Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: The lease signed by our tenants has an addendum that the lease may be terminated with a 30 day notice by either lessor

1 Answer | Asked in Landlord - Tenant for Florida on Dec 18, 2014

Answered on Dec 22, 2014

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Robert Jason De Groot's answer
There does not appear, from what you have written, to be any reason why the option is not enforceable.

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Q: How do I evict tenants from my property they have a trailer on?

2 Answers | Asked in Landlord - Tenant for Florida on Dec 19, 2014

Answered on Dec 21, 2014

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Robert Jason De Groot's answer
You need to go through the eviction process. Give them an appropriate 3 day notice first. Then if they do not pay you have to file suit. It is always best to use an attorney.

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Q: If I lost my job. How can I avoid an eviction that is in process

1 Answer | Asked in Landlord - Tenant for Georgia on Dec 17, 2014

Answered on Dec 19, 2014

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Paula J. Mcgill's answer
You didn't state if you wanted to move or stay on the property.

If you want to move, you may be able to negotiate a settlement agreement that sets forth the date of the move-out and a payment plan for back rent in return for a dismissal.

If you want to stay, it may be tougher to negotiate a settlement agreement. However, if you pay all that is alleged to be due in the dispossessory notice (including costs) within 7 days of the notice, place the amount paid in the answer,...

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Q: Partial move of tenant

1 Answer | Asked in Landlord - Tenant for California on Dec 17, 2014

Answered on Dec 19, 2014

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Andy Chen's answer
If a tenant moves and leaves stuff behind, you can interpret that in two ways. First, what he's left behind is garbage and he's deemed to have abandoned the property. You have to post a notice of belief of abandonment for three days (or something like this -- I've done it once before). After the time period, you can go in and reclaim the property and change the locks. I'd take pictures of what he's left behind because the determination of whether it's garbage or not is sometimes subjective....

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Q: If I never had a lease signed by me or a landlord after 2 years, when I move out can they sue for damages?

1 Answer | Asked in Landlord - Tenant for Virginia on Dec 8, 2014

Answered on Dec 10, 2014

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Thomas H. Roberts Esq's answer
Yes. The landlord is entitled to the agreed rent amount and if none then to the reasonable value of the rent to prevent an unjust enrichment to you, together with the amount of any damages caused by you. However, you may be able to offset that by the claims you may have against the landlord.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You...

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Q: if we were never served eviction papers can we dispute an eviction?

1 Answer | Asked in Landlord - Tenant for Georgia on Nov 12, 2014

Answered on Dec 4, 2014

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Paula J. Mcgill's answer
Go the magistrate court in your county and see if the landlord actually filed the dispossessory against you. If he has filed, but has not served you personally or through tack and mail, challenge the matter. It may serve you well to consult with an attorney about the matter.

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Q: I allowed a co-worker to move in and pay me 100/ week. It was to be temporary. How do I get him to move out?

1 Answer | Asked in Landlord - Tenant for Georgia on Dec 1, 2014

Answered on Dec 4, 2014

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Julie A. Rice's answer
You have to take him to magistrate court and file for an eviction. Don't let anyone stay at your house unless you want them to be a tenant which is what this person has done and now they have all the legal rights as any other tenant so you have to file for an eviction.

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Q: Lease states tenants will have the option to rent a second year at same rate and terms.Do I have to renew their lease?

1 Answer | Asked in Landlord - Tenant for Florida on Nov 23, 2014

Answered on Dec 1, 2014

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Keith Petrochko's answer
Looks like you're on the line if they want to stay. That is, unless they violate some other term of their lease agreement.

...why would you use such a horrible contract? Please have an attorney draft you a new lease agreement so you don't run into this situation again.

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Q: Can a property management company file unlawful detainers for the owners?

1 Answer | Asked in Landlord - Tenant for California on Nov 4, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
Yes, this is quite common. Landlords -- particularly larger landlords who might own several units -- often have a property management company act on their behalf.

Andy

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Q: How to proceed to request the tenant to move out?

1 Answer | Asked in Landlord - Tenant for California on Nov 14, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
You have to give your friend the required notice (30 or 60 days) and serve that properly. If your friend doesn't move after the end of the notice, you have to go to court to evict him. There is no way around having to go to court.

Andy

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Q: Can you break a residen tial lease if your buying a home

1 Answer | Asked in Landlord - Tenant for Georgia on Nov 26, 2014

Answered on Nov 27, 2014

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Julie A. Rice's answer
It depends upon what your lease says. Unless your lease provides for your to specifically be able to break the lease if you purchase a home, then yes. If it does not, then no. There is nothing in the law that magically says that it is ok for you to bow out of your lease obligations b/c you bought a home. I am assuming that you not buying the home that you are leasing as if that is the case, then, yes, you would not have to pay a lease and a mortgage on the same piece of property (again,...

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Q: I am 1 of 3 guarantors on a commercial lease that still has a 30 month term. How can I safely leave without liability?

1 Answer | Asked in Landlord - Tenant for Virginia on Nov 19, 2014

Answered on Nov 25, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
If you are a guarantor under a valid lease, the only way out is satisfaction of the obligations under the lease or renegotiation of the lease.

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Q: landlord withheld security deposit on the grounds that i did not leave a receipt showing i had carpets professionally

1 Answer | Asked in Landlord - Tenant for Georgia on Nov 20, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
It will depend upon the exact language of the lease. If you did not abide by the terms and she can show this, then you might lose your deposit. If she won't accept the receipt simply b/c she doesn't want to pay your deposit back, then she is in the wrong and you will most likely recover.

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Q: Can my landlord force me to put my electricity in their name when it's not on my lease?

1 Answer | Asked in Landlord - Tenant for Georgia on Nov 21, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
If they won't renew your lease, then you have a situation since the old lease is not going to govern the terms of a new lease. If the terms of new lease are that you have to have utilities set forth in a certain way and that is what you need to sign in order to renew, then most likely you are not going to have a renewal unless you can negotiate different terms.

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Q: hello i own a shop and it was given to sublet by the tenant with out my permission

1 Answer | Asked in Landlord - Tenant on Nov 23, 2014

Answered on Nov 24, 2014

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Julie A. Rice's answer
If the original agreement with you and the tenant clearly states that the tenant can not sublet without your permission, then you can take the tenant to court for breaching the original contract. In Georgia, this can be done in magistrate court in the jurisdiction that is stated in the original agreement (State of Georgia). This is more complicated than explaining to you how to do it as there are many innuendos to this type of procedure, plus, in GA, if you are an incorporation then you can't...

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Q: I rent a room and the lady I rent from said I have to leave by Saturday. I get mail here. Is this legal??

1 Answer | Asked in Landlord - Tenant for Florida on Nov 19, 2014

Answered on Nov 21, 2014

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Robert Jason De Groot's answer
Do you have a contract with her? If so, read the contract. I need to know more about the facts in order to answer this question.

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Q: My son in law rented a room from a 21 one year old young man and he went to jail for petty theft and the aunt is giving

1 Answer | Asked in Landlord - Tenant for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Which "he" went to jail? More facts are needed, but the best thing to do is probably see an attorney immediately.

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