Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: I have to break my lease, but my landlord is requiring me to pay rent until he finds a tenant. Is this legal?

1 Answer | Asked in Landlord - Tenant for Virginia on Aug 28, 2014

Answered on Aug 30, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
Your rights depend largely on the language of the lease. Consider getting a copy and consulting with an attorney.

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Q: Can a tenant sue his landlord for property damage due to neglect and untimely repairs?

2 Answers | Asked in Landlord - Tenant for Georgia on Aug 14, 2014

Answered on Aug 14, 2014

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Charles Snyderman's answer
Sure. But do not delay. There is a statute of limitations.

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Q: How do I notify my delaware tenants that I want them to leave if there is no lease?

1 Answer | Asked in Landlord - Tenant for Delaware on Aug 4, 2014

Answered on Aug 4, 2014

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Michael L. Sensor Esq.'s answer
If you have no written lease with your tenants, it's deemed to be a month-to-month lease. You must follow the requirements of the Delaware Landlord-Tenant Code to remove them. You can read the Code here:

http://legis.delaware.gov/Legislature.nsf/1688f230b96d580f85256ae20071717e/1f058f9cecf0e1bd85256f7000607756/$FILE/lanten.pdf

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Q: I rent month to month. However the landlord sold the house using a short sale. It has not closed yet. Can I request leas

1 Answer | Asked in Landlord - Tenant for Rhode Island on Jul 31, 2014

Answered on Aug 3, 2014

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Neville Bedford's answer
Sure, if you like the place. Ask for the new owner's contact information and set up a meeting, call , or discussion regarding whether they are interested in continuing the tenancy and under what terms.

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Q: if landlord terminates lease early does tenant still have to pay remander of lease

1 Answer | Asked in Landlord - Tenant for Virginia on Jul 30, 2014

Answered on Aug 2, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
That depends on the terms of the lease agreement and on the reason, if any, for the termination of the lease.

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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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