Joseph Jaap's answer There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.
Leonard R. Boyer's answer You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.
Gregory L Abbott's answer It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the choice to become month to month. So one needs to look at your lease wording critically and carefully. Normally a landlord is not required to offer you a month to month option so any right you might...
Stuart Gregory Steingraber's answer Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.
Joseph Kelly Levasseur's answer You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.
Answered on Dec 12, 2018
Wesley Winsor's answer Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.
I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would make a place eventually uninhabitable and would certainly disturb your peace and enjoyment of the property with smells and clutter of undisposed garbage.
Timothy Denison's answer Establish that there is mold in the house and that is the cause of your sickness. Put them on notice of it by sending a letter and demanding it be corrected. If not corrected, you can void the lease and move.
Mr. James Charles Wright's answer The lease terms will control whether either party can terminate early and under what conditions. In the absence of language in the lease, without the agreement of the other party you cannot terminate the lease early.
Leonard R. Boyer's answer You need to retain a landlord-tenant attorney for constructive eviction. This is not easily proven, but it does seem like you have a good chance of establishing that. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Brent T. Geers' answer What do you mean by land patent? If the father owned the land (e.g. his name is on the deed), and the son is now enforcing that contract as personal representative of the estate, I see no reason why they cannot foreclosure.
Erik Luthens' answer If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.
Brent T. Geers' answer It comes down to what your lease says. The law does not provide for any sort of grace period. And many leases contain a provision that if you are late paying a certain number of months, it's a violation in itself. As to whether you will actually need to pay the $20 / day late fee. Some judges have a pretty firm opinion on what he or she believes to be a reasonable late fee, and ultimately that will factor in to what any money judgment may be against you. But generally late is late.
Cary B. Hall's answer The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?
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.