Landlord - Tenant Questions & Answers

Q: Can my former landlord receive rent from two parties in the same month for a unit I paid for and moved out of early?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jun 20, 2018
Salim U. Shaikh's answer
As detailed, you had vacated apartment well before expiry of lease and moved out having paid its rent in full till 6/30. As you moved out and handed over a vacant possession to LL, it's now a discretionary on the part of LL to keep it vacant or rent it out immediately. Question of two rent in a month does not arise.
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Q: been renting this house for 9+years and they gave us a 30 notice to move because they are selling. should we get 60 day

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Jun 19, 2018
Thomas A. Grossman's answer
It depends on whether or not you have a lease or a rental agreement. If you have no written agreement, you would be a month to month tenant, or a tenant at will. If you have a written month-to-month tenancy, they could give you a 30 day notice at any time. If you had a lease for more than a year, your are entitled to a 60-day Notice.
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Q: Can landlord keep next of kin off property after a death for next of kin to appraise property?

2 Answers | Asked in Landlord - Tenant and Probate for Virginia on
Answered on Jun 19, 2018
F. Paul Maloof's answer
If she refuses to allow you in the property to have an appraisal performed, you will need to get a court order that requires her to let you on the property.
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Q: Did the Virginia Tenant Law change in regards to interest earned on security deposit? We have rented for 37 months.

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jun 19, 2018
F. Paul Maloof's answer
I know of no fixed interest rate set forth in the Virginia Code on a security deposit regarding residential leases. Generally, any reference to a security deposit that bears interest will be in the lease only.
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Q: Early Lease Termination

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Answered on Jun 18, 2018
Salim U. Shaikh's answer
Early termination of lease may fall under "breach of agreement" as you indicated and/or " military leave" and send LL a formal notice to terminate that contract in accordance with lease termination clause. A prior notice to termination of contract would be required.
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Q: Can a landlord require notice and early termination fee in Indiana?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jun 18, 2018
Salim U. Shaikh's answer
You already paid a Rent in lieu of notice. Additional 60 days or two months rent that LL demand is totally illegal and need not to be paid even if the house remained vacant.

You may also claim refund of advance rent that you already paid in case LL rented out during notice period of which rent LL received in advance. Pls consult Attorney of your local jurisdiction for refund of advance rent through Small Claims Court along with damages and court expenses.
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Q: We moved out of residence by May 14th and returned keys to realtor who was in charge of renting house out for landlord.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on Jun 18, 2018
Salim U. Shaikh's answer
Yes, LL was bound to return your SD within 30 days after your move out provided you left your current address/phone contact or bank account to transmit SD.
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Q: Son wants to rent apartment w/ a roommate. I agreed to cosign. Property Man. also asks that I pay $1970/mo to tenants.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jun 18, 2018
Gregory L Abbott's answer
Can they ask you to do it? Sure. You obviously have no obligation to agree. It would appear that the actual tenants do not meet Am. Prop. Mgt. income requirements and this is their proposed work around. Another, of course, (and arguably safer for you) is for you to simply pay the monthly rent and collect whatever you can from the residents, understanding that you would not have the authority, however, to evict them for non-payment. These sorts of arrangements are fraught with potential...
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Q: What is the time frame a tenant is not a tenant if they left 30 days + ago and was not on lease?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jun 18, 2018
Gregory L Abbott's answer
IF he was never supposed to pay rent, and never did, he was a guest and NOT a tenant. As such he had some, but limited rights. Essentially it comes down to when did you reasonably believe that he had moved on with his residency and no longer intended to reside in your place? That normally is the time his residency was terminated and once terminated, cannot be revived, only a new one started. If you want him gone, DO NOT let him move back in after he has terminated his actual residency....
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Q: We have no water. It's been off 12 hrs and counting. Do we have rights as tenants to have running water?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Jun 18, 2018
Manuel Alzamora Juarez's answer
Yes you have rights to running water. Please call your landlord and follow up with a letter. If he does not answer in 2 to 3 hours. call again and if he does not pick up, call the City Inspector in your locality and file a complaint. If he does not act within twenty four hours, I would check into a motel and let him know you are doing so until he fixes the problem. Do not forget to call the inspector.

Best of luck.
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Q: Can the courts send out a warrant for someone's arrest if the person is kate paying on court fines?

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Jun 18, 2018
Anthony Marvin Avery's answer
Probably not as that sounds like a Civil Judgment for Damages. Unless it involves Criminal Trespass, Vandalism or something similar with Restitution, then it is not punishable by incarceration. However the Landlord can attempt to collect on the Judgment, and you cannot ignore a Subpoena to testify as to where your assets/income are. Otherwise you will go to jail for Contempt.
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Q: What happens if landlord doesn't give me required notice of right to be present at move-out inspection in Virginia?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jun 18, 2018
F. Paul Maloof's answer
The Tenant has a right to bring a claim against the Landlord for breach of the lease if no notice was given for the move out inspection and no security deposit was returned to the Tenant. If you sue, you will have the burden of proof of show the Judge you are correct regarding your claim. If the claim is for less that $5,000, you can file a small claims case, which is easier to prove and no lawyers are involved.
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Q: I moved two weeks ago to an apartment that is going through construction. Nobody told us it will take 3 months.

1 Answer | Asked in Construction Law and Landlord - Tenant for New York on
Answered on Jun 18, 2018
Elaine Shay's answer
Depending upon the specifics of your situation and how the repairs impact your tenancy, you may be entitled to a rent abatement or possibly recision of your lease. However, don't expect the landlord to be happy about it or easy to deal with. You may do better retaining an attorney to negotiate a resolution on your behalf.
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Q: I have lived in my condo for 7 years, paid rent $975. a month and a $1100. security deposit. He now wants more.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jun 18, 2018
Joseph Jaap's answer
When lease expires, landlord can propose a new rent, and tenant can choose to agree or move. Landlord can collect whatever security deposit tenant will agree to, but landlord must pay interest on any deposit greater than one month's rent.
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Q: If a person is renting a room with no lease and is causing another tenant panic attacks, intimidating, threatening

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jun 17, 2018
Gregory L Abbott's answer
There simply is not enough information here to tell you much. While you may not have a written rental agreement, you do have a valid, enforceable, oral month to month rental agreement. If this is separate rooms in the same house, is one party the landlord and another a tenant? Both are tenants of the same landlord who does not live there? Does each have an independent rental agreement with the landlord or did they come as a pair, both occupying the house under the same rental agreement,...
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Q: Property vacated on April 30 as agreed. Landlord sent a list with a charge for $500 on May 31 (received June 2)

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on Jun 17, 2018
Salim U. Shaikh's answer
It appears to be a belated intimation of charges on account of painting etc. LL was bound to return SD within 30 days after move out of tenant.
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Q: My job messed up on my paycheck. I showed my landlord the pay stub and email from my job stating the remaining balance

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Jun 17, 2018
Salim U. Shaikh's answer
She can only call/discuss rent matter with your employer if you do authorize her. Without your authorization would be illegal and may attract legal action against her.
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Q: How many months behind in rent do you have from not paying rent until landlord can begin the eviction process?

1 Answer | Asked in Landlord - Tenant for Alabama on
Answered on Jun 17, 2018
Salim U. Shaikh's answer
Depends on lease agreement how rent default has been elaborated. Generally, LL initiate eviction process after non-payment of two consecutive months of rent.
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Q: Must the security deposit be returned 30 days after you move out (turned in your keys) or 30 days after the lease ends?

1 Answer | Asked in Landlord - Tenant for Michigan on
Answered on Jun 17, 2018
Salim U. Shaikh's answer
Depends how your lease interpret it. Generally, SD has to be refunded 30-days after a tenant move out, leaving his address, bank account details, contact number with LL.
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Q: If the landlord has been made aware that a tenant has been physically violent against the two other roommates as well as

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jun 17, 2018
Salim U. Shaikh's answer
Instead of fixing any liability on either side, the best will be if you two move out after formally writing to LL that violent and abusive behavior of one of their roommate, as reported many a time to LL, made it impossible for them to further continue as a tenant. Choice of LL is either of them and must take it as a notice to move out and reimburse their deposit or your deposit be settled as a rent for the notice period (should be within the time period so specified in lease)....
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