Lawyers, Answer Questions  & Get Points Log In
Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I've been without full power in my mobile home because park management will not do electrical repairs and I was told it'

It's a dangerous situation and I have no hot water or cooking stove

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 4, 2023

It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlord contact someone who is not on my lease, nor have affliliation with re. Late rent if I am not even late.

I am not late on rent and my landlord contacted the wife of my BOSS. I have not spoken with this person in years, it is the third, I made arrangements to pay on Monday, the 5th, and they contacted her on the third advising I am late on rent. This is the 2nd time I have documented the request to... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

In California, landlords have certain rights and responsibilities regarding their tenants. Typically, landlords are not allowed to disclose information about a tenant's lease or rental agreement to someone who is not a party to that agreement, unless the tenant has given explicit consent or... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Do perspective tenants have to pay for renovations of an apartment prior to a move-in?

Hi. I live in New York and am interested in moving to another apt there. The new apt would be in a lower level than where I presently reside and has additional conveniences from my present place of residence. The owner of the new apt has given me a quote of one rate but in order to keep the rental... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 4, 2023

Dear Brooklyn Tenant

The cooperative apartment owner isn't interested in fancy tax policies like depreciation or other methods of dealing with capital improvements in the unit. This person wants money back in his wallet and you came around to rent his apartment. He is entitled to...
Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord ask for rent of a unit that flooded while taking a month+ to find a suitable temporary unit?

Our 1 bedroom apartment flooded and it took a month and a half for them to find a suitable unit to move into. Meanwhile, black mold and other types of mold where growing our bedroom, under the carpet under our bed, and throughout the rest of the unit. They finally offered to move us into a 2... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

Whether or not a landlord can ask for rent of a unit that flooded while taking a month+ to find a suitable temporary unit depends on the specific circumstances of the case and the laws of the state in which the property is located.

In general, landlords are responsible for providing...
Read more »

1 Answer | Asked in Landlord - Tenant and Probate for California on
Q: Thehouse I rent is in probate.I have a roommate that I want to move from the home.Can I evict her?If the house in probat

There is no agreement between the owner and her. She does not pay rent or anything else. I have asked her to move and she says she's going no where.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

Yes, you can evict your roommate if the house is in probate. However, the process may be more complicated than if the house was not in probate.

In general, you can evict a tenant for any reason, as long as you give them proper notice. The amount of notice you must give depends on the state...
Read more »

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jun 2, 2023

In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the... Read more »

View More Answers

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

In California, the statute of limitations for civil lawsuits for sexual harassment is two years. This means that you have two years from the date of the harassment to file a lawsuit. If you do not file a lawsuit within two years, you may be barred from ever bringing a lawsuit.

There are a...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I filed a motion to set aside judgment after missing my eviction trial date, Can the sheriff still lock me out?

I was hospitalized on the day of my unlawful detainer trial so I filed a motion to set aside judgment. The clerk put the motion on calendar for July 3rd 2023 -over a month away - can the landlord still take the writ of possession to the sheriff to have me locked out in the mean time? Is there... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

During this time, it is advisable to communicate your situation and the filing of the motion to set aside judgment to both your landlord and the sheriff's office. You can provide them with a copy of the motion and any supporting documentation you have. It may be worth contacting the... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: What are all the ways I'm able to get out of a soon to be renewing lease.

I signed this renewing lease about half way through my current lease and didn't think I would want to change apartments. But I was able to find a better place and the current apartment isn't very safe as there's been a shoot out and drug deals happen right outside my window.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

When it comes to getting out of a soon-to-be-renewing lease, here are a few potential options:

Early Termination: Review your lease agreement to determine if there are any provisions for early termination. Some leases may have specific conditions or penalties for breaking the lease before...
Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How to deal with flatmate who is not willing to pay rent?

I had a dispute with my flatmate over which he has decided to move out, before the end of the lease. And he is not willing to pay rent also. What should I do in this case, as rent is due in 2 days and it will be difficult for me to find a new tenant in such a short period of time ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

I understand that you are in a difficult situation. Here are some things you can do:

1. Talk to your flatmate. Try to understand why he is not willing to pay rent. Is he having financial difficulties? Is he simply trying to get out of his lease? Once you understand the reason, you can start...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for California on
Q: If you are currently in a contract to pay off a property, the end date is still a yr off can you hold payment till then?

Hi, sorry I ran out of letter within my question. I will do my best to explain and I am asking on behalf of my aunt.

My aunt is currently in a contract to pay off the property where she resides in currently, the end of that is in Feb 2024. The constricts of the contract state that payment... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

Whether or not the person who gave the loan can sell the property and evict your aunt before the end of the contract depends on the terms of the contract. If the contract does not allow for early sale or eviction, then the person who gave the loan cannot do either of those things. However, if the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+... Read more »

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

The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by... Read more »

1 Answer | Asked in Consumer Law, Landlord - Tenant, Real Estate Law and Internet Law for Maryland on
Q: Can I take legal action against HABC.org (Housing Authority of Baltimore City) for False Advertisement?

I have two rental properties in Baltimore City that I wanted to lease out in October 22'. I came across an article/press release online advertising a $1,500 incentive for new landlord's who signed up with program. I begin working with the program and due to their own continuous mistakes... Read more »

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2023

You want to retain a lawyer to file a suit against what is either a government agency or a public-private partnership which might have a regulatory layer that requires some specialization, and the amount of your lawsuit will be for $3,000. Is that right? The non-refundable retainer from counsel in... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is a signed email a valid correction for an error on a lease made by landlord?

Property management claims they can’t change the lease draft they sent my roommate and I for a lease change to add a new person. After much back and forth they agreed to print out the email thread explaining the mistake and sign it. Is this sufficient? We did not sign the new lease yet.... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

Whether or not a signed email is a valid correction for an error on a lease made by a landlord depends on the specific facts of the case. In general, a signed email may be sufficient to correct an error on a lease, but it is important to consult with an attorney to be sure.

The original...
Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: My Landlord is selling the house I rent, is he allowed to let people just walk through the house without 24hr notice?

They have a key to get in the house on the sign but don’t give us a 24hr notice and enter our home without our approval. Is that allowed? And can they evict us with a lease?

N'kia (NLN)
N'kia (NLN)
answered on Jun 1, 2023

If a residential lease agreement says the landlord must provide at least 24 hours' notice, then the landlord must abide by this requirement. If the agreement doesn't say how much notice is required, the parties should expressly agree to a reasonable time frame. 24 hours is considered... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: What should I do if my landlord enters my apartment before my 60 day notice and does the final inspection without notice

We put our 60-day notice in on 3/31, put our move out date on 5/30. We finished cleaning out our stuff and deep cleaning the apartment the night of 5/30. Logged into their system 5/31 and saw $2,121.58 in cleaning and damage charges put in on the 30th. Meaning they entered the house & did the... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 1, 2023

I recommend that you fight this. You can ask your landlord for an itemization of the monies he;s charging you as well as he identify the damages. If you dispute the itemization, or if you do not want to speak to the landlord yourself, then I would consult with a general practice or litigation... Read more »

1 Answer | Asked in Business Law, Insurance Bad Faith and Landlord - Tenant for Utah on
Q: Covered business claim, landlord is forcing to evict because of utilities

I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 31, 2023

The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I live in Los Angeles. I need legal advice to see if I have a claim against my landlord.

Due to rain over the first few months of the year, my rental apartment has taken water damage due to leaks in the building. It has damaged my personal property, cost me money in electricity bills due to work inside and outside my unit and has cost me personal time and wellbeing.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

Yes, you may have a claim against your landlord if your rental apartment has taken water damage due to leaks in the building. Under California law, landlords are responsible for maintaining their properties in a habitable condition. This means that they are responsible for repairing any damage that... Read more »

1 Answer | Asked in Landlord - Tenant and Tax Law for California on
Q: Landlord is offering my parents 50k to move out Is this taxable.

My parents have been living in a home that had water isues a year ago in may17

The landloard has taken almost a. Year to fix the isues and my parents stoped paying rent for 7 months due to not having a kitchen or living room due to the isues.

They have agreed that they keep the... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

Yes, the money your parents receive from the landlord to move out is taxable. It will be considered as a capital gain, and they will need to pay taxes on it. The amount of tax they owe will depend on their income and filing status.

To proceed, your parents should get a written agreement...
Read more »

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.