America's Court with Judge Ross - 2010 Love Hate and a Leaky Roof Tenant vs- Landlord 1-62 was released on:
USA: 1 November 2010
Below is a quote from INDIANA statutes:IC 32-31-4-2Liability; abandoned property; court order allowing removal by landlordSec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant.(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.(c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b).(d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property.(e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.See below link for full statute:
Unless the tenant was involved in the vandalism, the landlord is responsible for the repairs.
Without seeing the lease, unless there are some really unusual circumstances and strange facts, as a general rule, the courts of most tenant friendly states, would laugh at the notion. (At least, expecting some court to enforce the demand, would make them laugh.) Next, in all almost all states, unless a lease is written with all the requirements of a valid contract, then your tenancy, that is, in this case, your renting the property, is controlled by the state law. Each state law has names for the different kinds of tenancy forms. At least descriptions of how to define the landlord's and the tenant's obligations, duties, and rights in respect to eachother. Generally, the tenancy is based on what is the specific length of time for use, how to end the relationship, how long each rental period is, who can end the relationship, and when, and what the property can be used for. Obviously, there are others, but these are ways to get an idea about Landlord-Tenant law. Landlord-tenant law is highly state specific. If you got a specific landlord-tenant question, you really have to speak with a local lawyer, or do a lot of reading. (On doing a lot of reading, as a general rule, you can do a lot of reading about brain surgery also, but you still might not want to do it on yourself. If you got a really serious specific question, you need to see a local lawyer: certainly, before you hand over your telephone records to a landlord(?). )
You must approach it exactly like a landlord. You must file an eviction proceeding in Housing Court.
Aired in Court - 1917 was released on: USA: 1 July 1917
Yes, the landlord is responsible. But keep in mind that this is not a landlord/tenant issue: it's a small claims issue. So this is heard in a small claims court inquired, not a landlord/tenant court.
When a tenant doesn't pay his rent the landlord may begin eviction proceedings in court, which forces the tenant to move.
It is unseemly that a landlord can charge a tenant for other than the items listed in the lease. You can pay them and take your landlord to landlord-tenant court for reimbursement, or you can approach a landlord-tenant advocacy to find the answer that you want.
Save the money in an escrow account and let the landlord take the tenant to court. This can be explained to the Judge
No. Unless the landlord lawfully evicts the tenant, he cannot have the tenant arrested for trespassing because of nonpayment of rent. Of course, the exception to this rule is the hotel/motel setting, where this does not become a landlord/tenant relationship, but rather a transient relationship with an innkeeper.
A landlord must file an eviction through the Civil Court in order to evict a tenant.
The landlord should serve a notice to quit for non-payment of rent. The fact that the tenant is an alien has nothing to do with the landlord. The landlord who brings it up in court is a fool - the obvious question is, why did the landlord not act on that information before? Waiting to use that information in court is completely disingenous.
America's Court with Judge Ross - 2010 Always Do a Background Check Tenant Sues 'In Cahoots' Landlord 1-79 was released on: USA: 12 November 2010
Did a court adjudicate the tenant as incompetent? Then, if and when the landlord sues, that would provide the basis for a defense. You can't stop the landlord from trying to recover damages.
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
Yes.
For the rental lease agreement to be valid in the United States court of law it has to be signed by the Landlord and Tenant.