Landlord - Tenant Questions & Answers

Q: im 17 and my upstairs neighbor said to me say he was going to have my car towed for blocking the driveway can he do it?

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Answered on Jul 26, 2017

What does your lease say about parking rights? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. 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: In the state of florida can i and an occupant to my lease

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

It appears that you hit the submit button before completing your question. Please resubmit your question.
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Q: Can we sue an apartment complex for kicking out myself and my family?

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Landlord - Tenant for Ohio on
Answered on Jul 26, 2017

Did they evict you already? If so, then you could have filed a counter claim in that action. If not, then you could claim retaliation. Use the Find a Lawyer tab and consult a local litigation attorney who can review your situation and advise you about possible claims against the landlord.
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Q: I am breaking my lease early. When I turn the keys back over to LL can I cancel my utilities?

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

Since you have decide to "break your lease" I will respond by saying you can cancel your utilities.

How will the landlord respond to your breaking the lease is a different situation all together.
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Q: Question about whether or not a landlord breached our lease?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jul 26, 2017

If the lease that you and landlord both signed did not include a security deposit, then you have no obligation to pay it. If the lease required that you give 60 days notice and you didn't, then landlord can hold you liable for that. If the lease automatically renewed because you didn't give the notice required by the lease, then you will have to negotiate a termination.
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Q: I owned the building in which a family member ran a daycare. Never require her to pay rent. How do I get her out now?

1 Answer | Asked in Business Formation and Landlord - Tenant for North Carolina on
Answered on Jul 26, 2017

You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.
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Q: Landlord auto renewed lease. I am bound to a new one year lease term. What are my options for getting out of new lease?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jul 26, 2017

If the lease states that it will renew unless notice is given, and the landlord wants to enforce that, then the landlord can sue you for breach and seek monetary damages for lost rent. The court will then determine if your notice is valid or the renewal is enforceable. Even if landlord doesn't sue, the landlord could make an adverse entry on your credit record, lowering your credit score, and making it difficult to rent from a landlord who checks your credit.
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Q: New complex owners say they have done a Termination of Association and that my current lease is void? can this be done?

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

Your situation is more complex than this forum is intended to deal with.

You need to consult with a real estate attorney from the area where your rental property is located.

Without reviewing your lease my initial thought is that the company cannot legally take this action. But hire a lawyer to look into it.
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Q: Greetings, I have a man odd situation, a new roommate moved in that had a cat, and so do I, I have a sphynx, we made an

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New York on
Answered on Jul 25, 2017

You can sue for damages related to conversion of personal property and breach of contract in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: My landlord is claiming he didn't know I lived there, but returned contact. Does this establash the law of acknowledge?

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Answered on Jul 25, 2017

Take a good look at the lease. Does it permit subletting? Do you have one? You may have to take your roommate to small claims court if they defrauded you by renting you an apartment they did not have any right to rent to you.
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Q: I have bed bugs who pays landlord or tenant?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 25, 2017

Typically the landlord pays, but if the tenant caused the problem the tenant can be asked to reimburse the landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Should I notify apartment owner of management’s inappropriate replies to my reporting of problems?

1 Answer | Asked in Consumer Law and Landlord - Tenant for California on
Answered on Jul 25, 2017

Have a lawyer review the lease and related facts here to determine if your rights are being violated and potentially to contact your landlord. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: How to make a guest who has never paid rent leave your home after you've given them a 30 day notice and they refuse

1 Answer | Asked in Criminal Law and Landlord - Tenant for Georgia on
Answered on Jul 25, 2017

The situation you describe is not really a landlord/tenant relationship. This person is merely an invited guest. When a guest is told to leave, and they don't leave, they are a trespasser. At that point, you should call the police and have them removed as a trespasser. The person could also be arrested for criminal trespass.

If a landlord/tenant relationship is deemed to exist, you would need to file a dispossessory action to evict the person.

For more information, check my...
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Q: I recieved a security deposit but I not get it all back. I would like to fight this. Can i cash the check?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Answered on Jul 25, 2017

You have VERY strict time lines to begin a suit -- you have only 7 days after receiving the itemized list and balance to dispute the landlord’s stated deductions. If that hasn't happened you need to dispute things IN WRITING and file the lawsuit to get the money back BEFORE that 7 day deadline!

There is nothing SPECIFIC about 'cashing the check' but I'd hold onto it just for appearances sake rather than cashing it. Again, so long as you start the lawsuit, the landlord is going to...
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Q: What are Tenant Rights if cited by Housing Dept for unsafe apt conditions due to excessive storage +Landlord Remedies?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 25, 2017

If the tenant is breaching city codes and the lease, then a court eviction may have to be the next reasonable step. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Landlord is replacing water pipes and removing mold - expects me to live in house during construction.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 25, 2017

Your landlord may have to pay for reasonable temporary accommodations and related losses during such construction. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Is it legal for a landlord to renig on a verbal agreement to never raise the rent due to higher charges in rent monthly

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 25, 2017

Written evidence is what is needed in this type of matter. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: My future landlord has sent me a text 9 days before I move in, telling me they are moving (not that they are selling).

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 25, 2017

Do you have a signed lease? What are your damages and reasonable expectations, given the facts? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Lease states I can have two dogs. One of my dogs died. Can I get another dog without the landlords permission?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Jul 25, 2017

What does the lease say, specifically? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: Does anyone have any experience or knowledge about Civ Code 1950.5(c) and prepaid rent? We were looking to sign a

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

You were told correctly.
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