Landlord-Tenant Issues

A certificate of occupancy is a document which is issued by a local government which declares it suitable for occupancy. Being suitable for occupancy is decided by inspecting the building to make sure that it meets requirements for local codes.

Local laws and rules vary widely, but you typically have the right to written notice of the reasons, some period to correct the problems, and some date by which you must leave, all administered by a local court (or perhaps another government agency).

Tenant protections often depend upon whether it is a private or commercial lease or a tenancy at will, written or oral, how long it has gone on, etc. For example, a simple "guest" for a month might be evicted as a trespasser if there is no indication it was ever a "tenancy".

A landlord may be required to seek a court order to have you and your belongings physically removed by local authorities after fulfilling all legal obligations to the tenant. There may be provisions for whether the landlord is required to put your belongings into storage and the maximum time in which you must claim and remove them or they will be auctioned to the public. Other rules may specify the conditions under which your so-called "security deposit" can be debited, and that you must be given a specific accounting of each disbursement (i.e., rent, repairs). Certain classes of tenants may also have special protections from abrupt evictions (e.g., those who are disabled, have young children, are on welfare, are in the military, are students in a dormitory, etc). There may also be "anti-retaliation" limits, if a tenant has reported landlord violations, such as a presumption of retaliation if such a tenant is evicted within six months, and a tenant might argue this during the eviction process to obtain an extension on the date to vacate. 562A.24 LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT. 1. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for an amount which the tenant may recover under the rental agreement or this chapter. In that event the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If rent does not remain due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith the landlord may recover reasonable attorney's fees. 2. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1, but the tenant is not required to pay any rent into court.

State's establish laws that pertain to rental/lease agreements and landlord/renter issues. Contacting your state housing authority should help you obtain the information you need.

Is called a lease.

Right after the tenant has moved out, if the landlord has his case ready. There is no waiting period, but the statute of limitations limits the amount of time the landlord has to file the lawsuit.

No. If the walls and ceilings are clean and free from flaws then the Landlord does not need to paint between tenants. If you have lived in the property for over 4 years, you are within your rights to request that the landlord paints the walls and ceilings, if the walls are wallpapered the landlord should replace it every 7 years if necessary.

However, If the tenant and the landlord disagree about the condition of the paint/wallpaper, or any other service, the tenant may file for a hearing. An inspector will look at the unit and write a report prior to the hearing. At the hearing, a Hearing Examiner will listen to testimony and evaluate the evidence. Within 30 days of the hearing, the Hearing Examiner will issue a written decision.

Hostile behavior is not self explanatory and it may be a matter of opinion. It depends on what the tenant is doing and how he/she expresses hostility and the provisions in your lease agreement. You should call your local landlord-tenant agency and speak with a caseworker.

not in any state. To get repairs, the tenant needs to give the LL

30 days to make any repairs. If not done, the tenant is to call

licensed contractors who do the kinds of work done that the tenant needs done.

THE tenant pays the contractor and gets a receipt. The tenant

gives a copy of the receipt and any remaining rent [gross rent minus

that amount paid for repairs] due to the landlord.

Yes, land owned by tenants in common can be sold by a court decree through a partition proceeding in a court of equity. However, the costs will be deducted from the proceeds of the sale before they are equally divided between the co-owners. A partition proceeding can be costly.

The issue should be discussed with the other tenant in common first. It may be cheaper for them to buy out the interest of the co-owner who wants to sell.

That all depends on the contract you signed and the circumstances. You need to review the contract and consult with an attorney if necessary.

When ANYONE sends certified mail they receive a return card, normally a green one. This becomes proof that a certified mail has been sent and the recipient has received it. The sender can then proceed to the next legal step.

Absolutely! Most of the time when you evict a tenant you want to supplement the eviction by a judgment for damages to include, but not limited to, past due rent. A judgment for both eviction and the damages will then be posted on the official records of the clerk's office.

Yes, in certain cases the landlord may be held liable for damage caused to a neighbor's property. This is typically the case if the landlord has failed to maintain the rental property in a safe and habitable condition, or if the tenant has caused damage due to negligence. The neighbor may be able to sue the landlord for damages. To get more detailed information you can visit real estate agents like Umega in Edinburgh, who are professional estate agents in Edinburgh.

Keep a record of; the date and time, who it was, where it was, what they said or did. If telephone calls keep record of the time and date so you can easily check your bills to mark off the calls if needed in court. Most Important Know Your Rights. I'm not sure of the total situation but you can call a free legal service in your state and be connected with an adviser who will guide you through your rights. You can also google it, by typing your state first, then typing laws on harassment. There is so much you can do to put and end to it. So please don't allow this. Keep records of everything even if it was the way (s)he looked at you or made a stupid remark or comment. keep it all dates and time and how it made you feel at the time, ex: it scared me or it made me sick. If you do go to court this is what the judge will want to see, PROOF. If you can also get a tape recording of the incident or incidents, the more the better, less for you to say at court. Good Luck!

It depends. The most common arrangement for tenants is for them to be "tenants in common," that is, equal parties to the lease. At common law, tenants in common have a duty not to infringe on the rights of the other tenants to access to the property. If one tenant kicked the other out in this arrangement, that would certainly be impermissible and the removed tenant could sue.

On the other hand, if one tenant has some superior right to the property, for instance if one is the party to the lease with the landlord and the other tenant is a sublessee, then the party to the lease may have the right to kick out the sublessee.

Keep in mind, this is at common law. Many states modify the common law by statute. You should consult a lawyer in your state to determine the correct answer for your state.

Each court has its own way of handling evictions of tenants. They usually have packets of the proper documents you must fill out to begin the process.

Depends what and when you are trying to fix it. If it's because rent wasn't paid, then pay it. If it's because the Tenant is breaking the lease or house rules in some other way, stop breaking the lease. But it may also have to do with when you try. If you are in a "grace period" -- that means there's a lease provision that says you can't be evicted without being given a time period to try to fix ("cure") the problem -- then before the end of the grace period. If it's after that and the landlord has spent the time and money to take you to court, you may have a harder time and usually must cover the landlord's attorney fees and court costs too. And if there's no grace period, less chance.

I am no lawyer but...

The notice of eviction should make this very clear.

Read it carefully and do a search of Tennessee law to confirm it is legal.

I really don't have an answer but the cops have told me to call them with every occasion- ya I know... With ours it first started off with our trash cans blowing over in the wind mind u we live in milwaukee, wi, It does get very windy from time to time, but when this happened we weren't home both my husband and I leave at 5 am he says that I have seen them blown over and just ignored them (i would of ran them over to leave) then there an issue about our trashy yard? I have three kids under the age of 8 at this time and yes they have friends it was noit trash it was toys!!!! Oh and along came the most snow in practically 100 years and we never pick up our dogs poop!!!! OH my GOD is there any end.... oh no now just to day I put my dog out so I could mop thekitchen floor and withn 40 mins the cops were at my door!!! Please we've have tried to be civil with this man but he has threatend me and my husband. We fixed the trash problem that we didn't know was happening becuz someone would pick it up before we got home but we fixed it ..... our kids toys they'll just have to get over it, everything else was stuff we could not controll but feel like i have to explain myself everytime i talk about this there was not 30, 20, or even 10 piles of poop in our yard on top of all it was covered by snow!!!! we don't have a trashy yard No its not perfectly maniqured but like i said i have 3 kids a dog and I full time job!!! Bu7t to anyone going through this I feel for you greatly. Call the cops everytime they harass you and remember one important thing Karma Sucks and what goes around comes around!!!!

sell them for little money (APEX)

Actually, a 60 day notice and three-day notice are two different types of notices. The three day notice is served upon tenants who do not pay their rent, and is done as part of an eviction process.

Your landlord never touches your Section 8 (now known as Housing Choice Voucher), only the Housing Authority does. They adjust your rent according to your income or the difference between your subsidized amount and any amount exceeding the payment standards. A landlord can raise the rent to as high as he wants it, but if your rent exceeds the maximum payment standards set by your Housing Authority you can look for another place.

A landlord cannot raise your rent after you get married unless your lease is up for renewal or must be restructured to add a mate to the lease. If this happens outside of these parameters, it is considered discrimination.

If the space is being leased and the tenant is current they really have no business doing so. They have the right to, but as long as they give the tenant a copy of the key they can do what they want. It is their property.

in a divorce agreement court order to pay off spouse share of house how long is that order good for