Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
My apartment complex is telling me that I can not have someone spend the night for more than 3 days a month. But, this is not what the lease says.
It states : “ Other than residents and authorized occupants, no one else may occupy the apartment. Guests are not permitted to stay in the... View More 
answered on Mar 5, 2023
As I read your post, the complex is right. The lease apparently reads "Guests are not permitted to stay in the apartment for more than (3) consecutive days without [their] prior written consent." Is the problem the fact that the "(3)" isn't really filled in?
If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?
answered on Mar 4, 2023
Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More
This is a short term lease for 3 months.
answered on Mar 2, 2023
Sure, obviously you can breach any contract if you want to be exposed to liability for doing so. If you have a meaningful question, please phrase it in a way that makes sense.
I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... View More
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answered on Mar 2, 2023
Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... View More
This took place in pinelles county Florida. Locks were changed after the court ordered us to vacate the home but prior to being processed by the county sheriff resulting in the final judgement being “cancelled”
answered on Feb 24, 2023
Yes. The FILING of the eviction complaint is what causes issues for renters, not the outcome of the case. The filing creates the record in the clerk records, and that is permanent. The records are public records, so anyone can look up the filing. They may not be able to see the actual documents,... View More
13 month lease states that either party must give 60 days notice of non-renewal. I was given notice today 31 days away from the end of lease that I need to move out on the last day. The lease states it automatically goes month to month. What are my options? 31 days is not enough time to for me to... View More
answered on Feb 8, 2023
Yes, you should immediately remind them of the 60-day language of the lease.
I have a loud upstairs apartment neighbor for that I have filed complaints about due to excessive running, slamming, and pounding. I have been asked to have someone come out and hear it but either no one has come out or the noises don't last long enough. I have written records but still would... View More
answered on Feb 3, 2023
Can you record the noise as heard in your apartment? Of course.
I have four boys one of them is autistic and we have nowhere to go but live in our car
answered on Feb 1, 2023
The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.
While you situation is serious and heartbreaking, the fact that your son is... View More
A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... View More
answered on Feb 1, 2023
A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... View More
If my Landlord terminates my lease because of a lease violation ( though I do have proof that the accusation is false) will it hurt my credit? At this point I’m sick of my landlord and their management company and I want to get out.
answered on Jan 31, 2023
It depends on the terms of the lease and the circumstances surrounding as to why you may want to terminate. Most standardized leases have an option that they can collect and attempt to recover damages as a result of the breach of the lease contract. However, it is possible that there are defenses... View More
What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... View More
answered on Jan 30, 2023
If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.
There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... View More
answered on Jan 26, 2023
Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.
answered on Jan 16, 2023
I dont know whether it's legal, but it's extremely inappropriate and if I were applying to rent and the prospective landlord asked me for my bank's user name and password, I'd immediately terminate the application and tell the landlord to take a long walk on a short pier.
The trust is irrevocable. The beneficiaries are the deceased daughters. New deed has not been issued yet.
answered on Jan 13, 2023
Yes, assuming that the trust doesn't provide otherwise. It would be up to the trustee.
answered on Jan 13, 2023
Check the governing documents of your association. Presumably it was organized as a Florida corporation. Normally the laws provide for members calling for a meeting. And to my knowledge there was no emergency rule suspending the laws regarding such meetings; in any event it could have been done... View More
Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a... View More
answered on Jan 2, 2023
That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to... View More
I need to move back to Ohio and need to know more about braking a lease
answered on Jan 1, 2023
Yes, if you break your lease, it will probably appear in your credit report and Ohio landlords, if they order a credit report, might not rent to you because of it.
take further action. Date has passed for tenant to pay up. Do I now have to give tenant a 15 day notice to end month to month tenancy? I am located in palm beach county.
answered on Dec 26, 2022
Cease work. You have no real idea what you are doing, and you are liable to make an error which will cost you.
You don't send a 7 day notice when the tenant refuses to pay, you send a 3 day letter, properly delivered and which conforms to the statute.
Many counties, Palm Beach... View More
Was durning an eviction, but landlord had agreed to given us more time to move the day before , in front of another officer.
answered on Dec 20, 2022
"It was during an eviction" - this means that the sheriff was there to execute the writ of possession. What happened the day before is anyone's guess, but once the writ of possession is posted, the sheriff is going to come out on their schedule. The answer to your question is yes -... View More
I'm in my 60's with compromised health and due to Covid concerns,am fearful of having a bunch of realtors and strangers coming through my home as I'm afraid of catching Covid. I don't want to show the place as masks are not enforced here.In addition I rented this place furnished... View More
answered on Dec 20, 2022
Generally, you have to cooperate with your owner because its her property. Your lease may give specifics. The key is reasonableness. Even if its sold, the new owner takes subject to your lease; your lease doesn't end with the sale. However, if the new owner chooses to not offer you a new... View More
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