Landlord - Tenant Questions & Answers

Q: My landlord is selling his property. Will I be able to fulfill my lease or will I have to move?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 29, 2016

Typically the buyer would take the property subject to and restricted by your prior interest as a tenant unless the lease states otherwise. Unless the lease states otherwise, the new buyer would then become your new landlord. You would then have all the same rights against the buyer as you had against the original owner and the buyer will have all the landlord's rights against you.
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Q: Are we required to offer a 30 day notice after receiving a non-renewal notice?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Jul 28, 2016

Review your lease agreement for the details. As a general rule, tenants are not required to provide notice of non-renewal UNLESS the lease agreement requires notice. You are correct that the landlord is taking two inconsistent positions--if you vacate per a landlord request, a tenant should not pay rent for a month after vacation OR you pay rent for one more month and the vacate notice is nullity. You may need to contact a lawyer. Free to low-cost services can be found at this link:...
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Q: Okay. One more question. About tenant laws

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jul 28, 2016

Sorry, but there is no good answer here. However, it seems to me that the utilites getting cut off may, oddly, HELP get them out- its going to be hard to stay anywhere without air conditioning and electricity so maybe if they get cut off, your tenants will move. The bill is in your name, so they won't pay it, they are just using you, but this will get them out. The downside is, of course, you will have to pay the past due bill and the re-connection fee to get power restored. Don't blame the...
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Q: Hello.I am in TN. I have a signed lease (just my name) I subletted my apartment for personal reasons lasting 2 months.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jul 27, 2016

One thing for sure- always put the agreement in writing, its just good business and it helps AVOID disputes. But thats for next time. As to these folks, they are tenants (even if your landlord didn't know about them and there's no written agreement). If they paid rent weekly, its a weekly lease, If they paid monthly, its a month to month lease, and a month to month lease can be terminated on a months notice. When you "gave them 30 days" hopefully you mean you gave them a WRITTEN notice ( and...
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Q: After living here and paying rent on time for 2 years, I don't see how this is legal?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 26, 2016

I believe "normal wear and tear" is not, by definition, due to tenant negligence.
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Q: I have a tenant breaking a lease 4 months early to buy a house. What can the tenant financially be held liable for?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Answered on Jul 26, 2016

If there isn't an early termination provision in the lease, you can sue for the remainder of the lease. Just make sure when he turns in the keys he understands that you are taking the keys to secure the house, not as acceptance of his early termination.
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Q: I rent a room in a house where all the rooms are rented out. The landlord told me via text that I am to move out of the

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 25, 2016

Probably, assuming you don't have a written lease, and you pay weekly. Essentially he is giving you the required notice to move out, as preparation for an eviction action (if you don't move out). So you take it or leave it: either move to the smaller room or move out entirely.
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Q: Contractors came into my apartment to measure for a microwave and back splash. Can my rent be raised before lease is up?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for North Carolina on
Answered on Jul 25, 2016

It will depend on the terms of your lease. Generally, rent is set for the term of the lease (in most cases, one year). Unless there is provision in the lease that allows it to be raised during the term, then the answer is no. If you don't have a written lease, than most likely you are month to month and the rent can be raised at the beginning of any month.
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Q: Can I with hold rent due to the landlord not repairing the ac..leaks..and everything else he was suppose to fix?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 25, 2016

You may not withhold rent without proper notice to the Landlord, which usually takes the form of a seven-day notice to cure.
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Q: Received letter from association stating that landlord has not paid dues and we must pay them. Can landlord evict?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 25, 2016

What the association attorney has told you is essentially correct. For details, see the following section of the Florida Statutes:

"720.3085 Payment for assessments; lien claims.—

...

(8)(a) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the...
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Q: State of Florida do I pay rent to landlord even though I'm in the process of an eviction summons

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 24, 2016

Yes, whether or not you are evicted, you will owe the rent anyway. Are you being evicted for non-payment of rent, or for some other reason?
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Q: at the end of my lease my rent went from 1090 per mo to 1188 per mo can they raise much

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 24, 2016
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Q: My current lease with our tenants doesn't have a specific clause about "no alterations or improvements to property".

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jul 23, 2016

The problem is, is removing the tree a repair, and is it damage? Generally adding something like that is not detrimental to the property, and trees often enhance the value to the property. Where you did not have a clause in your lease, it would be best to not charge the tenant, as if they successfully challenge the charge, it will cost you twice what you withhold, plus their attorney fees. http://www.oregonlaws.org/ors/90.300
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Q: Is there a fair housing law that would prevent landlords from accepting more than one application per unit at a time?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 23, 2016

It appears that the application fee is nonrefundable, and paid for the privilege of being considered. If it is not clear in that regard, demand your money back. Otherwise, you got what you paid for.
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Q: Landlord says we can have a dog. Signed lease only because of this. Now he says no dog. Is this misrepresentation?

1 Answer | Asked in Landlord - Tenant for Minnesota on
Answered on Jul 22, 2016

Sounds like a reasonable argument, but do check the terms of your lease agreement, there may be a specific clause about pets and there may be a clause dealing with oral representations.
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Q: Landlord inspection but he didn't show up on the date. Can he still enter at any time the following week?

1 Answer | Asked in Landlord - Tenant for Minnesota on
Answered on Jul 22, 2016

He needs to make a good faith effort to give reasonable notice of his intent to enter.
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Q: It has been 30 days since we left the FL rental house but we cannot get our security deposit returned.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 22, 2016

You should review Section 83.49 of the Florida Statutes, which provides the specific details of your rights regarding this deposit. You will note that, among other things, the landlord is required to either deposit the money in a separate trust account or post a bond with the Circuit Court. So you could check with the court to see if a bond has been posted. If not, it appears that you would have to file a small claims action.
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Q: How long does a landlord have to give notice to take back house

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Jul 21, 2016

Pursuant to Section 83.57 of the Florida Statutes: "A tenancy without a specific duration ... may be terminated by either party giving written notice ... as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month,...
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Q: My landlord didn't prorate my last month rent and won't return my money timely, what rights do I have?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Jul 20, 2016

I would suggest contacting a landlord/tenant attorney to discuss your options. They would be able to look at the situation and better advise you as to if you were entitled to the rent even being prorated.
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Q: Can the same charge be duplicated in separate filing against 2 tenants in the same apartment?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jul 20, 2016

Yes, appeal it. There was one debt ( the balance of the rent) and some partial payment was made on that debt. The debt has been reduced. They can't collect it twice.
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