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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a apartment housing company withhold a package (muzzleloadig rifle, legal to ship to any home address). in florida

exact verbiage in housing agreement is as follows "Prohibitions. Firearms, weapons, explosives or illegal drugs of any kind are strictly prohibited anywhere on or about the

Property, including in individual apartments and bedroom spaces (except government-issued service weapons carried... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 26, 2022

You agreed to the firearms prohibition when you signed the Lease. Then, you had a weapon shipped to you. The fact that is legal to ship that item to any home address has nothing to do with the fact that the item is prohibited by contract anywhere on the premises, including your apartment.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I withhold rent from my landlord for failure to repair plumbing problems?

Kitchen plumbing has leaked and been clogged up since my move in date and landlord refuses to repair the problem.

Joseph Jaap
Joseph Jaap
answered on Sep 26, 2022

If a tenant withholds rent, the landlord can file an eviction. Try to work it out with the landlord to get repairs. If that doesn't work, then after giving written notice to landlord of the problem, you can start paying rent on time each month into escrow with your local court. Check the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I get out of a lease if the leasing office lied about smoke history?

We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a... Read more »

Steven Krieger
Steven Krieger
answered on Sep 24, 2022

It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a... Read more »

1 Answer | Asked in Foreclosure and Landlord - Tenant for California on
Q: we ne help fast we dont have much time we got a unlawful detianer and they sold our house wrongfull i lived here for 20

we did to know how to fill and appial and sueing the bank

James L. Arrasmith
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answered on Sep 24, 2022

I highly advise that you speak to a qualified attorney as soon as possible to preserve your rights.

1 Answer | Asked in Landlord - Tenant for California on
Q: My rent is due on the 7th of the month. I offered my rent payment at the rental office and it was refused. The one ans

One answer I received is that I have "too many accounts" but they are low amounts and very few commercial accounts.

James L. Arrasmith
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answered on Sep 24, 2022

A landlord must accept a "tender" of a rent payment. If you offered the rent payment on time, but the landlord refused it, then that is the landlord's problem. You cannot be evicted for nonpayment of rent if you can show that you timely tendered (that is, offered) the rent payment in full.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Q: After one year I raised my tenant’s rent the San Diego’s allowed 9% and continued with a month to month agreement.

It’s been 7 months after raising the rent and we’re on a month to month agreement. The tenant just informed me their girlfriend with her service dog has been living with them the last 3 months and would like to add them to the lease. Can I request to draw up a new lease with the new additional... Read more »

James L. Arrasmith
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answered on Sep 24, 2022

To play it safe, wait five more months until the 12-month period has elapsed so that you can raise the rent again.

1 Answer | Asked in Real Estate Law, Estate Planning and Landlord - Tenant for California on
Q: Can a verbal lease agreement stand for a non-spouse of 30 years after the partner dies?

A man made a verbal commitment to his non-martial spouse of 30 years to allow her to live in his home that is willed to his daughter until she dies, free of charge. The daughter verbally agreed to this agreement with her father, but is now reneging. She is requiring the surviving non-marital spouse... Read more »

James L. Arrasmith
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answered on Sep 24, 2022

A good theory of law that would likely apply is what is called "equitable estoppel."

"The venerable doctrine of equitable estoppel or estoppel in pais, which rests firmly upon a foundation of conscience and fair dealing, [fn. omitted] finds its classical statement in the...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We are renting a home for 3 years in Josephine County. My adult children live there full time and I am there part time.

I just received an email that states she plans to evict us if we do not giver her 30 days notice. There are some other very uncomfortable issues. Rent has always been paid on time. She did an inspection in May took some pictures and now is telling us to get out and not to repair the minor items... Read more »

Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

You don't say the basis she alleges for being able to evict you. IF you give her 30 days notice it will be enforceable against you and you cannot retract it without her permission. IF you do NOT give her 30 days notice, she likely cannot evict you (since you have been there more than a year)... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I get wage garnishments stopped can't afford the 500.00 they take a month

Got evicted 4 years ago balance owed 4000.00 2 years ago they garnished my wages for approximately 3000.00 I changed jobs then this year they garnishing husband's wages as of today they have been paid 3200.00 they say balance owed is 2500.00 more we can't afford the 500.00 a month they... Read more »

James L. Arrasmith
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answered on Sep 23, 2022

You may be able to file for bankruptcy to get your debts discharged.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Texas on
Q: My apartment has mold in the vents, and roof from water leaking, I've reported the issue many times now it's 6 wks later

Mold test kit, video, photos, emails and still nothing has been done to resolve this issue, do I have a case against the landlord of the apartment complex?

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I could only speak for the personal injury aspects of your question; a landlord-tenant attorney could advise on the tenant rights-related aspects. There are injury firms that handle mold cases. But nationwide in... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: The property was sold under land contract. I have lived here 11 years verbal agreement that I stay but now buyer renig .

Contract written in the state of Ohio, land is in Kentucky now the buyer wants me to vacate the premises but the seller said I could stay with the buyer sitting right there with them verbal agreement. Who has legal authority to affect me the buyer or the seller ? thank you

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 23, 2022

It seems you cannot enforce the verbal agreement.

Here are 3 reasons:

1) There was no consideration for the verbal agreement. In other words, you were promised the right to stay, but you did not say if you gave anything in return, which is also known as "consideration" or...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is it legal for a landlord to reply to a bad review from a tenant online by listing out all of the months of rent that

the tenant owes? “We have been trying to collect from Sierra since May due to her paying late on her rent. She has been accruing late fees and has been posted several times. We sent emails concerning past due account: 4/16, 5/5, 5/13, 5/17, 5/19, 5/21, 6/3, 7/8, 7/12, 7/21, 7/28. We have posted... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 22, 2022

You need to check with an attorney.

In short, anytime you post any type of factual comment you need to be aware that you could be subject to a defamation suit.

In addition, you need to walk through the late fee issue. During COVID a few significant bills passed regarding late fees...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: I went to court for an eviction but I want to know if I can appeal the decision?

I already went to court but I did not have a lawyer. I was under the assumption that the evictions laws were strict. But there are a few things I feel were over looked or I just don’t really know or understand the process

John Michael Frick
John Michael Frick
answered on Sep 20, 2022

Yes, you can appeal by filing a bond, making a cash deposit, or filing a Statement of Inability to Afford Payment of Court Costs with the justice court within 5 days after the judgment of eviction is signed.

The eviction will then be heard de novo by the court court on an expedited basis....
Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: How to properly evict a tenant who has lived on my property 10 years

I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.

Elaine Shay
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Elaine Shay
answered on Sep 20, 2022

In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord gave me a 3day pay or quit. Today is the last day. Can I get evicted even tho I have no place to go

I've been here since last year with my late husband. He passed away on June 27th of this year and now the land lord is stating that I am squatting and need to leave the premises by today. I have no place to go nor do I have a place to storage my belongings. I am unemployed, husband was... Read more »

James L. Arrasmith
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answered on Sep 20, 2022

Yes, you can be evicted even if you have no place to go. That said, at the eviction trial, you can ask the judge to stay your eviction due to your economic situation, and the judge has the authority to grant an additional of up to 40 days for you to stay in the premises while you find alternative... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: If an agreement within a lease contradicts a right written in state law, which document declaration takes priority?

In other words, must you obey the state law above all else? Or must you obey what you signed and agreed to in a lease above all else?

James L. Arrasmith
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answered on Sep 20, 2022

The written law takes priority. The lease provision that contradicts state law is considered invalid and unenforceable due to it being violative of public policy.

1 Answer | Asked in Landlord - Tenant for California on
Q: Tenant is complaining about odor. I think it was odor from her clothes. What should I do?
James L. Arrasmith
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answered on Sep 20, 2022

As a landlord, you have a duty to maintain a habitable premiss. However, if the conditions of the premises are caused by the tenant, you can warn them that they are failing to fulfill the covenants of the premises--chiefly, to maintain a clean living space for themselves. If the odor is caused by... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord provided a false denial letter supposedly from the relief program in order to be allowed to file an eviction

My landlord provided a false denial letter supposedly from the relief program in order to be allowed to file an eviction on me. Although He is now Evicting only for non payment of rent due after protections were over in March 2022. So from April to current. Even though I was protected since way... Read more »

James L. Arrasmith
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answered on Sep 20, 2022

If you can prove that the document was forged, you should be able to disqualify the landlord as a witness and attack his credibility.

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