Landlord - Tenant Questions & Answers

Q: Can Landlord deduct the remaining balance of an estimate on damaged garage door from security deposit? The door was not

1 Answer | Asked in Landlord - Tenant for California on
Answered on Apr 19, 2018
Salim U. Shaikh's answer
Ref your question. First of all, ask LL to send/share with you at least three quotes that he received for replacement of garage door, if it really needed to replace? You will then be able to assess a fair and reasonable cost of door. What your LL is asking for is at a higher side. As LL is asking for balance amount, ask him the above info. Also ask him to confirm replacement of door, as otherwise, LL has raised a forged claim.
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Q: Can I keep landlord from constantly walking threw my garden and backyard?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Apr 19, 2018
Salim U. Shaikh's answer
Ref. your question. Two ways to handle your neighborly LL. First, verbally draw his attention to what he is doing ... throwing cuts at your side where you live and destroying veggie garden; secondly, if he still continue then send him a formal letter and ask him to stop his practice failing which you may take him to small cause court and seek damages, etc.
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Q: If a home is rented, w/o a rental license, is the lease valid (Wayne County, MI). Is there punitive recourse?

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Landlord - Tenant for Michigan on
Answered on Apr 19, 2018
David Soble's answer
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.
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Q: Can a tenant who pays rent, but is not on a lease in FL, get evicted even if he doesn’t cause problems?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Apr 18, 2018
Terrence H Thorgaard's answer
He would have no tenant rights because he would not be a lessee; you would. Whether you would be in breach of the lease for having "guests" such as your boyfriend and his son would depend on the terms of the lease. Review the lease before you sign it for restrictions on guests, etc.
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Q: If a landlord's claims your security deposit, does the letter need to be received or mail with 30 days?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Apr 18, 2018
Andy Wayne Williamson's answer
Yes. If the landlord fails to comply with the statute his claim against the security deposit will fail. Obviously if he can shoe the letter was sent timely that could be enough for him to make a claim. Then you have time limits to comply with in order to challenge the claim.

Good luck.
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Q: I rent a studio in basement in a home.My landlord and I have an agreement that they can enter to use the washer/dryer.

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Apr 18, 2018
F. Paul Maloof's answer
It sounds like you may have a claim for breach of the covenant of quiet enjoyment, but you would have to bring a claim at court and request a trial so a judge can make a decision to allow you to terminate the lease.
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Q: My electric has been turned off & and my lease ends 12/31. can the landlord charge me for the bill coming in their name?

1 Answer | Asked in Contracts and Landlord - Tenant for Kentucky on
Answered on Apr 17, 2018
Timothy Denison's answer
If it is in the agreement for utilities or another provision related to the electric bill, they can charge you. If it is not in the contract, it is not enforceable.
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Q: I'm subleasing through my roommate- is it legal for him to withhold landlord contact information?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Apr 17, 2018
Gregory L Abbott's answer
Understand that IF you are subletting from your roommate, then he is indeed - for all purposes - your landlord and it really does not matter if the master landlord cares where you park the car. Do you have a written rental agreement with the roommate? You sound as if you are familiar with ORS 90.300 and the requirements for a landlord to be able to charge you for carpet cleaning. In your sort of situation, even IF the rental agreement provides for it (did he really have them professionally...
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Q: as a homeowner what are my rights if i told a guest who is staying at my house NO Pets, and they later bring a pet ?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Apr 17, 2018
Terrence H Thorgaard's answer
He should give her written notice to leave and, if she doesn't, go to court to evict her.
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Q: Dear Lawyer, I want to know whether the audio records can be evidence in the court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
Yes they can -- if properly authenticated and properly introduced as evidence, and if the court accepts them, and there is no objection from the opposing party.
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Q: Tiffany G Booher Rented mobile home in October since then

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 17, 2018
Bennett James Wills' answer
If the tenants have breached the lease then you need to provide proper notice to quit, in writing, pursuant to your lease and/or statute. Following that, you would be required to file a detainer warrant for an eviction for a judgment of possession. If you have been sued, consult counsel to determine your options.
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Q: Can my landlord give entry to premises with no notice?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Apr 17, 2018
Bennett James Wills' answer
The landlord is required to give you reasonable notice (or notice per the lease) to enter the property unless there is an emergency. If you can show that you have somehow been damaged by the landlord's actions then you may have a cause of action for breach of lease or statutory violations.
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Q: How long in Ohio can an Landlord sue you for supposed damages?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
Landlord must give an itemized list within 30 days after tenant vacates, or tenant can sue for 2x the amount withheld, plus attorney fees. Ohio Revised Code Section 5321.16 states: Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a...
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Q: Can an Indiana landlord demand a 60 notice if the tenant does not intend to renew? A 45 day notice has been given.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 17, 2018
Alexander Florian Steciuch's answer
Standard notice to give on a year long lease is 30 days. You can agree in a lease agreement to more than the standard amount. Some landlords ask for 60.

If you agreed to 60 days notice then that's what is required of you.

However, this does not automatically lock you into another year or period if you did not give 60 days notice. You may be on the hook for whatever damages the landlord incurs if he or she is unable to find a tenant during those dates that no one occupies the...
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Q: My front door was kicked in by police/paramedics due to a medical emergency. Is it my responsibility to pay for?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
Check what the lease says for who is responsible for repairs. But if you want the door fixed, and landlord refuses, you might have to fix it yourself, then you can sue the landlord in small claims court, and the court will review the lease and determine if it is landlord's responsibility.
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Q: Me and my girlfriend name isn’t on a lease she is the head tenant can she just move out and put it in my name without m?

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Apr 17, 2018
Steve McCann's answer
The question is unclear, but assuming you are asking if your girlfriend can unilaterally transfer the lease into your name, it is highly unlikely, and is dependent on the terms of the lease. That said, I recommend organizing the lease and consulting with an attorney individually for a consultation.
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Q: what do I do if I learned my former landlord sold my rental and the new landlord forged my name on a renewal lease?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Answered on Apr 17, 2018
Peter H. Westby's answer
The first step is to have your original lease--the one you signed--reviewed by a real estate attorney. It may automatically renew by its terms. You may have the right to terminate. Once your attorney has reviewed the lease that you agreed to, he or she will be able to let you know your legal rights.
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Q: My wife was in hospital and was released and the next day I was told by the landlord that he had contractors on the way

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 17, 2018
Salim U. Shaikh's answer
LL can serve notice under certain conditions. However, under the given scenario, you may prefer recourse provided you are not a rent defaulter or delayed. You need to consult Attorney of your local jurisdiction in order to obtain Restraining Order plus a few months time to vacate subject to find a suitable premises.
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Q: I took over an apartment my son had and he was behind in rent. I was told I had to pay the back rent to stay here?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
If you are not abiding by the terms of your agreement you may be evicted, even if it is only a small amount. However, unless waived, a landlord is required to issue a 10 day notice to quit or make payment. You can negotiate with your landlord to avoid eviction as well.
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Q: How many tenants are allowed in a rental? Does it go by the number of bedrooms?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
However many tenants are allowed in a rental is going to be based on the square footage. Chances are high that there is a local ordinance that governs this wherever you are situated.
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