Landlord-Tenant Issues

There is more information that would not fit in the question box. I know that it can be taken to court to claim the fees, but in the lease is a part that I am unclear on.

Responsibility for rent after default. If you move out, remove property in preparing to move out or give oral or written notice of intent to move out before the lease term or renewal period ends, or you are judicially evicted or move out when we demand because you have defaulted, you are still obligated to pay rent through the remainder of the lease term or renewal period until we are able to find a replacement tent.

If the lease is broken would not this part of the lease be null and void?

No. Once the lease has been fufilled and you then go to a month by month tenancy, you are no longer bound by the old lease. BUT, your landlord may try to impose some of the standards that were included in the lease, like for example, no pets. Many people, after the lease has been completed and they go on to a month to month tenancy, try to get animals, as they are no longer under their lease. I have seen this stipulation carried over in some cases still from the lease as "general property" rules when challenged in a court. Landlord claimed his rental property was "pet free" no matter what type of tenancy you had. But basically, you are no longer bound by that lease and the stipulations in it.

As long as you give your tenants a reasonable amount of time for them to find a new place to live. I would say at least 30 days notice would suffice.

my bad i answered the wrong question before. but there a written law to answer this question, does anyone have the exact amount of a notice

jfc

Over time, the Bitzens will pay their rent. If you go to (Setting, Date&&Time, Set Date&&Time, and skip a year) you will have gained thousands of coins from your Bitzens rent.

no because the roommate is still living there

she would have to wait till her roommate leaves

A sub-lessee is called a sub-tenant.

When can i go into the house if someone is living there but not paying rent

The Snare Drum. (famous and well known as a military instrument, makes a echoing tang form of noise)

that anything you do with the landlord, even if he's a family member, should be done in writing. Verbal agreements are generally not binding in a court of law. If you are living under a verbal agreement with your landlord, then the fact that he is accepting your money for rent is legal binding for your right to stay there. As such, there are rules that he must follow if he wants to increase the rent or change any terms of the agreement between you and him. For example, for an increase of the rent to landlord must give you at least a 30 day notice, if the rent is month-to-month, before the next rent is due, that such rent will increase.

Now, to answer your question, a tenant does not have any rights over the landlord regarding work done on the property at his own expense. If you, the tenant, perform certain work on the property with verbal authorization from your landlord, then the best you can do is sue the landlord if he doesn't pay you back. Any home improvements done on rental property cannot be reversed if the tenant later decides to move out. For example, if you, the tenant, decide to install a ceiling fan into your bedroom where there was no ceiling fan in the first place, then the ceiling fan becomes part of the property and you cannot remove it before you move out.

If you ever have a gut feeling about your landlord, that it's up to you to protect yourself getting whatever you can in writing.

Yes, although the landlord is obligated to attempt to mitigate his loss, in this case by trying to re-rent the unit.

Typically sixty days after judgment is entered. The landlord usually does not have to do anything to make the eviction be reported, as credit reporting agencies scour new judgment filings as they become public, on a daily basis in major metropolitan areas and on a weekly basis in rural areas.

It behooves a tenant in an eviction proceeding to reach a deal with the landlord before judgment is entered in a court, so as to avoid having an eviction appear on their credit records. Typically, such an arrangement will require the parties to agree on a move-out date and a plan of payment for the tenant to repay the landlord for the back due rent over time.

Most states do not provide free legal assistance to tenants in an eviction process because the eviction is a civil and not a criminal matter. If you are being evicted, or need assistance evicting a tenant who has not paid rent, the best thing to do is consult a local attorney with experience in the area of real estate and landlord-tenant law. Generally such services are available at fees relatively lower than standard attorney services, although sometimes they are not free.

Evict them through the local court system, That is if they have a "Contractual interst in the property". Meaning; if they have resided for a certain amount of time, is the residence on the person's official documents (i.e. license, court paperwork, etc.), do they help pay for bills (water, sewage, phone, etc.), are any of the bills in that person's name? If it can be shown that they have "Contractual Interest", then your only option is to have them evicted.

The most common type of tenancy is the Assured Shorthold Tenancy, for a term of 6 months or a year.

Yes.

You can't apply a last month's rent deposit unless this is your last month (or, in your case, the last two months). I don't know what state you are in, but it is unusual to give a two month deposit. If you have a rental agreement that requires 60 days notice to terminate, I guess that would make sense. But, unless you've given notice, then, yes, a prudent landlord would give a late notice.

Different in every state.

No. Rent must still be paid. One violation of the landlord tenant agreement is not legitimate mitigation of another. What you can do, however, is set up a non-interest bearing escrow account and pay the rent to that. You must notify the landlord that this is being done.

This is to protect yourself from eviction proceedings.

I'm no lawyer but...

There is a general principle that all deposits demanded by a landlord must be 100% refundable.

The deposits may be used for legitimate expenses, such as damage done by the pet, but if it's not refundable, it's not a deposit, it's a fee.

Tenants have a right to know what repairs or cleaning are required to get their deposit back and they have a right to do that work.

If they fail to do it, then charges can be subtracted from the deposit.

Yes.

A tenant is "evicted" when the court issues a judgment for possession to the landlord. That judgment gives the tenant a date by which the move has to be made. If the tenant holds over in possession of the apartment despite the judgment of possession, the landlord gets a "warrant for removal", which is sent to a court constable. If the tenant has not vacated the premises, the warrant for removal permits the court officer to physically remove the tenant's belongings out of the apartment and leave them at the curb. It is extremely rare that such a thing ever happens though, because in virtually every eviction matter, the tenant moves out before the physical eviction has to take place.

In many states, yes; in many, no. But if a landlord doesn't give a tenant a copy of his lease then he cannot expect the tenant to follow all the terms of it. If the tenant does fail to follow the terms and the landlord takes him to court, the tenant can argue that he wasn't provided a copy of the lease.

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