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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

Do you have to pay rent after being evicted or during the process of disputing the eviction?

As long as you'er living in the premises, you are responsible for rent, whether or not you're going through an eviction process. After being evicted, you are responsible for any unpaid rent or damages to the residence. The landlord can choose to keep your security deposit or charge you for the debt. You are liable for the balance of rent owed based upon the agreement you signed. An eviction is enforcement of the lease agreement terms and may not be viewed in a court of law as a release of all of your obligations.

How do you collect owed rent?

The landlord's tacit hypothec -- It is an action that gives the landlord security for rent money that has not been paid. If the tenant has not paid the rent ,his goods are sold to cover the unpaid rent. When the goods are attached, it means an officer of the court will come and take the goods away as a form of security for outstanding rent and while the goods are on the leased property the landlord may interdict the tenant from removing them.

How to ask a tenant to pay the rent on time?

Explain it on the lease. If the tenant doesn't pay on time he can be charged a late fee (it must be reasonable) if you so state this on the lease. If the rent is really late, like let's say, 10 days, you can follow eviction procedures.

Can a landlord legally lease a home in Oklahoma without a septic tank can you sue her for health problems?

I'm starting things, as while I've lived in many States, I have limited specific OK info: Generally any area will have rules requiring any residence within a regulating jurisdcition, to have a certificate of Occupany (a CO), to be considered habitable - hence, rentable for habitation. Again generally, to get a CO means it must have some type of approved waste system. It may not be a septic tank, and in fact in many areas a septic tank is not allowed and considered a health hazard. It can be a hook up to city systems or other methods as well. Much of OK is somewhat rural and, if there aren't any regulations in your area for housing, one should be able to rent whatever someone would like to rent, regardless of systems. Although I wonder what happens to the waste if there is absolutely no system to get rif of it? If a system is required and doesn't exist, so you shouldn't be occupying the property, you may have an action against the landlord. But for your losses in having to move to another property. You can always sue, but to have a supportable action against them for health problems caused by not having a system, you would have to show 1)You had health problems and a loss. 2) They were absolutely caused (positively, not by saying it couldn't be anything else) by the lack of a system. 3) You did what you could to limit the loss, which would mean you probably better have left the place as soon as you discovered the hazard. It would obviously help your case if you could also show you had no reason to believe the system wasn't there when you moved in.

Can you evict a renter after November?

It's a common myth that a tenant cannot be evicted in winter. I work in Massachusetts, where there is no such law. I know of no state where this is the law.

Can you be evicted without a contract?

If there is a tenancy agreement the details will be included. Normally a tenant must be informed of the intent to evict before any eviction notice is served. If there is no signed agreement there is little that can be done to stop eviction - pay rent and there wont be an eviction

Who should pay deductible from my renters insurance on APT rental due to water pipe burst Landlord or Tenant?

Regardless of the situation: renter, landlord, apartment building or condominium situation, the first priority is to address the clean-up.

Then, phone your broker and turn the issue over to your broker, who will collect all the insurance participants to decide who pays for the clean-up. (Clean-up and paying for clean-up may be separate issues.)

The insurance stakeholders will determine whose deductible is due.

How does one sell half of their property?

By describing the half they want to sell in a deed to the buyer. Seek legal advice.

Can someone kick you out without written warning in Ohio?

If you are a non-paying guest or have no proof of payment, probably. Call the police non-emergency number and ask them what the local law is or go to Legal Aid.

Can a landlord rent a place with lead paint?

They have to give you a disclaimer to inform you that the structure may contain lead based paint and there must not be a lead hazard. Like the paint is in poor condition.

What if my room mate decides to break his half of a year lease responsibility. Can the landlord make me pay the full amount?

Read your lease.

It should say explicitly what happens in this case.

All the leases I write for tenants explain that they are each individually responsible for the whole amount.

I explain verbally at signing time that this means if one tenant can't or won't pay, I can and will go after the other(s) to pay the whole thing.

If, by some miracle, the lease says each tenant is responsible for half the rent, then you may be off the hook but the landlord may evict anyone but not go after you for the money.

Talk to your landlord.

Explain what is happening.

Ask if you can get a new roommate.

The landlord just wants everything to go smoothly so he can pay his mortgage.

He will be motivated to see you solve this problem.

If you're stuck, you may be able to negotiate an exit where you don't have to pay it all, who knows.

Is a lease valid if the address is wrong?

The lease is still valid if you move into the property and pay rent, showing an intent to live there. Always check the local state laws, as there may be exclusions to this rule, but in general, this is true.

What happens if I have rental housing and the landlord is foreclosed on for not paying the mortgage Will they kick me out on short notice?

In general your lease is still binding so long as you uphold your end. They could try to convince you to move and make threats, but the lease would be binding upon the new owner just like the old one.

What happens if your renters do not move out after you filed an eviction?

They will have their day in court and then will be ordered by the court to leave. You can then enforce this using the local police/sheriff, after the appointed date for them to be out.

Is termite inspection and repair sellers responsibility?

It depends on the state law and what the closing documents state. You will need to consult with a real estate attorney in your state.

Is you or your landlord responsibility when someone vandalized the building?

In most states, the responsibility for vandalism falls on the tenant of a building if the persons who did the vandalism were guests of the tenant. If it can be proven in court that the tenant had no knowledge of the vandalism and does not know who the criminals are, the landlord's insurance should pay for the damage.

what is the law in putnam county ny regarding back rent on illegal apt.?

As in all of NewYork rent/back or not is owed and determined by the lease- if there is no proof that the rent was paid and there is a lease- then the back rent is owed. However the tennet is entitled to rights as well and if taken to small claims court can counter claim with reasons for not paying back rent becaues of living conditons, lease violations etc.

What do you do if the landlord changed the locks on a business premises and the rent is up to date?

Try talking to the landlord to see if you can give him the rent and see if you can have the lock key?? :) It's worth trying.

Can a landlord charge back fees like HOA or pest remediation for the prior 14 months once a lease is terminated?

It may depend on how the lease was terminated but unless the charges are based on a previous agreement, the landlord cannot spring this on you.

What do I do with postal mail for people that moved from the apartment complex I manage and did not leave forwarding addresses?

Give it back to the mailman. It is illegal for you to open it or to throw it away. It is a federal crime. Just endorse the mail with the word moved on the front and return to mailman. Or just return to mailman and let him know that the person moved and to please make sure that there mail is not delivered to your address anymore.

How do you startup and operate transitional housing?

You should contact your local housing authority. There are certainly licensing and business concerns that you would have to manage.

What does prorated mean?

For the sake of argument, let us say you are talking paying rent.

If rent is $100 a month, and you move in half way into the month, the prorated payment would be half the rent - or $50.

Does that answer your question ?

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