Landlord - Tenant Questions & Answers

Q: I rented a house from my ex brother n law for 8 years. was told I could do what ever i wanted to.cause house was a mess

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 29, 2017

Under the Florida Statutes a tenant has a responsibility to not damage the property, other than what occurs during normal wear and tear from living in a rental unit. Holes in walls are usually not considered wear and tear. Painting, without the landlord's authorization, could also be considered a violation of section 83.52, Florida Statutes.

If you are having a dispute with your landlord, you should contact an attorney. With more details about what is occurring, an attorney will be...
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Q: Month to month lease end in Florida

3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on May 29, 2017

Probably. Without reviewing your Lease Agreement, I can't give you an exact answer, but Florida Statute requires notice to terminate a month to month tenancy by giving 15 days notice prior to the END OF ANY MONTHLY PERIOD. In your case, it appears your landlord expects 30 days notice prior to the end of your monthly period, which ends on the 15th. Again, the Lease Agreement would need to be reviewed. You are wanting to vacate half way through your monthly period and there is normally not a...
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Q: Do we have a case? No hot water or electricity. Police instructed All tenant's to leave immediately for sa

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on May 29, 2017

There is not enough facts here to determine if you have a case. However I suggest that you speak with a landlord tenant attorney in your area to go over then entire situation to determine for sure.
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Q: If a person went to jail for domestic violence and battery and my residence this person's house and they have a no

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Answered on May 28, 2017

Your right to remain at that property is based upon your legal status as either an owner of the property or a legal tenant. If you are not an owner or do no have a valid lease. It is my opinion that you can be evicted legally.
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Q: Can a person evict me in fl living in his house if I don't have a lease agreement

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Florida on
Answered on May 28, 2017

Short answer is yes. You can be evicted from a house even if you do not have a signed lease. You do not have a right to live in someone else's property unless they agree for you to remain there.
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Q: If I decide to sell after my rental-home tenants break their lease, how does the duty to mitigate factor in?

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 27, 2017

I'm not admitted to practice in New York. Why did you post this for California attorneys?
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Q: Unlawful Detainer today by my sister, the complainant. She did not include any reason for evicting me.I'm Disabled.

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 27, 2017

You don't have to serve the answer before you file it. You can file your answer and postmark the proof of service of the answer the same date (but you can't sign the proof of service, it has to be someone else you unrelated to, such as a paralegal service). And there are legal aid clinics who assist the disabled with matters such as yours.
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Q: 30 day vacate notice from brother even though it is my mothers house. Have been living there for a couple months .

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on May 27, 2017

There's obviously more to this story than the information you provided. If you provide more details about your rental agreement with your mother, I might be able to give you some decent advice. Talk to your mother and ask her what's going on.
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Q: If lease requires tenant to pay 10% of monthly rent if tenant breaks lease, plus rent, until new tenant found, legal?

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 27, 2017

If there's been no breach of the terms of the lease, the terms in § 1951.2 don't even apply. All you have to do is live up to the terms of the lease until the lease expires, and give the landlord 30 days notice you won't be renewing the lease. You won't have anything to worry about.
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Q: My roommate and I are on a month-month. I gave 30 day notice to her on 5/17. Am I required to cover rent from 6/17-6/30?

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 27, 2017

Last question first: yes, the landlord is right. You are not affecting the landlord's rental of the apartment to your roommate. Only your agreement with your roommate.

Did your agreement with your roommate run from the first of each month? What did you and your roommate agree to? If you agreed to split the rent month to month, beginning with a date certain (i.e. 1st of the month, or 15th or whatever), then you should have given notice 30 days prior to the rent due date and been prepared...
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Q: Can my landlord alter the size of my lard without permission or notice?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on May 27, 2017

There's some information missing here. Do you have a lease? Rental agreement? Either way, what property are you renting/leasing? Does your agreement define the total square footage of your tenancy? If you're only renting a house on a piece of property, rather than the house and yard etc. which is totally described in your lease/rental agreement, you may or may not have any ability to prevent the landowner from doing whatever he wants with his adjoining properties and where he wants the property...
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Q: Do we have any recourse if the neighbor's second hand smoke causes my husband to lose his job?

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 27, 2017

That sounds like a stretch. You may have a case against your landlord, though, for possible breach of contract for failing to stop the smoke that comes into your home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
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Q: If I signed a lease where there is no smoking an people smoke can I get out of it with out a penalty

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on May 26, 2017

If you have not paid your rent, the odds are you will be evicted. If you want to avoid that, you need to review everything in detail with a landlord-tenant attorney immediately. You are likely to be hard pressed since even if your lease specifies no smoking on the property, that does not necessarily guarantee that the same provision is in everyone else's lease and even if it is, you have no legal right to directly enforce the lease terms against other tenants. You may or may not be able to...
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Q: Can a landlord in Oregon raise rents within the first year of occupancy in a month to month rental agreement?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on May 26, 2017

No, a landlord may not increase rent during the first 12 months of a month to month tenancy and only thereafter with at least 90 days advanced written notice. You of course can maximize your benefit from his error by simply staying silent until after the raise is supposed to go into effect. He will then have to issue a new 90 day notice or, if he pushes it, you should be able to prevail in court while collecting your court costs and attorney's fees. Of course you may also get a no cause...
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Q: I have a month-to-month lease since 6/1/15. Is 60 days notice of termination required or is 30 days sufficient?

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Answered on May 26, 2017

Maybe yes, maybe no. The 60 day notice applies to landlords. The contract terms apply to tenants. Read it.
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Q: My neighbor has been harassing me and my fiancé. My landlord hasn't remedied the situation

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on May 26, 2017

I can't imagine what the cause would be for terminating your lease. You not getting along with your neighbor is unlikely to be a condition in your lease. But the language of that lease will be controlling.
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Q: Backyard Shooting range on private rental property. Law says ok landlords say no. Issue not listed in lease agreement

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 25, 2017

If the lease doesn't prohibit it, the landlords probably cannot stop you from having the shooting range.
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Q: the proceeding is my right to recover real property under my rent to own lease, her counter claim is that my lease is

3 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

If she copied and pasted your signature without your consent that does sound alot like fraud to me, but the facts you lay out sounds like she is claiming you committed fraud. Obviously there is a lot more going on here than you have written and a supreme court action concerning real estate almost always gets complicated. Written agreements always prevail in Real Estate, proving fraud is difficult, but not impossible. Best of luck.
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Q: I have 2 kids both under 2 and my landlord refuses to turn on heat or air conditioning. I have to supply both. Can he?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on May 25, 2017

You have the right to quietly enjoy the property you are leasing. You have the right to safe, sanitary and habitable property.

If your landlord is harassing you, destroying your property, not providing a sanitary and habitable property then the landlord may have constructively evicted you. If your landlord has constructively evicted your option is to notify him to correct the issues and move out if he does not.

In addition to this a landlord under Indiana law is always...
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Q: What are the rights of an apartment co signer in upstate New York

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 25, 2017

A lease co-signer likely stands in the same position as the other signatory. A detailed review of the lease would confirm that. This means that the co-tenants have equal rights and responsibility when it comes to all aspects of the lease.
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