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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: If a landlord accepted partial payment after using tenant a 14 day notice, is that notice null and void?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

No, but what counts is whether a Detainer Warrant has been filed or not.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: My Grandson signed a lease with his roommate. The roommate is now spending his portion of the rent on drugs

My Grandson is now paying for himself and roommate. What are my Grandson's options ?

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 2, 2023

You should probably have your grandson talk to an attorney.

His roommate’s actions could constitute theft, unjust enrichment, or other. The lease will govern much of what your grandson can do. Just generally, your grandson may wish to move out. Heavy drug use often leads to bad...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for California on
Q: California Lease Transfer - Question Regarding Security Deposit

Lived in LA and found a listing for someone who was looking to get out of their existing lease early (not a sublease).

An addendum was signed by all parties (the former tenant, myself, and property manager), stating that my name would be added to the lease and that the former tenant's... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

It looks like the landlord is keeping the previous tenant’s security deposit as your security deposit in lieu of refunding the previous tenant’s and you depositing a new one. So you have been unjustly enriched unless you repay the previous tenant.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Help with eviction and flat fee lawyer. The tenant gave the apt. to a friend who is not paying rent now. Thanks

Oregon Real Estate Landlord / Tenant issue. The tenant with whom there is a signed lease agreement subleased the apartment to a friend during covid and now the friend is not paying rent. There were some messages about this w/ the landlord but the friend never signed a new lease. Also, the friend... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Feb 1, 2023

You will need to serve the tenant with the proper 144 hr or 72 hr notice and, if not timely paid, file to evict in court. While I offer some partial eviction services on a flat fee basis, I don't know any attorney who offers a flat fee for an eviction start to finish. That is because there... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can an apartment complex change the date rent is due before being charged a late fee, from the date in the lease?

My lease says I have until the 8th of each month, but my complex says they've changed the date to anytime after the 1st.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Feb 1, 2023

As with all legal questions, it depends.

CO has very recently passed certain laws relating to late fees. The change may be an attempt to comply with that law. But it sounds like they may be moving in the wrong direction. If they start to charge you late fees then you may wish to reach out...
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Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a 3-day eviction notice legal when you've been living in an extended stay hotel longer than 2 years?

I have four boys one of them is autistic and we have nowhere to go but live in our car

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 1, 2023

The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.

While you situation is serious and heartbreaking, the fact that your son is...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Someone I know is stating he lives with me but doesn't. I have stuff here because he went to rehab. What do I do?

My friend went to rehab and got kicked out. We were allowing him to stay until his grandfather's funeral. We found out he stole some of my step-father's pain medication. When he was asked to leave he got violently upset, stated he lived here because he has stuff here. He's stating I... Read more »

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Under those circumstances, you should formally evict him. Since there was no agreement as to rent, you need to give him 30 days advance written notice of the termination of any tenancy rights he may have. If he doesn’t leave by then, you will need to file an eviction case in your local justice... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: An adult tenant assaulted minor children for the second time what are my rights moving forward with the landlord

A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 1, 2023

A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: In New Jersey, can I send a lease termination letter to my month to month tenant simply because I want to sell?

Tenant had been on a one year lease about four years ago, we never renewed or offered renewal and so I believe she is now "month to month" essentially. In New Jersey, can we simply send her a lease termination letter with proper notice? Or do we need "good cause" to do so? We... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Feb 1, 2023

Yee, you may send such a letter. Be sure that it is given prior to the commencement of the Next month's term. Further it should provide a minimum of 30 days notice to vacate.

1 Answer | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for California on
Q: Best way to obtain compensation over $50k from corp landlord that filed UD against me, cross complaint or Civil suit

Los Angeles Ca

Jury Trial set in the next 48 hours. Trying to figure out how to obtain compensation for slumlord that is trying to evict me for "non payment" even though they were over paid, and after I contacted the city and county?

Compensation in cross/counter claim... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 31, 2023

To me, I'd hire an attorney, with that much money at stake and super fast, since you are saying trial is in two days???

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord terminate my lease does it affect your credit

If my Landlord terminates my lease because of a lease violation ( though I do have proof that the accusation is false) will it hurt my credit? At this point I’m sick of my landlord and their management company and I want to get out.

Carolina Nunez
Carolina Nunez
answered on Jan 31, 2023

It depends on the terms of the lease and the circumstances surrounding as to why you may want to terminate. Most standardized leases have an option that they can collect and attempt to recover damages as a result of the breach of the lease contract. However, it is possible that there are defenses... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If the court approves my landlords warrant for removal can I pay my debt before the move in date and still remain?

I meant the move out date. I applied for relief and only got a week extension I plan on borrowing against my trust for the remainder of eBay I owe but I want to make sure that if I do it before the move out day can I remain in the dwelling.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 31, 2023

Yes but within a very limited period of time.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: We just got the notice that we are being evicted and have to be out in 3 days. My wife is going through chemotherapy and

Radiation. We were going to ask the judge for more time.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 31, 2023

Your question fails to state whether the notice was a letter from the landlord or an ntice from the Court after a court earing was scheduled. If a letter from the landlord with no notice from the Court, you do not have to move, NJ Courts do not recognize self help. The Landlord must follow the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Looking for landlord tenant attorney who can represent me in chansery court in Essex County nj

I need help with lawsuit for money in chancery anybody can represent me. In Essex County NJ

I am getting surd by ex landlord becuase he could not sell house

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 30, 2023

Chancery Court in NJ does not hear suit concerning money. It is a Court of Equity. Suits for damages are heard in Law Division. Depending on the amount in controversy, suits for money damages are in small claim, special civil part, or superior court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... Read more »

James Clifton
PREMIUM
James Clifton
answered on Jan 30, 2023

If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved out before the end of the lease and keep paying rent but the landlord does not look for a new tenant. Can I sue?

The landlord started renovating the apartment instead of looking for a new tenant.

Ross Cameron Hart
Ross Cameron Hart
answered on Jan 29, 2023

You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: In Illinois do you have to give a roommate notice of someone moving in?

Me and my girlfriend split up about a year ago. She still lives in my house that I own. I've been seeing somebody for 6 months and we both want to live together. Problem is my ex-girlfriend still lives there and she refuses to leave. Do I have to give her notice of someone moving in? Because... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

From a legal perspective, if it's your house you don't need to give your ex notice that someone else is moving in. On the other hand, I'm guessing your new girlfriend and you will lead a much more peaceful life if you evict the ex-girlfriend before moving the new girlfriend into the... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for my landlord to tell me about his other tenants and vis Versa with out my consent

My landlord is telling his other tenant's all my business about eviction

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 27, 2023

Free speech is generally protected by the 1st amendment. That being said, the 1st amendment does not protect all types of speech. It has long been recognized that false statements may give rise to a legal claim for defamation. While not criminal in nature, false statements can give rise to civil... Read more »

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