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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord obtain pictures or videos of a property without tenants knowledge
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

The answer to this is probably yes; however, you should check your lease agreement to see what the rights are.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: All the money I had was used for oving expenses when I moved in on 12/13, but I needed to pay another full month on 1/1

The last couple weeks of the year are really bad at work for business and I couldn't pay on time. The last couple weeks have been better and was planning on paying what I owed this Monday 1/20, but I came home from work today and found an Eviction Notice on My door saying I need to vacate the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

The only thing you can do is try to work it out with landlord. But landlord does not have to agree, and can proceed with the eviction. If a tenant is facing money problems, it is always better to tell the landlord ahead of time, and try to avoid this. For non-payment of rent, landlord posts the... Read more »

3 Answers | Asked in Landlord - Tenant and Probate for Florida on
Q: I own my parent's home in Florida along with my two siblings. How do we split the proceeds?

I have lived in the home since 2008, 7 years before my mother died. Since her death, I have continued to live here and covered all of the house expenses. Am I entitled to any reimbursement for those expenses (insurance, property taxes, repairs & payments on a HELOC my mother took out) when we split... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 16, 2020

If you cannot reach an agreement with your co-owners (siblings) for reimbursement then you can file a Partition action with the court. Once in court you will have the opportunity to prove that you are entitled to more than 1/3 of the proceeds because you paid the expenses to carry the property.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord entered my house while I was away on a work trip, they did not call me.

I was gone for a work trip for 3 days. While on my flight on my way home, I received a notification that my Ring alarm was going off and that there was entry through my front door. I texted my boyfriend and had him call the police for me since I didn’t have the ability to call while in flight.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Your consternation is understandable but IF they posted the notice on your door at least 24 hours before they actually entered, it most likely is legal since posting it on your main entrance door is a lawful way of serving you with the notice. Want to avoid a repeat in the future? When you leave... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Two different leases for one house and three roommates?

My wife has a lease in oregon with two other roommates. One roommate is the daughter of the landlord. She also has a different lease from the other two tennants allowing her to have a dog. The other two tennants, my wife included, are not allowed to have any pets per the lease they have signed. Is... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 15, 2020

Certainly - and is one reason to have separate leases rather than all on one. The terms of the landlord's agreement with one tenant does not have to be the same as with a different tenant, so long as they are on different leases. It also means that you can't get evicted if she does not pay her... Read more »

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 15, 2020

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Signing a fixed-term lease on house. In VA, can new landlord add a clause--if it sells new owner can give 60 day notice?

The new landlord said they're not likely to sell, but the property has two houses and it's possible she'll want to sell mine. There are plenty of people right here who would want to rent it, so I'm wondering--can I say no to adding that clause? Is it legal in VA or do I have no leverage if it's... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 15, 2020

Assiming you have a written residential lease in place, and if your question is whether a new title owner of the Property is entitled to unilaterally change the terms of your lease with the previous title owner, the answer is no. A residential lease can only be changed or modified by mutual... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: When we sell the condo, would I be able to get the 50% of the value of the condo that my mom agrees to for a long time?

My parents were divorced when I was 14. However, my dad came back in our life at one point. He offered to put down half the down payment for a purchase of a condo in my mom’s name in 2007 as a redemption and to help me through college. Both my mom and dad put down $140000 for a $305000 condo. My... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 15, 2020

If the condo was solely in your mother's name, and if the 2012 deed to which you refer was recorded in the Recorder's Office, then you are entitled to 50% of the net proceeds if it is sold. If the deed wasn't recorded or doesn't get recorded, you need to talk to a lawyer ASAP.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I gave a landlord money down on a apartment and turns out there's people living there and she's not doing a eviction

She came to me and asked if I was interested she said she needed money down. Turns out there is a family living there and she's not filling a eviction what can I do to get my money back she won't give it to me I have a receipt

Joseph Jaap
Joseph Jaap answered on Jan 15, 2020

File a claim in small claims court. Check your local court web site for the process. If your city has a fair housing office, contact it also.

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Q: I resigned from my job, the same day my employer called my landlord???

The same day I gave notice that I was resigning from my position as case manager at a non-profit homeless service my ex-boss called my landlord to complain. He sent me a text shortly after threatening to evict if I fall behind on rent since I had, "left the job for no reason." I left to accept a... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

Very annoying but you probably don't have a viable claim.

Restatement (Second) of Torts, § 766:

One who intentionally and improperly interferes with the performance of a contract . . . between another and a third person by inducing or otherwise causing the third person not to...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Sent 72hr notice nonpayment on 1/9/19, posted, mailed 1st mail, and email, on 1/14/20 still didn't receive any payment

Hello all, my tenant didn't pay Dec.2019 rent after 144 hour notice nonpayment, I filed an eviction and trial, The court grants default judgment in favor of defendant dismissing plaintiff complaint( because I didn't have proof of mail service) tenant didn't sign off certificate mail at USPS.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jan 14, 2020

No offense, but your posting does not make a lot of sense. You refer to serving both 144 hr and 72 hr notices; if both sides appeared in court, there would not have been a default Judgment since neither side defaulted if they showed up.

It sounds likely that a new 72 hr notice needs to...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What happens after I receive a final notice of eviction
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

Your landlord will take immediate steps to have you evicted from the premises--unless you try to stop it by filing a case in the local courts.

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Georgia on
Q: My apartment is seriously infested with roaches

They have had pest control come out but he isn't using proper chemicals for German Roaches. I had to throw out my microwave because a nest was in it, what are my options and rights

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You can sue the landlord in Superior Court to force a repair (AKA extermination of the roaches) and obtain damages for failure to repair. If you live in a rental house, you also have the option of informing the landlord that you intend to repair the situation yourself by hiring your own licensed... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: We found serious structural issues after moving in when we informed landlord in writing she gave us a 30 vacate notice.

We were informed to do free estimates for repairs to house when estimates came in and we provided our issues in written form she went to police came to home with them for a inspection that was never scheduled and then sent us a 30-day vacate premises notice

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

There is a new Georgia law that protects tenants for being kicked out simply because they complain of a health and safety problem with the rental property.

The new law is OCGA 44-7-24

You may or may not fall under this new section

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: Was it illegal for my landlord to terminate my lease 2 months before my original lease was up w/o giving me any notice

My landlord terminated my lease 2 months early without providing me any documentation about a 30-60 day notice I also fixed the the damages I caused and cleaned unit before leaving I was told I would get a deducted deposit back it has been 30 days and my old landlord has yet to call me and refuses... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Jan 13, 2020

You received some type of statement from your landlord. What did your landlord say about ending your lease?

The time to challenge the early termination was before you moved.

Now that you moved, it is questionable if you can sue him for breach of contract.

As far as your...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Can we sue and win a case against the homeowner due to breaking our tenants rights?

I rented a vacation home in Florida for two weeks directly through email using a Paypal payment. I found the house through vrbo.com which states no pets are allowed, though I did not see this statement, though I did not book through vrbo.com, but direct through the homeowner and pet policy was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 13, 2020

Sue for what? The $200 deposit? What else are you wanting to sue for? Breach of privacy? That dog won’t hunt here oh Florida.

However, if you want to file a $200 small claims case in the county where the condo is located you can do that-without a lawyer. But then what will you do when...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: is there a limit on how much I can raise the rent on a commercial tenant?

I originally had a lease with these tenants but has since lapsed and no new lease signed, have not raised rent in several years and frankly would be happy to get rid of these tenants, I am wanting to sell my property and tenants have shown interest in purchasing but no viable offer. In the mean... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 13, 2020

So far as I know Florida has never imposed any such restrictions on commercial rents, which are seen as an integral part of freedom of commerce.

In your situation your ability to raise the rent in this situation is totally dependent on the terms of the old written lease. If the old lease...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Eviction Notice

My husband and I received notice of eviction for our apartment. We haven't broken any of the terms of our lease, but they're saying we are being evicted because our lease is up. I didn't think that was a valid reason to evict someone.

Brent T. Geers
Brent T. Geers answered on Jan 12, 2020

What you likely received is a Notice to Quit. So long as you leave, or otherwise make arrangements with the landlord, you will not be evicted - more importantly, have an eviction on your record.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How do I get an “occupant” (per lease agreement) to move out of my apartment?

My ex-girlfriend is an “occupant” on my apartment lease (via a lease rider). She refuses to move out now that we have broken up. Can I give her a written notice period to get her to move out after a certain number of days? If not, is there another process to get her out of the apartment?

Michael David Siegel
Michael David Siegel answered on Jan 11, 2020

You need to get a court order to evict her. Or, let your landlord do it.

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