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Landlord-Tenant Issues

The laws that are associated with the relationship between a property owner and his tenants not only change constantly, but vary considerably from place to place.

3,273 Questions

Can a landlord lock out a sub-lesser out of their apartment?

If you sub-lease a unit, then the tenant that leases to you is considered your Landlord. Their landlord is NOT the sub-lessee's landlord. The master landlord, who usually does not allow subleasing, is not bound by the Landlord/Tenant Act toward the sub-lessee. So if they kick out your sub-landlord, they are kicking out EVERYONE. The master landlord cannot lock out his tenant unless they legally evict that tenant. Since a sub-lessee doesn't have the same rights, then they too are locked out.

Can a landlord sue for breach of contract if tenant moves out before lease is up?

i rented a place on the 4th of November signed a 1 year lease contract gave all the required funds . the landlord called me on Wednesday of last week and stated to me i no longer wanted to rent to me and that i had til Friday to move out . i asked why and she said i lied to her which i had not .i ended up in the hospital from having a mild heart attack was admitted into the hospital was released yesterday afternoon . landlord showed up at my door banging incited i let her to do a walk thru and sign some paper she had typed up . i told her i just woke up and had been released from the hospital she then informed me she had been checking then hospital to see when exactly i was released .does she have grounds to breach the 1 years lease agreement?

Can the police or tow companies impound a vehicle from private property in California?

They may not unless strict requirements by law are met. Laws regarding authority to cause the towing and storage of a vehicle differ among the states. Generally speaking, and I'm paraphrasing, a person, agency, or company must have and be able to show authority and reason to tow a vehicle from anywhere in order to legally do so.

The authority of police or tow companies to tow and store a vehicle must come from a Judge, the vehicle owner, or property owner unless it is stolen, blocking the entrance or exit to public parking, or is located within 15 feet of a fire hydrant. Briefly, officers of the CHP, local police, and sheriff departments receive due authority from the state, city, or county agencies respectively to operate within the territorial boundaries owned or controlled by the respective government authorities; however, jurisdiction may overlap in accordance with intergovernmental agency contracts. This authority does extend to or include off highway property, such as property belonging to a business or private citizen. Private property is any property not owned or leased by the state, city or county government. Authority to tow from private property must come from the vehicle or private property owner in the form of a written request or from a judge signed warrant to seize stated vehicle. A state vehicle or civil code number does not represent authority.

Without the vehicle owner's permission, a towing company may not tow from private property without written authorization from the private property owner or lessee and with that person present at the time of the tow to verify the reason for the tow. See CVC-22658(l)(1)(A) Any tow company that tows a vehicle without such authorization or fails to present a photocopy of this authorization to the vehicle owner at the time of paying for towing and storage fees (CVC-22658(l)(1)(C)) is liable to the vehicle owner for 4 times the towing and storage fees charged. See CVC-22658(l)(4)&(5). The same is true if the tow company fails to obviously post their top fee rates or that they accept payments with a credit card (CVC-22658(k)(2)) where payments are received, or if they charge an excessive amount. See CVC-22658(j)(2)


Applicable vehicle codes must comply with other vehicles codes that are stated to apply to other vehicle codes, such as is stated in CVC-22658(p), to be legally enforced except when the enforced vehicle code states otherwise. For example, CVC-22651 or the codes it lists under 22651(p) do not stand alone and are legally enforceable only when in compliance with other codes such as CVC-22658.

Related codes include but are not limited to the following:

California Vehicle Code Sections:
14602.6
22650
22651
22653
22658 This code is in addition to and applies to all other vehicle codes.
22658(l) Very Important
22658(p) Very Important
22851.3
22953
22852.5

California Civil Code Sections
3070 & 3074

Use the search engine in www.findlaw.com for additional state codes.

Can a landlord make you pay cash only for rent?

They can demand that funds be either cash, money order, or cashier's cheque.

What is the statute of limitations for breach of contract by landlord?

A breach of contract would be a civil suit. Most jurisdictions have a statute of limitations on bringing such cases. It varies anywhere from 2 years to much longer. Additionally, different limitations period apply depending upon whether the contract was written or verbal. It is also important to know, when trying to determine the statute of limitation, when the past performance of a requirement was under the contract (such as a partial payment of a debt). Generally, the statute of limitations will begin anew from the date of last performance (rather than dating back to the date the original debt was incurred).

Consult an attorney in your specific jurisdiction to find out what fits in your area and the nuances that apply to your facts.

What constitutes quiet enjoyment of leased premises?

A modified gross lease is a variation of a gross lease in which, typically, a tenant only pays base rent during the first calendar year (even if it is only part of a calendar year) and in subsequent years also pays a percentage of increases in building property taxes, insurance, utilities, and other operating expenses. The first calendar year is considered the base year and any increase in taxes, insurance or operating expenses over the base year are allocated to tenants based on the percentage of space in the building or multi-building project that the tenant occupies. The tenant must then pay its percentage of allocated expenses in addition to base rent. Sometimes the increase is only billed annually, but usually the landlord charges a monthly amount estimated to cover the annual charges and after the end of the year reconciles the actual costs with the estimated amounts paid by the tenant. Office space leases are usually modified gross leases, commercial and retail leases are sometimes modified gross (but usually net) and residential leases are rarely modified gross (usually gross).

Can a landlord terminate a lease in Florida?

Yes, absolutely. But be aware that the 30 day notice must be given at least 30 days before the next rent is due. Month to month basically means that: you're living on a month-to-month basis, a tenancy which can be terminated by either side with such notice given.

How can you kick out your flatmate?

If the person is not an owner, does not have a lease or rental agreement then the owner's of the property can request that said person leave the premises within a reasonable time or even immediately. If the adult does not voluntarily comply, the owners can request the assistance of the local authorities to remove the person from the property. Please be advised that the person has the legal right to all of their personal belongings and any items that can be considered as being "gifted" (birthday, Christmas presents and so forth).

What if the tenant does not leave date stated on notice to quit?

The tenant would have to leave after an eviction, which is why a sheriff officer observes the whole process of the tenant removing their possessions out of the property and the landlord changing the locks to the property. If they do not remove their possessions, they generally become your property (under normal conditions).

Can a former landlord charge the tenants to change the locks on the property?

No, a former landlord can't charge the tenants to change the locks on the property. All sorts of situations can happen between landlords and tenants when it comes to changing locks. Whether landlords change the locks or tenant changes them, both need to know what otherone can and cannot do. So all should know evrything before going to buy a property. I have some idea regarding Las Vegas Eviction Services of RocketEviction, which offers quick, efficient Nevada eviction services for apartment complex owners, high-rise condominium owners and other multi-family rentals in Clark County, Nevada.

Do you have to give 30 days notice if you did not sign a rental agreement?

Yes, but you actually have to give a full rental period notice. So, if the rent is due on the first, and you give notice October 21, you owe November rent, and can stay until November 30.

Who is responsible for tree trimming in a rental property?

You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.

You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.

You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.

You need to consult with an attorney who can review the situation and explain the law in your jurisdiction.

Can an apartment kick you out on a month to month lease?

Not without a reason, like some kind of a breach by the landlord.

What can you do if your landlord turns off your water?

A landlord turning off your water for any reason other than pre-scheduled maintenance is a textbook example of constructive eviction. So what can you do? Move out! But before moving out, you must give your landlord notice that you are leaving because of the lack of water. Carefully read the Related Question What is constructive eviction? below, and talk with a landlord-tenant law attorney or tenants' rights group immediately!

Generally, water is part of your essential utility. If your rent includes water, inter alia, then your landlord may not turn it off for any reason other than repairs. It is illegal for landlords to turn off the utilities of a tenant for non-payment of rent or for any other retaliatory reasons. This is known as illegal eviction, also a form of constructive eviction.

What is sub-leasing?

Subleasing is the act of renting out your home, or part thereof, to someone else while you are renting the home yourself. The most common form of subleasing is getting a roommate to help you with your apartment/home expenses. Basically you become that person's landlord. A sublease agreement, therefore, is an agreement between you and your roommate, similar to a lease between you and your landlord. Subleasing is usually something that landlords don't allow. If they do then your sublease agreement can be worked out between you and the person you are about to sublease or rent out to. Other forms of subleasing may be to rent out the entire unit to someone else while you are paying your landlord the rent for the property, which often means pocketing the difference (profit). One example of subleasing an entire unit is when a person is paying low rent for the unit and charges more rent than the pricipal tenant is paying, such as if the original renter is participating in a rental assistance program, something that is highly illegal.

Do squatters have rights in Tennessee?

Technically, no. Squatters are simply trespassers. Adverse possession is somewhat more restricted in Tennessee than in some other states. You can read more at the related link.

How can a landlord collect rent when a tenant files bankruptcy?

Bankruptcy has nothing to do with the tenant. If a bank forecloses on the mortgage, US federal law requires the bank to give the tenants a 90 day notice to quit, if they want the building emptied. But, it could be that the landlord will survive the bankruptcy, and there will be no foreclosure.

Under what conditions can a landlord lock out a tenant?

Probably. A landlord has no right to enter without the tenant's permission, and being in the unit without the tenant present - even with the tenant's permission - is usually a bad idea. Therefore, if only the tenant has a key, the landlord is actually protecting himself from some liability. If the tenant changes the locks, he should save the original lockset, and put it back when he leaves.

When must the landlord turn on heat in New Mexico?

I don't know New Mexico law but the general principle of leasing is the owner must make the property "habitable" and that includes supplying a heating system so it can be kept at a reasonable temperature. They don't have to pay for the heating necessarily - in the apartments I rent out, they have a gas-burning furnace and the tenant pays for gas. If your landlord controls the heat, then they must turn it on when it gets cold.

Can a landlord collect rental while the house is being repaired?

This is subject to local law, so you might want to consult a local attorney, but in general the answer is yes. If the damage and/or the repairs do not make the house "untenantable" (that is, impossible to live in), then the landlord is still entitled to collect rent. Note that if the tenant is in fact still living there, it's more or less prima facie not "untenantable."

A tenant may be entitled to break the lease and move out if either the damage or the repairs make the house unlivable, but again, you should probably consult a local attorney to determine what exactly is required for this to apply.

Is it legal to do tenant screening?

As will all legal issues, your answer may vary depending on the state where you are renting. In general though, as long as the landlord notifies the tenant and the tenant agrees to it, then a background check would be legal.

What is the Statute of limitations to sue for rental security deposit?

In WA, the statue of limitations is 6 years. Your state's may be more or less, but I am sure that the tenant's claim is time barred. If you are facing a lawsuit, consult an attorney or call your local law library and ask for the applicable statue of limitations.

What is included in a typical lease agreement?

There are many things typically provided: name and address of landlord and tenant, rental property address, term of the tenancy, rent, deposits and fees, utilities, a list of conditions of the unit, repair and maintenance responsibilities, limits on behavior, ability of landlord to enter unit, restrictions on occupants, rules of use, rules on pets, and termination information.

How much could the rent be raised?

This is more of a rent control question. Most states are not rent-controlled, but many jurisdictions within those states may be. If that is the case, then the rent cannot be any higher than the amount that is controlled by the jurisdiction. Otherwise, as is the case in most states, the rent can be as high as the landlord wants: it would be up to you, the tenant, to decide whether you want to pay the increased amount. If not, then you must vacate premises.

Is the lessor the landlord or the tenant?

Tenant and lessee are the same thing, they are a person who rents property from a lessor who own property that he wants to lease.