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Landlord - Tenant Questions & Answers

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Home warranty provided ac for home owner 1year later she wants me to guarantee labor and called consumer affairs on me

Mr. James Charles Wright answered on Jun 18, 2019

I saw an early post that may be related- indicating that you had only installed a unit provided under a home warranty and charged 150.00 for the installation. it has now been a year and the owner wants you to do warranty work. Again you did not supply the unit.

It is reasonable for you...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: I was told DPL had to be put I’n my name so I did I have been in place for 8 months and always thought my bill so way

To high found out this month when bill came $930 for one month that I have been paying for the entire unit 3 apartments (2rented out) and an active business in the large garage that sits behind unit (mechanics garage). What steps should I take to get my money back DP&L says there is nothing they... Read more »

Joseph Jaap answered on Jun 18, 2019

You'll have to resolve this with landlord if there is only one electric meter for the entire property and all the tenants. Landlord should be requiring each tenant to pay its fair share of the electric, or put in additional meters. Check with the local building department if it is a violation for... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on

Q: Where to file a complaint against property management company as a owner of the property in VA?

Hi, my lousy tenant vacated at the end of the lease term and I switched my property management company due to the bad experience with the previous one. The previous property management company has colluded with the tenant and wants to favor the tenant. My property repair work hasn't been done... Read more »

F. Paul Maloof answered on Jun 18, 2019

The only way to bring a complaint against the property management company is to file a lawsuit in Court. I am unaware of anything that is done in your situation by HUD or NARPM. If you file a lawsuit in Virginia, you are subject to appearing in court to prosecute your case. There are no remote... Read more »

2 Answers | Asked in Landlord - Tenant for Virginia on

Q: My ex and I broke up. I want him to leave. I just realized our landlord never signed our lease. Is our lease valid?

My landlord is willing to do whatever to get him out. Does this make our lease an oral lease?

Richard Sternberg answered on Jun 17, 2019

The lease can be enforced against anyone who signed it, and it might be enforceable if the intent to have a signed, written lease is apparent on the facts, such as emails, endorsing deposited rent checks, etc.

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1 Answer | Asked in Landlord - Tenant for Indiana on

Q: I signed a lease for a year in Sept 2018..recd notice in June, middle of the month, rent is increasing for july. Is thi

Alexander Florian Steciuch answered on Jun 17, 2019

The answer is it depends. The answer would usually be no but depending on the terms of your lease agreement your rate could increase from month to month or with proper notice.

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on

Q: I have decided to break my apartment lease due to constant inconveniences. Can I do so without paying the penalty fee?

Charles M. Baron answered on Jun 17, 2019

No, you must follow the statutory procedure for notifying the landlord, giving the landlord the opportunity to remedy the problems within 7 days of receipt of your letter. If the landlord fails to comply, the law allows you to terminate the tenancy or withhold rent until the problems are fixed.... Read more »

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1 Answer | Asked in Small Claims, Civil Litigation, Landlord - Tenant and Libel & Slander for Colorado on

Q: What action to take when forcibly kicked out with no notice?

My landlord on a month to month single room rental that had no lease kicked me out of the house mid month with rent completely paid up to the end of month. He gave no notice at all and forced me to leave immediately without getting all of my belongings, he also forced me to give back my house key... Read more »

Donald C Eby answered on Jun 16, 2019

You may want to bring a claim for damages in Small Claims Court.

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: How much of the carpet replacement cost am I liable for after living in a home for over 3 years?

I recieved a move out statement from a collection company stating that I owe for damages and full replacement of the carpet. I lived in the home with my friend, his wife, their two kids, and a dog. We paid a pet deposit, and pet rent every month the entire time of living there. I know there were... Read more »

Donald C Eby answered on Jun 16, 2019

If this issue went to court, even if the carpet was new when you moved in, it is unlikely that the court would hold you responsible for more than half the cost of the carpet. Generally, carpet is expected to have a 7 year normal lifespan. As such, half of the useful life of the carpet was... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on

Q: I live in florida and rent a room. Can my landlord take my lock off my door without my consent or knowledge?

The deadbolt was on my bedroom door when I left 2 days ago when I came home tonight the deadbolt has been removed and my door is now standing wide open. Can my landlord take the lock off?

Bruce Alexander Minnick answered on Jun 16, 2019

The landlord can do anything they deem necessary to insure the safety of everyone in the house, including you.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on

Q: I, who is the plaintiff, has a monetary judgement against the defendant whom I evicted as a tenant.

I am trying to collect past rent and court costs. We went back to court and the defendant agreed in front of the judge to pay me back $200 a month on the 15th of every month until the judgment is paid off. The judge signed off on that. Today is the 15th and she is refusing to pay.

I have... Read more »

Ray Choudhry answered on Jun 15, 2019

If the Judgment gave her a payment plan and she does not comply with it, you file a Rule to Show Cause why she shouldn't be held in contempt for failure to comply.

This gets more attention.

Let alone under the table, sometimes people don't even earn enough to be able to garnish...
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1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Louisiana on

Q: What are my rights re: succession eviction and disability in the State of Louisiana?

84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »

Sye J Broussard answered on Jun 15, 2019

Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.

1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Son Brett (disabled) owns home. Son Todd lives with son Brett. Todd moved girlfriend in 2 1/2 yrs ago. She doesn't pay.

Todd and girlfriend are in process of breaking up. She is leaving premises. How long does she need to be gone from premises so that Brett can legally refuse to let her return.

Gregory L Abbott answered on Jun 15, 2019

It is not a question so much of length of time but rather intent. If it is clear she is terminating her residency there, that is all that is need once it is completed, ideally by returning her keys. If she fails to actually move out, Brett likely can go to court to force her out. The real issue is... Read more »

1 Answer | Asked in Landlord - Tenant for Colorado on

Q: What is the length of notice a landlord must give for a notice to vacate?

We have lived in our home just short of four years, first year was on a lease, now we are just a holdover. Two weeks ago Landlord put the house up for sale, within days it was under contract. The home inspection is Saturday. I am told to expect a 30-day notice after it is completed. I read CRS... Read more »

Donald C Eby answered on Jun 14, 2019

The statue that you refer too is often misunderstood. Whether or not you have the right to 90-days notice is dependant upon your lease (even though you think it is expired).

If you refuse to move based on the note, the Landlord may bring an eviction action at which time you'll have the...
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1 Answer | Asked in Landlord - Tenant for Colorado on

Q: I put in my 30 day notice that I would be gone by 6/15/2019 but I paid for the whole month can't I stay until the 25th

Two or three months ago our lease came up and my husband talked to our landlords husband about month to month lease and he said it was fine. We go on the rest of the month thinking everyone is on the same page until he gets a text from his wife asking for our 30 notice and how she isnt comfortable... Read more »

Donald C Eby answered on Jun 14, 2019

If you paid for the entire month and your landlord accepted your payment you may have a strong defense to an eviction initiated by your LL.

It is unlikely that your Landlord has the right to invade your space to clean and prepare for next tenant. Review your lease.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: Is my landlord in breach of contract if rented me a house with an inground pool that he knew was broken and withheld it

I rented a 6 bedroom house with an inground pool, poolhouse, in law suite so that I may entertain my family for holidays, cook outs pool partyies. I 5 months Ive paid 14,000 and I still have no pool. Landlord knew pool was broke and deliberately withheld this information. It is only myself and my... Read more »

F. Paul Maloof answered on Jun 13, 2019

A breach of he lease would depend on proof that the landlord "knew" or "was aware" that the in-ground pool was broken on the date the lease was entered into by the landlord and the tenant.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: I am in need of some advise in regards to landlord tenant laws

it was my choice to vacate the unit in the middle of my lease but i am familiar with the landlord tenant laws where after vacating the unit the landlord only has 30 days to send an itemized account statement as to why i wasn't getting my security deposit back and to where it was being applied to... Read more »

Joseph Jaap answered on Jun 13, 2019

Landlord is not entitled to collect double, so contact landlord to clear it up. If landlord doesn't send itemization within 30 days, tenant can sue for 2x the amount withheld plus attorney fees. Advise landlord of that to get it settled.

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on

Q: Can I be charged rent when I don’t live in the apartment anymore?

I live in ohio and I resigned my lease for 2019/2020. I decided I didn’t want to live there anymore and found someone to take my lease. She can’t move in until August 19. She technically took my resigned lease and the lease I’m currently in ends 7/22/2019. But the office said I am responsible... Read more »

Joseph Jaap answered on Jun 13, 2019

Tenant is obligated to pay rent until the end of the lease - unless landlord and tenant agree to an early termination. If tenant does not pay in full what landlord says is owed, then landlord can make an adverse credit report entry, lowering tenant's credit score. Landlord can also withhold the... Read more »

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1 Answer | Asked in Landlord - Tenant for Oregon on

Q: Can my landlord raise rent in less than 90 days because she is unsatisfied with yard care we agreed to do?

We had a verbal agreement that the tenants would care for the yard in exchange for reduced rent. The landlord is unsatisfied and sent a text message that she would be increasing rent. Will she still need to provide written notice (not text message) and will she have to wait 90 days for the... Read more »

Gregory L Abbott answered on Jun 12, 2019

You don't provide enough details to answer with certainty but generally, and likely, you are correct that at least 90 days advanced WRITTEN notice, lawfully served, is required to raise rent in a non-week to week tenancy and can only be raised after the first 12 months of the tenancy. The raise is... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on

Q: Do I have a case against him if I were to take him to civil court?

My landlord is refusing to return my security deposit being that I ended the lease early. However he breached the terms of the lease on multiple occasions. He entered the property without adequate notice or any notice at all. He bug bombed the house causing my roommate to become ill. He also failed... Read more »

Peter N. Munsing answered on Jun 12, 2019

Generally he can't hold the security deposit. however he can make a claim for the balance of the lease though he has an obligation to find a tenant. A lot depends on who did what when. Suggest you consult a lawyer who handles landlord tenant issues. If you're eligible for Legal Aid that would be... Read more »

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