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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 tenant live in an apartment without electricity?

If the terms of the lease include that the tenant must have electric and the tenant is in violation of the lease terms you can evict him.

Can you legal kick out renters over the winter?

In any state except New Jersey, a landlord may terminate a month-to-month tenancy at will with a full rental period written notice, for no reason. New Jersey requires a reason. The time of year has no bearing, technically. Some judges may exercise some discretion, and allow the tenant to stay longer, as long as the rent is paid.

What are the legal requirements for a rental apartment?

To rent an apartment a person needs to have their social security number and some form of government issued photo ID. Most landlords will require past rental history and/or personal references.

Can a landlord say a tenant trespassing with nonpayment rent?

No. Unless the landlord lawfully evicts the tenant, he cannot have the tenant arrested for trespassing because of nonpayment of rent. Of course, the exception to this rule is the hotel/motel setting, where this does not become a landlord/tenant relationship, but rather a transient relationship with an innkeeper.

Can you withhold rent until a serious black mold issue has been resolved?

Yes, but you need to open an escrow account and put the rent money in the account while the repairs are being made. Also, send a letter to the landlord, certified mail, listing the repairs and explaining the escrow account.

That's the "Cliff's Notes" version.

Look in the phone book for Legal Aid, or call your county bar association. Don't rely on info you get online

Can a landlord change terms of lease after its been signed?

Most leases will have a provision on it that the landlord can make some changes on the lease with a notice of at least 30-days before the next rent is due. But these changes cannot be radical.

Is the landlord responsible for the roach infestation?

It depends on two things..which can vary from state to state

1.The landlord tenant laws in your state...

2. The lease agreement.

Some States require that the landlord be responsible for all forms of pest control (ie) roaches,rats,mice,bees,bed bugs,ants,spiders,ect ect..

Some States only require the landlord to insure that a rental unit is free from all pests before renting the unit and then any further pest control is the responsibility of the tenant...

Lease agreements can also have stipulations for pest control as well according to the laws of the state....(ie) A landlord may be responsible for the control of mice,rats and termites but may not be responsible for roaches,bed bugs and ants...

So check your lease and the laws of your state....

How many days Notice to tenants to vacate apartment?

Your local landlord/tenant law will state the procedures for eviction and the amount of time from when notice is first given until the tenant must be out, before a court order can be obtained to physically remove them.

It could be anywhere from 14 days to several months, not including any delays for related hearings on counterclaims (such as fraud, health-code violations, etc).

Is it illegal to change the locks of a rental property without notifying the tenant?

I can only answer for Massachusetts, but I think you can. The landlord has a right of entry, but he should get the permission of tenant, and the tenant has a right to be there at the time. If the landlord needs to get in during an emergency, perhaps he should be calling the police.

Where do you file a verbal harassment report?

While you can file verbal harassment charges against your employer, most people in the United States end up losing these cases before they ever come to a jury trial. Laws vary around the world.

How do you evict someone living in an apartment you leased for them when they refuse to pay rent?

That would depend on local laws. You may consider getting an attourney, but in most places, you can just post eviction notices, and if they ignore, have the police deliver one. It can talke 60 days or longer to get someone out of an appartment.

Will you lose your section 8 voucher if you are evicted on section 8?

If you weren't on Section 8 when you were evicted, yes. If you were on Section 8 (now known as the Housing Choice Voucher Program) and were evicted because of violation of lease or non-payment of rent, you could lose your voucher, something that your Housing Program Coordinator and his supervisor can decide on a case-by-case basis. Let's clarify that an eviction is not a simple note by the landlord asking you to move: it's a court proceeding petitioni9ng a judge or magistrate to force you to move out.

What is the worst that can happen to you if you do not pay rent or break the lease?

The renter will be subject to eviction. The exception to this is if the state where the person is renting has laws that allow the renter to withhold payment due to the landlord not keeping the property up to code. Withholding rent payment is a last resort and the state's landlord-tenant laws should be examined before the action is taken. The renter can contact the state or local housing authority for assistance.

Can landlord call you at work?

Depends on why they're calling. If it's to say that the pipes have burst, and they're going in, then that's fine. But, if it's to collect the rent, then they are probably violating the Federal Fair Debt Collection Act. The thing is, a tenant could lose their job because of that kind of call. The tenant who was struggling to pay the rent with a job certainly won't be able to pay without one. So, the landlord can really screw himself by calling.

Can prior felony charge keep you from buying a home in a mobile home park?

I doubt very much if there is any way it would technically prevent you from 'buying' . However the park has the right to grant or refuse any tenant application to live on their land, felony or not.

If the landlord owns washing machines and charges tenants for use can he also charge for the water used?

Normally, the landlord does not charge for water. In most states it is illegal for landlords to charge their tenants separate utilities. However, the landlord can have utilities in its own name, the bills of which can be passed over to the tenant for payment. Also the tenant is not allowed to charge for water and sewer to tenant of multi family attached units (such as apartments).

If I paid first and last months rent do I have to pay last months rent again?

No, you are not required to pay last months rent again. Just make sure you are not mistaking it for the security deposit. Rent and security deposits can be the same amount. Check your rental agreement for clarity. Julie

On a month to month lease how much time a tenant has to give before moving out?

One full rental period. So, if the rent is due on the first, the notice should be given by the last day of the month, to move at the end of the next month. If the rent is due on the 15th, notice by August 14 means move by September 14. If the rent isn't paid, that's a different notice, depending on the laws of the state.

Can you use a deposit for the last months rent?

This would depend on the landlord. If you landlord says yes to this, which I seriously doubt. Then obviously when you moved out you wouldn't get it back.

Talk to the landlord about your situation. Maybe something can be worked out.

Does an employer have to pay you if you give a twon week notice and they tell you that you dont have to give the notice?

No employer is under any obligation to pay an employee who gives a two-week notice the additional two weeks. An employer can accept your notice but not accept the date of your notice. The notice is supposed to be the employee's attempt to eliminate or minimize the employer's trouble for the employee having left the position, by giving his/her employer time to find and train a replacement. But whether or not your employer decides to keep you on for additional time after you've submitted your notice is between you and the employer. Your employer is under no more obligation to keep you there than you are to stay there an additional two weeks.

It's important additionally to see if the state in which you live is an "at will" state. In many states, an employer can essentially hire or fire for any or no cause.

What is a stay of eviction?

A stay of eviction is a temporary hold on the eviction process that a court sometimes issues for some extraordinary reason. If a tenant is evicted, but there would be a substantial hardship on the tenant or the family, the tenant may apply for a stay of eviction. If there is a genuine hardship, the court will order a temporary halt in the eviction process but only until the hardship or until a reasonable time for the tenant to take care of the hardship passes. In many cases, if a tenant is evicted in mid-month, he or she will not be able to find new quarters until the first of the month after the month that immediately follows the eviction. Hardly any court will put a family and its belongings on the street at least for one month. This gives the evicted tenant some time to find a new home.

Do sheriff serve eviction notice?

It's not required, but you'd be silly not to do it this way. Here's why: It only costs $11 last time I did it. So $50 now max? Professional Process Servers are notorious for lying about making the service, and the courts know it. Once, the process server told the court he served papers to my wife, who he described as 5"1 and blonde, and 200lbs. When I introduced my 5"6', brunette 120lb wife to the judge, the service was quashed in a heartbeat. Officers if the law, however, will lose their jobs for that kind of thing. They know it, the court knows it. And so they're always credible. And what's more, unlike process servers, they get paid whether or not the service is made (they give it 3 tries). Also, if the sherriff feels someone's avoiding service (or in some jurisdictions, after 3 tries), they can "drop serve" by nailing the subpeona to the door. Private process servers can't do that. Get the sherriffs to do it.