promise to pay you. You would need to prove that you performed the work. Before and after photos would be helpful.
If I paid my rent on time the landlord claims it is not received and does not offer rent payment receipts what can I do?
In court, the tenant is on the losing end of this argument.The only thing that you can do is secretly record yourself requesting receipts from the landlord for a specific time period and record him refusing to give you the receipt.This is your proof that the landlord collects your rent but that he does no give you receipts.When a judge sees the video or hears the recording your landlord is screwed.Be slick - your landlord is.
Do you keep paying rent to your landlord being never received lease?
If you are living in the apartment then you should continue to pay the rent. Make certain to pay by by check so that you have proof of payment.
Can your landlord evict you for engaging in unlawful activit with no proof?
no
Do you need to send your landlord a letter for your rent payment via certified mail?
In order to determine if rent needs to be sent via certified mail, you should check your lease or rental agreement. It would be a wise choice to send it certified mail so there is proof that the landlord received it.
Why do rental companies want to know your car insurance?
I can only speak for California, and in Ca we do not ask for proof of insurance. It's up to the renter to know what they have, and do not have. In Ca the renter is responsible for any damage regardless of fault.
What if I get a doctor's statement for a service dog and my landlord won't except it?
A landlord is generally permitted to require proof of disability and proof of the dog's training. Your doctor's should specify that you are disabled and that the service animal is necessary because of your disability. Your training program can provide any proof of training you might need.
Can a landlord charge for dog poop clean up fee when they have no proof?
i believe so
Do you have to pay your rent if there are roaches?
If you are a renter the lanlord is resposible to exterminate premises under health and human services act unless stated other wise in your lease but 99.9999%of the time the owner is responsible for the place to be free of pest and rodents It depends on the laws where you live, but normally, a landlord is resonsible for pest extermination. Check your lease to see if it is mentioned. Notify the landlord in writing of the problem. If the problem continues, you may be able to call an exterminator and deduct the cost from your next rent payment. But check the law first, call legal aid or your state's health and human services dept. to see if they have someone who can explain tenant rights.
Is there a law requiring a landlord to give a walk through before keeping a tentants deposit?
There is no law requiring a landlord to give a walk through before keeping a deposit. However, if the landlord did not give a walk through, it is easy for the tenant to argue that the landlord is lying because there is no proof that the damage being claimed by the landlord really existed at move-out.
How many 1922 proof peace dollars is there?
Current estimates place the number at 10 surviving pieces.
