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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Family Law, Child Custody and Public Benefits for New York on
Q: Can the state of New York or landlord kick someone out of there apartment if they’re in desperate need?

Hello I’m Lucy. The kids next door are 18, 16 & 13 years old, lost there mom and there dad isn’t in the picture but there aunt that lives upstairs and also has 3 kids will soon have custody of them, Which is great but they can’t all live in one apartment and can’t afford a bigger place.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 12, 2019

The children should qualify for social security and they may also be entitled to public assistance grants. They should check with the department of social services.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I still collect rent while in the process of a no cause eviction?

I have already served a tenant with a 30 day no cause eviction notice and it seems as if she plans to wait it out since she has no where else to go. The 30 days expire on the 9th of next month. Do I still collect rent from her on th 1st? And if so do I collect the whole month or a pro rated amount... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 12, 2019

You collect the pro-rated rent through the termination date. If they pay the whole month, you refund the rent for the tenth through the end of the month within 10 days of receiving it. If they do not vacate by the 9th, you go to court to evict them.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: The defendants in our case did not appear at the hearing but have now submitted intent to defend after. Is this allowed?

My spouse and I appeared at the hearing but neither defendant was present. We were prepared to discuss our case but since they did not show, the judge said there was no contest and ruled affidavit judgement that they needed to return our deposit and court fees. Now, when I search the case online to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

It's odd that the court set a trial after you won an affidavit judgment. The proper procedure is usually a motion to vacate the judgment. In any event, appear at whatever date was set and prepare your case or request a continuance if necessary. You would be wise to consult with local counsel.... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Ca tenet got dog against lease says it’s emotional support dog for adult son Rottweiler/pit bull? Can I insist dog go?

My home owner’s insurance won’t cover this animal. Worried laws with emotional support animals will force me to work with him. He has a letter from a therapist confirming the emotional support

William John Light
William John Light answered on Dec 12, 2019

To begin with, Homeowner's insurance doesn't cover landlord liabilities at all, so not covering liability arising out of a tenant's Rottweiler/pit bull is just one claim of many for which you will not be covered. You will need Landlord Insurance. Confirm with your Insurance Agent.

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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: I would like to know my rights and as to whether I'm a tenant or a guest in Pennsylvania

I have been invited to live with my sister in law, I've been here for 2 months and the utilities are in my name. Apparently the landlord didnt know and he told them I had to leave by friday but no written notice. I dont want my family evicted but I dont want to be forced out without time to find a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 11, 2019

If there is a lease that governs who can living in the property--as far as number of adults. These are frowned upon, however the question is why does the landlord have an issue with it? Technically if the tennant pays rent, barring a lease provision there should not be a problem. If there is no... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord take cash and let tenant stay after court ordered eviction

Landlord got court ordered eviction with judgement and still allowed tenant to stay with tenant paying cash. Is that legal. Is the court ordered eviction still in effect or is it now void?

Anthony M. Avery
Anthony M. Avery answered on Dec 11, 2019

The Court probably rendered a Judgment for Possession to the owner or landlord. If the landlord wants them out, then he needs a Writ of Possession from the Court for the LEO's to remove the tenants. The Judgment is not void because the landlord ignores it, but the tenant could appeal if breach... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My girlfriends mothers landlord is trying to evict them because he hates me and dont want me around is that legal?

I'm not on there lease or rental agreement in any way as I do not live there

Joseph Jaap
Joseph Jaap answered on Dec 11, 2019

It might or might not be a valid eviction, depending on what basis the landlord uses to file the eviction. The judge at the eviction hearing will decide. But an eviction is a permanent public record, that can make it difficult for them to rent from a landlord who checks the records. So consider... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Do I need to notify my tenant of a new roommate moving in?

I have a 5 bedroom house and rent out each room individually on a month to month lease. do I need to give my tenants any kind of formal notice of a new renter moving in other than a basic in person introduction upon new tenant coming over to viewing room for rent, signing lease or picking up keys?

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2019

There is no legal obligation to introduce or notify existing tenants that a new, non-affiliated tenant is moving in. Obviously it is the courteous and likely to help promote general harmony among all but they are all on separate leases so each has no legal interest in any other tenant or their... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a landlord enter any communal areas inside a house that has room renters without giving any notice?

I own and rent out 4 bedrooms with individual month to month leases of a house that I do not live in. I occasionally need to go inside to collect rent from the tenants or do basic maintenance. I have never entered any of the tenants bedrooms with out proper 24 hr notice. Can i enter the communal... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2019

Generally I believe no advanced notice is required for a landlord to enter common areas so long as they can do so without entering or going through an area under a specific tenant's exclusive control. As for cleaning, that likely depends upon what obligations the lease specifies for the tenants.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Should I be compensated if my landlord forces me to switch units for repairs?

We have mold problem in our apartment, and the landlord has told us (through our property manager) that we must switch units so they can make repairs. The unit they want us to switch to is much less desirable because it's location (ground floor right beside the dumpster) has a worse view, less... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 10, 2019

You don't say whether this switch is temporary and you move back to your original unit upon completion of the repairs or if this is a permanent switch. If temporary, they likely can do it. If permanent, at best they cannot force you to accept a less desirable unit and they might be liable to you... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Landlord - Tenant for North Carolina on
Q: What can I do if the apartment complex I stay at entered my apartment and left my doors unlocked and items where stolen

They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Do I have to declare to the tenant that I am inspecting for issues if I'm there with permission already fixing items?
Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

The law is not that specific. Here is Ohio Section 5321.05: "The tenant shall not unreasonably withhold consent for the landlord to enter into the dwelling unit in order to inspect the premises, make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements, deliver... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How do i put my money in escrow for repairs not being done if county clerk states he doesn't own my house?

landlord has failed to do all repairs: ac/heat flooring, plumbing. There are mths that he will say pay me $300 TODAY. He will send an email confirming. I went to put my money in escrow and was told he is not the owner/landlord so it would be difficult to do that since the business that is listed no... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 10, 2019

Report the problems to the local building dept. If you don't have a lease or are month to month, give 30 day notice to terminate so you can move.

Check the address on the county auditor web site to determine who is the owner. If that owner no longer exists, then somebody has to own it....
Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I am planning to break my lease 2 months early. Trying to understand my rights prior to signing a notice to vacate.

I had called the front desk months ago because our water bill was substantially higher. They said they would have the maintenance team check it out and gave me proper 24hr notice the first time. I was there when they came and they replaced a part in the toilet which they said should solve the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 10, 2019

You may try to use the unauthorized entry as a way to avoid liability but I think it will not be successful because landlord was repairing an issue with a leak in the premises that would benefit the tenant.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In Virginia must I send the FINAL copy of the Unlawful Detainer to the tenant?

I received judgment & possession of my rental property (tenant did not show in court) and have since received a Writ of Eviction. Is it necessary to send the finalized copy of the Unlawful Detainer to the tenant, (the one containing the judge and clerk's signatures) as I did when the clerk first... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 10, 2019

Under Virginia law, there is no requirement for the landlord to send the tenant a copy of the final order of judgment and possession, however, you may if you want to. The landlord also is not required to send the tenant a copy of the Writ of Eviction since the Sheriff's Office will serve that Writ... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager raise my rent, on a month to month no contract rental, by 20 percent thru a text message?

I rent a room and my property manager just sent me a text stating he was raising my rent 20 percent by the first for Jan, 2020. I feel this isnt legal. He also sent me a text saying that he was gonna do maintenance on my door at some time today, and that was all the notice I was getting. This all... Read more »

Gregory L Abbott
Gregory L Abbott answered on Dec 9, 2019

First, ANY rent increase notice must provide at least 90 days notice and be in writing (NOT text, email, etc.), contain the required information, and be lawfully served on the tenant. Further, there is approximately a 10.3% over the past 12 months limit on the amount of rent raise. Further there... Read more »

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If my apartment requires me to move out temporarily due to construction, can they force me to pay rent?

My apartment complex is rebuilding all the external 2nd and 3rd floor walkways. My building is the first. The management provided a 10 day notice. Tenets will not be allowed access to their apartments for 11 days. The apartment complex is providing 2 star hotel rooms and a 200 dollar stipend. We... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

Depending on the terms of the lease, a tenant may be able to end the lease if the apartment becomes uninhabitable for a period of time. If improvements need to be made that require a tenant to be temporarily out of their apartment and the tenant does not want to end the lease, reasonable... Read more »

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: What options do tenants have if landlord disconnect wifi, additionally wifi, cable and the like were included in lease

VA residential lease

F. Paul Maloof
F. Paul Maloof answered on Dec 9, 2019

In Virginia, if the lease provides that the landlord shall provide wifi, cable and the like yet disconnects those services, the tenant can bring a claim against the landlord for breach of the lease contract.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord refused to show the apartment I broke lease on, to a potential new tenant I have found, due to an alleged leak

I broke my lease more than 2 months ago, and per the lease I am paying rent until they rerent the apartment. They retook possession for my account, and my deposit was refunded without any issues. I was helping them find someone, and today the person I sent to tour it, was told that they are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 9, 2019

No. Why? Because of the timing.

Had you presented an acceptable new tenant immediately--you would be off the hook and the new tenant would get the leak fixed by the landlord. Since no one knows exactly when the leak started, and since you did not produce a new tenant as agreed until after...
Read more »

2 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Small Claims for Missouri on
Q: Who is the Respondent on a Garnishment Form?

I am filing a garnishment form (CV92) in Missouri. I am confused on if the Debtor or the Employer is the Respondent. I have Googled this and it's about a 50/50 split. So who do I list as the Respondent? The Debtor or the Employer?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 8, 2019

The petitioner and respondent are the parties to the underlying lawsuit. Respondent in the caption is not the employer.

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