Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: my nephew lives in a house I own. He pays no rent. There is no lease or written agreement. Is he a renter?

1 Answer | Asked in Landlord - Tenant for Georgia on Feb 27, 2015

Answered on Feb 28, 2015

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Julie A. Rice's answer
Yes, he is a renter. If you don't want him living there for free then file an action in magistrate court to ask him to evict

Be sure the letter is sent in accordance with GA law.

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Q: In florida when living with family do they need file eviction with court

1 Answer | Asked in Landlord - Tenant for Florida on Feb 23, 2015

Answered on Feb 26, 2015

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Robert Jason De Groot's answer
No facts means no legal conclusion can be made. Go see a lawyer.

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Q: Can I be evicted from a rental for being 15 days late?

1 Answer | Asked in Landlord - Tenant for Georgia on Feb 10, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
Yes, depending on the contract, if there is any. Your landlord will need to notify you in writing of what is due and their intent to have you evicted. The court hearing will soon follow. If are still in rent arrears, then they can evict you and also get a judgement against you for unpaid rent and any other damages. Pay your rent to avoid all this. If you can't afford where you live, then move.

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Q: how do evict someone not on lease

1 Answer | Asked in Landlord - Tenant for Florida on Feb 19, 2015

Answered on Feb 21, 2015

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Robert Jason De Groot's answer
The sister should have been included in the case.

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Q: If I purchase a property that was previously rented am I legally required to continue renting and if not who much notice

1 Answer | Asked in Landlord - Tenant for Georgia on Feb 20, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
It depends upon whether or not you agreed to take over the lease on the property. If not or if the tenant is month to month, then give them written notice of your intent to have them vacate and if they don't, then take them to magistrate court to have them evicted. Most likely, the lease is with the prior owner and not you and unless you assumed the lease, then give the tenants notice (or try to work out something with them so they can find a place to live) and if they aren't cooperative,...

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Q: If I went to court and was given an eviction date, what happens if I stay passed that day? Might I be arrested?

1 Answer | Asked in Landlord - Tenant for Georgia on Feb 18, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
On the date of the eviction, the sheriff will show up at the door and remove all of your belongings to the street corner including you. If you cause a problem, then you may be arrested for obstruction of justice or other charges and your things will still be on the street corner. Find another place to live before your eviction date and get out of the house. You have no legal recourse.

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Q: Can a landlord cancel a lease after it's been fully executed in CA?

1 Answer | Asked in Landlord - Tenant for California on Feb 18, 2015

Answered on Feb 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You need to read over your lease and see what are the conditions precedent for the lease taking effect. Of course, both the landlord and the tenant need to execute the lease, but sometimes there may be other prerequisites such as delivery of a deposit, etc. If all conditions are met, the landlord cannot unilaterally try to back out, and if she/he does, you can sue for breach. Be...

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Q: I signed a lease with my girlfriend and she left apartment a refuses to pay and has given 30 day notice can she just do

1 Answer | Asked in Landlord - Tenant for California on Feb 18, 2015

Answered on Feb 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If she signed a lease, and the lease term has not expired, her moving out with 30-day notice would be a breach. You need to "mitigate" your damages; that is, you should try to minimize your losses by finding a replacement tenant. If you are unable to find another tenant, or if the new tenant pays you a lower rent, you can sue your girlfriend for your money damages. Be sure to...

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Q: How can I throw out tenant in a room thats not a unit, apartment, inside my home but a addition to my shed not on myhome

1 Answer | Asked in Landlord - Tenant for Florida on Feb 16, 2015

Answered on Feb 18, 2015

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Robert Jason De Groot's answer
Did you read the chapter of Florida Statutes that I referred you to previously? That should help. You said earlier that he had been gone for a week, but now it is half of a week. Which is it? Go see an attorney about this.

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Q: Where can I seek help to fill out an answer unlawful detainer?

1 Answer | Asked in Landlord - Tenant for California on Feb 16, 2015

Answered on Feb 17, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you can afford to retain an attorney, that would be your best choice. If you cannot, try visiting a pro bono organization such as Legal Aid Foundation (www.lafla.org), or call your local bar association for a referral. Otherwise, you can go to the local law library and conduct research through practice guide related to landlord-tenant law. Keep in mind that the answer to...

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Q: do I have to return rent if renter vacated early and I am able to find new renter AFTER the monthly rent was due?

1 Answer | Asked in Landlord - Tenant for California on Feb 16, 2015

Answered on Feb 16, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If she was a month-to-month tenant, she had to give proper 30 day notice in order to terminate tenancy. However, if you have been successful in finding a replacement tenant, you should should charge the former tenant only for the length of time the property was vacant, and for costs of finding replacement tenant (if any). Be sure to consult your own attorney to protect your...

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Q: filing an ejectment in miami-dade co

1 Answer | Asked in Landlord - Tenant for Florida on Feb 12, 2015

Answered on Feb 13, 2015

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Robert Jason De Groot's answer
This is not a question, and there are not enough facts here.

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Q: interpreting 24 hour notice of intent to enter, Florida landlord/tenant law

1 Answer | Asked in Landlord - Tenant for Florida on Feb 12, 2015

Answered on Feb 13, 2015

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Robert Jason De Groot's answer
Read the lease. The landlord has reasonable access at reasonable times, most likely.

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Q: I have a lease that is until may 31 2015. The House has been sold does new owner honor lease? In ca

1 Answer | Asked in Landlord - Tenant for California on Feb 10, 2015

Answered on Feb 12, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have an unexpired lease when the property is sold, the new property owner should honor it. I suggest you consult your own attorney to protect your legal rights.

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Q: is my land lord allowed to go in to the bedrooms for the house I am renting if I told him no?

1 Answer | Asked in Landlord - Tenant for Florida on Feb 11, 2015

Answered on Feb 11, 2015

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Robert Jason De Groot's answer
Read the lease. The landlord has reasonable access at reasonable times, most likely.

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Q: I am a landlord and was renting an apartment with two people on the lease. The first person was issues a restraining

1 Answer | Asked in Landlord - Tenant for Ohio on Feb 9, 2015

Answered on Feb 10, 2015

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Matthew Williams' answer
This is an interesting question. I don't know the answer off the top of my head. However, I suspect the tenant who is restrained cannot get out of his lease obligations for this reason unless there is something in the lease that would allow him to. You generally cannot get out of a contract when the difficulty is created by your own wrongdoing.

Does your lease agreement contemplate what should occur if the tenant is no longer legally able to occupy the premises?If not, it would be a...

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Q: I just moved into a property the ice maker in the freezer is broken. Landlord won't fix it how do i get him to fix it?

1 Answer | Asked in Landlord - Tenant for Florida on Feb 6, 2015

Answered on Feb 7, 2015

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Robert Jason De Groot's answer
Basically you don't. You get some ice cube trays and use them in the freezer.

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Q: eviction questions

1 Answer | Asked in Landlord - Tenant for Florida on Feb 6, 2015

Answered on Feb 7, 2015

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Robert Jason De Groot's answer
You need to actually go see an attorney, and the attorney will need to see all the documents that you have.

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