Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: how to interpret statute 18:53, what does it mean to the landlord that occupies a floor on a two family home?

1 Answer | Asked in Landlord - Tenant for New Jersey on Jun 29, 2015

Answered on Aug 29, 2015

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Leonard R. Boyer's answer
Just call the Zoning Dept of the Municipality that you live in. Good luck.

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Q: New Jersey - Breaking lease and contract questions

1 Answer | Asked in Landlord - Tenant for New Jersey on Jul 1, 2015

Answered on Aug 27, 2015

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Leonard R. Boyer's answer
The contract appears to be in effect from the facts that you stated, however without an attorney reviewing the contract it is not possible to know for certain. Good luck.

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Q: Hello. I'm pursuing a eviction case, and the defended has seeked a jury trial. I don't have a lawyer, and need advice .

1 Answer | Asked in Landlord - Tenant for California on Nov 26, 2010

Answered on Aug 27, 2015

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Richard Samuel Price's answer
Either party can request a jury trial in an unlawful detainer proceeding. You will need an attorney to represent you at the jury trial. This isn\'t something that you should attempt on your own.

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Q: Is the Lessor required to pay interest on a deposit for a lease on commercial property?

1 Answer | Asked in Landlord - Tenant for California on Jan 4, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
No, the lessor is not required to pay interest to the tenant on a lease of commercial property.

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Q: My renter provided a 30 day vacate notice. If he doesn't leave, what are my rights to remove hime from the residence.

1 Answer | Asked in Landlord - Tenant for California on Feb 2, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
When the tenant gives a 30-day notice to vacate and does not move out after the 30 days, then the landlord can start the unlawful detainer action without any notice to the tenant.

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Q: Does there exist a time period to recind on a commercial lease? if so, and i did, can i be sued from out of state?

1 Answer | Asked in Landlord - Tenant for California on Feb 3, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
There is no automatic right to rescind a commercial lease. The terms of termination are contained within the lease. Yes, you can be sued in another state.

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Q: We leased a comercial space to someone for one year. At less than half ofthe going rate. We thought they were friends!

1 Answer | Asked in Landlord - Tenant for California on Feb 12, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
First off, treat every tenant as a tenant, even if you are friends or family.

At the end of the lease term, depending on the terms of the lease, the tenant usually becomes a month-to-month tenant. The landlord can raise the rent on a month-to-month tenant by up to 10% with a 30-day notice. The landlord has to give a 60-day notice if the rent increase is greater than 10%.

At the end of the lease term, the landlord is not obligated to continue the rental. Depending on the terms...

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Q: The court issued me a writ of possesion, but my tenant said that she just moved her daughter in and that she has a right

1 Answer | Asked in Landlord - Tenant for California on Mar 7, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
If the writ of possession was issued, then the landlord has the right to possession by court order. If the tenant moved in a subtenant, then that subtenant must move along with the master tenant. Give the writ of possession to the Sheriff for lock out.

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Q: Do you need a social security number of a tenant for an unlawful detainer?

1 Answer | Asked in Landlord - Tenant for California on Mar 17, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
No, the landlord does not need to have the tenant\'s social security number in order to bring an unlawful detainer action.

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Q: According to the Code of Civil Procedures, how much time does a landlord need to give notice to vacate the premises?

1 Answer | Asked in Landlord - Tenant for California on Mar 17, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
Generally, it depends on why the landlord is terminating the tenancy and how long the tenant has been in possession. If the tenant hasn\'t paid rent, 3-days notice is required. If the tenant is month-to-month and has been living there for less than a year, the landlord can give a 30-day notice to quit. If more than a year, then 60-day notice to quit.

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Q: Can a landlord serve a 3-day notice to pay or quit concurrently serve a 30 day notice?

1 Answer | Asked in Landlord - Tenant for California on Apr 16, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
Yes, a landlord can serve both a 3-day notice to pay or quit and a 30-day notice to quit at the same time.

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Q: Filing unlawful detainer- 2nd tenant on agreement is incarcerated-removed from agreement- Do I still need to serve them?

1 Answer | Asked in Landlord - Tenant for California on May 15, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
Name every tenant in the rental agreement. You can name him for example as John Tenant aka David Tenant, if he gave a fake name. Use a registered process server to serve the tenant.

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Q: If the lessee asks for a change in their lease, can the lessor request changes of their own?

1 Answer | Asked in Landlord - Tenant for California on Jun 12, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
Yes, of course. These terms are all negotiable and it depends on what the parties ultimately agree to. Neither party is required to agree to any of the new terms.

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Q: What is the limit of time to notify a rise on a rent and how much % is legal

1 Answer | Asked in Landlord - Tenant for California on Jun 13, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
On a month-to-month tenancy, the landlord should give a 30-day notice for a rental increase of 10% or less. If the increase is more than 10%, then give a 60-day notice.

If the tenant is on a lease, it depends on what the lease says.

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Q: What do I do if my rental is uninhabitable but my tenants wouldn't move out?

1 Answer | Asked in Landlord - Tenant for California on Jul 18, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
To terminate any tenancy, you have to give notice. If the tenant has been there over a year, then give 60-day notice to quit, otherwise, give a 30-day notice to quit. Habitability is not a defense to a 30-day or 60-day notice, but it is a defense to a 3-day notice to pay or quit.

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Q: In CA can landlord pack tenants property before the 15th day after the writ has been issued?

1 Answer | Asked in Landlord - Tenant for California on Aug 2, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
After the tenant moves out and leaves behind their belongings, the landlord can move their personal property out immediately. The landlord can remove and store the personal property and charge the tenant for that. The tenant has 18 days to give a written request for a return of their belongings. After the 18 days, then the landlord can keep, sell, or throw away the belongings.

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Q: I won. the tenant appealed in Lancastr. the escrow is not proprely funded, as required . what form(s) do I file now?

1 Answer | Asked in Landlord - Tenant for California on Aug 3, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
You won your unlawful detainer case. The tenant appealed the decision. You have to fight the appeal.

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Q: What is the meaning of an ex parte order in an unlawful detainer?

1 Answer | Asked in Landlord - Tenant for California on Aug 13, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
An ex parte hearing is one in which only one party appears in court. An ex parte order is a court order issued in an ex parte hearing.

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Q: I filed an unlawful detainer case is does1-10 sheriff only served 1 of 2 ,

1 Answer | Asked in Landlord - Tenant for California on Aug 25, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
You should hire a registered process server to serve the papers for you. They have the know-how and when they serve, there is a presumption that they did serve the defendants that is difficult for the defendants to overcome.

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Q: I am evicting a tenat who is being malicious and ignoring the 60 day notice and owes $1,400.00 what forms do i file?

1 Answer | Asked in Landlord - Tenant for California on Sep 12, 2011

Answered on Aug 27, 2015

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Richard Samuel Price's answer
It sounds like you already served a 60-day notice. If the tenant owes rent, then serve a 3-day notice to pay or quit. After the notice period is over, then start the unlawful detainer proceeding. You\'ll want to hire an eviction attorney to do that for you.

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