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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Missouri on
Q: If you have previously used a firm, can someone suing you use the same firm; just a different attorney?

My husband is being sued by a landlord from about 5 years ago for a "breach of contract". This landlord is using an attorney from the same firm that my husband has previously used. Is this a conflict of interest? It is a different attorney, but the same firm.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Feb 20, 2020

A conflict of interest arises only if the attorney learned information about you in representing you previously that s/he could use now against you when representing the new client. It does not automatically arise from the attorney’s prior representation of you. There is not enough information in... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I live in florida and have a renter's lease till June. New owners just told me that they are raising my rent in March.

Can they do that?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 20, 2020

If you have a written lease through June the monthly rent is what it says it is. My guess is that the new owner/landlord is telling you the your rent is increasing at the end of the written lease.

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Landlord is withholding some of our deposit claiming that it costs $700 to replace 3 blinds
Donald C Eby
Donald C Eby answered on Feb 19, 2020

Review the Colo Security Deposit Act...This provides an means for tenants to recover wrongfully withheld security deposit money and if the LL forces the matter to court and loses the damages may be tripled plus attorney fees.

1 Answer | Asked in Landlord - Tenant for California on
Q: What are we able to do if our landlord disposed of our personal property while we were still living there?

They are also withholding a portion of our deposit for things they did to the property without our consent to enter the premises and without notice for us to fix them before our move out date.

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 19, 2020

Take them to small claims court. Best of luck

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can you be evicted from a apartment via text message
Derek John Soltis
Derek John Soltis answered on Feb 18, 2020

No, to he truly evicted requires more than a text message. To be evicted once you have established residency, requires a court order after a hearing and the sheriff locking you out of the property.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I get an eviction notice for a no rental agreement roommate situation for the cause being fowl odor etc
Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2020

First, is there a landlord-tenant relationship here or just a guest staying beyond their welcome? Then, only the landlord can terminate a tenant's tenancy, NOT a roommate unless they are also the landlord. Foul odors likely come under the failure to keep the premises clean and sanitary. If there... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: There is no written rental agreement just a room mate week to week verbal I need to evict her for no cause in oregon

I need a form to evict that says no rental no cause eviction/vacate

Gregory L Abbott
Gregory L Abbott answered on Feb 18, 2020

Stevens-Ness or MultiFamily Housing NW both publish almost any form a landlord could need. Whether they are appropriate for your needs or whether you fill them out correctly is a different potential issue. Both are available online. Good luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: how long does a landlord have to respond to a written security deposit dispute in California?

if a tenant calls us to state they don't agree with the charges, we instruct them to provide their disputes in writing to us. upon receipt of that written dispute - how long does the landlord have to respond?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 18, 2020

A landlord has a reasonable period of time to answer. One or two weeks max, would be appropriate. Best of luck.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If not rent, what is it called? i know is a form for rent that gets written and signed, what form would be needed now?

I pay 150 dollars every month on the 20th to be able to stay at my familys house. She says the money goes to the cable and wifi bill, thats in her name. Im not allowed to call it as rent, what would it be called? I believe it's because she dont want to claim she gets rent because it will mess up... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Feb 18, 2020

Whatever you call it, it is 'income' to her (whomever 'she' is ....) and it may or may not disqualify her from receiving SSDI, Without seeing the details and discussing what is REALLY going on here -- for example, why do you care what it is called?

If this is causing you or her issues (and...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: We Have 8 mo left on a one year lease but the landlord has sold the home..what rights do we have?

On Sept 26,2019 We signed a one year lease. We knew the house has been for sale, but the landlord assured us repeatedly that if it sold the new owners would be required to honor our lease. Well he now has an offer, but the new owners want to take ownership in 90 days. We need to know what our... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 18, 2020

Under Florida law the landlord must abide by the terms of the written lease--meaning you can stay on for 8 more months; but in this case that might not be your best option--because the new owner wants you out early.

Suggestion: Try to make a deal that includes the landlord's offer--but...
Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I bought a house with a month to month tenant. What is the eviction process if we have no rent agreement?

I have given written and verbal warning their month to month agreement will not sustain after Feb 28th. I have offered money for keys by March 30th.

Paula J. Mcgill
Paula J. Mcgill answered on Feb 18, 2020

If it is a month to month tenant, you take subject to the tenancy. Unless, there is a shorter period agreed to by the parties, you must give 60 days notice. Once the 60 days notice had ended, you must seek court intervention to remove them.

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Small Claims for Florida on
Q: What size of "holes" in walls are considered normal wear & tear? Landlord claims we damaged/ruined walls w/ sloppy work

We used anchors to hang TVs, pictures etc. and we did our absolute best to try and patch up and paint over however each and every patch/repaint location was marked by our landlord for as he puts it "repairing all the walls that were damaged with the sloppy patching you did throughout the entire... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Feb 18, 2020

Well we don't have any statutory authority of what actually defines normal wear and tear. I would think holes in the wall would not be normal wear and tear but that depends on the overall condition and what your landlord has to do to cover up the attempted repairing of the holes. For future... Read more »

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2 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Commercial Sublease: Do I have any rights?

I am subleasing an office space in Orlando. The sublessor has been late the last 4 months even thought I paid my rent to them. As a result, the property landlord has sent me eviction notices the last 4 months. Ultimately, by the middle of each month, the sublessor remits payment. I can not go... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 18, 2020

It will depend up the terms of your sublease, but yes, perhaps. Consult with an attorney who can review the sublease document and all surrounding circumstances.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord told me 2 was ago that I didn’t need to redo patch work After getting offer. Now he says I do. Do I?

He received an offer on his home and told me I didn’t need to redo the patch work I supposedly “ruined his walls” with. After his inspection recently fell thru, he now has text me that he is getting quotes to repair the patch work to the tune of $2150. Interestingly enough, my security... Read more »

Linda Liang
Linda Liang answered on Feb 17, 2020

If you don't have anything in writing that he waived his requirement, you will have to repair the wall. You can repair yourself or hire someone cheaper though.

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I do a no cause eviction in Lincoln City, OR if I own the property, live in one unit and rent out the other unit?
Katherine Goodman
Katherine Goodman answered on Feb 17, 2020

Depends on a lot of factors such as how long the person as been living there, if the tenant has a month to month lease or a fixed term lease (generally 1 year) and potential other factors based on whether it is a fixed term lease or a month to month lease. I would recommend contacting a local... Read more »

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do I need a divorce decree to remove a tenant who has left the marriage, and the apartment, off a lease?
Katherine Goodman
Katherine Goodman answered on Feb 17, 2020

If you are a landlord with a valid lease agreement with the tenant then you will need to evict the tenant for cause. However, there are a lot variables that would need to be known before giving you more advise if you are the landlord.

If you are not the landlord and you are just the...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Am I liable for supposed water damage on a rental home if we never had any issues and never left windows open?

We recently moved out of a rental home and our landlord is looking for reasons not to give our security deposit back. We have been out for two weeks, and he sent photos of “water damage” That a “water damage specialist found”. He said the water marks show that water came from the window... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 17, 2020

Go look at the alleged water damage to find out if the landlord is being honest or just gaslighting.

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1 Answer | Asked in Landlord - Tenant and Personal Injury for Mississippi on
Q: What is my recourse for landlord inaction to contaminates in my apartment that are causing skin rash and constant itch?

Also have mold growing in the apartment due to the leaks in the windows and doors. The contaminates are coming out of the cracks in the walls. I’m vacuuming twice a day trying to keep ahead of the waxy particulates that are coming from the walls getting worse it’s been three months it is... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 16, 2020

You may need to speak with two different attorneys here. Maybe the more pressing issues are those involving habitability in your apartment. Contact a landlord-tenant attorney to discuss your remedies under Mississippi L-T law. You could also contact a personal injury attorney. However, based on the... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I sublet a part of my rental space without a landlords approval where I have no lease with the landlord?

Hey I am renting a room in a house without a lease is it possible to sublet a part of what I am renting without the landlords consent?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Feb 15, 2020

Yes, it is possible. But it would be better if you got the landlord's approval. Best of luck.

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