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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Lease is up 12/31. We have not renewed or agreed to month to month. if we leave by 12/31, do we have to pay for 30 days?

Current lease term is up on 12/31, but we will not be renewing. We have until 12/15 to either renew or go month to month. If we find another place and vacate before the end of our term on 12/31, are we still obligated to pay for 30 days' notice?

Gregory L Abbott
Gregory L Abbott
answered on Dec 7, 2022

Assuming you are in Oregon, it likely depends upon exactly what your lease says about renewal and/or termination. Fixed term leases vary - some automatically roll over into a month to month unless either party provides notice ahead of time that they do not wish to renew; some self renew for... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Our apartment forgot to charge us for the garage in the lease but still gave us access. Can they ask for money later?

Our apartment gave us access to our garage, but we noticed this month that they aren't charging us for it. I looked through our lease and they never added on the additional fee for renting a garage. We aren't planning to mention it to them since this isn't the first time they have... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 7, 2022

Your relationship with your landlord is partially controlled by state law, but the relationship is mostly controlled by the agreement you signed with them. Usually agreements are prepared in haste and are often missing things that leave issues that are important to you in limbo.

In this...
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3 Answers | Asked in Personal Injury, Landlord - Tenant and Legal Malpractice for California on
Q: Is it proper for an California Attorney to settle a civil liability case by including property damages in the settlement

I suffered personal injury and property damage as a result of my Landlord's failure to provide an apartment free from mold and other contaminants. I had a separate renter's insurance policy and my doctor told me that I must trash all of my personal belongings (clothes, furniture, etc).... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Dec 7, 2022

It will depend on what the fee agreement says. As a general matter, there is nothing improper about doing so.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord charge me for future rent if I break my lease?

My landlord went up on my rent and planning to raise it again in February, so I've been looking for another place.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 7, 2022

You cannot be held liable for an amount of rent that you did not agree to pay. In other words, you can only be held liable for rent that is required by your present lease.

I recommend that you thoroughly review your present lease and furnish the landlord any notice that might be required of...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a single 18-year-old rent and apartment in Nebraska?
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

You may want to review Nebraska statute Section 43-2101. It includes the following:

(a) Eighteen years of age or older and who is not a ward of the state may:

(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or...
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1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Texas on
Q: Wells Fargo Bank failed to give a clear home title and now I can't sell the house. What are my options?

Adverse Possession?

Nina Whitehurst
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Nina Whitehurst
answered on Dec 7, 2022

There are way too many missing facts for any attorney in this forum to be able to answer your question. You should gather up as much information as you do have and schedule a consultation with a real estate attorney in your area.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is my landlord legally responsible for the excess charges of my electric bill for a faulty a/c issue

Is my landlord legally responsible for the excess charges of my electric bill for a faulty a/c issue that not only caused mold to our apartment unit but doubled our electricity bill up to $400 for 3 months straight (onset to full remediation was 3 months & we were not in the unit for 2 1/2... Read more »

John Michael Frick
John Michael Frick
answered on Dec 7, 2022

Depending on the language of your lease agreement, your landlord could be legally responsible if you can prove the landlord deliberately damaged the A/C unit or negligently caused it to malfunction.

The excess electricity cost would be characterized as a “consequential” damage. In many...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a property manager require that each person makes three times the rent to qualify?

My husband and I have been living in our current rental for 3 years. New management took over and they are telling us that because my husband and I do not BOTH make 3 times the rent that we no longer qualify to live there. I support my husband while he's in grad school and this seems like... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Dec 6, 2022

I already answered your question over on Avvo.com but would add that I assume you are on a month to month tenancy (or they couldn't even try to kick you out until the end of the lease without alleging and proving you violated the lease terms somehow). You also don't say what they have... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: Can 76 yr-old give a 60-day notice to terminate residence with two 12-month + tenants? Going to assisted living.

My residence is in Huntington Beach - I am concerned about California Civil Code Section 1946.2 "just cause". Selling home to pay for assisted living due to health reasons. I will withdraw the residence from the rental market.

Jarrett Nila Buchanan
Jarrett Nila Buchanan
answered on Dec 6, 2022

The answer depends on a number of factors including how title is held and whether appropriate notices have been given. I would definitely recommend consulting with a real estate attorney before giving notice or trying to sell. Even better, hire realtors that are also attorneys to help you with... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I live in Galloway NJ and my landlord is trying to raise my rent by 200 is that allowed is a lot for a single mother
Morris Leo Greb
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Morris Leo Greb
answered on Dec 6, 2022

Check with your municipality to see whether there is a rent stabilization or rent control ordinance in existence. Also call your County Legal Aid office for assistance.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can lessor keep lessee’s security deposit if premises are rented immediately even if lessee’s lease isn’t expired?

We had notified lessor that we intended to sell the business. Our rent was paid up and we even found the new lessee.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 5, 2022

It depends on the written words in the lease.

1 Answer | Asked in Contracts, Family Law and Landlord - Tenant for Texas on
Q: I am needing to know if the lease my brother had written up is good. I can send an unsigned copy. I can explain my ?

My son at the age of 36 has been living with me for over a year. My brother is now trying to remove him from my home and property I live on. I have paid an additional $100 for December rent. According to my new lease my son is considered a guest and will only get to stay thru December. I also would... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 4, 2022

You can retain a lawyer to review the lease, My case is the fee will be about $175.00

1 Answer | Asked in Collections and Landlord - Tenant for New York on
Q: a judge set a judgment for 195$ after an eviction and landlord sent me to collections for 3830 I have disputed this

is this fraud on their part

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 4, 2022

Any judgment entered against you can be sent for collections, no matter how small. If the judgment is fabricated, it would be fraud and not only would the collector be criminally liable: you would also potentially be able to recover a financial settlement under the FDCPA. A detailed review of your... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: if a judge sets a judgment of $195 after eviction for cleaning fees can the old landlord send adebt collecter after you?

for 3830 claiming i never paid rent when it was never stated in court regarding eviction.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 3, 2022

In general your liability depends on the wording of the judgment but yes, if there is an unsatisfied judgment against you, no matter how small, it can be sent for collections.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much can a landlord raise the rent on a home in Millville, NJ?

My new landlord bought my home in October 2022. He raised my rent from $965.00 to $1250.00 per month and had me sign a 2 month lease which brings me to the end of the year. Now he has decided that he will be raising my rent beginning Jan. 1. He wants to raise it to 1500 or 1600 per month. Is he... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Dec 3, 2022

Check with the municipality if there is some rent control or stabilization program in effect. Also call your county's legal aid office for assistance. Otherwise the Landlord can charge whatever is deemed to be in the Landlord's best economic interest.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is landlord responsible for leasing a habitable place at time of rental.

I moved to a rental property Nov. 28 and have been killing roaches in every part of the house since I moved in. On Nov 29 I sent the property management a maintenance request for extermination as I cannot cook, put away anything in the kitchen or anywhere in the house because of the roaches. The... Read more »

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

Yes, a residential landlord is required to provide habitable premises.

While a pest infestation can render premises uninhabitable, most pest infestations do not. It presents a fact question that will generally depend the nature and extent of the infestation.

There is a marked...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If a landlord has a final eviction notice served & tenants have not left, can locks be changed?

This landlord has gone thru the Pinellas County court system and a final eviction was posted yesterday. The Pinellas County Sheriffs Office said they are swamped and won't be back until Monday.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 2, 2022

No.

2 Answers | Asked in Landlord - Tenant and Small Claims for New York on
Q: How soon can I take my landlord to small claims court to get my security deposit back . It’s been over 30 days .

Also do they have to give back double for not having it back on time?

Elaine Shay
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Elaine Shay
answered on Dec 2, 2022

Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... Read more »

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord evict me for reporting a crime?
John Michael Frick
John Michael Frick
answered on Dec 2, 2022

It is unlikely your landlord can successfully evict you for truthfully and accurately reporting a crime to the proper authorities.

But reporting a crime does not somehow give you immunity from being evicted for other reasons.

If a landlord is bold enough to state in the required...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: How can i get my security deposit back from my building landlord

They are refusing to give it to me. They are stating i did “damages” and stayed for 4 days in building before moving and stating i am responsible for the entire month’s rent. My lease ended nov 30. I moved Nov 4. They took pictures of apartment after i moved and stated i did damages when they... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 1, 2022

Under NY law, the landlord must return the full security deposit to you unless he provided an itemized list of damage charges within 14 days of move out. Whether the list they sent qualifies under the law is a legal question. It may be worth it to retain an attorney to serve him with a pre-suit... Read more »

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