Landlord - Tenant Questions & Answers

Q: Landlord says we were late 5 years ago and now wants back rent. We have not been served nor think we are late.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 29, 2016

In California the statute of limitations on written contracts is four years from the date of the breach of the contract. In most leases the payment is due on the first of the month. As of today, that means that any demand for payment of rent due on or before September 1, 2012, is unenforceable.

As to the responsibility for keeping records to prove payment, is the person making the payment. That is one advantage of paying by check. Of course the party making the demand would be...
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Q: Are landlords limited in any way on the information they can give to prospective landlords or others about past tenants?

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for Florida on
Answered on Sep 29, 2016

The only reason that past employers are reluctant to tell potential employers all the employment details is that they are concerned about liability for defamation. It's the same in the landlord-tenant situation. There is no specific law prohibiting disclosure of information, and as long as they are truthful there is little potential for you to bring a successful defamation action.
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Q: Mngnt co asked me to sign an estoppel cert that says it's not a lease. Who's responsible for rent credits after a sale?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 29, 2016

It appears that there may be some disagreement between the new owner and the management company regarding the management company's authority to issue you the credit. Are they asking that you pay them back the amount that was credited to you?
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Q: What are my rights as a landlord to reclaim my garage from a tenant who has no right to it in the lease?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 28, 2016

"You CANNOT be serious!!" 20 years??? You must have known about his use of the garage, so it is deemed to have been with your consent (= absence of protest). He is in violation of his lease, so treat him like a tenant -- give him 60 days to vacate the garage. If he does not remove his stuff, file an unlawful detainer action against him. If he is really stubborn, carry through and evict him from the house as well.
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Q: I'm not sure who to pay my security deposit to!

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Answered on Sep 28, 2016

The prior tenant paid the deposit to, presumably, the landlord/owner. His only recourse is the landlord. You have no liability.

If all of the occupiers are on the same lease -- one lease for all the tenants, you owe money to the landlord/owner and nobody else. If you are all on the lease together, it means that each of you is insuring the performance of every other tenant. If one of the tenants leaves owing rent or money for damages, you may be personally liable to pay that debt. It...
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Q: I am on bankruptcy since march of last year and went to eviction court Monday. They sent me to court for 75 dollars.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Texas on
Answered on Sep 28, 2016

First - we need to know what type of bankruptcy, i.e. Chapter 7 or 13. Also need to know if this is a lease or something different. I would suggest speaking with your bankruptcy attorney as well as there may be other issues and a person more informed and familiar with your personal circumstances would be better able to answer a question other than random people in a web forum, especially with something this important. Best wishes.
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Q: If two people sign a year leasing contract for an apartment. In less than 6 months from signing the contract one of the

1 Answer | Asked in Contracts and Landlord - Tenant for Pennsylvania on
Answered on Sep 28, 2016

Sue the departing person if they won't pay. I would suggest best strategy is get a roomate who will pay or get out of the lease.
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Q: Does my landlord still have to go though the courts no matter what the issue is in order to get us out of the appartment

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Answered on Sep 28, 2016

Generally yes,but in a rooming house situation it may be different.
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Q: No lease for 3 years. Told landlord looking for new place fit for husband's disability needs. Wants new 1 year lease

1 Answer | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Medical Malpractice for New Jersey on
Answered on Sep 28, 2016

He has to give you a months notice. Be sure you offer October rent by end of September. Put on the check what it is for (I hope you are paying by check--money orders are a pain to prove they cashed it). If it's cashed you have another month and he has to start the process.

But he's under no obligation to you or anyone else to decide he needs a lease.
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Q: I was living with my boyfriend but things were not good

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Sep 27, 2016

Offer the landlord some amount of money in return for a release.
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Q: My tenant had notified me via text message that he is planning on moving out in 2 weeks on September 26.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Sep 27, 2016

Let me make sure I understand: there is a lease which ends October 8th, but he sent you a two-week notice of his intent to vacate on September 26th. You can hold him to the terms of the lease, and require that he pay through the lease term, until October 8th. If he pays you less than that, you may accept it, unless he uses the terms "accord and satisfaction", "payment in full", or similar phraseology.

Give him a notice, in writing, that he will be expected to pay through the lease...
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Q: Is it our responsibility (tenant) to move and disassemble furniture for the floors to be repaired/replaced?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 26, 2016

It is not clear whether you moved in after the Landlord (LL) told you he was going to fix the floors. If so, he is interfering with your quiet enjoyment of the property you rented, so he should compensate you for whatever expense you incurred to accommodate him. The alternative would have been to say,, "Sorry, I cannot afford to pay for any moving of furniture," and deny him access to your premises. One way for him to compensate you is, free rent. That is in addition to reimbursing you for...
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Q: I have been renting month to month, for the last four plus years. I am disabled and have been since 1997.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Answered on Sep 26, 2016

You have not said what you want them to do. However, it looks as if they want the property vacated by you for whatever reason -- it really does not matter. 60 days notice gives you plenty of time to look for another place to leave, and that does not require heavy lifting. I suggest you get started right away.
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Q: Can a landlord take rented property off the market instead of making repairs?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 26, 2016

Assuming the property is not rented to anyone, yes. He can do whatever he likes with it, including razing it.
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Q: Can a landlord keep or deduct money from my security deposit if he's the one that defaulted on the lease?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 26, 2016

The deposit has nothing to do with rent owed or default by either party. It is for damages to the property, which do include utilities if they are owed for the time you lived there
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Q: My apt. building (23 units) was recently sold. New owners said we won't have an onsite manager. Who should I call?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 26, 2016

Ask the new owners. If there is no telephone contact available, ask by mail. If you do not receive instructions before rent is due, mail a check to the new owners. If no mail contact is available and you want to be completely safe, go to your bank, open a savings account in the name of the new owners and deposit the rent. As soon as you have contact information, tell the new owners where to go to collect their rent.
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Q: My landlord refused to provide copies of past work orders that I've submitted. Can they legally do that?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 26, 2016

Landlord has no legal duty to give them to you by your lease or any other law/contract. It is landlord's property and the contracts were between worker company and landlord; not you.
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Q: I had fell on my cement patio. Due to the cement was above ground. Lots of pain X-rays. Hud apt. Do I have to pay bills

3 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Answered on Sep 24, 2016

In any trip and fall accident
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Q: Tenant

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Sep 24, 2016

Your lease governs, it will say the date of the month rent is due. Or if it doesnt say and you took possession Sept 1 rent is due Oct 1 month to month tenancy
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Q: can landlord ask for back Rent! when he say we where paying rent For 4 years $25 less than sign agreement,

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 24, 2016

No. If the landlord signed the agreement and you paid what the agreement said, then you're fine unless he has some proof to support where this magical $25/month comes from. It sounds like this proof would need to be extraordinary in order to overcome the signed agreement.
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