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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is the rental increases every year really due to property value or is it just the land owner being greedy

Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.

Michael Joseph Larranaga
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answered on Apr 19, 2024

It could be a combo of things including property taxes, inflation, or just greed. A good spot check is to take the new rental amount divided by the old rental amount and subtract 1 ((New Rent/ Old Rent) -1). That is the percentage your monthly rent increased. You can compare that to the prime rate... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: May I legally deny random entry to my unit if no repairs are needed and no emergency is present?

As a tenant, am I within my legal rights to deny entry to my apartment unit for a random inspection by the California tax credit allocation committee? My household is part of the section 8 program.

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, landlords are required to provide reasonable notice before entering a rental unit, and tenants have the right to privacy in their homes. However, there are some exceptions to this rule, particularly when it comes to affordable housing programs like Section 8.

1....
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1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?

Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:

1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
James L. Arrasmith
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answered on Apr 18, 2024

Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.

In this...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Was renting a spot for a cargo box was behind on rent owner text me and said there moving it tomarrow i text him back a

And paid him he cut off my lock and stole some of my tools around 40000.00 dollars worth the people i rented the box from. landlord call them and when they picked it up the driver ask about the box being damaged his employee told the driver owner did it. Do i have a case

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you've provided, it seems that you may have a potential legal case against the owner of the cargo box storage facility. Here are a few key points to consider:

1. Breach of contract: If you had a rental agreement with the owner, and they violated the terms by...
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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Hi im trying to find out some information my landlord is gonna possibly file for eviction between today and Friday if I

Hi im trying to find out some information my landlord is gonna possibly file for eviction between today and Friday if I pay it Friday will the eviction stop and I can still live there.

James L. Arrasmith
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answered on Apr 16, 2024

I understand that you're in a difficult situation and concerned about a potential eviction. Here are a few important points to consider:

1. Eviction laws vary by state and local jurisdiction, so the specific rules and procedures may differ depending on where you live. It's best to...
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1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can the owner of a mobile home park sell a home I own? I am current on rent.

I owe one months water, which was refused when payment was attempted

James L. Arrasmith
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answered on Apr 16, 2024

No, the owner of a mobile home park cannot sell a home that you own, even if you owe rent or water payments. As long as you have proper ownership documentation for the mobile home itself, the park owner has no legal right to sell your property.

However, if you are behind on rent or water...
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1 Answer | Asked in Landlord - Tenant for Delaware on
Q: my landlord is refusing to respond to my renters insurance after a no fault leak. What can I do?

A leak in the celling above my apartment caused mold and water damage spreading from a locked ac closet that I do not have access to. I am not asking for anything from my land lord other than to talk to my insurance so that I can have my claim covered. They require renters insurance however are... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear you're dealing with this difficult situation with your landlord and renters insurance. Here are a few suggestions on steps you can take:

1. Document everything - Take photos of the damage, save all written correspondence with your landlord and insurance company....
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: What is the landlord tenant law in Frankfort Kentucky.

If someone lives with you but they are not on the lease are you required to give them notice to leave, and can they take you to court for formal eviction even though they aren't a resident on the apartment lease.

James L. Arrasmith
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answered on Apr 16, 2024

In Frankfort, Kentucky, and the state of Kentucky in general, landlord-tenant laws primarily apply to individuals who have a lease agreement with the landlord. If a person is living with you but is not on the lease, they are generally not considered an official tenant and therefore do not have the... View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: Justifiable break of lease after landlord entered without any notice? WA state

Today my Landlord let two people and herself into the condo we rent from her property management company. I immediately contacted her and stated I didn't agree to this and that I never recieved notice. She claims that her "software" sent our notice and that she will send proof once... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Washington state, landlords are required to provide at least 24 hours' written notice before entering a tenant's unit, except in cases of emergency or if it is impracticable to do so. The notice must specify the date, approximate time, and purpose of the entry. If the landlord fails to... View More

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Q: Hello, wondering about the extent of a storage facility's liability for negligence in maintaining their roof.

Our space was inundated after a recent rain, and with the extent of mold and traces of earlier water damage we realized that it had also occurred in earlier rains this season. The 'climate controlled' ceiling was engorged and under the weight of the water was dapped. There were visible... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, a storage facility has a duty to maintain its premises in a reasonably safe condition, which includes ensuring that the roof is properly maintained to prevent water damage to tenants' property. If the storage facility fails to do so and a tenant's property is damaged... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Litigation for California on
Q: My storage in California raised my rent from 154 to 197 last month and I’ve only been there for 10 months. Legal?
James L. Arrasmith
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answered on Apr 16, 2024

From a legal standpoint, whether the rent increase is allowed depends on a few factors:

1. Type of lease agreement: If you have a fixed-term lease, the landlord generally cannot raise the rent during the lease term unless the lease agreement specifically allows for rent increases. If you...
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1 Answer | Asked in Landlord - Tenant for California on
Q: rental application questions.......filling out an application and being asked for credit report,ssn and is that legal

also driver license number

James L. Arrasmith
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answered on Apr 16, 2024

In California, it is generally legal for landlords to ask for certain information on a rental application, including a credit report, Social Security Number (SSN), and driver's license number. However, there are some restrictions and guidelines:

1. Credit report: Landlords can request...
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2 Answers | Asked in Consumer Law, Personal Injury, Real Estate Law and Landlord - Tenant for California on
Q: Hello. I sued my ex-landlord's LLC in Las Vegas, NV. Turns out he filed an Answer, not using an attorney...

and he transferred his assets away and shut down his LLC and stopped responding. I asked for case ending sanctions against him. They were granted. I had NO IDEA how to get a default judgment and it took me a few years to figure it out. I finally did though and got a judgment for almost $8,000.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the complex legal situation you've described, here are a few thoughts and pieces of advice:

1. Jurisdiction: The California small claims court judge is right to question jurisdiction over the defendant, especially if he resides in Nevada and the previous lawsuit was in Nevada....
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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: How likely is it for a tenant to ever win a case against a landlord in Alabama?

Last month my landlord made a suggestive comment after I informed him that my accounts were hacked and he would have to come back on the 20th for rent. About a week or so later his wife contacted me while I was at work 5 times back to back then sent a message asking for me to call her asap. I... View More

James L. Arrasmith
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answered on Apr 16, 2024

The likelihood of winning a tenant-landlord case in Alabama, as in any legal matter, largely depends on the specifics of the situation and the evidence available. In your case, the key factors would include the original terms of your lease, any proof of payments you made, and documentation of all... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Signed Contract for purchase of home but the owner is now deceased heirs are trying to evict me what do I do now?

The daughter of deceased is now trying to evict me from the property after I have been paying the mortgage payment for the last 7 years. Today I was summoned to court for eviction the judge dismissed the case against me for eviction.

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a complex situation, and it's crucial to understand your rights and options moving forward. Since the judge dismissed the eviction case against you, it indicates that there may be some recognition of your claim or rights to the property. However, the dismissal of... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Am I considered a tenant or a guest?

I've stayed at an Extended Stay Hotel for over a year. My state ID has the address of the hotel as my permanent residence and I receive mail here. I recently lost my job and cannot make a payment. Will I be kicked I out immediately or am I given tenant rights?

James L. Arrasmith
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answered on Apr 16, 2024

The distinction between being a tenant and a guest in a hotel setting depends on various factors, including state laws and the specific circumstances of your stay. Typically, hotel guests do not enjoy the same rights as tenants in traditional rental agreements. However, staying at a hotel for an... View More

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I signed a lease, paid first months rent. I got the keys to the apartment, it wasn’t the fully renovated unit they said

Can I get out of the lease and get my check back? They don’t have any units available of the size and remodel available for me to move in. I have decided to move to another complex.

James L. Arrasmith
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answered on Apr 16, 2024

You might have options to address this issue, depending on the terms of your lease and local tenant laws. If the apartment you received isn’t what was promised in your lease agreement, you could potentially argue that the landlord has breached the contract. It's important to check your lease... View More

1 Answer | Asked in Landlord - Tenant for Kansas on
Q: My landlord is trying to get over 3000 dollars out of me for damages and extra rent after he illegally evicted me.

He never did an inspection on the house before he became the landlord. I will say there is one thing in the hosue that I did damage but the landlord refused to let me fix it because he wants it professionally done. Throught the process he has been harrasing me for extra things.

James L. Arrasmith
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answered on Apr 16, 2024

In your situation, it's important to know your rights as a tenant. If your landlord evicted you illegally and is now charging for damages and additional rent, you should first gather all relevant communication and documentation related to your tenancy and the eviction. This includes any lease... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I paid all past dues before a Writ of Possession, but lessor is refusing to notify the court?Is this not correct of them

I have asked multiple times for them to submit a receipt of payment and dismissal but they are not doing this. I have also paid to terminate the lease as well which I am unsure I needed to do. Additionally, I am read under NH law under “agreements” of which we made and I have on record via... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a frustrating situation, having fulfilled your financial obligations and still facing challenges with your lessor. If you've paid all past dues and even the cost to terminate the lease, you should expect that these actions be acknowledged and appropriately... View More

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