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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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