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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can an assisted living facility hold my mom responsible for a full month rent when she passed away on September 7, 2021?

My mom signed a form and there is a statement on the form regarding refund policy. You would not get a refund for the month you are in if the tenant died (or was taken out). She died on 9/7/21 of Covid she contracted in the home. Technically, it is not a refund because we did not pay as of yet.... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

Best way to find out is to contact them. If your mother has no assets, I don't see how the home plans to collect anyway.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am subleasing an apartment in NYC and I have been given less than 30 days to leave what are my rights?

I had a verbal agreement with someone to sublease their apartment for 1550. I've been living here since June 2019 I pay the utilities here also and have bills that come here in my name . I found out that the actual rent for the apartment is 650 because I came home to a letter on the door for... Read more »

Elaine Shay
Elaine Shay answered on Sep 24, 2021

If you want to be accommodating you can comply with the request to vacate by the 30th. However, if you do not vacate by that date, the prime-tenant or landlord will have to commence a Housing Court case to seek to evict you. As a result of the Covid pandemic, the eviction process can be even... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have paid the rent for this month he told me he wasn’t paying anything could I or the landlord just Evict him
Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

I have to guess what your question is. So here goes: you have a roommate. You paid the rent in full to the landlord, but your roommate was supposed to pay half. When you demanded his half, he told you that he wasn't paying anything. Now you want to know whether you or the Landlord can evict... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it legal for a landlord to state in your lease that they are not responsible for any injuries if hurt on their proper

Just wondering if that's legal

Elaine Shay
Elaine Shay answered on Sep 24, 2021

Contracts are private agreements between the parties to the agreement. Essentially contracts can say whatever the parties agree to but the Courts are not obligated to enforce terms that are against public policy or existing law.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Hi I was just wondering/want to ask and find out for sure for sure for someone I know.

I wanted to ask and double check and make sure for sure because his landlord is starting to throw him out because he's a little behind on his rent for this month and everything but I was wondering and wanted to make sure if because he's old and he's disabled he's like 60... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2021

It is good that you are willing to help. A landlord can evict any tenant who is behind on rent, even if only a little behind. Talk to the landlord, and then talk to local senior services agencies or rental agencies that might be able to help the tenant pay rent or find him a new place if he is... Read more »

1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: NJ location- month to month tenant; applied security deposit to rent due to LL failure to provide proper notice.

Was successful in court. Question is, as long as I am a tenant can LL ever require a security deposit?

Morris Leo Greb
Morris Leo Greb answered on Sep 23, 2021

No!

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What is considered landlord neglect? Also where can i read more on what landlords are allowed and not allowed to do?

I am currently 23, living with my girlfriend(20), we are both working 40 hours a week, renting from my aunt and uncle, who also run a logging company, that are honorably managed landlords. They do have 6 other rentals that are not rented to other family members. They hire cheap local... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2021

See chapter 83, Florida statutes. Available online. theres a lot of info on the internet

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord decided to sell the property and dropped of in the mailbox“Notice of Termination of Month to Month Tenancy”.

But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2021

You are grasping at legal straws.

A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.

As you said, your lease is clear: You have no more than 30 days from the date you received...
Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: Commercial tenant abandonment/early lease term. Are they legally responsible for remainder owed on lease (10 mos)?

Our tenant wrote us a letter stating they can no longer operate their business on our property and mailed it to us along with their key. Their lease agreement doesn't end till July 2022. On the lease it states all parties will not seek court action and will seek mediation /arbitration to... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Sep 23, 2021

Generally, a tenant is responsible for the full lease term, BUT the landlord must reasonably attempt to "mitigate" the damages. That means the landlord should try to rent out the space once the tenant has left. IF (the language in the lease is very important) the parties have agreed to... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my mother in law kick her boyfriend out of her apartment?

Mother in law and her boyfriend moved into an over 55 community in Ohio. He is not on the lease and doesn't pay any of the lease payments. He does give her money once a month to help pay for things. She discovered he's been making unauthorized charges on a credit card that he got in... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 23, 2021

If he asserted a legal right to stay, then the manager could file an eviction. Talk to the manager about it.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What do you do when a tenant moves and damages cost more than security deposit?
Leonard A Englander
Leonard A Englander answered on Sep 23, 2021

You would need to make sure to send out a security disposition letter within 45 days so that you don't run afoul of MD Real Property Art. 8-203. The letter should be an itemized list of why you are withholding the security deposit and should be sent to the Tenants last known address. Make sure... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Kentucky on
Q: I'm having a problem with my landlord I've been here almost 17 years or more and he changed about 3 years ago

I'm getting evicted my rent is up to date always paid my rent and it's a lot going on that I need to speak to someone I'm disabled on a fixed income I'm really ill and this man is stressing me out

Timothy Denison
Timothy Denison answered on Sep 22, 2021

What is the civil rights issue? None is mentioned in your summary.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We recently moved out of a rental. The initial deposit was $800 of which the landlord returned $500.

It has been well over 31 days since we turned the property back over to the landlord. The only “written” itemized accounting we have received was via Facebook Messenger and/or email. It was not personally delivered or mailed.

They have claimed they’re withholding the additional $300... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 22, 2021

You should sue for the $1600. If he wants the $500, let him counter Sue you for it - and prove it in court. That said, you may want to think about having an attorney represent you in regular court instead. The landlord has no incentive to do anything but go to trial in small claims. In regular... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord won’t allow tenants to inspect property to ascertain accuracy move out report, not return deposit

Landlord is charging tenant for painting inside of house (normal wear and tear) $800

Pruning bushes that should not pruned until Fall $100

Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250... Read more »

Erik A. Perez
Erik A. Perez answered on Sep 22, 2021

Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Iowa on
Q: If you was fired from a job can your employer or x employer call your landlord just to tell them you was fired?

They called and told landlord they fired you right after you was fired ..and they did not have any arrangement with one another about letting one another know anything about employment or living arrangement..

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be an invasion of your privacy or public disclosure of confidential facts. You should consult with a local employment law attorney about this.

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord raise our rent 10% for an additional tenant even if one of the previous tenants moved out?

We originally had 4 adults listed on the rental agreement but one of them moved out, and we are attempting to have somebody move in to take their place; however, my landlord is insisting on a 10% increase to the rent if a new tenant moves in. Rent was already increased last month and the month... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

Per Civil Code § 1947.12, NO, but there is a whole list of exemptions and exception. But this statute specifically covers your situation and the law limits rent increases to 5% every 12 months, unless EVERYONE moves out and there is a new lease. You don't say how much he increased the rent... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can my landlord charge me per night for having a guest stay in my unit for a week?

I live in California. I rented a 1br/1 ba appt and signed a lease stating that if I had unregistered guests that I would be charged $30/night (per the lease I am allowed 2 guests every month for a maximum of 2 days). Over word of mouth when I signed the lease, he told me that it was not enforced... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 22, 2021

If you signed a lease that says you would be charged, then you were aware of the "potential" fees. It also sounds like you breached the lease agreement by letting your friends stay more than the allotted "2 days" per month, and sounds like you further operated in bad faith by... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I requested my deposit back from place I was going to move in and landlord is not responding to request made 2 wk ago

About a week prior to moving in they let national grid cut the power because previous tenant didn't pay and was told it would take 10 days to restore. I wfh and would not be able to wait 10 days and requested my deposit back on 9/6 and have gotten no response. Because of this I'm about to... Read more »

Elaine Shay
Elaine Shay answered on Sep 22, 2021

Whether you are entitled to the return of your deposit depends upon the agreement pursuant to which the payment was made. You should consider sitting down with a local attorney to review that agreement.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: When a landlord decides to sell why you renting with no lease how many days do the renter have to vacate.
Barry W. Kaufman
Barry W. Kaufman answered on Sep 22, 2021

No lease generally means you are month to month - depends on how often you pay rent. The new owner must give you a 15 day notice on a month to month; and you must leave. You have no right to stay.

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