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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord deduct labor costs for fixing damages from the security deposit?

My landlord has charged $150 for labor costs from my security deposit for things I didn’t damage and that were documented in my walk through. The labor cost is to cover fixing a ceramic wall mounted toilet paper holder that broke a few days after we moved in that we documented. Normal wear and... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 7, 2020

Labor for what? You should ask for an itemized list of the things that required labor. If its to fix wear and tear (for which you are not responsible), I think she's full of it.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord evict me because the police have been to the home multiple times?

We just signed the lease in June and now my landlord is trying to evict me because the police have been at the house multiple times.

Brent T. Geers
Brent T. Geers answered on Aug 7, 2020

Depends on how and why the police are involved. If it's drugs, then yes. Even if there is not cause by law, obviously the landlord will be keeping a eye on you, and so you may want to think about 1) what you can do to not have so much police contact at the home (because that reputation can... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: In pinellas county Florida can a landlord evict me in 3 days with a pandemic?

Called the management team in the office said they would work with me and then gave them $ 200 said I would have until 8/19 they lied put a 3 day notice on my door

Barry W. Kaufman
Barry W. Kaufman answered on Aug 7, 2020

They cannot evict you in 3 days. Read the notice. However, if you don't pay the rent in full by the end of the 3 days they can file a complaint for eviction subject to the governor's executive order governing eviction actions during the pandemic. It doesn't matter what anyone told... Read more »

2 Answers | Asked in Landlord - Tenant for California on
Q: Can landlord give the property to someone else if the lease was signed and rent was paid and keys were given already?

We signed lease papers and paid first month rent and deposit . Were given a receipt along with keys to the property and the next morning got a call saying they were gonna give it to someone else Is that legal?

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

No. After the lease is signed by all parties, you have an enforceable contract to rent the property. BUT, do you really want to start out a relationship with a screwy LL like this? I would not want anything to do with them. You may be entitled to recover damages from them if you have increased... Read more »

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1 Answer | Asked in Landlord - Tenant for California on
Q: My landlord recieved a summons to appear in court with my name on it. I live in a different residence. Was I served?

The envelope had her address but my name on it. I live in a different city and county then she does.was I leagaly .served. I have never seen or touched this document.

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Substituted service is allowed when the process server cannot find the person at home but there is someone there over 18, then they mail it to the address. But you said this was at a different residence, city and county. The problem is that if you ignore it, you could end up with a default... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Renters Rights

Owner in house said $600 when I said rent room plus $600 last plus $98 utilities. Promised me verbally I would have the whole upstairs to myself WITH PRIVATE BATH. 2 DAYS LATER RENTS ROOM NEXT TO ME TO SHARE MY BATH. NOTHING IN THE RENTAL AGREEMENT SAID ANYTHING ABOUT IT BUT HE VERBALLY PROMISED.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Request your LL refund your deposit, and give him notice you are moving out, immediately. Move out and plan to go to Small Claims Court. Next time, get a written rental agreement, dated and signed so you have proof of what the agreement was. Renting a room on a handshake and a kiss is not... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: 3 bed/2 bath apartment was advertised as split 3 ways. Roommates threatening legal action if their rent is not lowered.

One roommate has contacted a lawyer regarding this issue. They are threatening to not pay their rent until I give into lowering their part of the rent. I am on a lease with Essex and my father is the guarantor. My father and I do not want this rent change to happen as it would increase my portion... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

Serve them with a three day notice to pay rent or quit. Follow up with filing a UD action and serving them. In the future, to not let anyone occupy the property until you have a WRITTEN RENTAL AGREEMENT with them that clearly spells out the property they are renting and the amount they are going... Read more »

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I live in Washington state at my parents house they kick me out kept all my belongings do I have compensation
Kevin M Rogers
Kevin M Rogers answered on Aug 6, 2020

It depends. Were you renting from them? Did you pay them rent and have an actual rental contract? Probably not. Therefore, it's a "mom & dad" thing, huh?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I am 18 years old, living w/ parent in Oregon, I do not pay rent. Am I a guest or tenant? Can I be evicted for cause?

I received a 30 day notice (for cause) from my parent saying I am a guest and not a tenant. It says that "in the event that you were determined to be a tenant, pursuant to ORS 90.392, you are in default for your occupancy of the Premises" and "given the nature of these violations you... Read more »

Gregory L Abbott
Gregory L Abbott answered on Aug 6, 2020

IF you both do not pay rent and have never agreed to pay rent (regardless of whether you actually paid it or not), you likely are not a tenant and, as you note, are then not subject to landlord-tenant laws. If you do not vacate within the 30 days, the only legal option under that notice your... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As a landlord in Orlando, Florida who is renting a unit. Can I require the tenant to muzzle their pit bull when outside?

My tenant brought in a dog we had agreed to with an increase of rent and the condition that it be muzzled for the protection of others. She is now refusing. Can I require her to do so and take another actions?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

Probably, assuming that the lease was properly modified to that effect, in a writing signed by both parties.

1 Answer | Asked in Public Benefits and Landlord - Tenant for Virginia on
Q: Do I have the right to take security deposit interest back?

The lease agreement says in Your security deposit will be deposited and held in an interest bearing account in a federally insured banking institution. But the landlord said Virginia law was changed in 2014, removing the requirement that interest accrue on security deposits held by landlords unless... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 6, 2020

Since the law states :unless agreed to otherwise" and you reported that you agreed in the lease that the security deposit would be interest bearing, the landlord is bound by the terms of the lease and the law to accrue interest on your security deposit, however, you have no right to demand the... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Maryland on
Q: Good afternoon. This is a mix of landlord-tenant and person injury. I'm from the state of Maryland. Here are the basics

a/c not working

2. She came on the morning of July 21st with an HVAC tech. The HVAC tech told her there was a problem, but I don't know the full extent. All she told me was the coils needed to be replaced, because the unit is 25 years old that was impossible so I assume she was told... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2020

It depends on what exactly the libel, fraud, and intimidation were, what the surrounding circumstances were, and what damages you incurred.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How long does a landlord have to charge me for "damages?"

I moved out of my apartment on 6/24 & got a final statement of $0 on 7/17. I received a new statement on 7/30 for $35 for broken blinds. It is my understanding that it should fall under normal wear and tear. The blinds cost $6 at any local store. Can they really charge me this especially since... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 6, 2020

Yes they can, and it doesn't matter than blinds cost $6.00 at some store. The LL has to pay someone to remove the old blinds and install new ones. Why would broken blinds be normal wear and tear? Dirty blinds, sure.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: tenant welcome letter stated we had a month free rent but then stated we owed full amount after we paid what was due, le

Our property management company sent us a welcome letter stating we did not have to pay rent for the first month due to a special but later stated we owed for the month after the invoice was paid. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 6, 2020

This question cannot be answered properly without actually seeing the "welcome" letter and "invoice" and the written lease you signed.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Dear Lawyer! Our landlady emailed us that she changed our apt lock and we need to schedule an appointment to enter.

We are currently outside US and we received this news without stating any reason for the lock change. Also she said she will let us into our properly paid apt only during office hours and after a personal appointment (during pandemics!). We live in South Miami, Florida; international students from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

The easiest solution would be to schedule the appointment.

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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Wisconsin on
Q: Am I relieved from rent, considering that I haven't been living there since earlier this March due to covid-19?

Hi. So the apartment that I was living in filed for bankruptcy this past June. I have tried to pay rent but now I am wondering if I am relieved from that, considering that I haven't been living there since earlier this March due to the whole Covid-19 situation. If you could let me know I would... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2020

Probably since they are in bankruptcy, no one will pursue it although the bankruptcy trustee could pursue it if he so chose.

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Landlord not returning security deposit

I am living in Bloomington Illinois. Last month we were planning to move out of our current unit (3rd floor) and move in to (1st floor) same building. The person moving out from 1st floor is my friend. We both went on June 19th and he gave a move out from July 19 and I gave move out from 3rd floor... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

If the $600 was a non-refundable application fee, then they don't need to return it. If it was a security deposit, they need to return it within 30 days after you move out. Usually landlords don't take security deposits until you sign the lease.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved into a house that hasn't had a move-in/out inspect for 5 yrs. Am I be liable for damages from before I moved in?

I have 1 roommate who has stayed in this house since 5 years ago, and me and another tenant moved in to replace her old roommates. The management company has not done a move-in or out inspection because they only do it if every tenant on the lease vacates the property. The security deposits have... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 5, 2020

The answer to your question depends on how the landlord will act at the time you end the lease and move out. Without evidence of the condition of the premises on the day you moved in, it will be impossible to establish the condition of the premises on that date. Therefore, it will be impossible to... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can my landlord sue me for this?

I moved out of my apartment on 5/31 (the end of the lease) and now they are sending me a bill for $2,700 because apparently I was required to give 60 day notice to move out. Is there anything a I can do to dispute this?

Julie Fowler
Julie Fowler answered on Aug 4, 2020

Often a lease requires a certain amount of notice to terminate. If the period of time is reasonable, such as the Court may say 30 or 60 days as reasonable notice, then the Court will generally enforce a lease agreement entered into between the parties that requires the tenant to give 60 days... Read more »

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Small Claims for California on
Q: Manager retaliatory issue that includes harassment,bullied, rent overcharges upon a mentally challenged tenant & they

They refuse to work out. Would of settled 2mo. No charge but no more. Ive hadit.$500-700$+ rent overcharges manager refuses to make good, belittles me, harassed, maintenance guy violated privacy, theft never sent letters i wrote to owner & seriously MORE issues!!

Joshua D. Brysk
Joshua D. Brysk answered on Aug 4, 2020

For residential rental issues involving a mentally challenged person: contact Disability Rights Advocates https://dralegal.org/contact-us/ or check with your local bar association for a referral to another non-profit

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