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Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am disabled, 57 years old and a single female. I have been living in a 55 + condo for 20 yrs . About a year & 1/2

ago, my daughter and my 2 young grandchildren (ages 5-6) moved in with me due to domestic violence . She has a final restraining order. I have been taking care of them while my daughter worked.

I have a physical disability (spinal stenosis) and a traumatic brain injury from a serious... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Mar 29, 2023

A summons is merely notice that a complaint has been filed with the Court. You failed to state if a complaint was annexed to the summons. If you are the owner, you must comply with the HOA documents. A complaint would mention what acts are in violation. So it is difficult to describe what you must... Read more »

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Legal Malpractice and Sexual Harassment for New Jersey on
Q: I have been charged my the apartments attorney (no0police involved) of NJSA:18-61.1(b), and 2A:18-61.1(d) and NJSA:18-6.

I am severely disabled, I am 5’3”, 90 lbs, broke my spine on their porch, I am getting attacked by 3 grown muscle men and I am scared, frightened. And all the other lies have no basis nor was I allowed to give my side of the events. They basically have it so i can only breathe in here. Please help

Morris Leo Greb
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Morris Leo Greb
answered on Mar 29, 2023

It appears from reading your question that seeking advice from an attorney that pracrices criminal law would be more appropriate. It does not seem to be a matter that mainly involves a tenancy problem.

1 Answer | Asked in Landlord - Tenant for California on
Q: what documents should i request from hotel unlawful detainer discovery , bed bugs ,retaliation and wrongful eviction

i was not aware of the discovery process because the attorney of property is using a very very aggressive method. Not to mention they have been hacking my computer middle man attack so emails interrupted, evidence, They have been slowing me down which is why im delayed in my discovery all my... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

If you are in an unlawful detainer lawsuit against a hotel, there are several documents you may want to request as part of the discovery process. These documents may include:

Maintenance records: If you are alleging that the hotel had a bed bug infestation, you may want to request...
Read more »

1 Answer | Asked in Landlord - Tenant, Estate Planning and Real Estate Law for California on
Q: Our family will be evicted after April, 01, Los Angeles County?

We have been living in a condo apartment for over 4 years, paying rent on time without any roommates. However, our landlord has been attempting to evict us using various methods since last year, possibly to rent out the place for a higher price.

With the upcoming change in rental law from... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

Under California law, landlords can only evict tenants for specific reasons, such as nonpayment of rent, violation of lease terms, or illegal activity. In order to evict a tenant, the landlord must provide written notice of the reason for eviction and give the tenant a certain amount of time to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: my landlord sent us a bill for the water for the last year and a half.

My landlord charges us for water every 2 months. We constantly had to ask him to send it and he would always say he would but never would send it. He just stopped sending the bill and then he unexpectedly sent us the bill for the past year and a half. Is this legal? There was no conversation of him... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

Under California law, landlords are generally allowed to charge tenants for water usage, but they must provide notice of the charges and the method of billing. Landlords must also comply with certain requirements related to the calculation and billing of water charges, including providing accurate... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord refuses repairs for running water pressure more than a drip that can fit through a straw. What can I do?

Landlord refuses to return emails requesting a repair date. Any time I ask for a repair he tells me I should move. Constantly feel intimidated that I will be kicked out. When I ask for a repair or a date of a repair he loses his temper and ignores any contact. Has not installed fire detectors for... Read more »

James L. Arrasmith
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answered on Mar 29, 2023

If your landlord is refusing to make necessary repairs to your rental unit, you may have legal options to compel him to do so. Under California law, landlords are required to maintain a safe and habitable living environment for their tenants, which includes providing running water, proper... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I live in a apartment in California. Because of a state audit they're making me get rid of a mini fridge and freezer?

I've had no problems with them at all over the years and all of a sudden they have a state audit and want me to get rid of them. Is this okay? Theyve come and inspected my house several times and no issues with the mini fridge and freezer.

James L. Arrasmith
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answered on Mar 28, 2023

It is possible that the state audit has revealed that your apartment is in violation of certain health and safety regulations, and that the presence of a mini fridge and freezer is considered a violation. Health and safety regulations can vary by state and even by locality, so it is difficult to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord is trying to charge me for damages after the 21 days and didn't send receipts. Can they take us to court?

I live in california and we had recently moved out of our duplex. We messaged the land lords 3/3 that we were officially out of the place. And they had a 3rd party call to pick up the keys from us at a mutual location on 3/6. Flash forward to 3/27 we finally received a letter regarding our deposit.... Read more »

James L. Arrasmith
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answered on Mar 28, 2023

Under California law, landlords are required to return the security deposit to tenants within 21 days after the tenant moves out of the rental unit, along with an itemized statement that lists any deductions made from the deposit and provides receipts or invoices for the charges. If the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord is trying to charge me for damages after the 21 days and didn't send receipts. Can they take us to court?

I live in california and we had recently moved out of our duplex. We messaged the land lords 3/3 that we were officially out of the place. And they had a 3rd party call to pick up the keys from us at a mutual location on 3/6. Flash forward to 3/27 we finally received a letter regarding our deposit.... Read more »

James L. Arrasmith
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answered on Mar 28, 2023

Under California law, landlords have 21 days from the date that the tenant vacates the property to provide an itemized statement of deductions from the security deposit, along with any remaining balance of the deposit. If the landlord fails to provide this statement within 21 days, the tenant may... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can you claim ownership of a home you’ve been living in 17 years?

My grandmother has lived in her home since 2005-2006. There was never any written agreements for tenancy nor was the house sold to her. It was a verbal agreement between her and a friend that she was allowed to live there. Since, the owners have passed away and their daughter now owns the home.... Read more »

Charles Watts
Charles Watts
answered on Mar 28, 2023

Potentially has adverse possession claim, however if she was there with permission then that removes the adverse aspect. Contact a real estate attorney for your best advice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: In an eviction proceeding in Texas, can a new owner of property pick up where the previous owner left off?

Can a previous owner’s forcible detainer, just be picked up by a new owner and continue with the process or does new owner need to start a new eviction process?

John Michael Frick
John Michael Frick
answered on Mar 28, 2023

The new owner can substitute in as the plaintiff and continue the pending suit

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can my ex landlord keep my deposit just cause she wants to ??

I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 27, 2023

In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If I have a year lease can land lord go up on rent even if my year not up
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 27, 2023

Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Can we sue a property manager for not following through with a property following an eviction, result significant damage

I am an out if state owner that the property managers evicted a tenant and did not follow through with maintenance of the property resulting in bursting of pipes and significant damage during cold weather. Management is aware we are out of state and also recently went through a detrimental... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 27, 2023

That is a suit by you against your own management co. General Sessions might be available. You will have the burden of proving Breach of Contract resulting in Damages.

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1 Answer | Asked in Landlord - Tenant for California on
Q: IN A UNLAW DETAINER HOW WOULD I GET THE FALSE PEST CONTROL REPORTS DISMISSED BEFORE TRIAL BEFORE INTRODUCED TO COURT

THE PROPERTY ATTORNEY HAS BUILT HIS CASE OFF OF THE FALSE REPORTS FROM PEST CONTROL INSPECTIONS. BUT THE REPORTS STATES NO ACTIVITY WHICH IS NOT PROPER GRAMER DOEST SPECIFY RATHER THEY EXIST OR NOT .

James L. Arrasmith
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answered on Mar 26, 2023

If you believe that the pest control reports are false or inaccurate and have been used as evidence in an unlawful detainer case, you may be able to challenge the reports and have them dismissed before trial. Here are some steps you can take:

Gather evidence: Collect any evidence you have...
Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: landlord gave a new lease to another buyer while my lease is in effect. I have settlement but landlord mia, what to do?

i have a settlement from the court but the landlord is dodging it, waiting until my lease is up. i brought him a new tenant for the business, but now the new buyer and landlord are trying to backdoor me so i dont get any money for my business. My buyer even paid the backpay, so he is not a bonified... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 26, 2023

It sounds like you are in a difficult situation. If you have a settlement from the court, but the landlord is not complying with it, you may need to take legal action to enforce the settlement agreement.

One option is to hire an attorney to help you navigate the legal process and enforce...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: How much time is required to give a Tennant notice that the property has been sold and Tennant is evicted

I've received a three day eviction notice from persons claiming to be the new owner of the property I live on

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 26, 2023

Typically, when a property is sold where a tenant is residing, the new owner assumes the lease if there is one. If there is no lease, then the tenant is on a month to month lease and notice by either party is much shorter (usually 30-60 days depending on the how long the tenant has lived there).... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: How do I establish a trust account to hold tenant deposit money in North Carolina?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

First, find a financial institution that is properly authorized in North Carolina. Next, confirm that they offer tenant trust accounts. (Some institutions may call them "escrow" accounts.) Then ask them as many questions as you need. For example, you may want to confirm what documents and... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is it legal for a landlord to send harassing, threatening letters through an attorney?

I have received several harassing/nuisance letter from my complex attorney's office after I reported being threatened by an individual in my complex that isn't on the apt lease according to her family.

James L. Arrasmith
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answered on Mar 24, 2023

Under California law, landlords have a duty to provide their tenants with quiet enjoyment of their rental units. This means that landlords cannot engage in behavior that interferes with a tenant's right to peaceful and quiet enjoyment of their rental unit. This includes using harassing or... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord use a 3 day covenant or quit notice as leverage after your current lease year if up?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 24, 2023

Under California law, a landlord can use a 3-day notice to pay rent or quit if a tenant has not paid rent, or a 3-day notice to perform covenant or quit if the tenant has violated a lease term or obligation. However, the use of such notices must be done in good faith and cannot be used as leverage... Read more »

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