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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I legally withhold rent to landlord after he has failed to make health violating repairs.

The landlord was notified over 60 days ago and is threatening eviction although repairs have yet to be made.

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

No, that would be a breach of your Lease Contract. You probably need to look for another place to live because ultimately you will lose possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Are text messages acceptable in court between landlord and tenant
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

If the Party is the sender or receiver, that evidence can be admitted. He must authenticate the transmissions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: i was mowing and part of the rock that was used to make some kind of island in the back yard hit me in my leg

this rock was part of some kind of thing that was built on the ground to make a platform. I did not build this it was already built. Can i file under the homeowners insurance policy because i was badly injured?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

Your homeowners insurance covers your liability if someone is injured on your property. It does not cover you for injuries to yourself; that would be covered by your health insurance.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Landlord - Tenant for Texas on
Q: Does the law protect renters on verbal contract?

I rent a room under a verbal contract. I've been told to vacate. This is sudden and leaves me in a terrible position. I'll be on the street because of this. Is there any law to protect me from this?

Teri A. Walter
Teri A. Walter answered on Jun 21, 2021

If you rent the room on a month to month basis, they have to give you 30 days notice of non-renewal. If the oral agreement is week to week, they would only need to give you a week's notice of non-renewal. If you've breached the agreement in some way, the notice period can be 3 days.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If I were to take her to small claims court over my deposit would I win? Thanks!

I bought the home I've lived in and rented for the last 4 years. The landlord never had to fix anything and always praised us for keeping the house so nice. The house was even appraised at more than she bought it for because we've kept it so nice the last 4 years and did a little work... Read more »

Andrew Popp
Andrew Popp answered on Jun 21, 2021

It depends on the terms of the lease agreement. For a definitive answer I suggest bringing everything to an attorney so he or she can perform a detailed analysis and advise you.

Best of luck.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Am I responsible for paying rent until a new tenant takes occupancy?

When I requested to terminate my lease early, my property manager emailed me stating "The landlord has agreed to release you from your lease upon the following conditions.

1. *60 day notice, and provided at the time of said notice there is not a rental waiting list at the apartment... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 21, 2021

If you requested and received those conditions in writing and then your landlord signed a written release at the time the conditions were fulfilled, you have a novation to prove that your were released from further rent. If you do not have a signed agreement and a signed release, you may have the... Read more »

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Oregon on
Q: We were never asked to buy the property we have been renting for almost 2 years ...

We got a 90 day notice to leave because they sold the property . But no papers were added showing proof of it being sold ...I lease ended in march ..they never renewed it but we have till this day payed rent every month...what should we do...there is nothing open for rent here

Gregory L Abbott
Gregory L Abbott answered on Jun 19, 2021

Much depends upon the exact details - what the 90 day notice said; what, if any, other papers were served; what, if anything, was said about relocation assistance; etc. You are correct that the seller/landlord is obligated to show you a copy of the offer that he accepted, along with a declaration... Read more »

2 Answers | Asked in Landlord - Tenant and Criminal Law for Florida on
Q: Can you seek compensation for a landlord entering without notice and running up your electric bill.

A.C. was off and nobody was home all day. Apartment complex maintenence worker entered in the morning without 12 hour notice (I think that's the law in florida) to unclog A.C. drain and left A.C. running for hours until I came home at night. We have stated that we don't feel comfortable... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 19, 2021

You may seek damages…but you will have to prove that your landlord did what you say he did and also show the amount of damages. You are not going to be able to seek emotional injury damages without an actual impact on your person…you may also sue the landlord for a trespass.

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
Sabra M. Janko answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Landlord - Tenant and Public Benefits for Maryland on
Q: Can HOA starts making rules for no smoking but specify to start on one building first?

All owners of this building are non smokers. There are smokers in all other buildings. All buildings are stand alone. Thanks.

Peter N. Munsing
Peter N. Munsing answered on Jun 18, 2021

It doesn't make sense but If you are a non smoker the next issue is are you harmed? Courts have a doctrine that they don't look at theoretical , abstract concepts of harm.

However start by asking them why, get as much on the record as far as their reasons. Look at the HOA...
Read more »

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: No Itemized List of charges within 30 Days

In missouri, we moved out and had a charge through our online resident portal within 30 days. There was no itemized list. After those 30 days, we received an itemized list of charges thru an email. Do we have to pay the amount even though we did not receive the itemized list until after the 30 day... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 18, 2021

I would recommend you take a look at RSMo Section 505.300. It deals with the landlord's obligations regarding security deposits. If you have any questions, you should consult an attorney.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I let my brother live with my family 17 years ago when he separated from his wife and family, there was no rent.

We did 29 projects on the house, 25 of which he was paid for. Can I have him legally detained.there were no contracts, bills except for a paper i signed in 2006 that I cannot find dealing with my basement which we dugout together. He had no experience and did'nt under pin the foundation... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2021

You have no case. You jointly participated in the work that you now claim was defective, and which neither of you had any experience or business doing. Homeowner DIY jobs carry that risk: you don’t know enough to follow building codes. That is true even if you were not beyond the statutes of... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Virginia on
Q: Can manager of motel where I work and live for past 3 yrs raise my rent if I no longer work for him

He threatened to raise my rent if I quit him

F. Paul Maloof
F. Paul Maloof answered on Jun 18, 2021

There are two relationships involved in your reported situation. One is the employer-employee relationship. The other is the landlord-tenant relationship. I will only address the landlord-tenant relationship because I do not handle employment law matters. If you have a written lease, the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Salem or 12 yr daughter depression doc companion pet landlord now said get ríe of it 24 hrs

My daughter has depression cuts her arms landlord knows about this but refuses to let us keep her pet with doc notes and mental Heath doc can landlord force us to get rid of the pet or evict us 24 hr

Gregory L Abbott
Gregory L Abbott answered on Jun 17, 2021

It all depends upon what grounds the landlord is asserting to terminate your tenancy. They cannot terminate it because you have an emotional support animal ("ESA") that has been properly "prescribed". They can, however, require you to remove any specific, particular emotional... Read more »

1 Answer | Asked in Elder Law and Landlord - Tenant for Texas on
Q: Can my apartment complex not do needed repairs which affect my apartment?

6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

Contact the renters' council in Temple. If there is none, try the Travis County Renters' Council.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Feb. 2020 moved into apartment complex owner “westside lakeshore LLC” covid happened. Covid paper work submitted.

Pr county website he has seen, No order/ judgement taken. I received notice of termination of month to month tenancy. On June 4th it Says rental of property has to be surrendered by 6/30/2021. This paper is not from a lawyer, court or service processor? Is this legal.

They... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You are a month to month tenant, which means that the LL can terminate your lease with 15 days notice. You are not being evicted, so Covid has nothing to do with it. A landlord's notice that your tenancy is not being extended another month is not a document that comes via the court system. Its... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Paid cash to owner for room to rent and now I can't move in from her refusal. How to get refund with bo proof of trans.
Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You gave some woman cash with no proof that you paid her. You just learned a hard lesson. That money is gone.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can A rental office refuse to renew my lease even if I’ve never had problems and always been early on rent ?
Joseph Jaap
Joseph Jaap answered on Jun 17, 2021

Unless a lease gives tenant a right of renewal, landlord has no obligation to renew, and does not need a reason for non-renewal. Try to negotiate a new lease, but you must find a new place otherwise.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi. Thank you In advance! Can I be evicted currently?

Landlord states I’m past due and owe 3200. last payment was 3000$ with stimulus money. I have three minor children, one of whom is diagnosed with a disability and receives SSD. Is the moratorium still valid on non payment due to COVID-19 hardship? I am SE EMPL, receive unemployment, have applied... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

No, I don't believe the moratorium is still in effect. Basically, having already given you notice, what the landlord needs to do is file a complaint with the court and schedule a hearing. At or before that hearing, you must deposit the past due rent and other charges with the court. If you... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do I have any case against my roommate or leasing company?

I moved into a nice, upscale apartment in Florida a few months back. I came home one day and my roommate had emptied his storage unit into the living room. It was so absurd you couldn't even walk through all the stuff. I told him this was unacceptable to which he replied, "They cant evict... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

It is not clear what you want to sue them for; your roommate has too much furniture and he installed cameras which you took down already. I don't see how the furniture or the camera would be grounds for a lawsuit, but if the leasing company "offered to let [you] out of the lease if [you]... Read more »

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