Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: Do I have to pay my full rent if my yard is unusable? The yard was why I chose this park.

1 Answer | Asked in Landlord - Tenant for Rhode Island on Jul 17, 2014

Answered on Jul 31, 2014

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Neville Bedford's answer
Review your lease agreement with a practicing attorney. Hopefully, you incorporated the park/yard maintenance as a term of the lease and you will have contractual rights that may be enforced. If not, you may have just learned an important lesson in contracting for important things... get it in writing.

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Q: Is the eviction process and notices different between residential and commercial properties in Rhode Island?

1 Answer | Asked in Landlord - Tenant for Rhode Island on Jul 28, 2014

Answered on Jul 31, 2014

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Neville Bedford's answer
Yes, the laws and procedures (and defenses) differ substantially. Retain a practicing attorney to ensure the matter is handled professionally and effectively.

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Q: leasing unowned property

1 Answer | Asked in Landlord - Tenant for Delaware on Jul 22, 2014

Answered on Jul 24, 2014

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Charles Snyderman's answer
If you're listed on the lease as the landlord, it's unlikely that the question of ownership will ever come up at trial.

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Q: I signed as guarantor on lease renewal. My daughter decided she wanted to move and didn't sign tenant am I liable

1 Answer | Asked in Landlord - Tenant for Texas on Jul 19, 2014

Answered on Jul 19, 2014

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Charles Snyderman's answer
A lawyer would have to read the document you signed. However, as a general rule, if you signed a document stating that you would pay the rent if your daughter failed to pay, then you would normally be liable.

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Q: Do I have the responsibility to pay two months' worth of rent after moving out if my landlord cannot find a new tenant?

1 Answer | Asked in Landlord - Tenant for Delaware on Jul 17, 2014

Answered on Jul 19, 2014

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Charles Snyderman's answer
Delaware law provides that when a lease is month to month, the landlord or the tenant can terminate the lease by giving the other a minimum of 60 days notice. The 60 days begins to run on the 1st day of the month following the date of the notice. You are responsible for the rent during this 60 day period.

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Q: Landlord has not paid the mortgage on the house I rent. What are my rights as a tenant?

1 Answer | Asked in Landlord - Tenant for Florida on Jul 14, 2014

Answered on Jul 15, 2014

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Sabina Tomshinsky's answer
You should continue to pay rent or risk being evicted for nonpayment of rent. You should also be aware of Protecting Tenants at Foreclosure Act of 2009. This Act extends additional protections for tenants in foreclosed properties.

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Q: What to do if my roommate refuses to pay rent?

1 Answer | Asked in Landlord - Tenant for New York on Jul 13, 2014

Answered on Jul 15, 2014

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Yasmin Gamboa's answer
Normally if a roommate is on the lease, you would need to inform your landlord. They can send a notice warning eviction.

However, since your roommate is not on the lease, your only option is to start the eviction process against him/her.

If you are in NYC you may get more information on the process here: http://www.nycourts.gov/courts/nyc/housing/holdover_roommate.shtml

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Q: Should I have an attorney if I am signing a rental lease for one year and paying the year lease in full?

1 Answer | Asked in Landlord - Tenant for New Jersey on Jul 14, 2014

Answered on Jul 15, 2014

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Yasmin Gamboa's answer
It is always a good idea to have an attorney review all contracts (includes leases). With that said, most people don't use an attorney to sign a lease. However because you are paying a large sum, it might be best to make sure that if the lease terminates early, for reasons stated in the lease, you have the ability to be refunded some of the money.

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Q: my landlord said he is selling the property but he gave me only 15 days to get out can he do this

1 Answer | Asked in Landlord - Tenant for North Carolina on Jul 11, 2014

Answered on Jul 12, 2014

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Rachel Lea Hunter's answer
What kind of a lease do you have? When is your lease to end? Is this a lease of a regular dwelling or a mobile home? The landlord cannot tell you to get out prior to the end of your lease but it depends on if your lease was year to year or month to month or less (week to week). Very little notice is needed for a month to month or lesser tenancy. If its a mobile home, you get 60 days. If year to year, its generally 30 days. Your lease is the main controlling document so see what it...

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Q: My tenants lied about moving out if state to break lease - am I stuck?

1 Answer | Asked in Landlord - Tenant for Indiana on Jun 30, 2014

Answered on Jul 8, 2014

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Michael Ray Smith's answer
Based only on the facts you've given, it appears that you likely have a claim against the former tenants for fraud. I recommend you see an attorney to discuss the facts in more detail and to discuss the remedies you might have available to you. Take a copy of the lease with you and copies of any written communciations -- including email -- that you have with the former tenants, particularly anything in which they told you about the out-of-state job.

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Q: If I plan to leave Delaware due to finding a job can I break my month to month lease?

1 Answer | Asked in Landlord - Tenant for Delaware on Jul 1, 2014

Answered on Jul 2, 2014

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Charles Snyderman's answer
If the job outside of Delaware is for your current employer, Delaware law allows you to terminate your lease early. If it's a new job for a different employer, you are required to give 60 days notice (the notice will start on the first of the month).

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Q: Can I break my lease without penalty if....?

1 Answer | Asked in Landlord - Tenant for Delaware on Jun 22, 2014

Answered on Jun 24, 2014

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Charles Snyderman's answer
The term "present employer" does not mean your employer at the time you signed the lease. It means your employer at the time you have to move. The idea is that you can't get out of a lease if you decide to take a job with a new employer.

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Q: I have been renting my house for 15 months. My landlord refuses to fix problem properly. What do I do

1 Answer | Asked in Landlord - Tenant for Delaware on Mar 22, 2011

Answered on Jun 21, 2014

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Charles Snyderman's answer
It depends on what the problem is. Can you provide more details?

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Q: My landlord won't tell me where my security deposit is being held. Is there anything I can do?

1 Answer | Asked in Landlord - Tenant for North Carolina on Jun 20, 2014

Answered on Jun 21, 2014

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Charles Snyderman's answer
Keeping the funds in Florida is not a violation of the law if the landlord gives you a bond from an insurance company in the amount of the deposit. I am not a NC attorney, but it's my understanding that if the landlord keeps the money in FL and fails to post a bond, when you leave, he must return the entire deposit. Hopefully a NC attorney will also respond to your question.

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Q: Landlord sold property and I have six months left on my lease what is the landlords responsibility to me as the tenant??

1 Answer | Asked in Landlord - Tenant for New Jersey on Jun 12, 2014

Answered on Jun 14, 2014

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Charles Snyderman's answer
In most cases, the new owner becomes your new landlord and has to honor the lease you had with your original landlord.

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Q: How much rent is due?

1 Answer | Asked in Landlord - Tenant for Rhode Island on May 29, 2014

Answered on Jun 11, 2014

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Neville Bedford's answer
If the month to month tenancy was running from the 15th to the 15th, then they gave proper notice. If the tenancy was from the 1st to the 1st then you may arguably have a case for the additional 2 weeks. Meet with an attorney to evaluate the particular facts of the case and the estimated costs versus the likelihood of success. .

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Q: On a commercial lease, How far can Landlord go back, for CPI Rent increases which were not billed annually?

1 Answer | Asked in Landlord - Tenant for Delaware on Mar 19, 2013

Answered on Jun 9, 2014

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Charles Snyderman's answer
It really depends on the specific language in the lease. I suggest that you consult with an attorney who has experience in this area of the law.

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