Landlord - Tenant Questions & Answers

Q: Does a landlord in RI have to supply hot water to their tenants

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Answered on Feb 16, 2019
Neville Bedford's answer
Yes, in reasonable amounts.

See: http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-22.HTM

Q: Are tenants required to pay the rent until the end of their lease?

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Answered on Feb 16, 2019
Neville Bedford's answer
Review the lease agreement, you prepared with the help of your attorney, to discern if it is worth investing in the necessary litigation to force them to fulfill their contractual obligations. If you have found a successor tenant, be sure to use a written lease, and let your attorney know that the unit is now occupied.

Q: Curious what the regulations are for “grandfathered” rentals? H2O @160, leaking windows, no bath vents or windows

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Answered on Feb 16, 2019
Neville Bedford's answer
Curiosity is a great pastime. Start with the Statutes defining the implied warranty of habitability here in Rhode Island at http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/INDEX.HTM http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-22.HTM http://webserver.rilin.state.ri.us/Statutes/TITLE34/34-18/34-18-28.HTM

http://webserver.rilin.state.ri.us/Statutes/TITLE45/45-24.3/INDEX.HTM

etcetera

Then read some of the cases decided on the topic, and...

Q: My husband and I are separated and I would like to not let him come back into my family's second house can I do this

1 Answer | Asked in Divorce, Family Law, Child Custody and Landlord - Tenant for Texas on
Answered on Feb 15, 2019
Rahlita D. Thornton's answer
If you have temporary orders in place concerning this issue you have to follow them. Your question does not give facts as to whether a divorce action has been filed as of yet. Locking one's spouse out of the house can be problematic. It is best to ask the court to lay out instructions since you two can not agree on these matters.

Q: My Tenant is withholding rent because the stove is not fix due to the necessary part is on back order.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 15, 2019
Elaine Shay's answer
NY tenants may be entitled to a rent abatement if a landlord fails to make necessary repairs or provide services. That does not automatically mean a tenant "can" withhold the entire month's rent and a landlord can still commence a nonpayment case. However, to avoid legal fees and further deterioration of the landlord/tenant relationship, it might be more productive to address the stove issue by replacing the equipment or offering a partial rent abatement for the delay caused by the back order...

Q: Are wikiforms a good resource to use for a lease agreement? I just have one property I am leasing.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 15, 2019
Gregory L Abbott's answer
I am not familiar with wikiforms. You need to use a form that has been drafted by attorneys, specifically for use in Oregon. I recommend MultiFamily NW forms to my clients - I think they are both the best and clearest. Nothing wrong either with Stevens-Ness forms. Both are drafted and maintained by Oregon attorneys and are available on line.

Q: I am in a lease agreement and the owner has to sell the property. Is my current lease binding if the property sells

1 Answer | Asked in Consumer Law and Landlord - Tenant for Colorado on
Answered on Feb 15, 2019
Donald C Eby's answer
A change of ownership does not change your rights under the lease.

Q: I am selling a house with a tenant in the process of being evicted.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Feb 14, 2019
Elaine Shay's answer
Your best bet is to move forward expeditiously with the eviction process. In the meantime, you should consult with the attorney handling your landlord/tenant matter regarding obtaining access.

Q: What are my rights in NJ as a tenant after a new owner takes over?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on Feb 14, 2019
H. Scott Aalsberg Esq.'s answer
Everything varies from town to town I would suggest a consultation with an experienced lawyer, it may cost you a few bucks but at least you will get the answers you need.

Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered

3 Answers | Asked in Personal Injury, Products Liability and Landlord - Tenant for California on
Answered on Feb 14, 2019
William John Light's answer
File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/

Q: Does my landlord have the right to tell me what I am allowed to store in my carport?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 14, 2019
Joseph D. Allen's answer
The first place to look is the lease language regarding the tenant's responsibilities to maintain the premises (and the carport in particular). Sometimes it is vague and ambiguous, so might turn on the reasonableness of the landlord's request vs. the reasonableness of your conduct. Tenants can be found in breach of their lease for junking up a yard and refusing to clean it up, but based on the facts in your question that doesn't seem to be the case.

Q: I own a trailer but rent a lot from a landlord. Whose responsibility is it to remove a hazardous tree?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Feb 13, 2019
F. Paul Maloof's answer
Generally in Virginia, if the lease for the land states that the Tenant is responsible for maintenance of the land, then the Tenant is responsible for the trees. If there is no mention of who is responsible for maintenance of the land, the tree is a fixture of the land and it generally is the landlord's responsibility to care for the trees. Each case will depend on the facts on a case by case basis.

Q: Our garage door will not stay up. Is this considered a safety hazard in which we can withhold rent?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
This is not a listed condition in the statutes that empowers you to withhold rent. Put your landlord on notice in writing that there is a hazard that needs to be fixed. Without looking at your lease, an attorney cannot tell you what all your rights may be under the facts of your case.

Q: My landlord has decided he no longer needs to honor our verbal agreement regarding having overnight guest.

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Real Estate Law and Small Claims for California on
Answered on Feb 13, 2019
Thomas A. Grossman's answer
A verbal agreement means nothing. You are fortunate that you were granted 4 years for you and your mother to live in the owner's house. I have already answered this question once. I presume the Landlord owns the house. If so, it is his house and he can give you notice to leave any time he wants. Just like you can leave the house any time you want. Don't blame the landlord for being a good guy and giving you 4 good years. I suggest that you and your mother find another place to live....

Q: The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?

1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Answered on Feb 13, 2019
Thomas. R. Morris' answer
You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents, such as the "management corp."

Q: Can an apartment complex make me purchase their limited liability policy and refuse mine through Statefarm?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Missouri on
Answered on Feb 12, 2019
Jennifer Sheila Kornblum's answer
The answer to this question lies in the language in your lease. Check the paragraph about insurance. It will control your responsibilities and obligations.

Q: My lease ends at the end of the month and the landlord is trying to say they can charge us two months rent

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 12, 2019
Joseph Jaap's answer
Landlord can make such a claim and even sue you in court. Anyone can file a claim. The court would then review the lease and determine if landlord had a legal basis to claim you owe two months. But even if you win, a lawsuit is a public record, and could make it difficult to rent from a future landlord who checks the records. So try to work it out to avoid that.

Q: Can I get out of a lease if the landlord knew they were selling but didn't tell us before we signed the lease?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 11, 2019
Gregory L Abbott's answer
As long as the sale of the property was not a foreclosure or tax lien sale, the landlord generally has no duty to disclose to the tenants anything about his business affairs, including selling the rental dwelling. That is because nothing changes for the tenant beyond paying their rent (the same amount of rent) to a different person. All lease terms stay the same (with that sole change) and the new owner/landlord is responsible for administering the tenant's security deposits etc even though...

Q: Q: I saw marijuana when in my rental house. Can I give them a notice of violations?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 11, 2019
Gregory L Abbott's answer
You can always issue a notice of violation. If/when you actually go to court to terminate the tenancy and evict based upon it, however, you will have the burden of proving both violations (the initial which caused the issuance of the notice and the subsequent violation that proves they did not "cure" the lease violations. That said, if they have a medical marijuana card, you likely cannot either ban it entirely or evict them because of it. You can, however, certainly prohibit smoking/vaping...

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