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Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant, Collections and Real Estate Law for Illinois on
Q: Can I arrange wage garnishment without court judgment for unpaid rent in Illinois?

I am being taken to court by my previous landlord for unpaid rent. We had an agreement that is now null and void, and I don't recall any specific terms in the lease regarding this situation. My landlord has previously expressed a preference for resolving matters personally rather than going to... View More

0 Answers | Asked in Landlord - Tenant, Family Law and Real Estate Law for Arizona on
Q: How can I make my ex-boyfriend leave my home in Arizona?

I own a home where I currently live. My ex-boyfriend, who used to contribute to some bills, continues to live in my home without any formal agreement or legal right to stay. I've asked him to leave, but he hasn't moved out. I'm looking for advice on how to make him leave without... View More

0 Answers | Asked in Landlord - Tenant, Personal Injury, Consumer Law and Real Estate Law for New York on
Q: Landlord didn't disclose lead paint, child affected, options?

I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?

0 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for New Jersey on
Q: Can I legally remove my adult stepdaughter from my house in NJ?

I have allowed my adult stepdaughter to live in my house for over two years, but she is now an unwelcome guest. There is no lease or rental agreement between us, and I am the sole owner of the property. Her mother, my spouse, agrees with her removal. During her stay, my stepdaughter, along with her... View More

1 Answer | Asked in Landlord - Tenant, Family Law and Real Estate Law for Missouri on
Q: Can my unemployed partner be evicted if not on the lease in MO?

I am the leaseholder, and my unemployed partner, who is not listed on the lease, has been living with me and receives his mail at this address because he has nowhere else to go. He has not contributed to rent or expenses for the past 4-5 months. We have a child together, and the landlord is aware... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 30, 2025

Yes. The landlord may give proper notice then sue for unlawful detainer.

0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Jersey on
Q: Do I need to return my roommate's half of the deposit if they leave?

I share an apartment with a roommate in Newark, NJ, and we both signed the lease agreement and contributed equally to the deposit. Now my roommate is leaving, and there is no written agreement between us about the division of the deposit. Our landlord mentioned that I would need to return my... View More

0 Answers | Asked in Landlord - Tenant, Consumer Law, Contracts and Real Estate Law for West Virginia on
Q: Is changing agreed apartment unit without consent considered fraud?

I'm dealing with an issue involving an apartment complex. They initially emailed me a brochure with a specific unit number, which I expressed interest in and received confirmation of its location. I also called to confirm its availability and was told it was still available, prompting me to... View More

0 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Florida on
Q: Can my friend avoid eviction by notifying landlord of move out?

My friend is facing an eviction hearing in Puerto Rico on Monday after moving out of his apartment. He paid rent in cash but can't prove it, and he wants to avoid an eviction record. The landlord unlawfully shut off his electricity in retaliation, and due to the issues with the electricity and... View More

0 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for California on
Q: Can I access a jointly-owned house for maintenance per divorce agreement?

In a divorce settlement agreement, my ex was granted the right to live in our jointly-owned house for the next 5 years. There is no specific language preventing me from entering the house for maintenance. Can I legally access the property for maintenance purposes? Additionally, since the house is... View More

2 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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2 Answers | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law and Real Estate Law for Minnesota on
Q: What legal steps to take if facing eviction by HUD under federal discrimination investigation?

I am currently facing eviction from my residence in Hennepin County, MN, by a local HUD office. This is happening while they are under federal investigation for discrimination against me due to my mental illness. What legal steps should I take in response to this eviction notice?

Anthony M. Avery
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answered on Mar 29, 2025

Hire a MI lawyer to defend you from losing possession. State law controls in suing for possession of real property. The security instrument gives HUD the standing and right to sue for possession.

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2 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for California on
Q: Can my landlord charge a lockout fee not in the lease in Los Angeles?

I am a tenant in Los Angeles, and my landlord has posted signs around the building that lockout fees will be charged, even if a locksmith is not needed. This fee was not mentioned in the lease agreement when I signed it. Is it legal for my landlord to impose such a fee?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 28, 2025

If a landlord wants to change a lease term, written notice is required in most cases. However, as you state, nothing is stated in the lease regarding such a charge. Since a landlord is not required to let a tenant in, there is nothing keeping them from charging for such a service. If you get locked... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Notice period for rent increase; pros/cons of lease renewal vs. month-to-month in CA?

I am a tenant in San Rafael, CA, and have lived in my unit for 2 years. After my initial lease, I signed a 1-year extension without a rent increase. My landlord is now raising the rent by 2.4% and asking for another 1-year lease renewal. However, I was given notice of this rent increase and lease... View More

James L. Arrasmith
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answered on Mar 28, 2025

For your rent increase in San Rafael, California law requires your landlord to provide a 30-day written notice for increases under 10% (which your 2.4% increase falls under). For rent increases under 10%, landlords must provide tenants with at least a 30-day written notice in writing that includes... View More

1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for Texas on
Q: Are the apartment complex and debt collector liable for a reporting error that impacted my credit?

I paid the full amount owed to my apartment complex promptly after moving out. Eight months later, I discovered they mistakenly reported my account to a debt collector and the three credit bureaus. Both the debt collector and the apartment manager confirmed verbally and through email that it was an... View More

Matthew McKenna
Matthew McKenna
answered on Mar 29, 2025

I would make sure to dispute it directly with the credit bureaus as well. I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to discuss potential liability. It's tough to say at this point but happy to answer other questions.

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for South Carolina on
Q: How to address condo damage from upstairs leak in SC?

I live in a condo in South Carolina, and a water heater and dishwasher leak from the upstairs condo caused damage to mine. It has been deemed the fault of the upstairs condo owner, but I am unable to obtain their insurance information. What steps should I take to file a claim or address this... View More

0 Answers | Asked in Landlord - Tenant, Employment Law and Real Estate Law for Michigan on
Q: How can mental health-related past behavior affect future rental applications and what steps can be taken to improve chances?

I am seeking advice for my sister, who has previously had incidents involving setting a dumpster on fire twice due to mental health issues, for which she wasn't prosecuted. She is now stable and on medication. She is concerned about how this past behavior may affect her future rental... View More

0 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Tennessee on
Q: Tenant incarcerated, behind on rent, property's caboose full of assets. How to proceed?

I had a tenant who occupied a caboose on my property for his electronics workshop under a verbal month-to-month lease. He is now incarcerated for several felonies and is behind on rent, with utilities cut off two weeks ago. I have been in contact with his wife and daughter, but have received no... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for California on
Q: Is a 30-day notice required in California for tenants?

My roommate provided me with a notice of only 3 days to vacate by 01/01/2025. Although we signed a written lease agreement for 6 months, it does not specify the need for a 30-day notice. I understand that according to California laws, a 30-day notice is necessary once someone has resided at the... View More

James L. Arrasmith
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answered on Mar 28, 2025

In California, if you've lived in a rental property for less than a year, landlords must provide at least 30 days' written notice to terminate a tenancy. If you've been there longer than a year, they must give 60 days' notice. Your roommate's 3-day notice is insufficient... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Insurance Defense and Real Estate Law for California on
Q: Can a landlord in CA require renter's insurance and use the policy for building repairs?

I am located in California, and my lease mentions renter's insurance, but I didn't pay much attention to it at the time. I recently discovered that my landlord has taken out renter's insurance in my name, pays the monthly premium, and charges me for it. However, I've also found... View More

James L. Arrasmith
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answered on Mar 28, 2025

In California, landlords are legally permitted to require tenants to obtain and maintain renter's insurance while under the terms of the lease. Unlike some other states, California landlords are allowed to require tenants to obtain and maintain renters insurance while they are under the terms... View More

0 Answers | Asked in Landlord - Tenant, Appeals / Appellate Law and Real Estate Law for Texas on
Q: Can I request a jury trial for an eviction appeal in Texas county court?

I lost in a jury trial in Justice Court JP3 in Texas over alleged non-payment of rent, despite presenting evidence of timely rent payment. The initial eviction was filed without a notice to vacate in retaliation for my repair and remedy case, which was dismissed. Subsequently, a second eviction was... View More

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