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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 go through a tenants mailbox?

If your name is not on the piece of mail, it is not legal for you to open the mail. Forward it to the correct address, which costs you a minute to correct the address and replace it in the box.

Can a tenant tamper with a thermostat installed by landlord?

You failed to mention your location, therefore this answer is probably not accurate to your situation. Re-ask the question giving your location for an accurate answer.

Not specifically a law no.

Generally, if it is not covered in the contract between landlord and tenant, there is very little that can be done. The contract should state clearly that the thermostat should not be tampered with - if it doesn't, then the tenant is free to do so because you have not made it aware to them.

If you have locked the thermostat and failed to mention so in the contract, you are liable to prosecution yourself by the tenant for misinformation.

If it is mentioned in the contract, you can write the tenant a notice that they breached the agreement. This serves as a polite written warning, not a legal threat.

If the thermostat was turned up and they are restricted from doing so via the contract, then it is a theft of services which they are not paying for.

The tenant can be charged for any damages to the lock, whether the locking is mentioned in the contract or not.

Please beware however that there are many tenants rights movements out there that will actively push landlords to remove thermostat locks, because they believe nobody has the right to choose how much heat a person receives.

The recommended course of action is:

  • Polite letter informing of a contract violation. Charge for any damage.
  • Warning letter informing of their continuance to violate the agreement. Charge for damage.
  • Final warning. Charge for damage and cost of services "stolen".
  • Eviction.
If the locked thermostat is not mentioned in the contract, however, as stated above, there is little you can do and you have no right to lock it unless it is stated in the contract.

The answer could also be different in your region. So, as suggested, re-ask the question giving a specific location. This website serves every country and region on the planet.

How long can you stay in the house after an eviction notice?

There is no reason for it to expire. If you've been served an eviction notice, then you are to leave the property. They may come and remove your property and change the locks if you leave the place unattended.

Answer:

An eviction notice need to be served within 30 days and it will only be expired on the date that you already move out from the place.

Can a tenant move out immediately without notice if there is no lease?

You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.

You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.

You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.

You need to check the laws in your state because state laws vary on that issue. You should call your town hall to ask if there is a landlord-tenant agency in your town that you could call for advice.

Is tenant required to repaint walls they painted after four years?

Check your original rental agreement.

If it states the apartment must be in the original state (less wear and tear) then yes.

If you have used a colour that is unusual, a deep shade or basically anything but "apartment beige" then most likely yes.

If however you acquired the landlord's permission before painting, and there was no rider stating you had to return the walls to their original colour, then no.

If the colours you painted the walls fall under the "commonly used apartment" colours and they are in passably good shape, then no.

How does a landlord evict a tenant in California?

In order for a Landlord to begin the eviction process, California law requires all persons residing in the property be served with a notice. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.

Do not every use unlawful methods to vacate the rental premises. If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

In Florida if a rental lease is up how do you evict a tenant?

If your rental lease is up then you arent really evicting a tenant as much as you are notifying them that you will not be renewing the lease. You need to give at least 30 to 60 days notice to be fair to the tenant.

If the lease is now month-to-month or a periodic tenancy then it can be terminated for any reason, although I would still recommend 30 days notice to avoid any problems.

What do you do when your home is being foreclosed upon?

Either attempt to renegotiate the terms of your mortgage with your lender or file for bankruptcy.

Is the landlord or tenant responsible for damage caused by attempted break in?

If the damage was not done by you or someone you know and you file a police report then the landlords insurance should cover it. But he may not want to claim it. If he dont want his rates to go up. Or he may raise your rent. His insurance only covers the building. you mite want to get renters insurance to cover your personal property for damage or loss.

How do you fight an unfair property lien?

I suspect you mean is what you feel is an unfair property tax assessment that is now a lien against the property.

Generally, all areas work similarly, and the amount of either a real or personal property assessment is provided to you buy mail and public notice, and you have a certain period of time to protest to the assessing jurisdiction (tax assessor), or it becomes final and is used to determine the tax on the property, that the tax collector must collect, using all available means. that normally simply means sending a bill. The laws are written that you cannot protest the bill/assessment amount after that period. No one even has the authority to hear or act on the complaint.

However, you can protest it the nest year, when you receive the notice of assessed value. Its actually pretty simple in most places, with the first few steps being fairly informal. Meet with the assessor, explain why the assessment was wrong...pointing out things like he didn';t consider that your property is smaller than the others, your house doesn't have a basement and most of the others do, etc. But understand, you must show that your property is appraised unfairly in comparison to the others in the area...it has nothing to do with how much tax you pay or your ability to pay it. That you protest in elections and political campaigns and community involvement. And of course, if you mean some creditor has gotten the right to lien your property for a debt you haven't paid, or apparently responded to notices about them acting to enforce...well...better get a lawyer to prove the lien action is illegal...as it seems someone showed the court there is a debt (these liens just don't happen without someone proving a justification)...and you ain't paying it. Again, your failure to respond previously is an obstacle to overcome.

How do you remove a unlawful detainer?

A homeowner can win an unlawful detainer case by proving their case to a judge. The chances of winning are greatly increased by seeking the aid of a local attorney.

What can a landlord do if tenant vacates property without notice?

Most states have a rule, under their landlord and tenant act, that if the rent is due, and a specific time has passed - in most states it's 15 days - and there is evidence that the property has been abandoned, such as the electricity being turned off, then the landlord may take possession of the property without going to court.

Can a landlord be sued for locking out a tenant that is not on a lease?

Yes. But, you used the word 'tenant'. If some kind of tenancy has been established, then the landlord cannot lock the tenant out. Signing a lease is not the only way to establish a tenancy. Simply accepting rent money makes the payer a tenant, if it is clearly in exchange for use of the premises.

So, if he is a tenant, no. If he is merely an 'occupant', or guest of the tenant, probably.

Can I evict a tenant living in my home with my spouse?

is he/she paying rent, do they have a lease or a verbal agreement, if not then yes, give them 30days notice to move, if they do have an agreement, then no, unless n on-payment of rent or any other reason that would damage your property,.

CAN I SUE a landlord for mold problems?

Absolutely. And more and more renters are doing just that. Mold is a proven health hazard, especially to young children, the elderly and those who have respiratory problems. You must also make sure that you have documentation of everything. Also, any problems pertaining to the mold must be in writing to provide backup, otherwise you may not have a legitimate suit. If you signed a mold addendum when you moved in, make sure you read your copy thouroughly for more info. Since mold is caused from some sort of water, your landlord must fix the problem, it is most likely a leak. (Again, this must be in writing) In Texas, I know for sure after you give them 3 letters in writing (certified mail is a good way to go), you can break your contract and then I would pursue legal action. Mold is type of fungus that is present in our natural environment. Mold spores, which ar tiny microscopic "seeds", can be found virtually everywhere, including in homes, and are a part of the general dust found in homes. These spores can grow on building materials and furnishings if conditions are correct. Excess moisture is the critical factor in any indoor mold problem. Mold growth should not be tolerated in our homes. Eventually, the moisture and mold will damage what it is growing on, which may include both the building and the renter's personal belongings. The key to preventing mold growth is to prevent moisture problems. Health effects from exposure to mold can vary greatly depending on the person, the amount of mold in their home. The type of symptoms that may occur include coughing, wheezing, nasal symptoms and throat symptoms. People with asthma or allergies who are sensitive to mold may notice their asthma or allergy symptoms worsen. Individuals with severely weakened immune system who are exposed to moldy environments are at risk of developing serious fungal respiratory infections. MDH recommends that people consult a medical professional if they are concerned about the effects of a moldy environment on their health.

If a rental property is damaged is the landlord responsible for paying for housing?

Type your answer here...

IF the damage makes the place uninhabitable (which should be determined by a code inspector), and the damage was not caused by the tenant.

How long do you have to keep property left by renter?

Specific state laws should be consulted to find out exactly how long commercial property must be held in your state. Most states require less than a month.

Can a landlord keep your possessions after an eviction?

How a landlord deals with your possessions vary from state to state in terms of law. In Florida, for example, your landlord can keep your possessions, while in South Carolina, your possessions must be moved to a curbside where you would have access to them to remove them. If the property remains there after three days then the landlord can arrange for them to be disposed of. And in some states the landlord has to place the items in storage, of which the tenant will be responsible for its fees.

How do you kick someone out of the house who is on the lease?

Sometimes when living situations do not work, a person must be removed from a lease. Usually, a person only has to speak with the landlord, and the landlord will remove the person from the lease.

If you live in a house and it is sold does the old landlord have to give you back your security deposit?

No. In the estoppel that your old landlord signs to the new landlord the security deposit is turned over to the new landlord, who keeps the deposit where it is now, or tells you where your deposit will be located.

Can you evict a renter for not paying rent for one month?

Yes, but you have to give them a 30 day notice to terminate tenancy.

Is a verbal rental agreement binding in Virginia?

What you are creating is more of a "Gentleman's Agreement" than a contract. It is not legally binding but depending on the conditions, if both parties trust one another, it could work for a simple room agreement.

How old do you have to be to sign a tenancy agreement?

Most states require that you be of the age of majority (generally 18) unless there is a legal emancipation or something to that extent.

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