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Landlord - Tenant Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: What does it mean within 5 days to post bond. If the bond for an appeal was posted on the December 26
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I posted a Notice to Leave Premises, what do I do if the person comes back after the time expires?

The person is not currently here but left there belongings. So what should I do if the person returns after the Notice expires?

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 30, 2024

You should consult an attorney in your area regarding proper local rules for an eviction, and begin the eviction process. If all you have done so far is post a notice, that is insufficient to retain possession of the property. It is unclear from your post whether you have given a 30- or 3-day... View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: If my landlord changes guest parking into tenants parking are they required to notify you

There is a provision in my lease that designates what our assigned parking spots are

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

Under Washington State’s Residential Landlord-Tenant Act (chapter 59.18 RCW), the rules about parking changes depend on the terms of your lease agreement and the extent to which the change affects your rights as a tenant.

Key Considerations

Lease Agreement Controls:

If...
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2 Answers | Asked in Business Law, Landlord - Tenant and Gov & Administrative Law for California on
Q: Does a keymaster arcade game be considered a vending machine?

The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".

Pavel Kolmogorov
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answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: i am being evicted under the base of a holdover. i need more time to get out of the commercial building i have rented

i have rented this building for 12 years and asked for 90 days to move out. the owner said no and gave me 30 days. i have always paid rent and i am not behind at this time. the state is Florida

Is there anything i can do to slow the process? i do not mind leaving as i have already started... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 13, 2024

Not really. You have 30 days. If you need more time and the LL won't give you more time, that's the end of it. There's no legal action to get more time. The fact that you've always paid your rent on time is immaterial. Sorry, but there is no credit for past on-time payments. 30... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: In Texas can your residential landlord of an apartment complex fine you for thing outside of your lease?

EX: I received a lease violation and was fined for items on my patio. Nothing in my lease stated anything regarding items on a patio.

In Addition, I reported my landlord to the City of Austin about an ongoing 8 month German Cockroach infestation in my unit because they refused to provide... View More

John Michael Frick
John Michael Frick
answered on Dec 10, 2024

Your landlord can only "fine" you in accordance with your agreement. The reason doesn't necessarily have to be in the Lease itself. Often, tenants sign documents agreeing to be bound by a landlord's rules and regulations. Sometimes, that agreement is in the Lease itself;... View More

1 Answer | Asked in Landlord - Tenant and Criminal Law for Georgia on
Q: Can I sue my Landlord for wrongful eviction and false imprisonment

My twins played in paint on the floor in my kitchen. My landlord unexpectedly showed up the next morning and saw the paint, we had a disagreement and he walked out. I came home from work the next day for lunch break and there was a folder in my door that contained an eviction notice. I cleaned the... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

I am very sorry to hear of your circumstance. I can only imagine how stressful this must be during this time of year. Based on what you are describing, it sounds like you have a very strong defense to the criminal case. Ask the court how you can apply for a court-appointed attorney. Depending on... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a 2 bedroom apartment and our landlord said we are allowed only 2 cars/ 2 bd apartments.

There is 3 of us living in 2 bedroom apartment and We have 3 vehicles in total. They allow up to 4 ppl to rent a 2 bedroom apartments but only allow 2 vehicles. Is this legal? I live in ohio

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 6, 2024

Check to see what your local ordinances say about parking at commercial rentals. Many counties have parking restrictions written into their zoning laws and/or other specific requirements, which can vary by county or even by township or suburb. Usually that information can be obtained through a... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord bill me for cleaning 44 days after our lease ended and we received our nearly full security deposit?

Bill was for cleaning and partial, move-out, professional carpet cleaning, no damage or stains.

Robert Weinstein
Robert Weinstein
answered on Dec 6, 2024

Generally, a landlord is required to provide an itemized statement of deductions from a security deposit and/or return the security deposit within 21 days. That said, if you caused more than normal 'wear and tear,' (ie caused stains on carpet, which you state you did not), it's... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease online with the residence in Michigan (but I lived in TX) what state should I get an Attorney?

I was coerced by my soon to be fiance, who then suddenly broke off our relationship, after I signed the lease. I don't want to be held financially liable. He never picked up the keys and never moved in...just left things hanging. I've made multiple attempts to ask to be removed from any... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Your obligations to the landlord under your lease are most likely governed by Michigan law, so you need to consult a Michigan attorney with respect to any rights or obligations you have under that lease. Commonly, you will remain financially obligated to satisfy all the terms and conditions of the... View More

2 Answers | Asked in Appeals / Appellate Law, Landlord - Tenant and Small Claims for California on
Q: As plaintiff, how do I prepare for an appellate hearing (small claims) in CA?

I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.

The landlord filed a motion-to-vacate the Court’s ruling,... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Does my previous landlord have the right to keep my possessions

Previous landlord did not give me access to my property after the constable served the execution of written and will not give me back my property.

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

No a landlord does not have the right to "keep" your possessions. A landlord does have the right to discard possessions abandoned by a tenant at the premises when a writ of possession is executed. A tenant has the right to remove their possessions before the writ of possession is... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Is it against the law to rent a apartment in Texas if there is no locking mechanism on the front door and no smoke alarm
John Michael Frick
John Michael Frick
answered on Dec 2, 2024

Yes. As a tenant, you have remedies under the Texas Property Code if your landlord has not provided both a smoke alarm and a locking mechanism on the doors. You should give the landlord written notice in the form specified by your lease agreement to install both a smoke alarm and a locking... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I sue my landlord for hotel cost reimbursement

The drain in my shower backs up with gross black stuff making it impossible to shower. I've told my landlord about ur for a month now. He's sent out 4 plumbers, all of them say the pipes have to be replaced, yet he still isn't replacing them. I've had to get hotels in order to... View More

John Michael Frick
John Michael Frick
answered on Dec 2, 2024

That likely depends upon the terms of your lease agreement. Many leases include an agreement that the tenant will not sue the landlord for certain types of things. In particular, in your case, the cost of paying for somewhere else to shower would by an "incidental or consequential"... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

Stephen Bilkis
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answered on Nov 30, 2024

I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Alabama on
Q: someone owes me rent and i was buying a camper from them. can what they owe go towards the camper

i gave them 200 down and only owe 1300. they stayed with me for couple monthes and left without paying anything. can’t i keep

the camper for their payment

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

An Alabama attorney could advise best, but your question remains open for two weeks. Most people in your position would probably think of using that point. But a local attorney could advise better in terms of the legalities involved in your idea - it is possible that you and the other side could... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Do I still owe rent and be evicted for late payment by a master tenant if I end up inheriting the property?

I was a sublessee owing rent to a master tenant in a property owned by my late great uncle.

Following my great uncle's death, I began falling short on payments and was served an eviction notice by the MT. However, I was later informed that I had become the sole beneficiary of my late... View More

Anthony M. Avery
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answered on Nov 27, 2024

If you own the property by Intestate Succession, then hire a competent attorney to represent you. Do not know what a master tenant is. You definitely need to record an Affidavit of Heirship as your source of title. Lawyer needs to search title and draft the Affidavit. At Detainer Court you... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I do if the locks were changed and all my possessions were thrown out?

I am a 67 years old disabled wheelchair bound senior citizen. I have lived at 35 Woodbine Street for 49 years. In June 2023 my brother gifted the house to his daughter for $1. On June 20 she sent me a text telling me I have 60 days to move out. On August 20th I text her back stating I needed more... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Nov 23, 2024

This appears to be an illegal eviction and destruction of property, with several legal violations given your specific circumstances.

1. Illegal Self-Help Eviction

- Your niece's actions constitute an illegal "self-help" eviction by changing locks and removing...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If a tenant gave me a 3-day notice that they are moving out of the property, do I still give them a full deposit back?

I did not have them sign a lease, as this is my first time being a landlord.

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Nebraska Legal Aid put together a handbook with some of the more common questions for landlords and tenants in Nebraska. Some of the information is now a little data but it still has a lot of good information and resources.... View More

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

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