Landlord-Tenant Issues

Sharecroppers had an agreement to live on a farm. While there they would grow crops and split the profits with the landlord.

Also called an "indemnification", this type of agreement protects someone from being sued because of what a third person does to the victim. For example, before I let you clean the floors of my office, you will have to indemnify me (hold me harmless) if you negligently leave a dangerous condition that injures a visitor. The visitor sues me, I invoke indemnification, you pay all my legal bills and any damages awarded by the court.

Writ of possession will state how long a person has to move out or be forced out by the Sheriff's office or Constable. Normally this is about 24 hours.

a bed a dresser clothes a lamp

Yes, tampering, hiding, removing, or opening mail not addressed to you, before it is delivered to the intended addressee, is a federal crime.

Only if required for health or safety reasons, or if they want to make the tenant's stay more pleasant.

Most states limit the amount of a security deposit, usually to one month's rent. It really doesn't matter if there is an animal or not. Some landlords will charge an additional 'pet deposit', but, call it what you want, it's a security deposit, and the amount is limited. I suppose it is possible for a service dog to do some damage, just like any other animal.

In many courts a summons may be served by mail under certain conditions, but a subpoena must be served personally. Whether any particular court allows service by mail will be found by reading that court's rules of civil procedure.

A common method of service of a summons and complaint by mail is to send one copy using certified mail, return receipt requested, together with one copy sent by ordinary mail simultaneously. The reason is the certified mail could possibly not be picked up leaving doubt as to whether it was delivered. This is cured by the simultaneous ordinary mailing which goes to the house without need for signature. If the ordinary mailing does not come back, that is proof enough that the address is good and the paperwork did get through.

A plaintiff still has to submit proof that the mailing was done according to the court rules before a default judgment may be entered if the defendant fails to answer the complaint.

Court rules in virtually every court require a subpoena to be served personally.

If you weren't served an eviction notice and the case did not go to court, there will not be an eviction on your record. You can check the court records in your county to make sure there isn't an eviction on your record.

I only know Massachusetts law, which states that a tenant must grant access in the last 30 days of a tenancy for the purpose of showing the unit to a prospective tenant or buyer. I think most states have a similar provision. The landlord should give reasonable, written notice - at least 24 hours in advance.

This is tricky as some jurisdictions prohibit charging late fees in general. Others do not consider them as "rent" but more of a penalty for being late. Assuming the landlord accepted the rent check, and cashed it, they have continued the tenancy.

You do, then they do. But don't sign it till you cover ever tiny detail. Ask as many questions as you like, you can even try and have them change certain aspects of it to suit your needs if they will allow it.

The legal age to be bound in contract in any state is 18 years old; before that age you are considered in the eyes of the law to be an infant. One can still legally contract with an infant or minor, but the contract is voidable.

A temporary injunction - is a short term restriction put in place to prevent certain actions by a defendant. For example - a judge may order the defendant not to approach witnesses, or to prohibit them from entering certain business premises.

The temporary injunction will usually be enforced by a more permanent ruling on completion of a court case.

A lease is a contract and if any clause in the contract is broken then either of the party can nullify it .The landlord in terms of the lease contract must sent one month notice(mentioned in the lease contract) and get the premises vacated to be free from the contract.If the tenant refuses to do so it becomes a legal matter and the court has to be approached to get the premises vacated.

This depends on the type of complaint you're alleging.

Start with a complaint to the landlord themselves, in many jurisdictions you're required to give prompt notice to defects in the apartment, especially ones that can cause further damage (no heat, gas, water, roof leakages, etc).

If after a reasonable period of time (can be a matter of a day or two weeks depending on the issue and how quickly it can be fixed) the landlord does not correct the defects you can contact your local housing court to find out the procedures for a renters escrow.

A renters escrow is a bank account you open with the courts and deposit in your rent monies. The landlord does not get the money from this account until he shows that the repairs have been made satisfactorily. Landlords will face a penalty for the courts having to take this action.

If after a period prescribed by your local housing court the landlord does not correct the defects, the court can order the house to be inspected by local code enforcement and subsequently condemned if necessary. In the mean time, the court will grant you permission to quit your lease and seek new shelter.

At this point you should follow all standard move out protocols. Send your former landlord a certified (green slip) letter with a forwarding address and demand full return of your security deposit for breach of lease.

If your landlord fails to claim the monies with the court after a time prescribed by that court, you may return and collect the monies. In addition, If the landlord fails to return your security deposit, in some jurisdictions you may be allowed double damages. (i.e. $500 deposit not returned may be $1000 after court).

If the complaint against the landlord is in regards to a breach of lease, you can reversely evict your landlord. Which means you provide them with 30 days notice to quit the lease due to their breach, demand your security deposit back, and leave before the start of the new month. If the landlord keeps the deposit (as many will try), you may take them to small claims court and seek your security deposit back (in some states you can get double or treble!).

Ask your Landlord for a short term extension and pay on that date if they refuse get legal help due to you have no place to move quickly and then, you will represented to get time for move without pay rent anymore around 4 months until you get a new house.

No, there is no requirement to have a copy. If you want to enforce the contract, having a copy is important. And it should be a signed copy to take to court.

Yes with the proper notice a landlord can chose not to renew a lease

"Its" means, literally, just that. As in you are "John Smith" signing on behalf of "John & Co" as Its President. The purpose of this is to indicate that you are signing only on behalf of the entity rather than as an individual, therefore protecting you from personal liability.

Yes, the landlord may or may not restrict access to any parts of his property. You rent the apartment, not the backyard. The issue here would be if the restriction is missing from the lease, then the backyard would be considered a fixture of the property and would be an inclusive implied part of the leasehold.

You do not allow them to move into the premises or you give up the idea of having the protection of a lease. Once you let them move in without signing a lease they are your problem. It should be noted that a tenant who refuses to sign a lease is giving you a loud message about what type of experience you can expect in the future.

If you have a legitimately signed and current lease with the landlord, and you weren't behind in your rent or had some other violation which broke the lease, and, assuming you haven't omitted any critical information (especially from that of the landlord's point-of-view), then, technically speaking, no, the landlord cannot change the locks or prevent you from entering the apartment. However, most landlords would not bother to change the locks or otherwise prevent the tenant from entering without a good reason. You need to discuss it with him/her or contact a lawyer.