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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
Can a landlord change your locks without serving you an eviction notice first?
In most, if not all, jurisdictions in the United States, the answer is, NO. But, there are many conditions that will vary from State-to-State, county-to-county.
For example, in New York City's five counties (or boroughs) if a person has established his/her tenancy by, among other things, duly executing a lease or rental agreement, or by residing in the subject premises for thirty days, or having been given keys to the premises by the landlord or landlord's agent, then they have presumptive rights-of-tenancy and cannot be evicted without an Order of the Court and, then, ONLY by a duly appointed City Marshall.
So, if, in New York City, a landlord were to change your locks (or do anything else to reduce your 'peaceful enjoyment' of your residence) the landlord would be guilty of an "illegal eviction" and could be subject to immediate arrest by the local police.
THIS IS TRUE FOR NEW YORK CITY. OTHER CITIES/TOWNS MAY BE DIFFERENET.
What is the purpose of a letting agency?
A letting agent is a facilitator for a renter and landlord. The letting agent is not only available as a convenience to both parties, as they are often more readily available than landlords, but can act as a negotiator or escrow agent during the leasing process.
Do you get deposit back if you cancel?
Depends ... please read the "fine print" and everything in the written contract. It could be that you might get a percentage of your deposit returned or it may mean that you get nothing back ... you signed the contract, which means you agreed to ALL the terms stated in writing ... this is why it is SO important to read everything in a contract, even if it takes 2 hours - just read it.
Landlord harassment, also known as tenant abuse, is the practice of a landlord abusing or exceeding his authority to intimidate his tenant, often to get his rent on time, increase the rent without notice, neglecting repairs, or otherwise infringing on tenant's rights. Many landlords get greedy or controlling over their tenants and use the threat of eviction or suddent rent increase to manipulate their tenants. Be especially wary of landlords who own fewer than four rental properties.
How can you check the landlord deed?
You can go to your local land records office and look up his name in the grantee index to find his deed.
How can I make my domestic partner move out if he's not on my lease?
To legally force anyone who lives with you to move out, you must follow the local statutory procedure for eviction. This usually begins with written notice that they must leave within thirty days. If they do not voluntarily leave, then you must proceed in court. As far as the police are concerned, anyone whose ID or mail shows that they live with you has the right to enter the home unless there is an accusation of domestic abuse. In cases of domestic abuse, technically an order of protection is needed to force someone to stay away, but the police sometimes overlook that requirement. If you are in a registered domestic partnership and unwilling to live with your domestic partner, you should consider legally terminating your partnership.
Not all domestic partners are formal domestic partnerships. For example, in many states two adults of the same sex or opposite sex may live together for years without formalizing their relationship.
If your lease expires and you are now month to month is that considered an oral or written contract?
It depends on whether there is a clause on the lease which states it automatically is renewed unless notice is given by either party to its termination.
Besides a security deposit how much can a landlord charge for a pet deposit on 2 cats?
That depends on the laws of the state. In Massachusetts, a pet deposit is a security deposit, and the total security deposit cannot be more than one month's rent.
Cosigner agreement says 18 months until Im no longer Liable on a month to month agreement?
You might want to rephrase this question. In general, I will try to answer it as best as I can understanding that this question is regarding liability on a month-to-month tenant basis.
On a month-to-month tenancy you are agreeing that there is no lease. Therefore you are free to move out of your apartment at any time without suffering any penalties such as forfeiture of your security deposit. If the last month's rent was collected in advance then you cannot move out of the apartment without a 30 day advanced notice or the landlord will keep that rent. I cannot see how you can have any type of 18 month agreement for a month-to-month tenancy. As I stated, with the 30 day notice you can terminate your residency at any time. Any changes to your month-to-month tenancy by the landlord, such as an increase in rent, requires that the landlord give you a 30 day notice before the next rent is due.
Your landlord's issues with his lender has nothing to do with your obligation to pay him rent, as long as he has legal control of the property. And he can evct you for non-payment of rent, regardless of his position.
He has the right to the use and possession of the property if he inherited it. Keep track of the expenses such as taxes, insurance, utilities, municipal services and maintenance. You will need to sue him for his half of those expenses if he won't pay his share.
Answer
Life is too short to share with someone you are unhappy living with, and you do not deserve the trouble he is bringing to you. Insist on a resolution and do not walk away from your share, which is what he may be trying to make you do. He could refinance and pay you your share, or vice versa. You definitely need an agreement ASAP as to how the repairs, utilities and household will be managed if you continue to live together. It is a shame that the deceased was not specific as to how to handle this.
see the link
Added: Unfortunately for the tenant. VERY few. Under normal circumstances, when a rental residence is sold to a new owner, the home is sold "subject to" the existing lease. However, when the home is foreclosed on by the lender, they have no legal requirement to continue to honor the lease.
If you are using a legal lease in your state (they vary state to state) you should have no legal issues arising from repeated lease renewals. Are you afraid of some sort of claim against the property if they live there too long? If you have a clear lease, you should have no legal issues whatsoever.
You should check your lease aggreement to see if this is stated in the contract about sub-leasing, or if your lease aggreement is fixed, if not you can . o contract for the sub-lease needs to be written up and signed by the new addition, And to make sure you are comfortable with a deposit from them, because you will be responsible for all damages that occur, or if the new leasee moves and leaves you rresponsible for every content of the oringinal lease contract
Can i have visitors and overnight guests at my rental unit for more than 7 days?
I don't know of a state that has a statute defining how long a guest can stay. Some leases will be detailed enough to state something. Often, we use the federal regulation written for housing authorities, which states that the tenant cannot have a guest for more than 14 days.
Can your land lord spend your security deposit?
He's not supposed to. He's supposed to put it in a bank account which may or may not bear interest, depending on the rental laws in your state. Whatever he does with it, he needs to give it back to you within 30 days of your vacating the premises, absent any damages you incur beyond normal wear and tear.
Is it required to fill out a rental agreement form to rent a house?
Yes it is required to fill out a rental agreement form to rent a house. Without this agreement the landlord of the house will not let you rent the house unless you fill out the agreement.
READ YOUR LEASE. Line by line to see if it allows an increase during the TERM of the lease.
You should also look in the local telephone directory for a free LEGAL AID clinic, where you can consult with a lawyer for free , about your rights in the matter. There may be laws in your state that require advance notice of a rent increase, or other legal remedies that you can use. Get educated about your rights, quickly.
AnswerReading ANY agreement throughly is excellent advice, although it would be better for most consumer's if they took such action before making a commitment. It is somewhat ridiculous to expect the average consumer to read the entire contractual agreement and understand all the legal "mumbo-jumbo", however one should make their best effort to do so. Lenders/landlords know that only about one in fifty people actually read what they are signing, and often put in provisions that have never been fully explained. There are "Uncertainty Principle" laws that one can use as a valid defensive tactic in many such situations. Consulting the state statutes or contacting the state Housing Authority might provide more specific information. AnswerI was thinking in terms of the jurisdiction in which I live.Here in Ontario, Canada, we have the "plain language law " that has completely changed the way in which contracts and leases are worded. They have to be understandable by the "average person" not a Philadelphia lawyer.
We also have a Provincial tenants and Landlords Act that sets out exactly what each side can and cannot do in a rental situation, and that office is available 24/7 by a 1 800 toll free line.
It is so much easier to do rental business in this country, where we have only 10 Provinces, instead of 50 states, each with it's own separate set of laws to contend with.
Is the landlord responsible if he damages a tenant's computer?
Yes, the landlord is responsible. But keep in mind that this is not a landlord/tenant issue: it's a small claims issue. So this is heard in a small claims court inquired, not a landlord/tenant court.
