Landlord-Tenant Issues

Typical motions: to dismiss for failure to state a claim or for lack of jurisdiction; motion for summary judgment on the pleadings because there is no dispute of material facts. You may also consider filing a detailed answer with clarification of any twisted or incomplete facts alleged in the complaint, and denials of any exaggerations or misstatements, as well as putting forth arguments for other defenses (breach of contract, breach of warranty of habitability (privacy, health code, etc), warranty of quiet enjoyment, equitable defenses (laches, unclean hands, balance of hardships...)); and even counterclaims, in a proper situation (torts by landlord such as negligence, nuisance, infliction of emotional distress, theft/conversion of your personal property, fraud, unfair business practices, false advertising, etc), and regulatory violations (failure to follow local statutes that protect tenants).

Yes. The landlord has the right to enforce reasonable rules for the benefit of other tenants as well as surrounding properties. Even if a noise regulation is not specifically listed in your rental agreement, you cannot make an unreasonable amount of noise. Doing so likely constitutes a nuisance according to local ordinances, and could result in your landlord being fined. However, you must be given a written warning and time to stop the noise before an eviction can be started.

Any house is eligible to rent to section 8 you have to advertise that you are willing to accept section 8 and once someone looks at yourt property they usually have apacket for you to sign and fill out, then the housing authority will set up an inspection and they will then determine if the asking rent is acceptable or not..its not a big deal but def. do a credit check ...good luck `r

Yes. Any property owner can have your vehicle removed for ANY or No reason whatsoever. For instance, when you go to Wal-Mart, the manager can have your vehicle removed. Even if it is in a regular parking place. But this is just an example, not the norm.

As far as I know they are each called a "campesino"

Depends, and then the question becomes in part what kind of compensation are you talking about?

I'll assume the rental agreement includes water (like for sinks, toilets, etc.) and the landlord stops providing the water, there may be no reason, and there may be a good reason.

1. LL turns off water because you didn't pay rent - in most places a LL can't do this without a formal eviction proceeding.

2. Water main breaks, takes water utility several days to fix. Or the water is tainted and utility turns it off - most leases excuse LL from performing if it is beyond LL's control. Everybody is out of luck until there's a fix.

3. Does the lease give the T the right to self-help? If no, Tenant may be out of luck. If so, yippee (maybe).

4. LL supposed to provide water, doesn't and there's no good reason AND there's a state or local ordinance that gives the T the right to procure its own water and deduct the cost of the alternate water source from rent. Yippee.....

5. Same - you may be able to move out under a theory of "constructive eviction" where having water is so essential that continuing to live in a place without it makes the place "untenantable" (basically uninhabitable or hugely onerous).

There may be other reasons and other results. But the customary rule is that if you were supposed to get something and didn't and the failure to deliver is a breach of an obligation you bargained for, you're entitled to the benefit of your bargin -- no more and no less.

So for any further "compensation" the LL's action might have to be extreme, malicious or so egregious as to warrant "punitive" damages and whether such damages are even available in cases like this varies from jurisdiction to jurisdiction.

This falls under the jurisdiction of the Department of Buildings.

There is a minimum space requirement per person.

I believe that it is 80 square feet per person.

So, the apartment would need to have 320 square feet of floor space

excluding kitchen & bathroom in order to legally accommodate 4 people.

Ceilings must be at least 7.5 feet high.

It is irrelevant if the landlord calls it a "studio" or anyting else.

This does not invoke special rights to the tenant. The only basic right is that the landlord cannot harass you during this eviction process, and that the landlord cannot change the locks on your door until a judge signed an order stating that you must move. However, you must follow the instructions that are attached to the eviction notice. For example, in many states you must pay to the clerk's office the amount of rent you owe to the landlord in order to get a hearing date, or the judge may sign a default judgment for eviction. Also note that in most states the landlord has to take every step to complete the eviction process. For example, in order for a judgment to be issued against the tenant for eviction, the landlord must file a motion for this to happen.

Yes. But only in very limited situations.

In an emergency situation (fire, water pipe burst, etc.), they may enter without notice, as may the fire department or police department.

During an eviction, they may (not sure) be able to enter to show it, but usually only if you agreed to that, and they give you "reasonable prior notice."

Generally, the landlord may enter during normal business hours (e.g. 8AM-5PM, Monday-Friday) to show it to applicants, do agreed repairs or other allowable actions.

They must give 24 hours written (I believe) notice.

When tenants and landlords get along, a phone call is enough and hours are flexible.

Some cities have other housing laws that may apply.

There are also cases in which the landlord gives 24-hour notice and the tenant still refuses to let them in. They can be immediately notified of eviction, but the landlord has no legal right to enter those premises if it will result in a breach of the peace (e.g., getting punched in the face).

There are several reasons why someone might want to swap a lease. It could be because their financial situation has changed and they can no longer afford the payments, they no longer need the vehicle, or they simply want to get into a different car. Swapping a lease allows them to transfer the remaining lease term and payments to someone else, relieving them of the financial responsibility.

Picking a mailbox lock involves inserting a tension wrench and a lock pick into the lock, applying light rotational pressure with the tension wrench while moving the lock pins with the lock pick until they align and the lock turns. It is important to note that picking a mailbox lock without permission is illegal and could result in criminal charges.

A landlord can serve a Three-Day Notice to Perform Covenant or Quit when a tenant has violated a significant term of the lease agreement, such as not paying rent, causing property damage, or engaging in illegal activities on the premises. This notice gives the tenant three days to either correct the violation or vacate the property. After the three days, the landlord can proceed with legal eviction proceedings if the tenant has not complied.

It depends upon state law and what the agreement says (provided it does not actually contradict state law). For example, many states have a separate law for "security deposit" related to rent and "damage deposit" related to the costs of repairs or cleaning. In such a state it may be illegal for a landlord to seize a damage deposit to "cover the rent" if there was no invoice for "repairs" for damage.

Yes, the judgment typically stays on the tenant's record and can negatively impact their credit score and rental history. This can make it difficult for the tenant to rent a new property in the future and may also affect their ability to secure loans or credit in other areas of their life.

If a landlord in Texas is procrastinating on making necessary repairs, the tenant should take the following steps:

1. Document all communication with the landlord regarding the repair issue, including dates and details of conversations.
2. Send a written notice to the landlord requesting repairs and set a reasonable deadline for completion.
3. If the repairs still aren't made, the tenant can consider withholding rent, repairing and deducting the cost from rent, or taking legal action. Consulting with an attorney or local housing authority can provide more guidance in these situations.

The property manager has a legal right to refuse to extend a lease once it is up. However, you should look at the language in your contract. Make sure that they gave you a proper notice in accordance with you lease. If they did not, you will likely be able to stay in the apartment for at least another month.

No, a landlord cannot change the locks for abandonment if the tenant has not moved out of the rental property. Changing locks without proper legal process could be considered an illegal eviction and may expose the landlord to legal consequences.

In most states, if a lease term is for a fixed amount of time, such as a year, and the tenant breaks lease by moving out early, the landlord can sue for the amount of time it took for the landlord to get a new tenant or for lease to expire, whichever comes first. It is for a month-to-month tenancy, then the landlord has no grounds for suing for future rents.

There are several companies that offer cheap tenant loans, such as Avant, Discover, and LendingClub. These companies typically offer low interest rates and flexible repayment options. It's always recommended to compare rates and terms from multiple lenders to ensure you're getting the best deal possible.

If the new owners are content with letting you rent the apt.you are fine. However, if they sell the building/house to someone who doesn't want to be a landlord you have to move. (Personal experience)

In general, tenants are required to pay rent as stipulated in the lease agreement. Failure to pay rent can result in penalties, such as late fees or eviction. However, some jurisdictions have implemented temporary eviction bans or rent relief measures in response to the COVID-19 pandemic. It is always best to consult local laws and regulations for specific requirements and protections.

A military clause permits military personnel to get our of their lease agreements if they have to leave due to military actions. They also get their security deposit back instead of losing it because of the early move.

To add someone to your lease, you need to check your lease agreement and consult your landlord or property management. Typically, this involves completing a rental application, undergoing a background and credit check, and signing an amendment to the lease. The landlord may require the new tenant to meet certain qualifying criteria and may also revise the terms of the lease, such as the rent amount and security deposit.

The legality of your roommate allowing a stranger to move into their room depends on the terms of your lease agreement. Generally, tenants are not allowed to sublet or assign their room to someone else without the landlord's consent. Review your lease agreement and discuss this situation with your landlord to understand your rights and options.