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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 you date your landlord while on section 8?
This is rather touchy, because a landlord cannot be a relative of the tenant except under certain circumstances where the tenant is disabled
Only if the consumption of alcohol is directly interfering with your enjoyment of the property. Are there late-night parties? Are beer bottles presenting a safety hazard? Talk with the landlord, and if that is to no avail, see a real estate attorney (look for one who gives "free consultations"--see the phone book).
What are the legal ramifications for breaking a verbal agreement?
A breach of verbal agreement is when for example:
You make a spoken agree with a landlord to clean your house when you move out.
You move out and leave it all dirty. You have breached a verbal agreement.
Its kind of like breaking a promaise!
Who do you talk to when landlord would rather throw you out than fix the problems with the house?
This depends on how essential the repair is that needs to be made. You have two options: fix the items yourself, or move out. If you want to fix the items yourself, or have the items fixed professionally, then offset the rent, you must provide landlord with a written statement at least seven days before the next rent is due. Keep in mind that your landlord could still initiate eviction proceedings against you, but if the repairs were essential your landlord will lose the case, and you can countersue for damages of up to three months rent abatement. If you choose the latter, your landlord may keep the security deposit but you can sue to have it back.
How much can landlord charge for late fee in state of Minnesota?
Minnesota AG's website states:
Late Fees
The rent must be paid on the date it is due. When a tenant is late in paying rent, the landlord has the legal right to start eviction proceedings. (See page 24 for an explanation of eviction proceedings.) If a tenant pays rent late, the lease may require the tenant to pay a late fee. The lease must state how much the late fee will be and when it is due. The late fee must be a reasonable amount that compensates the landlord for actual damages resulting from late payment but is not designed to penalize the tenant. (56)
Does a lease agreement have to be in writing?
No, you can have an oral contract. And the courts can enforce an oral contract. There are some specific types of agreements that have to be in writing, such as the sale of land or anything for more than a year.
What does motion to open judgment denied after hearing mean?
It means that someone (probably the losing party) petitioned the court to have the case re-opened and the original judgment re-considered. A hearing on the matter was conducted by the judge - and after hearing arguments for and against, the motion was DENIED.
Will incarceration break a landlord tenant lease?
No, although the landlord does have an obligation to try to rent the place to somebody else (mitigate his loss). The tenant should get somebody to remove his stuff and put it in storage, and return the key to the landlord with a letter saying that he surrenders possession.
Can your landlord enter your apartment when you are not home ny state?
In NY, your LL is not permitted to enter your apt without your permission except if there is an emergency.
The term 'emergency', unfortunately, isn't clearly defined as it would concern this topic.
However, a landlord entering your apt without your permission and also without an emergency would be trespassing. A trespassing landlord can be fined just as any other person could be fined for trespassing.
You don't have to allow the LL access even when you are home. You don't even have to allow the landlord access for the purpose of showing the apt to prospective tenants in the event that you intend to vacate.
However, the LL can request access for an inspection and you must, within a reasonable amount of time, grant access to the LL.
The term 'reasonable', also, isn't clearly defined as it would concern this topic.
Some states have laws that say a landlord cannot refuse the rent, if the tenant has all the rent owed. If the tenant only has some of the rent, all the statutes I know of also say that the landlord can reject a partial payment. Many landlords will say, "Look, if you don't have it all, keep what you have, and use it to move."
What happens if you do not sign a certified letter?
After a few attempts, It will get sent back to the sender. If the letter petains to contacting a person about a debt obligation, the law presumes that a reasonable attempt has been made as the post office or courier service will mark the correspondence as the addresse refused acceptance. That in turn means that the creditor can proceed with whatever action is required to collect the debt owed.
THAT IS NOT TRUE SERVICE UPON A PERSON MUST BE PERFECTED IN ORDER FOR YOU TO PROCEED WITH A COURT CASE.
SOME CASES PERTAINING TO RENTALS AND SUCH IF THE PERSON HAS ABANDON THE PREMISES THAN THAT MAY ALLOW YOU TO PROCEED WITH A COURT CASE
CHECK WITH YOUR LOCAL COURT ON THE RULES AND PROCEDURE REGARDING SERVICES BY PROCESS
ONLY IN THE CASE OF A PERSON SEEKING A DIVORCE FROM A MISSING SPOUSE CAN YOU GET A COURT AUCTION GOING AND THAT (TYPE OF DIVORCE) IS THE LONGEST TO GET SOME STATES IT 120 DAY WAITING PERIOD.
Can a landlord evict someone living on their property when they haven't signed a lease?
I am presuming we have three components here: a landlord, a tenant, and a subtenant. The landlord in this case is presumably renting to a tenant, while the tenant is presumably renting to a subtenant. I presume that tenant has a lease while the subtenant doesn't.
The tenant becomes the landlord for the subtenant. Since there is no lease (in most states subletting does not involve a lease) in this case, the tenant who is the subtenant landlord can evict the subtenant. While the main landlord can evict the tenant -which automatically evicts the subtenant -only the tenant can evict the subtenant. But the main landlord can evict all by evicting the tenant.
Is an unlawful detainer the same as an eviction?
No. Not technically. An unlawful detainer is the name of the pleading filed in order to eventually obtain an eviction, which is where the law comes and puts you out of your landlords property. In law words have very specific, individual meanings. Sometimes lay people use these legal words interchangeably, thereby unwittingly making "unlawful detainer" have the same general meaning as "eviction."
In other words unlawful detainer is a piece of paper, and eviction is the physical act of the authorities putting you out and your landlord back in. Thanks.
Is it illegal for the landlord to withhold mail if your living there?
This is a question you should ask the post office. Anything dealing with US Mail is under their jurisdiction, and is under federal laws. Withholding mail is considered mail theft, a federal offense.
How can you get your apartment back after an legal eviction?
He can sue you in small claims court for the arrears
How much your section 8 will pay for your rent in California?
The Housing Choice Voucher, formerly known as Section 8, has payment standards by which a dwelling is subsidized. It subsidizes the rent of the dwelling, up to a certain amount, known as the payment standards for the area, minus your portion of the rent and a utility allowance (what the average person pays in utility cost for the type of dwelling you are eligible to rent). Payment standards, which ranges between 90 and 110 percent of fair market rents (FMR's) in the area served by the public housing authority (PHA), are set according to the number of bedrooms the family is eligible to rent of unit of. For example, a family of either one person or a married couple is eligible for a one-bedroom apartment, and the FMR for the Timbuku area is $650 per month, including utility allowance. Timbuku Housing Authority's payment standards are set to 100% of the Fair Market Value for the area, so the payment standard is $650 per month. The amount of subsidy will be the lesser of the actual rent plus a utility allowance, or the payment standard, minus about 30% of the family or person's income, minus lawful deductions (disabled and elderly families get $400 deducted, children get about $350 per child deducted, etc.).
Can a landlord break your lease and evict you after you have already moved out?
It would be helpful to know whether this has already happened or if you are just wondering about it happening. He might want to go through the actual technicalities of the eviction for legal reasons.
in my past experience.. i had a similar situation so i contacted a lawyer and was told what i needed to do was send a certified letter to the apartment complex stating the situation and giving them 30 days to fix the problem. if they fix the problem then you can not break the lease without penalty. If the apartment complex does not comply within 30 days on the 31st day you can move and legally can not be charged to terminate your lease. In the letter, it must include your name, address, a 30 day notice to vacant without lease penalty if the situation is not fixed.. you must be specific to what the situation is and include any other helpful information. I had to do that about 3 years ago and the apartment complex did not comply so i ended up moving and was never charged a lease fee. Hope that helps.
If they knew it had the black mold before renting it to you then yes its illegal and you could possibly sue for damages due to your health problems.
What is the Average annual rent increase?
If your not in a rent controlled area like Washington D.C, New York, New Jersey or California its about 3%. But its is also at the landlords discretion but 3% is the national average.
If your verbal agreement was for a lease lasting more than one year, it would have to be in writing to be valid. I Dthat case, the landlord would be able to change his mind, because there was no valid contract in the first place.
If, however, it was for a month-to-month lease, or a lease lasting less than one year, a verbal agreement is sufficient to create a valid contract, and if the landlord cannot change the terms after the contract has been formed, otherwise he is in breach.
However, the answer below is right about one thing: even if the verbal agreement technically constitutes a valid and binding contract, absent any evidence of the agreement or its terms, proving that it was made in the first place will be very difficult.
Whether it's strictly necessary or not, it's ALWAYS a good idea to get agreements like this in writing, signed by both parties, since people tend to conveniently "forget" the terms of verbal agreements when it's convenient.
AnswerYes. A verbal agreement is not a legal contract. If the two of you disagree on something that was said it will be his word against yours, as it is hard to prove otherwise. Always get it in writing! A written contract is vital since it will be legally binding.Can adjudication withheld be cleared off your record?
It still is on your record, only it does not show up as a conviction, you are just not declared guilty of the offense.
Can a landlord collect rent during an eviction?
If the landlord or representative of the landlord, such as an on-site manager acting on their behalf accepts any portion of the rent and they have already begun eviction proceedings, they will have to start over with the legal process if you are being evicted for not paying your rent.
How often can your lot rent be increased?
Legally, in the United States, lot rent can only be raised by $200.00 at one time. However, there is no limit as to how much a landlord can raise rent per year.
