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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maryland on
Q: What are my options when landlord not providing electricity bill for me to see and asking more and more money each time?

We have not been home last 2 months and somehow the bill went up to $1850. Landlord hasn’t been working and I believe he’s not paying his part of the bill.

Leonard A Englander
Leonard A Englander answered on Oct 27, 2020

I would tend to say that you have a right to demand to take a look at the bill. I would contact him and explain that you are happy to of course pay the bill, but that you want to see it and make a copy for your records.

Good luck!

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: When can a landlord can file an FED after tenant failure to cure after a Notice for cause? After 14 days, or after 30?

ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 27, 2020

It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: is landlord allowed to use my electricity from my rental for his property?

i found a cord running from my garage to his big garage and he has been using my electricity. I confronted him about it and he told me to get out. Told me to move if i dont like it. He admitted he uses my electric. He also told contractors that put on the roof and gutters its okay to plug their... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 26, 2020

Dealing with troublesome landlords can be frustrating, and there aren't a lot of good solutions. If you have access to your circuit breaker box, you could shut off the outlets he and his contractors are using. But they would have to use a lot of electric to raise your electric bill more than... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I have my tenant's water turned off if they are not paying their water bill?

My tenant is running up a high water bill currently over $1k for the past six months which she agreed to pay in our lease agreement. Plumbers have not detected any leaks

The home owners association says they ultimately hold me accountable for payments. The tenant doesn't pay rent... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2020

In Virginia, a landlord is not authorized by law to cut off utilities, such as a water bill, if the tenant has not paid the utility bill. Water is a "necessity" for the landlord to provide to the tenant.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Landlord told me to vacate the property due to "roommate conflict". How do I ensure receiving my security back?

My landlord communicated thru a 3rd party (my mother) 10.13/14 to vacate my current rental due to roommate conflict 2 months into a 12 month rental. There is no current conflict, but I have found alternative housing. Everything thus far has been verbal and thru my mother. How do I ensure my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 26, 2020

Justin, this is a little more detailed than can be written in this forum with justice. Consider calling me, or another Justia attorney, to help answer your questions and give you the best answer possible. My phone number is on my profile.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I withhold rent from my landlord if he is aware of a rodent issue & doesn’t do anything about it?
Toshinori Isoai
Toshinori Isoai answered on Oct 26, 2020

The answer to your question will be " depends...", but if the rodent infestation has been established as well as its serious interference with your living, and your landlord knows about it, probably you can. There is an implied warranty of habitability under the New York Real Property Law... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I evict my tenants for not paying their water bills in full since they moved in several months ago?

The water bills for these tenants have been much higher than what is expected for a family of five. I paid for several plumber visits to check for leaks and no leaks were found. The tenants also received grants to pay for 3 months rent due to the pandemic but never notified me in writing they can... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 26, 2020

The current CDC order on evictions extends until December 31, 2020. While you are permitted to proceed with the court process for the eviction, you are prohibited from actually evicting the tenants until January 1, 2021.

1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Kentucky on
Q: A neighbor brought her unleashed, uncollared, and on a known dangerous dog list, over into my yard. The landlord knew.

I told the landlord of this mobile home park that the pitbull had moved in next door. She said she'd check into it and get back to me. One month later, the dog was in my yard and attacked my tiny dog, attacked me, and killed my dog which was right at my feet. Not an apology or even paying me... Read more »

Timothy Denison
Timothy Denison answered on Oct 25, 2020

Sue the dog owner and the landlord both.

1 Answer | Asked in Real Estate Law, Civil Rights, Constitutional Law and Landlord - Tenant for Kentucky on
Q: I rent from my dad. He already went into my roommates room without her permission and he is only giving us a week

Can he legally do this.

Timothy Denison
Timothy Denison answered on Oct 25, 2020

Depends on whether there is a written lease.

1 Answer | Asked in Contracts, Business Formation, Land Use & Zoning and Landlord - Tenant for California on
Q: I am looking to purchase a small business auto repair shop, primarily to get the lease for the location. Is it possible

Ideally I do not want to purchase the business name etc I will change it to a smog check station. Also if you can go over the lease it would be great.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 25, 2020

Yes, what you are requesting is possible ... and, as you might imagine, there are a number of other issues to consider. I would recommend that you schedule a few initial free consultations, by video call or telephone call, with two or three different attorneys ... Shawn Jackson - Business... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Is there a time limit on when you can remove a state case to federal couty

I want to move a state case to federal court. is there a time limit on when i can do this

Maurice Mandel II
Maurice Mandel II answered on Oct 24, 2020

I believe the Federal Rules of Civil Procedure state 30 days from the date you become aware of the lawsuit. Note: "become aware" not date of service. Federal rules are very strict and very burdensome. Are you sure you want to leap from the frying pan to the fire?

Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is an HOA responsible for responsible to repair a sewage line that services only one unit?

My HOA is facing a dispute on who should pay for repairs on a home water drainage blockage. An owner had an issue in the drainage pipe inside their dwelling that led to a blockage in the main drainage pipe that services only their unit. The owner hired a cleaning service for their pipes and the... Read more »

Donald C Eby
Donald C Eby answered on Oct 24, 2020

The specific language of the HOA governing documents and the specific facts of the blockage and cause of the blockage will be determinative here. If the parties cannot come to an agreement involving an attorney may help to get this resolved or properly prepare the case for ligitagion.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: I am buying a home in Oklahoma, if the tenant renting from the seller doesn’t move out can we evict quickly?

I’m buying a home for cash the seller informed me their friend living there is giving them trouble about moving out, if the sale finishes and the closing date comes, how do I get the tenant out? They have no formal lease

James Tack Jr
James Tack Jr answered on Oct 24, 2020

This should be a problem for the seller. When he sells it to you he is giving you possession. Don't close until the tenant is out.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: How do I enforce a judgement if the person it's against won't pay?

I won a small judgement against my previous landlord and as soon as we walked out of the courtroom the landlord told me the judge was wrong and she wasn't going to pay. Can I place a lean against her?

James Tack Jr
James Tack Jr answered on Oct 24, 2020

One who has a small claims judgment has the same post-judgment remedies as any other judgment creditor. You may execute on on the debtor’s property, you may have a garnishment is­sued against the defendant’s assets or wages, you may have an asset hearing. You could also file a lien against... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Are landlords required to accept more than 1 form of payment in NJ? My landlord said I have to pay with a money order.

I paid the deposit with a cashiers check and now they are telling me I have to pay the first months rent with a money order. Are they allowed to do this? Can't I pay with a cashier's check again?

Morris Leo Greb
Morris Leo Greb answered on Oct 23, 2020

Unless, the lease specifies the method of payment, any form of good funds are acceptable forms of payment. You can also pay by wire transfer directly into the landlord's account. Cash is also legal tender for all debts public and private.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a tenant with medical issues required to allow people into a leased property that is being sold during pandemic?

Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease

Gregory L Abbott
Gregory L Abbott answered on Oct 23, 2020

A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: In VA State how long does the landlord have to remediate a mold issue?

My furniture is ruined

Lease started on Aug 1

Lots of moisture in air

Holes in walls

Walls are soft to touch

Eyes burning

I’ve had two asthma attacks which led to us ultimately leaving but landlord stated on phone, he would fix issue on 9/22-9/23,... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 23, 2020

In Virginia, the Tenant in a situation as yours, must call the Office of Housing Code Enforcement for the city/county in which the premises is located and make a formal Complaint, then request an inspector to come to the premises to inspect the conditions of uninhabitability and if there are... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How long can a landlord drag out a dispute over replacement costs? Only sporadic responses from them.

Filed a dispute about property damage. Took them 1 month to reply. Now taking another month to reply to our evidence showing that we left the property intact (have a dated photo showing no damage was done and no move-out walkthrough was allowed due to COVID). How long does the landlord get to... Read more »

Leonard A Englander
Leonard A Englander answered on Oct 23, 2020

That would really depend on the situation. Have you moved out already and this is in regards to the security deposit or are you still living there?

If you have moved out, then generally the Landlord has 45 days from the date you vacate to either return the security deposit or send you a...
Read more »

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: We are in WI. We are month to month lease. Landlord told us on 10/1/20 that we must move 11/1/20.

We have always paid rent on time. He is requiring us to move because he had to sell his primary residence. He has been unemployed and cannot afford his payment. He said he has to move back in here and we must move out. We have been unable to find a new place and are looking at being homeless. Can... Read more »

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Oct 23, 2020

Yes, he can. The CDC moratorium only applies to a landlord evicting a tenant due to the tenant's failure to pay rent if the tenant can prove certain things, including that the tenant's inability to pay rent arose from COVID-19 and the tenant has attempted to obtain money to pay the rent.... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord withholding rental history verification unless rent renewal/move out letter is signed ASAP (due in 9 days).

I am currently living in a rental home with my lease being up 12/31/2020. My landlord requested I sign a renewal/move out letter 60 days prior to my lease being up. Since 10/8 I have received 13 emails (4 today) and 5 text messages requesting this. I do like where I am currently living, however I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2020

Rather than spending several hours looking for current Florida case law to support or undercut this ingenious way to make tenants notify their landlord whether they are staying or not I will just advise you to make up your mind now instead of "stringing them along" and making them very... Read more »

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