Landlord-Tenant Issues

I honestly used this site once, thinking that a professional was answering the questons, so my question still isn't answered. But I do know that it can be added butwould be very hard to get back into any apartment in the future.

You need to consult your bankruptcy attorney for an answer to this. The answer would depend on where you are in the process of the bankruptcy; drawing up the papers, already filed, had a trustee assigned or already discharged.

A rule of thumb is to add ANY account or money owing to your bankruptcy request. The idea is that you want to show the trustee how overwhelming your debt is. Not everything listed is necessarily discharged, and it may be that your present rent will be excluded. Once again, you need to check with your attorney who should be familiar with the allowances and exclusions.

Yes, in the U.S. this is a federal offense, and you should file a complaint with the local postmaster. Also, many courts have found this to be a breach of the tenant's quiet enjoyment.

However, you should always file a change of address card with the post office or ask it to hold your mail for a later pick up. If you don't trust your landlord you should rent a post office box and have your mail held at the post office.

it doesnt matter who you are, if you pay your rent late, you get charged, sorry my mistake, unless your aboriginal you get late charges.. katy

Call your local town office and ask to be connected to the department that issues Certificates of Occupancy.

It really depends on the circumstances of how they came on to the property. If they simply are trespassers, then the owner should simply have to call the police. If the landlord allowed them on the property, however, but won't leave, some places require a court-ordered eviction. And then again if someone first trespasses, but enough time goes by that the owner should have done something but doesn't, there too the "squatters" may have gained enough time to have to be evicted by court order. Often it depends on state statutes.

The Landlord can enter the premises without pemission only in the case of an emergency. The next question would be "what is an emergency?" and I don't have a definitive answer for that one.

You should be able to.

Ground leases offer many advantages to the landlord. A ground lease will usually involve construction or improvements that will be profitable to the landlord. Since the landlord maintains ownership of the land, the landlord can sell the land for a much higher value or pass on the appreciated value of the land to his heirs.

There is also a positive advantage of ground lease for tenants. A ground lease allows the tenant ready use of the land avoiding blocking of huge money in a large land purchase. Leasing the land will facilitate the tenant to use funds for more productive expenses.

nothing realy unless you want to take her to small claims court and then even if you win you get nothing if she dosent work its a no winner sorry it has to be that way for landlords also this is for ny state so i dont no what state your in

look at your state laws. In California, you have to act quick and send them a 3 day notice to quit or pay form. If that doesn't work, then you file an unlawful detainer lawsuit with the courts.

They sure can.

See the state's guide to tenant rights and responsibilities for more info.

http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Housing+Information&L3=Tenant+%26+Landlord&sid=Eoca&b=terminalcontent&f=tenants_rights_and_responsibilities&csid=Eoca

Common sense first.

If you are being evicted, you should just go.

Since you are asking for your minimum legal responsibility...

The landlord must first win in court.

Then you will be served by a court order.

This order will state extremely clearly when you must go.

Don't expect a lot of time.

No, not always.

In cases of emergency (fire, major water leak), they may enter without delay.

More generally, however, the landlord is required to give notice, e.g. 24 hours, and to enter during "normal business hours", e.g. 8AM-5PM.

They would need permission otherwise but a tenant can't refuse a justifiable entry such as coming in for scheduled maintenance or showing the apartment when the tenant is leaving or being evicted.

"Notwithstanding" means not withstanding, or "even if"; "foregoing" means "what was mentioned before." "Notwithstanding the foregoing rules about not having pets allowed, the handicapped individual is entitled to have a service animal with him wherever he goes... This means that even if there are rules against having animals in the building, the handicapped individual may bring his service dog with him.

Well, I guess that if the landlord doesn't like dogs or they think that your dogs too noisy or too messy then they could kick you out.

And if your lease specifies no pets, or no dogs, they can terminate your lease.

BY Sacking you

Leasing is said to be an agreement between two parties; tenant and owner. In Real Estate, leasing means allowing temporary use of land, houses, and buildings to tenant. Both the tenant and owner will sustain the terms and condition of contract for the lease to remain valid.

Housing notifications are usually left up to state laws, but the time for notification is usually 30 days in most states. If there is a lease for a determined period, 60 days should be given and the roommate leaving should help find a new roommate because that person would be responsible for the rent for the entire lease if no other roommate is found.

Since it is not illegal to be a slumlord, turning one in is not possible. You might work with renter support groups in your area to see if you can get improvements.

Matters such a locks are usually covered in a written lease. If it's not covered or if there is no written lease you probably can. BUT, you must give the landlord a key. The landlord has the right to enter in an emergency and upon reasonable notice to the tenant to inspect the premises.

Keep in mind that landlord / tenant relationships without a written lease are generally governed by state law, so the conclusion may differ from state to state.

When I was a landlord, there was an option to change the keys for a tenant. I had it done at my cost and held a key. Most locksmiths will not change the keys if you do not own the home.

In many commercial leases the tenant is EXPECTED to change the locks and the landlord may not want to even have a key. For example, when renting a self-storage unit, the tenant would typically add his or her own lock to the unit. Upon default or emergency, the landlord would simply break the lock to gain entry, then put on a new lock.

A landlord can evict a tenant for any reason he wants, except reasons that are retaliatory or discriminatory. The reasons can include, but not limit to: Non-payment of rent Property conversion or transfer of ownership Violation of the terms of the lease, serious or repititious (two within the year) Arrest Nuisance to neighbors

The tenant cannot vandalize the property, and will be responsible for any damage to the property beyond normal wear and tear. Also, the tenant has to no right to live on the premises rent free.

When your leasing period expires, in the absence of any other written lease renewal or modification, you automatically go onto a month to month rental period.

You have to go to your local courthouse and take the tenant to court. Tell them you want to evict a tenant. This will sadly take a long time (in NY, 6 months) and may include lots of costs if you hire a lawyer, which is recommended. Download a 3-day to vacate notice and give it to the tenant. This may scare them and maybe they'll move out. Otherwise, get them served and send them an official notice by the deputies in your community in person telling the tenant that you want to evict them and request that they evacuate the property immediately. Don't do anything illegal like locking them out or throwing out their possessions. This can get you sued. Look up local laws. This can be provided at the library. Check to see your rights as a landowner and standard procedure for eviction in your area.

This depends on whether the tenant's frequent calling and complaining are justified. If the complaints are justified, the landlord may not evict the tenant because of such assertion of the tenant's legal rights. Such an intervention would be considered retaliatory and may entitle the defendant damages of up to three months rent abatement. However, if it is determined that these calls are frivolous, then landlord may evict the tenant.

It can, usually such things are covered in your lease and generally there is some protection in how much it can go up. Some states have laws regarding rent increase.

Sometimes landlords will up the price if they get a lot of application for tenants. If you and the landlord haven't both signed the lease agreement then its still legal for changes to be made. Leases can also be amended, though usually this requires the tenant's agreement.