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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I do if the locks were changed and all my possessions were thrown out?

I am a 67 years old disabled wheelchair bound senior citizen. I have lived at 35 Woodbine Street for 49 years. In June 2023 my brother gifted the house to his daughter for $1. On June 20 she sent me a text telling me I have 60 days to move out. On August 20th I text her back stating I needed more... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Nov 23, 2024

This appears to be an illegal eviction and destruction of property, with several legal violations given your specific circumstances.

1. Illegal Self-Help Eviction

- Your niece's actions constitute an illegal "self-help" eviction by changing locks and removing...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If a tenant gave me a 3-day notice that they are moving out of the property, do I still give them a full deposit back?

I did not have them sign a lease, as this is my first time being a landlord.

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Nebraska Legal Aid put together a handbook with some of the more common questions for landlords and tenants in Nebraska. Some of the information is now a little data but it still has a lot of good information and resources.... View More

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How long do I have to file a case against my landlord?

I was incarcerated on the 5 th October 2024 while I was you jail .my personal property was stolen out of my private room . My

Gregory L Abbott
Gregory L Abbott
answered on Nov 12, 2024

It is not clear to me whether you have valid claims but if so, the likely most important thing you can do right now is to document everything as fully as you can. Notices, documents, witnesses, pictures, etc as well as proof of what you lost and its value. You have 1 year after the event to sue... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about people living and working on my property without my permission?
Charles M.  Baron
Charles M. Baron
answered on Nov 12, 2024

A court action against non-tenants being possessing property without consent is called an unlawful detainer action, or in some scenarios, an ejectment action (or both). So search for lawyers in your area who handle those types of claims. Some landlord-tenant lawyers will also handle those types... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: The Company that owns the land my mobile home is on, is trying to evict me accordingly that I am an unapproved tenant

pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 11, 2024

You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.

The duty to...
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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Can anything be done if During the moratorium & and a judge approved eviction that wasn't crime related or unpaid rent

Water got turned off by management 2 weeks prior to being thrown out of a home I owned and judge approved after 3tries by landlord. What can be legally done

John E. Roach
John E. Roach
answered on Nov 7, 2024

Depending on when the eviction occurred, your present circumstances, and other facts involving the eviction, you may now be eligible for expungement of the eviction. Recent Minnesota legislation has made it far easier to obtain an expungement in eviction cases and has expanded the reasons that... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Oregon, can landlord deduct $1000 repairs from security deposit instead of Billing tenant directly while living there?

Oregon tenant law, Landlord completed $1000 worth of repairs to property deducted the total from security deposit instead of billing tenant directly. Now he says tenant needs to repay the $1,000 to fill up the security deposit again. Tenant is on a 1 year lease until 1/1/25. Is it legal for the... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 6, 2024

The security deposit is to cover the costs of damages that the tenant is responsible for. A landlord is free to charge against it anytime and to require the tenant to restore the deposit's balance. You can request proof of the charges but this means the landlord doesn't have to advance... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.

This is the clause in my lease "• B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) February 28,. 2025 at I I :59 PM. Tenant has the option to extend this lease for an additional year by written notice 30 days prior to termination."... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 4, 2024

If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord...
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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: In a basic month to month rental agreement in California. Landlord has indemnification clause which is very unfair.

Is it legal for landlord to ask a new tenant to sign a rental agreement that is mostly protects the landlord and hold them free and harmless from any liability that might possibly happen while we occupy the premises.

Jonathan Kintzele
Jonathan Kintzele pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

This answer depends on the specific language of the contract or lease itself, but I have provided an answer that I hope can help.

Whether the least act issue is enforceable comes down to the specific language, especially of the particular provision referenced.

First, the landlord...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: how can landlord sue a tenenant for violating the landlord tenant act which he himself is already in violation of?
Julie Fowler
Julie Fowler
answered on Oct 31, 2024

It is common for each party to claim the other party didn't follow the terms of the agreement. If an action is brought against one party, it is very common for that party to file a counter complaint stating the ways that the other party didn't follow the agreement. You would want to... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How may my wife take over our apartment lease if the current leaseholder isn’t renewing?

My brother is the current leaseholder of our Bronx residence. Due to prior financial difficulties, I have been subletting from him for over five years without formal authorization from the property owner, and this arrangement lacks written documentation. My wife and I have cohabited in the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 30, 2024

Dear Bronx Tenant

Is this a Rent Stabilized apartment?

Does your brother also live in the same apartment with you and your wife?

If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.

If your brother is living in the...
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1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Someone broke into my shop, changed the locks, can I break into my own shop?

They are staying in a trailer next to my shop on my property. I just started the eviction process. They broke into my shop, switched the door and padlocked it and started filling it with their belongings. They never had any permission by me to enter my shop and they never bothered to ask for... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Call the local police immediately. You describe behavior that constitutes Burglary, Theft, Criminal Mischief and Trespassing. If verified, the police should arrest them. You will then be able to re-enter your shop, and remove their property since it has nothing to do with the eviction process. I am... View More

2 Answers | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the...
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1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
PREMIUM
James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Im a lisensee at familys house been living there 10 plus years but they changed the door locks and i cant get in..
Steven Warren Smollens
Steven Warren Smollens
answered on Oct 27, 2024

Dear Brooklyn Resident

Who defined your legal status as a Licensee?

If you are as you say then you may not have anti eviction protection like a tenant.

I wouldn't take your word for this.

Why not try to see if a Housing Court Judge in Kings County will...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Can I sue my CAP housing program for denying me an emotional support animal even though I have a mental disability?

My therapist was doing paperwork for one but the housing told me if I get an ESA I will get kicked out

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 27, 2024

Dear Catskill CAP Housing Tenant

I do not know what the basic pet ownership rules are for your Housing. An ESA is not a service animal. NY State has certain anti discrimination rules relat

ing to ESA animal companions that are more expansive than the Federal Rules.

I...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they... View More

Ross Cameron Hart
Ross Cameron Hart
answered on Oct 26, 2024

First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: 5-day late rent notice is undeliverable via certified mail (NY) - what other options do I have?

My family law attorney told me to seek help regarding this particular matter- it's outside the area of her expertise.

My mother, father, and grandmother (maternal) lived together for the last 30-ish years. My mom passed 3 years ago, and my father still has not moved out. The house is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 24, 2024

Dear Albany Family Member:

You hire an attorney for your grandmother who knows how to do eviction proceedings.

The only obligation created by the Legislation relating to the five day letter is that it is mailed by certified mail to the tenant. There is no further obligation....
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