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Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Colorado on
Q: Trying to find an explanation as to how tenancy is changed from yearly to month to month while not moving in and out?

Logic would dictate that the longer you've occupied the same space the longer you'd need to move.

Michael Joseph Larranaga
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answered on Sep 22, 2023

The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: My boyfriend has been living with me in my sro for 6+ can the staff here stop him from coming in? If he dose not sign in

The lease dose not mention anything about having a roommate or subletting.

They have been harassing and threatening us for the past 2 + months

My boyfriend has a key has been getting mail here and has lived here with me the exact time as me. He moved in when I did

James L. Arrasmith
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answered on Sep 21, 2023

If the lease does not prohibit having a roommate or subletting, and there are no other relevant rules or regulations pertaining to your SRO, then the staff generally should not interfere with your boyfriend's right to live with you. Harassment and threats from the staff could potentially... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Hi. My landlord gave me a 24-hour notice to enter my unit. Do I have to accept the day/time they suggested?

Hi. My landlord gave me a 24-hour notice to enter my unit. They want to enter any time between 9am-5pm and want me to be present. I do not have any issues with them coming to inspect something, but I have work commitments and cannot be home for a whole day just for them to come inspect something... View More

James L. Arrasmith
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answered on Sep 21, 2023

1. Under California law, a landlord must provide reasonable notice (usually 24 hours) before entering a tenant's unit. If the proposed time is inconvenient for you due to work or other commitments, you can request a different time or a narrower time window that is mutually agreeable.... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: My landlord did not get with me for a walk through! He presented no list of damages! He’s moved a couple in! Now I got s

Landlord gave no list of damage ! New couple has moved in and now he’s suing me! And he lost on rent pay and is trying to get it again

T. Augustus Claus
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answered on Sep 21, 2023

In Georgia, landlords are typically required to return the security deposit or provide an itemized list of damages within one month after the tenant moves out. If your landlord did not conduct a walk-through or provide a list of damages, but has already moved a new couple into the property and is... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apt mgr make you pay new rent increase BEFORE you lease is up? New rent 11/1/23. My lease expires 12/31/23.

Palm Port Apts in North Port, FL. Everyone is having the same confusing issue.

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Only if the lease says the landlord can do it. Ask the manager which lease provision permits rental increase during the lease term. If not permitted under the lease, you may want to hire an attorney to send a letter, or if you cannot afford that because you're indigent, contact your local... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a 60 day notice be given at the time of 120 day notice of intent to sell?

No intent to sell notice was given and house was listed for sale

James L. Arrasmith
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answered on Sep 20, 2023

Under California law, a 60-day notice to terminate a tenancy can indeed be given concurrently with a 120-day notice of intent to sell. However, whether this is permissible in a specific case can depend on various factors including the terms of the lease agreement and the specific circumstances... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can Brooklyn landlord accept prorated rent, but say they are keeping it as a fee and tell me to move by the 30th?

I am renting in Brooklyn in a long-term Airbnb. I pay the leaseholder directly. I told her I was moving, but paid for 5 days for the following month because I plan to move on the 1st or 2nd. We don't have a written agreement, but she said that I have to move on the 30th. I said that's... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 20, 2023

Dear Brooklyn Tenant:

It is hard to say which side is right because you and the tenant acted outside the law as presently consituted. A long-term Airbnb is indistiguishable from a sublease since Airbnb is ordinarily a short-term rental (that is under thirty days) and, in most instances is...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for California on
Q: Our rental house is infested with fleas causing illness
James L. Arrasmith
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answered on Sep 19, 2023

You should immediately inform your landlord of the flea infestation in writing and request that they take prompt action to address the issue. Under California law, landlords are generally responsible for maintaining habitable living conditions, and this includes addressing pest infestations. If the... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: I signed a holding agreement for an apartment I got approved. The landlord is breaking this agreement, is this illegal?

On my application, I disclosed that I have a 45 lb dog. My application was approved and I even paid and signed a holding agreement. Now I'm being told that my dog cannot move in.

Ryan Hamilton Zehl
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answered on Sep 19, 2023

By "holding agreement," you are referring to something different than an actual lease, I assume. Even then, if you provided consideration, which could simply be a promise to pay rent and sign a lease, the holding agreement should be enforceable. And because you disclosed your dog, the... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: I signed a holding agreement for an apartment I got approved. The landlord is breaking this agreement, is this illegal?

On my application, I disclosed that I have a 45 lb dog. My application was approved and I even paid and signed a holding agreement. Now I'm being told that my dog cannot move in.

James L. Arrasmith
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answered on Sep 20, 2023

In California, if you disclosed your dog on your application and your application was approved, the landlord may be bound by the terms of the holding agreement. Changing the terms after you've signed it without your agreement could potentially be a breach of contract. Consult with an attorney... View More

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1 Answer | Asked in Criminal Law, Real Estate Law, Identity Theft and Landlord - Tenant for California on
Q: How did my sister sell my mobilehome without my permission in california.

My sister was a roommate while I've been away for two years because the police were looking for me. The question is is there a legal reasons she or the mobilehome park management could have made this possible??????

James L. Arrasmith
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answered on Sep 19, 2023

In California, selling a mobile home without the owner's permission can potentially involve unlawful actions such as fraud or misrepresentation. If you believe your sister or the mobile home park management engaged in such activities, you may want to consult an attorney to investigate and... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Washington on
Q: is it illegal for my roommates to go into my room while i’m at work and pack my stuff up to move their stuff in ?
T. Augustus Claus
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answered on Sep 19, 2023

If your roommates enter your room without your permission and handle your belongings, they might be infringing on several legal principles. Firstly, every individual has a recognized right to privacy. This extends to shared living spaces, where each resident typically has an expectation of privacy... View More

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1 Answer | Asked in Landlord - Tenant for Washington on
Q: Can I terminate my lease for failure to repair things in my apartment, it's been 3 months since I first put in requests.
T. Augustus Claus
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answered on Sep 19, 2023

In Washington state, landlords are legally obligated to ensure that rental properties are habitable and safe. If your landlord has not addressed essential repairs, especially those affecting health and safety, after being notified, you might have grounds for legal action or remedies. These can... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: Can a landlord contract out (eg lease says 60 days) of the NYC law to return a security deposit in 14 days?
T. Augustus Claus
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answered on Sep 19, 2023

In New York, state law mandates that a landlord must return a security deposit within 14 days after the tenant has vacated the property. Even if a lease agreement states a different duration, such as 60 days, provisions that attempt to waive or diminish a tenant's rights under the law are... View More

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1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: i been living in a apt complex for over 1 year with mold and now have to use 3 inhalers and take excedrine everyday

smoke detector malfunction from water damage and there was a fire in budling and life was threated cause was unable to get out due to non working smoke detector and have the proof of mold i work from home so inhaling

mold everyday

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal this has caused you. I can only speak for the personal injury-related aspects of your question. You could reach out to law firms to try to arrange a free initial consult. Gather... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: can you have a "family" member move your property from your rental after being served a 72 hour eviction notice in idaho
T. Augustus Claus
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answered on Sep 18, 2023

In Idaho, if you've received a 72-hour eviction notice, it signifies that you are facing eviction from your rental property. During this process, you typically have the responsibility to remove your personal property from the premises. While you can have a "family" member or someone... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Florida on
Q: Is it permissible for my Husband and/or his Lawyer to call my Landlord?

With help from my family I was able to escape an extremely abusive marriage. I’ve been living alone, in hiding from my estranged Husband for the past two years while my lawyer has been working to overcome my Husband’s (& his Counsel’s) deliberate delays as well as both of them obstructing... View More

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answered on Sep 18, 2023

In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More

3 Answers | Asked in Landlord - Tenant for Tennessee on
Q: How to evict a person that is not paying rent or maintaining a clean room to which only a verbal agreement was made?
T. Augustus Claus
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answered on Sep 18, 2023

To evict a person in Tennessee who is not paying rent or maintaining a clean room, especially when there is only a verbal agreement, follow a structured legal process. Begin by providing written notice to the tenant, citing the reasons for eviction and allowing a specified period (usually 14 days)... View More

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