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Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can my ex roommate sue me?

my roommate wants to take me to court for rent. So as far as i know when you pay rent it's for the upcoming month right? Well i paid at the end of June which means i paid to stay in the apartment in July. And in August i moved out and got my name off the lease. I did let them know in the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

Generally you would pay for the upcoming month, yes. Obviously every contract can be different though, so it would depend on when you originally paid and what the deal was. What does the tenant agreement say? When does the specific month-to-month start/stop? (oftentimes it's the first of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: When is it possible to get out of or dissolve a signed contract?

I only lived in an apartment for 1 day before deciding to move out. I signed the contract regarding security deposits but I think it's unfair that I don't get at least a portion of it back because I lived there for such a short amount. Additionally, the house owner breached verbal... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

If you signed the lease for the month and there was no official foul play, then you are committed to paying for the month, regardless of how long you decided to live in the apartment. The landlord has committed that month and has no duty to replace your monthly contract.

In regards to...
Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: How do I evict someone who isn’t on my lease or doesn’t pay rent

She is blackmailing me and threatening too

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

She is your sub-tenant. Check your lease to see if you need permission for a subtenant. How to evict her? Start with a notice of termination of tenancy- 60 day notice, and serve her a 3 day notice to pay rent or quit. If she does not pay the rent, you can file a UD action against her in the local... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Gov & Administrative Law and Landlord - Tenant for California on
Q: What to do If my old landlord violates/breach of court orderd contract from his obligations to give me good reference

I have multiple recorded violations/breach of contract from x-landlord.I obtain them from homeowners/property managers who were considering me for tendency but was turned down because of my x landlords malicious/false bad referrals which he was court ordered not to give. I'm homeless/living in... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

There's several pieces to this. First off, you mention that he was "court-ordered not to give", which would imply there's already been a case and judgment on him in regards to his recorded breaches prior to you moving out? If so, then the discussion would be on your issue... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I am a tenant and have been without water for 8 nights. What do I do?

I am currently a tenant. My water tank pump was taken out on Thursday Sep. 9th to be fixed. I was told it would only take a few hours or a day. It has now been a full week and my landlord has no idea when it will be fixed. Landlord gave me 3 hour notice of water being turned off. Gave me two... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Your landlord is not providing you with a "habitable" premises when you are denied running water. Civil Code §§ 1941 et. seq. and this effects your obligation to pay rent. You are entitled to discounted rent. You may also be entitled under your rental agreement to the hotel, since you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: The apartment complex we just moved from has not returned our security deposit.

We have gotten the itemized list where we were told we’d be getting $1549 back. They sent the check then they voided it right before it arrived because “the wrong amount was sent”. When we got the check in the mail it was for the correct amount. We were told the new check would be delivered... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Under Civil Code §1950.5(l), you can obtain up to twice the amount of the security deposit your LL withholds from you in bad faith. File a small claims action, gather all your evidence, make copies and a summary of events/damages to prepare for trial. If you are not sure about how much to ask... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My ex-landlord won’t return my 4200$ security deposit (after 17 years tenant) He won’t respond to my texts!!

He originally began telling me his claims on the phone- I had to hang up because it was such obvious bs and a complete betrayal

He just decided that he’s got it and won’t return it

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Small claims is the place for you. The LL has to provide you with an itemized accounting of deductions against your deposit within 21 days after you vacate. If you dispute it you can file in Small Claims. If he is wrongfully withholding the deposit, you may be able to collect a penalty on the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: The owner of my house converted my garage into a studio for herself, can i with hold rent for her doing this? She also

is tapping into my electric and water. Do i have to pay her rent?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Wow, there is so much wrong with this that I have a hard time figuring where to begin. The owner cannot just take back property that is part of your rental and live in it herself. Nor can she steal your electricity and water. What is this owner thinking? Before you do anything , take lots of... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I moved out for a repair because of water/mold damage. Upon moving back do I have the right to be back to my old lease?

Hello, I’ve lived in an apartment for 18 months went on a vacation for a month, when I came back home I found out the ceiling where the AC collapsed and there was water and mold damage all around.

I told the landlord, I moved to temporary apt while they be working to fix the damage.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Your rights are stated in your lease. Most form rental agreements or leases have provisions about leaving during temporary repairs. You should ask to see the new lease to be sure that it is the same as the old lease and that you get an extension credit for the time you were out of the property due... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can someone get evicted if there is no rental agreement

My mother passed away and my brother to over the house now he wants to kick me out. But my said I was never to be kick out on the streets

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Unable to determine your status if Mom passed away and you say your brother "took over" the house. Did mom leave a Will stating you were entitled to live there? If no Will, then you and your brother may be equal partners in this house. You need to speak with a local attorney that... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord sue me for abandoned property

My landlord of 14 years just gave me 30 days to move. I don't have time to find a place move and clean everything out. Can he sue me if I leave a bunch of stuff their that I don't want. I don't care about forfeiting my security deposit.

Barry W. Kaufman
Barry W. Kaufman answered on Sep 21, 2021

No, although he may have a claim against your deposit for cleaning and trash removal.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord isn't doing repairs.

I notified my landlord 2 weeks ago that my air conditioner wasn't working right. I was told it would be fixed by the 21st. It still hasn't been. Can I buy a new one (in wall unit) and have it installed and deduct the entire cost from my rent?

Julie Fowler
Julie Fowler answered on Sep 21, 2021

Probably not.

The Legal Aid Landlord Tenant Handbook is a good resource to review for some basic info before speaking with an attorney about your specific situation.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Private house Section 8

I would like to know If I should hire a lawyer.

I am on Section 8 and I live in a private house. The house I live in was sold, the new owner has been harassing, intimidating me and now he says he wants to evict me because I complained to the city. I have a year lease that was put in place... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 21, 2021

Call 311 and report these violations. The City will be on this immediately.

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Utah on
Q: What kind of lawyer do I need to look for? Where do I start with everything in general? How can this all happen?

evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I make a neighbor who is a landlord to evict his tenants if they smoke and their smoke come in my unit

He has been notified multiple times but doesn’t respond to my messages

F. Paul Maloof
F. Paul Maloof answered on Sep 21, 2021

A neighbor has no right to force another neighbor who is a landlord to evict a tenant for smoking on the premises. You may have a right to report the nuisance to the Condominium Board and complain or to the Property Manager for recourse.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: A landlord can terminate a rental lease that has just started and put the house for sell?
F. Paul Maloof
F. Paul Maloof answered on Sep 20, 2021

The terms of the residential lease will determine when and how a landlord can terminate the residential lease. This is a contract law question. On the second question, the landlord has the right to place the premises on the real estate market for sale, but the new owner will be required to take... Read more »

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1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental paymen

I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental payments in excess of $45,000. I was never aware that I was a co-signer and thought I was just listed on the lease as being an occupant since I only stayed there a few weeks a month to... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

Hi:

I am a parent also.

So if you never signed anything at all, then you can probably get out of this mess. If you did sign, you need to defend yourself if the lawsuit has been filed. If you get served with sue-papers, do not ignore them. Get to a lawyer, and defend yourself....
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is Florida still in a Covid state of emergency that requires landlords not to increase rent upon lease renewal?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 20, 2021

I've never heard that, but no. Florida is not in state of Covid emergency. The landlord can raise the rent at renewal time, and you are free to move someplace else.

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