Landlord - Tenant Questions & Answers

Q: My Landlord is not returning my security deposit even after 45 days since I moved out . Please advice.

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 18, 2018
Joseph D. Allen's answer
It doesn't sound like, based on what you say, that the landlord is in compliance with MD law with regard to the retention of your security deposit. Also, if your lease term was to end on 10/31, and you gave enough notice according to the lease of your termination (and it didn't automatically renew for another year before you gave notice), the landlord can't hold you responsible for rent until she finds a new tenant. You should discuss with an attorney practicing in landlord/tenant law. There...

Q: What can i do after a sheriff lockout eviction from a unfair unlawful detatainer.

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Answered on Dec 17, 2018
Manuel Alzamora Juarez's answer
If you have been unlawfully evicted you may file a lawsuit in the Superior court of your county.

There are three things you need to prove:

1. There was a violation of a housing code by the landlord and you repeatedly complained of the violation to the Landlord.

2. You filed a report with the city Inspectors and they notified the landlord of said violation.

3. the Landlord retaliated against you by evicting you after they got the City's violation report....

Q: In the state of Ohio Can a landlord turn you into collections if you have willingly broken a lease

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 17, 2018
Matthew Williams' answer
Yes, debts can be sold to collections agencies, and it's a debt.

Q: My lease ends in Sept, states my rent is $800/mo. Landlord told me today he is increasing my rent $100/mo. Legal?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Answered on Dec 17, 2018
James G. Ahlberg's answer
Probably not, if the lease doesn't say anything about increases during the term of the lease.

Q: Can I break my lease and not have to pay out the term of lease if I forced to move out due to safety concerns?

1 Answer | Asked in Contracts and Landlord - Tenant for Ohio on
Answered on Dec 17, 2018
Joseph Jaap's answer
There is no such law allowing you to terminate your lease. But you could give landlord a written notice of the problem and then start paying your rent each month on time into escrow with the local court, which can schedule a hearing to determine if landlord has any responsibility to do anything. Check the local court web site for the escrow process.

Q: Need help to decide notice to Quit deadline

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Answered on Dec 14, 2018
Elizabeth Tarasi's answer
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.

Q: My tenant signed an agreement to vacate the premises in 30 days. If she does not move as promised, do I have to evict?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 14, 2018
Gregory L Abbott's answer
You cannot start an eviction until after the deadline passes and the tenant still remains. Then you must file to evict and evict through the court process or be liable to the tenant for a variety of potential damages, none of them cheap. A court eviction is a technical process that must be followed exactly or risk having your case thrown out, with you owing the tenant's court costs and attorney's fees, plus you have to start over from scratch. IF you want to enforce her termination notice,...

Q: I left out of state and my parents stayed in my apartment my landlord doesn’t want to add them to the lease

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
The landlord doesn't have to add your parents to the lease. Is your landlord threatening to evict them?

Q: My family rented a home from who we thought was the owner but she lost house in foreclosure

2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for California on
Answered on Dec 14, 2018
Manuel Alzamora Juarez's answer
Assuming you have already sent her a letter telling her to turn the water and she has refused. Call the City inspectors and tell them to cite her for depriving you of water and sewage. Once the city inspects your house and cites her, talk to a Tenant lawyer to advise your further. Best of luck:

Q: Even if I'm a couple of months behind in rent can I still stay in my apt until my court date in January

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 14, 2018
Alexander Florian Steciuch's answer
If you have a court date for an eviction you can still stay in your apartment until the date of the eviction hearing. The eviction hearing is set to determine whether or not you will be able to stay in the apartment or forced to leave. If you pay all the rent that is owed before the court hearing it will not stop the eviction hearing without positive consent of your landlord.

Q: Garnishment Hearing

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Dec 14, 2018
F. Paul Maloof's answer
At a garnishment hearing, the court will hand over any checks received from the employer. If the employer does not provide any checks, you can ask for a Rule to Show Cause. The employer and/or the defendant do not have to appear at the hearing.

Q: Moved out in May and got my deposit back in July. I recently received a bill for utilities. Can they bill MONTHS after?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Dec 13, 2018
Gregory L Abbott's answer
Well, yes, a landlord can bring claims against you for up to one year after the claim arose. That said, however, it sounds as if you may have multiple claims against the landlord. First, they were obligated to either refund or provide a written accounting for why they were keeping your security deposit within 31 days of your restoring possession to them. If they were late, you are entitled to recover twice the amount not timely refunded or accounted for, plus your court costs and attorney's...

Q: I live in mobile home park rent ground but own home. Park says they are responsible for large trees but

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Dec 13, 2018
F. Paul Maloof's answer
Call the office of the Virginia Attorney General and make a complaint.

Q: Can my apartment actually make me pay for bed bug treatment and go through the provider of their choosing?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for California on
Answered on Dec 13, 2018
Thomas A. Grossman's answer
Unfortunately it is a tough question to answer. It is often impossible to know where the bed bugs came from, or when, or who brought them there. Before I fork out $650 I would want a statement from the landlord that no one else in the complex has bed bugs. The landlord might simply be trying cure a bed bug problem in the building by charging everyone who has, or has had, a bed bug problem there. If anyone else has had such a problem, I would move out of the apartment. You will probably...

Q: Is it my responsibility to make sure a tenant returns a new lease.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Dec 13, 2018
Joseph Jaap's answer
It is not a legal requirement for landlord to do that, but if landlord does not have a lease signed by tenant then landlord can say it is a month to month tenancy, which can be terminated at the end of any month by giving 30 days written notice. Written notice given now would be effective to terminate tenancy on January 31, and if tenant does not leave, then you could file an eviction. Tenant is likely to provide a copy of the lease to avoid that. But if it expires in 2 months in February,...

Q: Landlord will not provide rent receipts for my cash payments, can he say I’d didn’t pay rent and take me to court ?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 13, 2018
Joseph D. Allen's answer
From what you've said, it does seem that the landlord is violating the lease, and potentially state laws (namely, by taking cash payments without a receipt given and increasing rent without notice). You should probably speak with an attorney- a lot will depend on what your lease says exactly, and other circumstances.

Q: Im in Prince Georges County Maryland. My Landlord refuses to honor 2-year Lease by

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Dec 13, 2018
Joseph D. Allen's answer
If the lease requires the landlord to pay utilities, then that is what they have to do. It is unlikely that your lease allows the landlord to unilaterally terminate the lease early- so if you don't want to do that, don't agree to early termination. It might be advisable to send the landlord a certified letter stating your demand that they pay the utilities, and that you don't agree to early termination of the lease. If push comes to shove, speak with a landlord/tenant attorney.

Q: If i was a resident with someone in their home and they pass away. Am i allowed to stay in the home since the rents paid

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Dec 12, 2018
Gregory L Abbott's answer
It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do anything with the deceased's property, including the house or to collect rent from you for it. IF brother in law has been appointed Personal Representative of the deceased's estate by the court, then he...

Q: Year contract is up in June and landlord wants us to sign another year lease by Jan. Do we have a month to month option

1 Answer | Asked in Contracts and Landlord - Tenant for Oregon on
Answered on Dec 12, 2018
Gregory L Abbott's answer
It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the choice to become month to month. So one needs to look at your lease wording critically and carefully. Normally a landlord is not required to offer you a month to month option so any right you might...

Q: If I pay all my rent can this stop a eviction if the landlord takes it

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Dec 12, 2018
James G. Ahlberg's answer
Yes, but only if you were served with a landlord's 5-day notice (rather than a 10-day notice), and pay all the rent within the time allowed by the notice.

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