Lawyers, Answer Questions  & Get Points Log In
Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I have a tenant evicted who has not paid rent for over a year ?

This tenant refused to renew there lease last year stating they were moving and this fall filed bankruptcy.

F. Paul Maloof
F. Paul Maloof answered on Jan 23, 2022

When the tenant/debtor filed bankruptcy and included in the bankruptcy the landlord as a creditor, there is an automatic stay on all existing claims by creditors against the tenant/debtor. If the tenant/debtor was discharged in the bankruptcy, all unsecured creditors are discharged/eliminated from... Read more »

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for New Jersey on
Q: My tenant is running an illegal medical spa out of my condo. Her rn license is suspended. She is injecting botox.
Morris Leo Greb
Morris Leo Greb answered on Jan 23, 2022

Send a notice to cease and desist in accordance with NJ statutory requirements. If you not familiar with the statutory requirements, consult with a local real estate attorney.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: do I have any options ? I have no lease or any rental agreement. current on rent.

The roof in my bedroom fell on me 3 weeks after I moved into the property. Landlord is refusing to make any attempts to repair it. I've rented this property for almost 1 year and have had a damaged roof for 11 months. I called code enforcement November 2020 and during their inspection they... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 22, 2022

If you were injured when the roof caved in, then retain counsel here in Florida on contingency fee which means you don’t pay anything unless you win. I have had success with cases like this.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: I'm a single renter and when my lease was up, I was asked if I wanted to renew. I said yes but was never given a lease.

I moved out recently and she is talking about suing for unpaid rent. Can she do that if there is no rental agreement?

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

Depends on the terms of the original lease you renewed, as well as how you moved out. Typically when you stay beyond the original lease, you are considered a tenant at will, and operate on a month-to-month basis. That could obligate you to give a month's notice of you moving out, otherwise you... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: How do I go bout by getting my Stuff from out my house when my landlord done change the locks

Landlord want let me in the house 2 get my things

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

Have you been legally evicted? If not, the landlord has a big problem here; if you have been legally evicted, you have a big problem here.

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Pennsylvania on
Q: Can I lose my dog privileges at my aprt for walking my neighbors naughty dog that has a bite history? If he bites again?

I have two esa (dogs) at my aprt complex. I’ve never had a problem with them. I also walk my neighbors dog, I’ll call him “Wally”. Wally is legally on her lease. The problem is, Wally has nipped at an apartment employee before, with a different walker. The incident was reported and is now... Read more »

Nellie T Schulz
Nellie T Schulz answered on Jan 22, 2022

It’s not possible to answer your question definitively without knowing what the pet provisions say in your lease. I suppose it’s possible that it could provide that a tenant who acts negligently when walkia dog” could be bYour arguments are logical and sound, but that doesn’t mean your... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can you counter sue for attorney fees in a civil suit claim for eviction if you represent yourself?
F. Paul Maloof
F. Paul Maloof answered on Jan 22, 2022

In Virginia, an award of attorney's fees is only applicable if the party (plaintiff or defendant) pays their attorney who represents the party and is paid for the professional services rendered. Self-representation does not give rise to the entitlement of an award of attorney's fees.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for Kansas on
Q: We'll have a pretty serious case that I have taken through small claims and now needs to go up to the Court of Appeal

Very serious tenant/landlord case in which has overwhelming evidence of illegal evection , harassment,descrimanation and slander of character ect I have all documents necessary it's put a huge emotional toll on my family I need help.

Tim Akpinar
Tim Akpinar answered on Jan 21, 2022

Only a Kansas attorney could advise you here, but your question remains open for two weeks. Please keep in mind that appeals of any type in any jurisdiction are generally governed by narrow windows of time to take action. If you are contemplating an appeal, you could consider reaching out to Kansas... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: I'm unable to send a $10,000 tenant debt for collections b/c property manager refuses to disclose tenant information

I have a property in NC that was managed by a property manager. The previous tenant had to be evicted, and has a debt of $10,000. I'm no longer working with that property manager, and would like to send the debt for collections. The property manager refuses to disclose with me any personal... Read more »

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Generally speaking, most of your tenant's information should have been in the eviction file at the courthouse, which is public record. If your tenant was a business then their information should be on the NC secretary of states webpage. I would advise hiring an attorney in the county where the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict us through a text message, and schedule a showing of the house while we are still paying rent

The landlord is trying to evict us even though we are current and up to date on rent. They are only texting eviction notice and today they text me saying they have scheduled a showing for tomorrow at 9am , even though we are still paying rent every month and are currently living in the home. The... Read more »

Linda Liang
Linda Liang answered on Jan 21, 2022

Landlord must send notice to you and provide proof to the court. Text message is not a proper notice under Section 83.56(3), Florida Statutes. You are not required to accommodate the showing because you are legal possessor of the premise.

1 Answer | Asked in Landlord - Tenant and Legal Malpractice for Maryland on
Q: I live here for 2 months. 12 month lease. My landlord is selling my apartment. Can I reject open house and viewing

I only been here for 2 months my lease is no where near ending. I’m in Baltimore MD and was told that she can do

The open house but do I have to agree to the viewing? What are my rights when it comes to the public viewing my personal things within the apartment

Mark Oakley
Mark Oakley answered on Jan 21, 2022

First, read your lease to see if there is a specific provision regarding this. If not, NO. An open house is NOT a reasonable request from a landlord. Reasonable inspections upon advance notice and appropriate times are generally allowed, but having real estate agents and prospective buyers... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Yes I was hit in by a taxi cab in the crosswalk I want to know what my liability factors are against the tab company
Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 20, 2022

I hope that you are not seriously injured. Since most injury/accident lawyers will provide you a free, complimentary consultation, I would recommend that you go straight to that route-----use the Find a Lawyer tab and search for injury/accident lawyers in your area, contact a few and meet with... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can LL still get 2 months rent when I break the lease if he is going to do a total remodel instead of re-renting?

The new apartment complex owners are not re-renting vacated units, they are totally remodeling them instead in order to get higher rent. Do I still need to pay 2 months rent to break my lease?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 20, 2022

If the penalty for breaking a lease is 2 months then you are responsible for two months unless you reach some alternate agreement with your landlord.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... Read more »

View More Answers

2 Answers | Asked in Contracts and Landlord - Tenant for Missouri on
Q: our apartment lease ended on 1/26/21. i emailed landlord on 1/23/21 and asked to renew one additional month. apartment

typo, it ended 12/26/21 and i emailed on 12/23/21. landlord is accusing me of not giving a notice and trying to charge me for the month of FEB although we will be moved out by then. they have been horrible not answering maitnence requests and even leaving us with no A/C in 80-90 degree heat for two... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 19, 2022

An attorney would need to review your lease. It’s unclear whether remained there on January 27 and you paid rent for the next month. If you stayed and paid and the landlord accepted the rent then you might be on a month-to-month tenancy. Any lawsuit that you file probably won’t get an... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: is there a way to evict a family living in your basement without a lease and it is illegal to have tenants living there

we have a family that we told countless times to leave because we need the basement and they told us that theyre going to leave in a couple of months and they never leave and they are loud and dont respect rules of the house

Elaine Shay
Elaine Shay answered on Jan 19, 2022

A large percentage of basement apartments are not legally permitted. In order to determine if the basement apartment in your building is permitted, you can start by obtaining a copy of the Certificate of Occupancy.

Regardless of whether the basement apartment is legal, a property owner has...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: Can a Landlord evict you in the same month that you have paid your rent? Or do they have to give you 30 days to move out
Ben Corcoran
Ben Corcoran answered on Jan 18, 2022

It depends on what breach of the lease they are using as a basis for the eviction. If you paid fully and timely, then your landlord likely cannot evict you for failing to pay rent. However, they can still evict you for other breaches of the lease.

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: What is my personal liability if my tenant leases my house to short term renters , with my approval?

Are there ways to reduce / manage my liability risks? Thank you.

Theodore Allan Greene
Theodore Allan Greene answered on Jan 16, 2022

Most landlords have a liability policy with a big umbrella. You also need to make sure your lease is well written. We cannot give you specific advice without answers to the above. You should sit down with a good lawyer and go over everything.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.