Landlord - Tenant Questions & Answers

Q: I was left an eviction notice on my door today. It stated it was a 7 day curable eviction

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jan 23, 2018

Landlord did not necessarily have to give you 12 hours notice-it depends on why they entered the property which isn’t clear from the above and I’m sure their reason for entering would coincide with the notice they gave. I suggest taking care of the alleged violation (if it exists) so that they don’t send you a subsequent notice to vacate. If you disagree with their reasons for the notice state your position in writing and send it to the landlord, but a seven day to cure is just a warning...
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Q: My partner and I rent a house. 6 months ago let a friend move in. She doesnt pay bills at all.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Answered on Jan 23, 2018

Not sure what is the issue that you have based on your inquiry.
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Q: If I have to be out February 19th can my landlord charge me a full months rent or dose he have to pro rate it?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jan 23, 2018

Whoa here...your posting suggests you are on a fixed term lease until May 1st. If accurate, your landlord cannot terminate your tenancy without cause before then. Plus, if you are in the City of Portland's city limits, it would have to be a 90 day no cause notice if it was otherwise legal. Depending upon the exact facts, the landlord might also owe you a relocation assistance payment of several thousand dollars. So strongly consider reviewing everything with a landlord-tenant attorney to...
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Q: Our landlord did not provide us with a lease renewal. Can they hold us to the previous year's agreement?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Jan 23, 2018

No. You're month-to-month now and leaving the property requires 30-days notice from either you or the landlord.
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Q: I have all ready move out but know the landlord says she is filling an eviction with the courts can she do this?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jan 23, 2018

Can she? Yes, anyone can file any lawsuit they wish. That does not mean she can win. If she does, it is important that you attend the court hearing to tell the judge that you are already out. Better yet if you can have proof that she knows you are out before she filed. It would be up to the Judge, but if you can proof she knew but filed anyway, you might get a penalty against her, besides having the case dismissed with you prevailing. If it happens, consider reviewing things with a...
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Q: What action can I take against my landlord who didn't tell me I was paying for common area electric?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Jan 23, 2018

If it was not in your lease that you would pay for those expenses you should sue the landlord for consumer fraud. You may be able to recover treble damages. But this is separate from your security deposit depending on why you breached your lease. If you had good reason to breach your lease you can sue him for that too.
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Q: Is my landlord violating the Free Housing Act?

1 Answer | Asked in Contracts, Real Estate Law, Animal / Dog Law and Landlord - Tenant for California on
Answered on Jan 23, 2018

The doctor's note, if valid, does not guarantee you the ability to keep a dog in your apartment. The landlord can still deny the animal if the specific animal:

poses a direct threat to the health or safety of others, or

would cause substantial physical damage to the property of others.

A weight limit rule does not take into account the characteristics of your specific animal, so the landlord's response would be a violation of California’s Disabled Persons Act....
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Q: hi, I need an attorney for civil part landlord/tenant.

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Answered on Jan 23, 2018

This site has plenty of attorneys to choose from. Just click "Find a Lawyer", then "Landlord Tenant"...you should find plenty. Look for attorneys that offer a free consultation.
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Q: Can I refuse to let realtors take pictures of the inside of the house I rent

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 23, 2018

Take a look at your lease. Usually there are provisions that determine what a realtor can and can't do.
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Q: How much advance notice should a landlord give to tenant regarding a rent increase? Thank you!

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 23, 2018

If you have a lease, then terms given therein will apply for increase of rent. It cannot be earlier than a year.
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Q: We paid the small past due amount of rent per the 3-day notice but landlord is still trying to evict.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jan 23, 2018

You have been correctly advised by Attorney. You cannot be forcibly agree to extended lease as per LL terms.
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Q: I recently rented an apartment for the price of 1,300 a month and I cant finish the lease can I go to court for that?

1 Answer | Asked in Landlord - Tenant for Maine on
Answered on Jan 23, 2018

If your notice was within the stipulated time then you may move out to your new location handing over the possession and key to her witnessed by other(s). She is bound to reimburse your deposit, if any.
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Q: I've been evicted for false accusations that I didn't have proof of at the time of hearing. Judgement granted against me

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on Jan 23, 2018

You are advised to immediately consult your Attorney of local jurisdiction for rectification of misrepresentation by LL and for reversal of eviction order before execution.
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Q: I am a landlord and i have a roomate do they have the right to go thru my personal property while im not home

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Answered on Jan 23, 2018

No, they cannot. Warn them and next time ask them to move out of property.
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Q: If I let someone stay on my property rent free for 10 months now I want them gone are they a trespasser or tenant

1 Answer | Asked in Landlord - Tenant on
Answered on Jan 23, 2018

Staying with you, with your consent for 10 months, cannot be treated as trespasser. However, you may either charge them and put them on lease or if you do want them to move out, tell them accordingly.
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Q: How to get out of a lease early?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Jan 23, 2018

The rights of a tenant to exercise an early termination of the lease is contained in the lease. You should carefully review your lease's provisions. Other than the tenant's rights in the lease, an agreement in writing with the landlord is always a possibility. Since you seem to not be agreeable with what the landlord offered for an early termination of the lease, you may want to make your own offer and see what is the landlord's response. Whichever path your follow, make sure it is in...
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Q: We just found out our landlords don’t have a certificate of occupancy and they filed evictions.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Jan 23, 2018

Not necessarily. All that's required for an eviction is that the property be registered with the town as a rental property, not a current CO.

However, if the unit is illegal, and the town is making the landlord evict you, then you may be entitled.

As far as the security, you MAY be able to have it applied as rent. That depends upon the number of units, if it's owner occupied, and depending upon the first two answers, whether you made a request to have the law apply....
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Q: taking an apartment complex to small claims court for $100 they owe you is the only option?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jan 23, 2018

Many cases arise because people refuse to honor the terms to which they have agreed on paper and signed, and they simply refuse to pay. Going to court is the only remedy that the legal system provides. But in a great many cases, it just is not cost-effective to got to court to sue over small amounts, because the cost of legal fees, time lost, and other expenses exceeds the amount the plaintiff is trying to get. If it is only $100, there is no cost-effective remedy that the legal system...
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Q: I offered to settle out of court with former landlord. Can he still take me to court

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jan 23, 2018

Landlord does not have to accept the offer, and can sue you. Any offers made toward settlement are not admissible in court later. But in court, he would have to prove that you caused the damages, and submit bills for the cost of repairs to the court.
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Q: Can a landlord withhold half of a security deposit for repainting? The place was left immaculate.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jan 23, 2018

It depends. It would be worth a call or letter from an attorney to try and get the deposit back in full. This is especially so since you paid for other items that traditionally a tenant doesn’t pay for. It sounds as if she is wanting you to pay the cost to repaint the property in order to sell it-which isn’t proper.
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