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Landlord - Tenant Questions & Answers

1 Answer | Asked in Civil Litigation, Estate Planning and Landlord - Tenant for Missouri on

Q: My question is about a TOD and a verbal contract

If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »

Nina Whitehurst answered on Aug 23, 2019

Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: I am a tenant in jasper Alabama and I havent paid this month rent and my landlord shut off the electricity yesterday

He refuses to turn it back on until I pay rent. I am disabled and my 76 disabled mother lives here with me also. Can he legally do this?

Bennett James Wills answered on Aug 23, 2019

You should post your question in the Alabama forum so Alabama lawyers may see it. If it were here in Tennessee, a landlord cannot cut off electricity for one month of unpaid rent. I imagine Alabama has similar protections. You would be wise to consult a local attorney for your options.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Can a Landlord ask a tenant to share the cost of water main repair (problem not caused by tenant)?

The water main feed pipe on the landlord's property in Fairfax County, Virginia, failed, leaking water in the yard, and running up the tenant's water bills. The landlord asked the tenant to "share" the cost of the repair. The tenant declined, and within 48 hours the landlord advised that he was... Read more »

F. Paul Maloof answered on Aug 23, 2019

Generally under Virginia law, essential utilities, such as water, and their repairs and maintenance are the obligations of the Landlord. Relation by the Landlord by raising the amount of the security deposit and the monthly rent is clearly a violation of the landlord-tenant laws in Virginia and a... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on

Q: does and eviction via email actually stand ? w/o contract attached the law says it is illegal?

Gregory L Abbott answered on Aug 22, 2019

I am unclear what you are exactly asking or what you even are referring to re "w/o contract attached". Verbal rental agreements are perfectly legal for month to month tenancies though it can be difficult to prove the exact agreed upon terms when it is only verbal. Nor is it clear what you mean by... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: How many days notice does a landlord have to give a tenant that he is selling the home they are currently renting?

How many days notice does he need to give that he has sold it and the tenant needs to move? Does he serve notice or the new owner if it is a cash sale?

Gregory L Abbott answered on Aug 22, 2019

It may depend upon the exact circumstances and the buyer's form of financing needs but the general rule is the landlord must wait until he has accepted an offer and then provide a month to month tenant with at least 90 days prior written notice, as well as copies of the sales paperwork. Do note... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on

Q: I live in Oregon and am under the impression that a landlord cannot charge a monthly 'pet rent' for any animals.

I know service and esa are except from 'pet' deposits and rent.

Gregory L Abbott answered on Aug 22, 2019

No, charging pet rent for non-service and non-emotional support animals is legal in Oregon, as is charging increased or a separate pet security deposit. What is not legal is to charge a pet fee.

1 Answer | Asked in Landlord - Tenant for Georgia on

Q: what should I do if a former tenant returns a partial security deposit refund and demands it all back or be sued?

The tenants heldover 2 days beyond the lease termination date then called the police on day 3 when I said we had to wrap things up, claiming I was trying to lock them out and refuse to let them take their possessions. I never locked them out and never threatened to do so, but I did ask if they can... Read more »

Paula J. Mcgill answered on Aug 22, 2019

Unfortunately, I doubt returning their deposit will end it unless there is a settlement agreement signed by all parties.

If they are not willing to enter into a settlement agreement, get the police reports to determine what the police wrote in the reports. If the report is neutral or...
Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on

Q: In Florida, can a landlord deduct from the security deposit for routine carpet cleaning due to normal wear and tear?

The landlord sent photos to show why they steam cleaned the kitchen and bathroom tile even though the picture only shows two small spots that did not require a steam cleaning.

Seril L Grossfeld answered on Aug 22, 2019

They shouldn't but they do. Your remedy is to bring a small claims action to contest this. Due to the time and expense and the likelihood that you will not find an attorney willing to take a case like this landlords get away with it.

1 Answer | Asked in Collections, Landlord - Tenant and Probate for California on

Q: ln a California court probate counter claim the respondent has not gotten back to me with objection or approval it's

Been thirty days what do I do how come she doesn't have to reply by a certain date as I always do and when does my 90days start to reply to her objection if I don't know what she has decided

Richard Samuel Price answered on Aug 22, 2019

In probate court, the respondent can object orally at the hearing; the respondent does not have to file an objection with the court within 30 days of being served with a petition. Probate court is not like civil court when it comes to the pleading stage.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: I allowed my landlord to come in today for inspection and repairs, do i have to let them back in to take photos

I let them in today willing now they want to come back to take photos for the purpuse to re rent the house but i said no you took photos during inspection can i deney them entery to my house again

Bruce Alexander Minnick answered on Aug 21, 2019

Why are you being so silly about not wanting the landlord to take photos of their property? Did you ruin the carpet or tear down a wall? What then?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on

Q: We live in a house and our lease expired and we’re assuming we were now on a month to month lease. We would like to know

How much time we have to give our landlord before we can move out? Our lease says nothing about what happens at the end of the lease or if it expires. It also says nothing about a set amount of time we need to give her before we move out. It’s very barebones it seems.

James Newell answered on Aug 21, 2019

Assuming your rent was due every month (e.g., on the first day of each month) you would have a month-to-month tenancy following the expiration of the agreed upon lease term. Because nothing is mentioned in your lease regarding notice, the default rule is that you may terminate your tenancy by... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on

Q: I am interested in signing a 2-3 year lease. I would like to pay it in full, can that be done?

I know some states have a limit on how much advance rent a landlord can collect. Does Utah have any such rules if I wanted to pay either the full 2-3 year lease at the beginning, or pay each year in full. Are there any downsides as a renter to do that?

Brent J Huff answered on Aug 21, 2019

I would not advise it for the same reason I would not buy a ring on a first date. Landlord-Tenant relationships sometimes go south or simply must end for various reasons. Further, when landlords have money in hand, they tend to pay less attention to their obligations.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Colorado on

Q: evicted for having a esa/therapy animal. landlord lying saying im not evicted but gave me 30 days to get out. help.

drs say esa animal for child. lease said no pets. childs health worsened. we get cat 2018. landlord knows, cat has to go, i comply, had inspection, passed, no damages. they renewed lease. 7/2019 friend can no longer keep cat for me. I take cat back. 7/18/19 child hospitalized 1 week. cat important... Read more »

Kristina M. Bergsten answered on Aug 21, 2019

You need a lawyer. Sometimes a letter from an experienced animal attorney, one who specializes in ESAs and service animals, especially, is enough to put a hold on the eviction and stop it. But you definitely need legal counsel.

Your statement was a little confusing, though. If it’s an...
Read more »

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on

Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I have to... Read more »

Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: What constitutes reasonable notice for landlords wanting to show a rental to prospective tenants?

It has been slow getting a new tenant in this year, with more showings than normal. The tenant has been pretty accommodating and we've tried to do the same. However, my tenant just said no to showings for the next five days.

F. Paul Maloof answered on Aug 21, 2019

The term "reasonable" is a relative term and generally is determined by the facts. In most residential lease contracts, there is a 24 hour notice provision for which the landlord must give notice to the tenant to show the Premises and that time frame is considered reasonable in many cases.

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: Do landlords need to make repairs to outside AC units if fan motor quit working

In state of virginia whose responsibility is it to make repairs to outside AC unit? The fan motor quit working and it cost me 300 to get it repair cause the landlord told I had too. Can I deduct 300 from the following months rent ?

Ross Cameron Hart answered on Aug 21, 2019

This may depend on the wording of your lease. Don't simply withhold rent - that causes other problems. Instead consider filing a 'tenant assertion' in General District Court and ask the court to have the landlord refund your money.

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1 Answer | Asked in Landlord - Tenant for Ohio on

Q: My mom got an apartment and put me on the lease but I never signed anything or moved in and im 18. What should I do?

She had my social security number but thats it. She's saying the only way for me to get off the lease is for her to evict me but I feel like the landlord should be able to just remove me from the lease since I never signed any paper work or stayed one night in that apartment.

Joseph Jaap answered on Aug 20, 2019

Why do you think you have to do anything? If you didn't sign a lease, then you are not legally liable. Talk to the landlord about removing you from their records, if you don't plan to live there, and to erase your SSN from their system.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on

Q: Follow up, if there report is NOT, furnished, what recourse does the renter have for getting back security deposit, an

F. Paul Maloof answered on Aug 20, 2019

Follow-up: If the Landlord failed to comply with the specified Virginia Code section regarding the move-in inspection, the tenant may have a right to go to court by filing a lawsuit and claim a breach of contract with a demand for the return of the security deposit as well as any other damages... Read more »

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1 Answer | Asked in Landlord - Tenant for Virginia on

Q: is the landlord required to furnish the renter with a written move IN inspection report and if not can they hold deposit

If the written report is not supplied, can the landlord hold any of the security deposit, thank you

F. Paul Maloof answered on Aug 20, 2019

With regard to a "move in inspection" of a residential premises, the law in Virginia provides as follows:

§ 55-248.11:1. (Repealed effective October 1, 2019) Inspection of premises.

The landlord shall, within five days after occupancy of a dwelling unit, submit a written report to...
Read more »

2 Answers | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Ohio on

Q: I own both a car and house with a girl, we are not married. If I die will she take full ownership or do I need a will?

We live in Ohio and I’m not sure if I need to make a will and leave my half of these things to her, or if the intestate laws will guarantee she gets full possession of the house and car? I don’t want my family trying to claim half of these items if something happens to me.

Moshe Toron Esq answered on Aug 20, 2019

If you own an asset together and the title contains the words " joint owners, with rights of survivorship" then the asset would pass to the other person automatically upon the first to die.

Otherwise, you need a will that names your girl friend.

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