Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: Who is responsible for rent when the rent money is stolen?

1 Answer | Asked in Landlord - Tenant for California on Jul 31, 2015

Answered on Aug 3, 2015

Follow Question


Andy Chen's answer
Ultimately, it is you. If the landlord doesn't get his rent, then he'll evict all of you. If you indeed can't prove that the girlfriend stole the rent, then you're basically stuck and it'll be your word against hers. It is your burden of proof so you'll lose if the evidence is equal.

I assume you left the rent in cash. Paying rent by check is much better as it reduces the chance of this problem.

Andy

Answer this Question View More »

Q: 2nd eviction in 12 months. Landlord accepted partial payment does eviction process stop?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 12, 2015

Answered on Aug 3, 2015

Follow Question


Julie A. Rice's answer
If you didn't pay the full balance, then your belongings will be removed by the sheriff and put on the street per a Writ of Possession.

Answer this Question View More »

Q: My lease states that it can't be broken but also states a 60 day notice is required. Could I lose my deposit?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 13, 2015

Answered on Aug 3, 2015

Follow Question


Julie A. Rice's answer
If you don't give the proper notice in the proper form as stated in the lease, then, yes, you could lose your damage deposit for early termination.

Answer this Question View More »

Q: i live in a house owned by parents but i pay the bills can they tell who i can have over

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 13, 2015

Answered on Aug 3, 2015

Follow Question


Julie A. Rice's answer
How old are you? This is a family issue, not a legal issue.

Answer this Question View More »

Q: Can the apartment complex I moved out of recently charge me for all of this?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 14, 2015

Answered on Aug 3, 2015

Follow Question


Julie A. Rice's answer
Sounds like you damaged the property beyond wear and tear and now you are going to pay for it. If you want to fight it, then file in Magistrate Court but if you lose you'll pay their attys. fees, costs of litigation, and any other damages that they may discover. You have to do the cost/benefit analysis on this one.

Answer this Question View More »

Q: My landlord has withheld my security deposit and charged me to replace the carpet after I moved out.

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 15, 2015

Answered on Aug 2, 2015

Follow Question


Julie A. Rice's answer
Where did you get the information that normal wear and tear is illegal? Not so. Google the Georgia Landlord Tenant Handbook and read it. The landlord CAN'T charge you for normal wear and tear, but can charge you if it is more than normal wear and tear. I think you just asked the question wrong.

Answer this Question View More »

Q: I signed a 6 month lease with a roommate. The 6 months is up and she has not paid a dime towards rent or utilities.

1 Answer | Asked in Landlord - Tenant for Arizona on Jul 20, 2015

Answered on Aug 1, 2015

Follow Question


Adam Studnicki's answer
Here's a link to some information from the Arizona Attorney General's office that may be useful: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

Talk to a local real estate or landlord-tenant lawyer to assist you with the process.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and...

Answer this Question View More »

Q: How long do i have after recieving a summons OS forcible entry and detener of second cause to get put out

1 Answer | Asked in Landlord - Tenant for Ohio on Aug 1, 2015

Answered on Aug 1, 2015

Follow Question


Matthew Williams' answer
If you got a summons for the second cause, it is likely you've already been evicted. Check with the court because a deputy may be showing up any day now to put you out. Physical possession of the property is the first cause of action in an eviction. The second cause is to settle the money issues.

Answer this Question View More »

Q: My boyfriend is not on my lease agreement and I want him out can I just put him out?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 17, 2015

Answered on Aug 1, 2015

Follow Question


Julie A. Rice's answer
He's a room-mate now probably. See the Georgia Landlord Tenant Handbook that you can google on more information on how to evict a room-mate.

Answer this Question View More »

Q: My landlord filed eviction what happens if I don't go to court?

1 Answer | Asked in Landlord - Tenant for Florida on Jul 31, 2015

Answered on Aug 1, 2015

Follow Question


Robert Jason De Groot's answer
The landlord gets a writ of possession, and then the sheriff serves it on you, and then you have 24 hours to leave with all of your things.

Answer this Question View More »

Q: As the landowner what is the procedure to ask for earnest money when tenant is default on his lease application? We hav

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 19, 2015

Answered on Aug 1, 2015

Follow Question


Julie A. Rice's answer
First, if you have property manager that you pay, then they should be taking care of this. Second, if the tenant can't even get the lease application right then move on or you are going to have more problems. There are plenty of qualified tenants out there. The standard is to get one month's earnest money and first and last months rent before they can move in.

Answer this Question View More »

Q: Our renter has a month to month rental agreement with us, they have not paid rent this month. Can I evict them?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 20, 2015

Answered on Aug 1, 2015

Follow Question


Julie A. Rice's answer
Give them written notice (first class mail and certified mail - return receipt requested) that they must pay rent in 7 days or you will start evicting proceedings, then file in the magistrate court. The mag. ct. will give you a court date for a hearing and if you win (and you most likely will unless they have a legal reason not to pay rent like the place in uninhabitable) then the court will issue a writ of possession and once you have court the writ will be issued and they are out on the...

Answer this Question View More »

Q: Once we provide a more than sufficient 30 day notice to landlord can they counter and say well no I want you out sooner?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 20, 2015

Answered on Aug 1, 2015

Follow Question


Julie A. Rice's answer
The lease governs. Sorry he wants you out you out early, but that wasn't the deal. You can counter to him (I wouldn't but you could) that he if he'll pay all your storage fees for your things and your housing for those 8 days in cash that you will leave early but the payment have to be upfront. I am really just saying this for illustrative purposes. He might want you out early b/c of the time of the month (the 1st/15th/end of month, etc.) as that is an easier time to get tenants in and he...

Answer this Question View More »

Q: Should a bad eviction notice be honored.

1 Answer | Asked in Landlord - Tenant for Arizona on Jul 30, 2015

Answered on Jul 30, 2015

Follow Question


Adam Studnicki's answer
More information is needed to answer. Generally speaking, eviction notices should follow legal guidelines. Talk to a landlord-tenant lawyer.

Answer this Question View More »

Q: I recently had my catalytic converter stolen from my car while it was parked in a well lit area of my gated community.

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 28, 2015

Answered on Jul 30, 2015

Follow Question


Julie A. Rice's answer
You can talk to the landlord and explain that the property has become uninhabitable b/c of the crime. To read more, see the Georgia Landlord Tenant Handbook and you can google it. If your landlord won't agree, then take the landlord to magistrate court and ask to be out of the lease. Pay rent until the court decides.

Answer this Question View More »

Q: Can my landlord call my father, who is not on the lease and tell him everything that is going on with me

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 29, 2015

Answered on Jul 30, 2015

Follow Question


Julie A. Rice's answer
This could likely be perceived as an invasion of privacy. The landlord may be doing this out of concern or is worried that you are damaging property, having people at the property that are causing trouble, etc. Be lucky that she is only calling your father if she is concerned about you b/c her next call is most likely going to be the police so find out what is bothering her and fix it unless you want more trouble.

Answer this Question View More »

Q: Can a landlord hold your security deposit if you gave more than 30days notice that you would not be moving in?

1 Answer | Asked in Landlord - Tenant for Ohio on Jul 29, 2015

Answered on Jul 29, 2015

Follow Question


Matthew Williams' answer
That would depend upon the terms of your lease agreement. Sometimes the security deposit is non-refundable.

Answer this Question View More »

Q: Person who signed lease as lessor is not the owner, a corporation is. Any legal recourse?

1 Answer | Asked in Landlord - Tenant for Florida on Jul 28, 2015

Answered on Jul 29, 2015

Follow Question


Robert Jason De Groot's answer
I would have to actually see the agreement in order to answer your initial question. You have already done what you can do to ensure that you get the deposit back.

Answer this Question View More »

Q: Can a landlord collect double rent on the same property?

1 Answer | Asked in Landlord - Tenant for Georgia on Jul 27, 2015

Answered on Jul 29, 2015

Follow Question


Julie A. Rice's answer
If the lease didn't expire until 9/30/2015, then, technically, the landlord can collect from you until 9/30/2015. You are only talking about some days and if you try and take her to court no doubt she will say you terminated the lease early and see incurred fees in securing new tenants. Consider yourself lucky and let this sleeping dog lay.

Answer this Question View More »