Landlord - Tenant Questions & Answers

Q: If I am a renter in Puerto Rico and my landlord doesn’t help fix things in apartment how can I leave the contract?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not assumed by the landlord within a reasonable time period and as such this months rent shall be held and not paid as a garantee of repairs to be done and/or the down payment given at the start of the rental...

Q: Hello can my uncle evict my brother and sisters from his home even tho they lived there all they life and he live there

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
If they are 18 years or older, then as the owner of the home, he can evict them, whether or not they ever paid rent. They would be considered month to month tenants, and the owner can terminate their occupancy at the end of any month by giving them each a 30 day written notice to vacate. If they don't leave, then the owner can give them a 3 day written notice, and then can file the eviction action. An eviction becomes a permanent court record, and it can make it difficult for them to rent...

Q: Got a compliance letter to comply in 3 days. I'm surendering the property but other lease holder wont?

1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Answered on Oct 22, 2018
Ashley Dean Powell's answer
If you are willing to surrender the property and cooperate with the landlord, then you may want to try to talk to the landlord about being released from the lease in writing or some writing acknowledging that you have surrendered the property, keys, etc. Ideally, you would get details like the official termination/surrender date, your liability for any specific damages, waiver of your liability for costs to evict your roommate, and any other outstanding items between you and your landlord. Even...

Q: Can I access my rental property for assessment after giving 24 hour notice without tenants consent?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 22, 2018
Joseph Jaap's answer
Ohio law requires reasonable notice, which is typically taken to mean 24 hours, except in an emergency. If proper notice has been given, landlord can enter. But tenant could always object, or could file a police report if something goes missing. So for landlord's own protection, entry should be made with tenant present, or with a witness.

Q: Signed rental agreement in 2014 for month-to-month. Agrt provides a 30-day notice requirement. Is 30 sufficient or 60?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Oct 21, 2018
Gregory L Abbott's answer
As a general rule, particularly in residential landlord-tenant matters, Oregon law governs over the contents of a lease. If the tenant has resided there more than a year, at least 60 days notice is required to terminate their tenancy without cause - 90 days if the dwelling is within the Portland city limits.

Q: is it legal for my landlord to charge me for his rejecting my rent payments even thought the money was in my account

1 Answer | Asked in Landlord - Tenant for California on
Answered on Oct 20, 2018
Manuel Alzamora Juarez's answer
If you wrote a check to your landlord but there were no funds available in your account when his bank attempted to collect the funds from your bank account, then his bank would charge him a fee. This charge is an amount that your landlord would pay automatically. However, if the reason why he is being charged is your lack of funds which can occur in a microsecond, then you would be responsible. It is harsh, but that is the way he would see it. if you do not pay, your landlord may decide to...

Q: Hi. I'm in need of legal advice. I moved into my Beacon address 4/1/18 with a 12 month lease. Please read below:

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 20, 2018
Elaine Shay's answer
If you have a lease, you are responsible for the unexpired term of the lease whether you live in the premises or not. If you want to avoid that situation, you can attempt to negotiate with your landlord, or have an attorney do so on your behalf. Although the landlord may not be obligated to release you from the terms of the lease, some landlord's will accept a cancellation fee and agree to allow you to do so.

Q: My LL wants to renovate the building I am living in. Is it his duty to provide me with another residence? Year lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Oct 19, 2018
F. Paul Maloof's answer
Landlords renovate buildings all the time. There is no duty for the landlord to provide alternative accommodations unless the renovations make the premises uninhabitable.

Q: How long can a landlord hold a security deposit after I have moved out no money is owed for anything its been 48 days

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Oct 19, 2018
F. Paul Maloof's answer
Under the Virginia laws, a Landlord is required to submit an itemized statement of deductions from the security deposit within 30 days after possession of the premises is returned by the tenant to the landlord. The landlord is then required to pay whatever the amount of the security deposit to the tenant within 45 days after possession of the premises is returned by the tenant to the landlord. If the landlord did neither, the landlord is in breach of the lease. The tenant can file suit in the...

Q: Hi, my apartment management has decided to push a random "mandatory inspection" on us, with no ability to schedule?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Oct 19, 2018
Leonard Robert Grefseng's answer
Probably not, a lease is a contract, and a contract, once signed by both parties can't be modified unless BOTH parties agree. The existing, lease, however, may grant the landlord the ability to change or impose rules and regulations as needed from time to time, so you must carefully review your lease- I suspect more large complexes have a comprehensive form which allows "reasonable" inspection - but they are usually limited to normal business hours and some prior notice, etc. In the end,...

Q: Colorado tenant laws and what to do

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Oct 18, 2018
Ashley Dean Powell's answer
If you are referring to a cooking stove, the you should probably start by reviewing your lease to determine whether landlord has the duty to repair/maintain any appliances, including the stove. If you believe your landlord has a duty to maintain it, you should report the problem in the manner required by the lease (always best to have it in writing). If you are referring to a stove that is your main source of heat, then that may be a warranty of habitability issue; see below.

As for the...

Q: the landlord foreclosed on our leased home after 8 months. he refuses to return security deposit and last month rent..

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Oct 18, 2018
Salim U. Shaikh's answer
If LL is adamant not to refund your SD and overpaid rent then you have option to pursue refund through Small Claims suit.

Q: Landlord is claiming "lost rent" due to time he had to make repairs and could not show dwelling in said time.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 18, 2018
Joseph Jaap's answer
If you don't pay, landlord could sue you in small claims court, and you could argue that you don't owe it. The court would decide if you owe it. But the lawsuit would be a public record and could make it more difficult to rent from a landlord who checks. Even if landlord doesn't sue, landlord could make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks.

Q: I have a landlord who excepted rent money from me and showed up an hour later trying to evict me .

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Oct 18, 2018
Leonard Robert Grefseng's answer
Based on what you described, I would think YOU would want to live somewhere else. I know it is inconvenient, but maybe you should consider moving. The court system can't solve every problem, and your landlord sounds like a person to avoid.

Q: Housemates that are confrontational and create a hostile environment cannot be stopped with laws to protect you from it

2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Landlord - Tenant for California on
Answered on Oct 17, 2018
Dale S. Gribow's answer
i am a criminal/accident lawyer and this is not my area of law.

you probably have to pose this quasi family law question to a lawyer that deals with these issues.

it sounds like a terrible situation..........you can't sit down and try to work this out?

Q: In OR, we have issued a 30 day no cause termination for tenants. Tenants keep asking why? Legally, can we answer?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Oct 17, 2018
Gregory L Abbott's answer
You are not obliged to provide a reason in a no-cause termination notice. You may, however, if you wish so long as the notice states: 1) the notice is given without stated cause; 2) the recipient of the notice does not have the right to cure the reason for the termination; and 3) the person giving the notice need not prove the reason for the termination in a court action. Removal of the smoke detector likely violates local fire codes and could subject you to a fine - as well as, of course,...

Q: What can i do when a housemate screams at me and cusses me out in front of my 4yr old son?

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Answered on Oct 17, 2018
Dale S. Gribow's answer
if your answer is not to move then you have to work it out.

bringing police in will make things difficult from here on in.

I would try to talk to the party one on one in a calm manner and explain that if he has a problem with you in the future to just ask to talk and not scream in front of a child. Explain he would not have wanted you to do so in front of his family either.

Q: Does a tenet have the right to receipts for repairs deducted from a security deposit in New York?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Oct 17, 2018
Elaine Shay's answer
If you landlord has made a deduction from your security deposit because of alleged damage and you disagree with the action, you may commence a Small Claims Court action

Q: When can an abandoned animal be removed from an apartment where tenants have been evicted?

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for California on
Answered on Oct 17, 2018
William John Light's answer
Call Animal Control. It can enter with a warrant or under exigent circumstances.

Q: Is it legal for my landlord to go to other apartments and tell other tenants that we are selling drugs.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Oct 16, 2018
Joseph Jaap's answer
Ohio law provides that landlords can evict tenants if the tenants are even suspected of drug activity. So if you try to take any action, she might file an eviction. Talk to a local attorney

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