What can you do if your landlord has no heat in your apartment and it is winter time?
A landlord has a legal obligation to maintain a habitable property. If you do not have heat (unless you are in Arizona in the middle of the summer), the landlord will have constructively evicted you by breaching the implied warranty of habitability. However, the law says that you must give your landlord written notice of the problem, and the landlord must have a reasonable amount of time to correct it. Since the form and duration of this notice varies from state to state, you should see a tenant's rights group or an attorney for guidance.
If the landlord constructively evicts you, you may sue him/her for damages including moving expenses. If you're at that point, small claims court is your best option. Be sure to talk with an attorney or tenant's rights group before filing a small claim.
The Related Questions and Related Links below have more information about constructive eviction and your options.
Can a landlord refuse to rent to a couple with children?
No they can not. That would be discrimination.
What do you do if your landlord is refusing to pay you your deposit back?
Make sure you give the landlord adequate notice of lease termination as stated in the lease agreement. Also make sure you have met the conditions of lease termination as per stipulates in the lease agreement (this could be; re-painting of the property leased).
Can you stop an eviction notice from being served?
That really depends upon the reason for the eviction. If you are being evicted for failure to pay your rent, then the obvious strategy to avoid eviction would be to pay your rent, and apologize for being late. There are other reasons for eviction which are not so easily solved.
Normally speaking, you have to pay for every month you are in control of the unit. So if you give a month's notice you still have to pay a month's rent. If your landlord is holding a security deposit he cannot use that as the last month's rent unless you agree to it. If your landlord gave you a thirty-day notice to move it he must give it to you at least 30 days before the next rent is due, as must you give him such notice.
Can a landlord enter the property without giving notice to the tenant?
Depending on your state laws, there are specific rules as to notification of entry. Sometimes it just will be a note on your door that they will be entering a few days in the future to replace a filter or for pest control.
How much notice does a landlord have to give a tenant to vacate premises in ny state?
In NYS, your LL can not enter your apt without your permission unless there is an emergency. There is no clear definition for the term 'emergency' as it concerns this topic.
You must grant your LL access to your apartment if he wishes to do an inspection. You must do so within a reasonable amount of time. However once again, there is no clear definition for the term 'reasonable' as it concerns this topic.
Can the landlord of a mobile home park control how many and who your visitors are?
If it is part of your lease, and most leases limit the number of overnight guests to five for five consecutive days, then the landlord can limit the number of visitors. A londlord may also limit the number of vehicles that are parked around the mobile home or on the property as well.
What are your legal rights regarding storage as a tenant?
Storage of what? And where? The renter must comply with all Federal, State and local ordinances regarding use and materials. That includes any health code restrictions, hazardous material requirements and fire restrictions. If there are ordinances regarding lawn and yard maintenance, they cannot violate those. They must also comply with the terms of the lease. Usually that means no business can be run out of the home.
Is a verbal agreement legal in state of nc home rent?
in the state of California a verbal agreement IS legally binding
MoreBut proving one is often challenging. Take notes with dates & times and document everything. MoreFor the most part, as long as all the requirements for a valid contract are present (capacity, mutual assent, consideration) are present, it doesn't matter one bit whether it's verbal or in writing.However, certain types of contracts do have to be in writing to be valid, under laws known collectively as the "Statute of Frauds." These types of contracts include sales of land and other interests in real property, agreements which, by their own terms, cannot be performed within a year, and contracts for sales of goods priced over $500.
For almost all other agreements, writing is not necessary for them to be legally binding. However, as mentioned above, proving the existence, and exact terms, of a verbal agreement is often very difficult (it boils down to a "he said, she said" matter), so putting any important agreement in writing, even if it isn't technically covered by the Statute of Frauds, is always a good idea.
Your first act should be to contact the local police and ask what documentation is required in order to file a police report. You may also indicate that the verbal abuse concerns you and your physical safety (if it does).
Once you've filed a police report, you can turn a copy over to the board, together with a request that the board alert the owner to the tenant's violation of the condominium's basic rules.
The owner in violation then has the responsibility to handle the tenant, so that verbal abuse and drug dealing no longer occur from that unit.
Include a time limit in your request, so as to create a sense of urgency. If multiple owners participate in the request, the board may be additionally motivated to act quickly.
Can you give notice on terminating your lease?
You probably can't terminate an office lease unless there is language in the contract that provides for it. Unless the owner has gone back on his duties in the lease, you will have to discuss with them and see if they will let you out. Sometimes you can rent it to someone else or pay the rest of the lease and leave.
If you sue, you will not win. The tenant must show that the landlord knew of a dangerous or unsafe condition and failed to fix it in a reasonable amount of time. Since the landlord was not at fault or negligent, then there is no case.
If the landlord wants to sell the rental property, the tenant has different rights depending on what state the property is in. Usually, a landlord has to give 60 days notice for an intent to sell. Then, it is up to the landlord whether or not the property can be occupied by the tenant until the sale date. If there is a lease, the landlord usually cannot sell the property until the lease is up, but all states have different rules regarding occupancy.
How long can a landlord leave you with out heating and hotwater?
This varies by state. In northern U.S. states, in the cooler months, you have to always have heat. In Massachusetts, September 15 to June 15. It doesn't matter whether you have children or not.
What can you do about your landlord evicting you without him going through the proper procedures?
Firstly, decide if he is right to evict you.
If so, just get out and don't blame him for doing the right thing.
If you only want to rise to your legal obligations, read on.
The landlord must follow the law and (normally) only the sheriff can physically evict you.
The landlord can't change the locks and put you on the street without a court decision in his favor.
Don't let it come to that.
Do the right thing.
Can landlord sell house that is being rented?
No. A lease is a legally binding contract that runs with a property, regardless of who owns the property. Unless there was a provision in the lease that specifically gave the landlord the right to break the lease upon sale of the property, you can compel the landlord and the new owner of the property to honor your lease.
If you find that either the previous or new owner of the property is refusing to honor your lease, contact a landlord-tenant law attorney. A listing is available in your local phone book.
Can you decide not to renew your lease after your time to give a 30-day notice is up?
Different States and Counties have different laws on this. In California, you must give 30 day written notice. If you already agreed to renew your lease, you are more than likely stuck with it (unless it's month to month). That is a contract, and your landlord legally has the right to uphold it. Bring it up to your landlord, and see what they can do. Never hurts to ask.
Can you be evicted in the winter?
Not sure if it varies from state to state or not, but in California, the month or time of the year has no bearing on evictions.
How long before you get your security deposit?
The security deposit is returned: after the lease ends; the tenant moves out; and the landlord inspects the apartment. The landlord has the right to deduct any necessary cleaning and/or repairs to the apartment in order to ready it for a new tenant, but nothing to improve the apartment (for example, adding an air conditioner or dishwasher where none existed; replacing carpeting with hardwood flooring) beyond the condition in which it was leased. Depending on the condition of he apartment, the landlord may not refund any of the security deposit. Your best bet is to thoroughly clean the apartment and patch any holes/damage created during the lease. Optimally, you would have taken photos the day you moved in to prove the condition of the apartment as received.
What were the roles of tenants in chief?
A tenant - in - chief was a role in the Feudal System. It was usually Norman barons or bishops. They would provide knights for the king in return for land.
Can I lock a tenant out that has not paid rent?
no to my knowledge you must take them to court and the judge will decide how much time they have to get out and consult with you and the renters i would suggest you call your county attorney for landlord rights dont do nothing till you do trust me
Laws regarding breaking a lease due to bedbugs vary depending on where you live. In some cases, bedbugs may be considered a landlord's responsibility to address and remedy, while in other cases, the burden may fall on the tenant. Therefore, it is important to review your lease agreement and local laws to determine your options.
In general, if you can prove that your apartment has a bedbug infestation despite the landlord's extermination efforts, you may have grounds to terminate your lease early without penalty under certain conditions. You may need to provide evidence of the infestation, such as pictures, receipts, or any communication with the landlord or exterminator.
However, it is recommended that you speak with an attorney or a legal aid organization to determine the best course of action and to ensure you fully understand your legal rights and responsibilities.
Generally once a lease is signed the terms cannot be amended unless all parties agree. The determination of what can and cannot be done is decided by the wording of the original agreement. However, a supposedly "oral/verbal" contract is difficult for a landlord to prove if it becomes an issue for the court. If the tenant did not agree to any amendment action being acceptable when the original contract was entered into, the landlord cannot arbitrarily make changes to the agreement.
Can you get evicted from your own house?
Generally, no. You can evict someone from a property you do not own if you are an "agent" of the owner by virtue of a legal document such as a power of attorney or a management agreement recorded in the land records. You should consult with an attorney who can review the details and explain your options.