Landlord-Tenant Issues

When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off your lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor

It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car

In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car

Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency

A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment. Remember this repossession will stay on your credit for 7 years.

Generally there is no point in suing a property manager for not collecting rent. It should be noted that the tenant is responsible for paying his rent on time. It is not the responsibility for the landlord to collect the rent. If the landlord does not collect rent and the tenant should send it to the landlord by mail or in person.

To simply remove someone from their home by petitioning the courts is unconscionable, especially a homeowner. If the undesirable is a renter, you may want to address your concerns with the landlord, who will take his own steps to correct the problem or remove the tenant. If the undesired person is suffering from some mental health condition for which they cannot take care of themselves, are a threat to themselves or another person, or are a threat to the community, you can either petition to the mental health court to have the person involuntarily examined at a mental hospital, or simply call the police to report the problem.

If the undesirable is a person who lives with you then you can have them removed from the house by initiating the proper eviction proceedings against that person. This is also true if you are that person's landlord.

Generally, when given such a notice, you either pay your rent or you leave the property. At this point no eviction proceedings have yet been filed. If you disregard the notice - that is, failed to pay the rent or to leave the property, then the landlord goes to the next step: filing eviction proceedings.

You need to comply with the tenancy agreement. Local legislation will apply

A landlord should pay for the common hallway lighting since it is used by all tenants. The landlord can be asked to pay by sending a certified letter from an attorney.

You can also post comments, images and search this website's database for FREE, to see if your tenant (or landlord) has been posted for issues in the past -- http://www.tenantdispute.com.

There are other websites but they usually charge a fee also.

Baltimore,Maryland

St. Louis, Missouri

Yes, under certain circumstances.

It depends.

If you have a fixed-term lease, then you have the right to live there for the entire term of the lease and they can't just boot you.

If you are on a month-to-month lease, then they can boot you any time, as long as they give the required notice.

The amount of notice depends and it is typically 60 or 90 days.

Putting aside minimal legal obligations, you should ask yourself if you really are complaining too much. If the landlord is unreasonable, why stay? Try to work it out before resorting to the law to solve your problems.

too vague; normally, the lease is void and the tenant may leave.

if the LL's behavior is egregious, the tenant can win a damages award

in court.

Forever.

A landlord has no obligation to rent to a particular individual.

There are a limited number of reasons that cannot be used for refusing to rent (or hire, etc.).

They include race, national origin, color, sexual orientation (in many places), gender, and some more (check your local laws).

Criminal record is definitely not a protected status.

I suggest you move on and keep trying until you find one.

You can find one. It may feel like a lot of work but life is full of hard work for everybody, not just felons.

The more years go by, the more you have a chance to have landlords happy with you and then they will write a letter of recommendation, making the record look in the distant past.

Yes, a landlord can change the rent due date, but they typically must provide proper notice to the tenant as outlined in the lease agreement or local laws. It's important for the landlord to communicate any changes clearly and in advance, allowing tenants to adjust their payment schedules accordingly. Tenants should review their lease for any specific provisions regarding changes to rent terms.

Fixed term tenancy is similar to a lease. The term of the rental is Agreed prior to tenancy commencing.

You could call the electric company and ask them what the average is for the property you are looking at. Some electric companies will not give out this information because they do not want to get in trouble with the landlord, but it can't hurt to ask.

If you are referring to a subsidised tenancy, the tenant must re-certify every year, before their anniversary, to make the administrator aware of any changes in their income or household. If there are no changes, the tenant still needs to make them aware of that.

The same way you evict someone who rents an entire house. You go to court, get an order of some sort, give them 30 days, and done. Hopefully, you have a lease, so the process will go a lot smoother.

It will depend on your state law, but generally 30 days.

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Typically, checks are good for 60 days. However, call on him to be sure that it has been received and has not been lost. It is always good to keep communication open rather than assuming he is "sitting on it."

As I understand it, the landlord is required to maintain it essentially in the condition it was in when you moved in.

So if there were working appliances when you rented it, they are responsible for the maintenance.

If you are asking is the landlord required to provide new stuff when you move in, no.

You do not have to pay any "out of pocket" expenses on your property. For Example the rent that you decide upon say $10/SF would be the Net rent to you, and the tenant would pay for all the other expenses. So if the tenant wants roses in front of his space, he pays for it, snowplowing, he pays, every expense including insurance, taxes, and any sort of maintenance... he pays

You are. YOu are responsible for a unit until you have completely moved out and turned in the keys. At that point, you are no longer responsible for any damages as you are officially not living there and therefore, no longer responsible. But up until that point, you are responsible as you are still officially a tenant, which would include the eviction process.

I do everything I promised to do in my rental agreement; generally return the place in the same ( or better) condition as it was when I moved in, except for normal wear and tear.

I check the meters, arrange for the utilities company to have my forwarding address or pay the bills up to date, arrange have my mail forwarded .

I also take pictures to protect myself in case the landlord were to produce pictures that make the place look worse than it really is. And I make sure I get my deposit back on time, or specific reasons why part or all of it was not refunded. An itemized list of charges would be satisfactory to me. If all doesn't go as I think it should, then I ask my attorney for help or file a claim in small claims court.

No, you cannot be sent to collections without a lease. You can be sued in civil court. * Yes. The landlord must only provide proof that the debt is owed. Verbal contracts are binding in most US states and it would be a simple matter for the landlord to show that the tenant occupied the residence. Any debt large or small, private, personal or corporate can be referred to collection agents if that agency is willing to accept such. there is not law which disallows the action.