Landlord - Tenant Questions & Answers

Q: Can I file my own personal injury claim with my apartment's insurance company without a lawyer?

1 Answer | Asked in Personal Injury and Landlord - Tenant for Pennsylvania on
Answered on Mar 29, 2017

You can but it would be unwise as you'd end up talking to them, your case has certain issues, and you have severe injuries.You need to talk to a member of the Pennsylvania Assn for Justice--we all give free consults, and cases are taken on a contingent basis so you don't have to pay up front. If you don't know any, give me a phone call and I can give you some names.Do not give statements to the insurance in the meantime

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Q: Does landlord have to legally call a PROFESSIONAL electrician ?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Mar 29, 2017

Call the local building inspector. Consider having your own electrician come and check it out if landlord does not use a reputable electrician. Send landlord a written notice of the problem and your concerns. Then you can begin paying your rent on time each month into escrow with your local court. If landlord wants the rent, landlord will have to go to court an explain what is being done to correct the problem. The court will decide if the landlord is acting reasonably, and if not, can...
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Q: If I didn't receive notice by landlord about breach of contract letter was sent to post office. Is it still legal

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Answered on Mar 28, 2017

Probably- the law assumes/presumes that if a letter with proper postage was deposited for mailing, that it was delivered. In other words, you can say that you never got it, but unless you can present other proof or witnesses that there is a continuing problem with delivery of your mail, the Court will assume the letter was delivered.
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Q: Our landlord refuses to discontinue trugreen chemical lawn treatments even though it makes our son sick. What can we do?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 28, 2017

This moves into a grey area. While landlords are required to make a location habitable, but the law generally does not require special treatment for individual tenants (unless the landlord separately agrees). You can argue constructive eviction, but the standard for constructive eviction is premised on habitability for an average person. Beyond that you can seek early termination and/or not renew the lease agreement.

You may want to contact an attorney (while there are legal aid...
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Q: My ex and police said I can't get my things out of the house we share

1 Answer | Asked in Civil Rights, Landlord - Tenant and Criminal Law for Ohio on
Answered on Mar 28, 2017

Talk to the landlord. Did you sign the lease with the landlord as a tenant, or were you merely listed on the least as a permitted occupant? If you were only an occupant, then ex and landlord can try to exclude you, but without following the proper eviction process, they might be held liable if you sue them. If you were an actual tenant who signed the lease, then you have a legal right of entry, but you would have to go to court to get an order. You also can sue your ex for selling your...
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Q: Did you have 30 days or 60 days to inform a tenant weather a least we'll be we renewed or not

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Mar 28, 2017

Typically the lease agreement will reference the time period on a tenant electing to renew a lease or the landlord electing to not renew the lease. If the lease is silent typically the court will interpret it to be a reasonable time and there is not a hard and fast rule but it would likely be closer to 30 days.
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Q: Can a neighbor build a wall in the hallway from my dor across the hall to his door and take over space and block my exit

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Answered on Mar 27, 2017

Your landlord may need to stop this. Review the lease with a lawyer. This may also violate MA building codes, which you can report to the city or county. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: What legal rights do I have as a tenant at will in an illegal apartment, who was evicted without notice?

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Answered on Mar 27, 2017

See: http://www.mass.gov/courts/selfhelp/housing/evictions-tenants.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: My landlord gave us Summons and Complaint but we never got Notice to Quit for being late with rent.

1 Answer | Asked in Landlord - Tenant for Massachusetts on
Answered on Mar 27, 2017

You can object to not receiving the Notice. See: http://www.mass.gov/courts/docs/lawlib/docs/notice-quit-14.pdf

See: http://www.mass.gov/courts/selfhelp/housing/evictions-tenants.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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Q: I'm temporarily roommating with a friend who left me house sitting maintenance came and changed the locks?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Mar 27, 2017

So are you a subtenant, house-sitter, or de facto tenant? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: Do I have the right as a house sitter to deny entry to maintenance man who wants to change locks

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for California on
Answered on Mar 27, 2017

If you were authorized such rights by the tenant, then maybe you would have such a right; but otherwise, no. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: I am a subtenant can maintenance come and change the locks on the house without any sort of notice or consent to do so

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Mar 27, 2017

This sounds like constructive eviction. See: http://homeguides.sfgate.com/definition-constructive-eviction-8054.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Can you rent a house in the state of Georgia without the deed?

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Georgia on
Answered on Mar 27, 2017

The deed is not usually attached to a lease. Are you asking can you rent out a property you don't own? The answer to that is 'no' unless the owner hires to you act as his/her agent to handle the rental.

It is unclear what you are really asking here ...

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal...
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Q: Who's in the right when rent money comes up missing?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 27, 2017

Ultimately, it is the tenants responsiblity to deliver the rent to the landlord. Although it will not be what you will like to hear I think that you will have to make up that missing rent payment and likely pay the fees. Unless you have some type of proof the landlord lost or is attempting to keep the check and not give you credit I think you are obligated to to pay the rent and keep seeking to get the money order back and prosecute the person who stole it if you can find them.
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Q: Rent date change how? .. Is 1st (chg'd late fees) now need 20th .. Senior now gets government check on 15th of month. Ty

1 Answer | Asked in Elder Law and Landlord - Tenant for New Jersey on
Answered on Mar 26, 2017

You can try writing a letter asking to change the due date on the rental agreement. If this doesn't work, contact me for a free phone consultation.
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Q: I am part of a non-profit that is facing bankruptcy but has a year left on a property lease. How should we proceed?

1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Georgia on
Answered on Mar 26, 2017

Contracts including leases are stayed and ordinarily discharged in bankruptcy, so if you can afford the fees associated with bankruptxy dissolution or reorganization, the lease is no obstacle.
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Q: Lease will terminate in 5 days. I haven't received new lease or notice to vacate. Rights if new lease isn't agreeable?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Mar 26, 2017

Yes. The management company should follow the terms of the lease agreement.

I have no idea why the rental agency has not produced a new lease.

Ultimately all that you can do is follow the terms of the lease and hope that they do the same. I suggest that you may want to go to their business in person to see if you can get better answers.
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Q: if Landlord evicts tenant with less than 24 hour notice is tenant bound to communicate with them further?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Mar 25, 2017

I assume this was for a business and not a private residence... Anyway, it is not unreasonable to insist the you exchange keys at normal business hours and at a mutually convenient time (provided that this does not produce unreasonable delay). Beyond that, review your lease agreement. I am still not sure how you have a license agreement...
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Q: I've lived in the home I rent for four months and since I moved in I've had nothing but problems but one major issue is

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Answered on Mar 25, 2017

Do a Googe search on tenant's rights lawyers in Bakersfield. You will turn up lots of results.

Or you could go to the website of the legal aid services in Bakersfield:

http://www.gbla.org/

That should give you a good start.
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Q: In nyc, are tenants with children 100% protected from being evicted? Is there a law that guarantees this? Judge's whim?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 25, 2017

See: https://www.nycourts.gov/COURTS/nyc/housing/procedural.shtml

See: http://nycourts.gov/courts/nyc/housing/eviction.shtml#specialrules

I've never heard of such a law. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and...
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