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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon tenant landlord law does the defendant have to notify petitioner that they retained attorney before first hear
Gregory L Abbott
Gregory L Abbott answered on Oct 15, 2019

No. Neither plaintiff nor defendant are required to have an attorney to begin with and if they elect to do so, the first court appearance is often the first time the opposing party becomes aware that the other side is represented. It may even not happen until one shows up for trial - only to find... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord had our neighbor give us a 3 day notice for eviction Oct 9. His address nor phone number is not on it

Is it true that it is not an appropriate document without that information?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

Florida Statute 83.56 provides in pertinent part that:

"... The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises,...
Read more »

2 Answers | Asked in Contracts, Civil Rights and Landlord - Tenant for Florida on
Q: Is it okay if a police officer records you and uses you as evidence without your knowledge?
Linda Liang
Linda Liang answered on Oct 15, 2019

No, it is not. But why is this question in Landord-Tenant session?

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can landlord or maintenance or manager enter your apartment without permission

K&D and I have video

Joseph Jaap
Joseph Jaap answered on Oct 15, 2019

Ohio law does not require tenant to give permission to landlord. Landlord must have a valid reason, and must give reasonable advance notice to tenant, except if it is an emergency. Denying access could be reason for landlord to evict a tenant.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Dealing with black mold property manager several times. since the owner has switched property managers 2x.
Gregory L Abbott
Gregory L Abbott answered on Oct 14, 2019

Since you ask no question, there is nothing to respond to.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can a landlord sue for eviction within 2 weeks? I thought you had to be 30 days past due?
Brent T. Geers
Brent T. Geers answered on Oct 14, 2019

The landlord can start eviction proceedings anytime you are late. However, that triggers a right to cure. In other words, if you pay, than the proceeding stop.

If you are chronically late, or if there are other lease violations, the landlord can give you a 30 day notice to quit. And for...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello

I broke a rule in my lease. Probably manager texted me and said that I have to leave property by November 12 due to breach. I was informed one week ago and the property manager said that the sixty days began when lease was breached... and not when I was informed of early termination

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I think I have answered this question. I would not assume because your broke a term in your lease that your lease has terminated. See an attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Do I have to have sixty day notice to vacate ?

Property manager claims that I breached my lease on September 12. I was sent a text on October 1 saying that 1. My lease will be terminated early. 2. I have to vacate property by Nov 12 and 3. that the sixty days began when lease was allegedly breached and NOT when I was notified.

I am... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

A breach of the lease could allow the landlord to dispense with any notice provision in the lease and move to dispossess you by demanding the return of the premises and filing a dispossessory action in your county's Magistrate Court. Perhaps your landlord does not understand the law?

Also,...
Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Ex won't pay back security deposit refund that I paid.

So when my ex and I moved into an apartment together, I paid the $500 security deposit and we agreed that she wouldn't have to split it because I would get it back when we moved out. So when we move out, the apartment complex sends her the check by accident with both our names on it. She chased it... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

Your mosy likely recourse for success is to file a lawsuit, probably in Small Claims Court, if the amount is $5000 or less.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Colorado on
Q: I live in Colorado and I rent an apartment/condo. My neighbor threatened to kill my dog, what legal action can I take?

I have reported this to my subdivision leasing office. Then it happened again today so I called the main leasing office and they advised me to call the police. The police came and spoke with me, then spoke with the neighbor. He admitted to saying he would kill my dog but claimed he didn't say it... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 14, 2019

If you do not feel safe, then your best option might be to break your lease and move. If the threats continue or escalate, you might also be entitled to a restraining/protection order, but that all depends on whether or not the cops will press charges.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can I took my landlord/neighbor to court and sue her over all our personal property being destroyed cause of rats?

We have been dealing with rats in our home for 3-4 months caused by the landlord/neighbor, they've had rats alot longer then us. I've had an professional exterminator out here several times and nothing they do helps get rid of them. The rats are running everywhere day & night, urinating and pooping... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

In Virginia, a neighbor who is not the actual landlord of the Complaintant has no standing to bring a lawsuit under landlord-tenant laws. You may have a claim under Tort law for negligence. I do not handle Tort law matters. You should contact a lawyer who is located in your city/county for a formal... Read more »

1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: I have a grown son living in my house. We want him to move out. The problem is my wife borrowed four thousand from him

For the down payment. We have been paying him back one hundred a month. He says we can't make him leave because of the money and because he lives here and receives mail here. What can we do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. This is a (very sad) personal dilemma created by you and your grown son. Unless the oral contract between you and your son is in writing it is no enforceable--by you or your son. Thus I am unaware of any legal remedy you could use lawfully to evict your son. At best... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: In TN Can a landlord legally take you to court without giving the tenant a written 30 day notice and a 14 day quit?

My lease agreement expires October 31, 2019 and I have already started moving from the home. On October 9, 2019 I was served with eviction papers due to unpaid rent. My landlord did not give me with a written notice before taking actions through the court. Did he follow the proper steps to evict... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 14, 2019

Depends on what your lease says. Often times there's a waiver of notice for non-payment of rent. Consult local counsel to determine what, if any, options you may have for a defense.

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: We gave our tenants a 30 day notice. Now they are refusing to pay this months rent. Can we give them a 5 day quit notice

So can we ask them to get out in five days?

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Oct 14, 2019

Yes. If they are a month-to-month tenant, §704.17, Wis. Stats., allows you to give either a 5-day or 14-day notice for failure to rent. If they are under a lease for one year or less, §704.17(2), Wis. Stats., allows you to give them a 5-day notice to pay or vacate. No prohibition against... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Virginia on
Q: Can the landlord charge me a fee to repaint after I’ve moved with no damage to the walls?
F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

A charge to repaint the premises is generally stated in the lease to give the landlord that right. If the lease has that provision, then maybe the landlord has the right. If the lease is silent regarding that fee, the landlord does not have the right to charge that repainting fee.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: I have a trailer on my mother's property the trailer and the property is paid off in full can She take my trailer away

My Mobile home is paid off in full and I have the title in my name it's setting on private property that's in my mother's name that is also paid off in full I did pay and have a mowdad down but I have not had the money for the lights or water just yet can she take my trailer from me and start... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 12, 2019

It's clear the trailer is titled to you. It's not clear who owns the land to answer your question.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: How can I get a guest removed from my apartment if he/ she is not on the lease and doesn't help contribute to anything
Matthew Williams
Matthew Williams answered on Oct 12, 2019

If they haven’t been there long, they are just a guest. You tell them to leave. If they don’t go, you call the police and they’re trespassing. If they’ve lived there a while, you may have to evict them even if they don’t pay for anything.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Do apartment managers NOT have to disclose the lease-length of known, quiet neighbors? I'm trying to avoid future noise.

I'm trying to decide whether to stay on month-to-month rent or get a lease, and future neighbor NOISE is the main wildcard. My current neighbors are luckily quiet (for the most part) but new ones could be bad. The managers say they can't legally tell me when the quiet people's lease ends, or if... Read more »

Gregory L Abbott
Gregory L Abbott answered on Oct 11, 2019

Sorry but you have no legal right to know anything about the rental agreement between a neighbor and the landlord. You may want to know; you may have use for the information; but you have no right to know. Ask your neighbors, perhaps they will tell you. Only you can make the decision as how to... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Our lease ends in May 2020 and our landlord is requiring us to renew now, in October. Can they do that?

Our lease is from July 2019 to May 2020. They have listed a $40/month increase if we renew by Oct. 15, 2019 and a $60/mo increase if we renew after Oct. 15. I'm new to Virginia and do not know if there is rent control or other regs that allow this. I've never had a landlord request a renewal 8... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

The date of the lease's renewal and the date for the written notice for renewal and for the rent increase must be stated in the written lease. It would be best for your to review your lease to see what provision addresses these topics because the lease is the contract on which your have rights.... Read more »

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