You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

First of all, your sister has no authority to control any property until a will is probated or an intestate (no will) proceeding is initiated and she is appointed as the Personal Representative. If you cannot find a will, then it may be a good idea for you to initiate such a proceeding and ask that... View More

You should send written notification to the landlord or the landlord's representative with copies of the photos and videos. Check your lease to determine if it contains a provision specifying where and how written notice is to be sent. If your lease does not contain such a provision, send... View More

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answered on Apr 15, 2025

I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse... View More

Under New York General Obligations Law § 7-108, a landlord must return the tenant's security deposit, less any lawful deductions, within 14 days after the tenant has vacated the premises (moved out).

Itemized Statement: If the landlord deducts any amount from the security deposit,... View More

It appears you have a verbal month-to-month lease for an indefinite term. If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease. She is not required to notify you of her intent or efforts to sell the house. Absent an agreement to the... View More

You will need a personal injury attorney with an emphasis on premises liability at apartment complexes. Regarding your injuries, you likely have a claim for negligence due to the sudden drop of the elevator. The drop could be due to skipped maintenance or lack of emergency systems, causing your... View More

I don't know enough about the specifics of your situation to give you specific advise. However, in general, when you agree that you owe the other party due to an agreement, it often makes sense to pay the amount that you agree that you owe. Then it is up to the other party to see if they... View More

Unlawful detainer and eviction are 2 similar but completely different causes of action. In an eviction, you are required to be given notice. There is no notice in an unlawful eviction action. A small claims action on your part is absolutely incorrect. I urge you to seek an attorney's help... View More

If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high... View More

The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to... View More

In the absence of significant damages, it will likely not be possible for you to locate an attorney willing to work on such a case on a contingency fee basis. You would need to show some sort of "value" to the leased premises. If it is a commercial property in a prime location with a... View More

You and your co-judgment debtor are each responsible for 100% of the judgment amount. if the other guy can't be found, refuses to pay, etc., its all on you. Landlord's attorney is 100% correct.

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a... View More

I think you are correct that the lease by agreement between the parties has shifted what would normally be the landlord's responsibility for cleaning and "normal wear and tear" to you as the tenant.

There is no legal prohibition on the parties agreeing to do this.

The answer to your question depends on whether the "two tenants" are people you were sharing the premises with you under the lease (cotenants) or new people who rented the premises after you stopped living there.

When you sign a lease for one year, you commit yourself to paying... View More

Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More

One spouse cannot have another spouse removed from what has been the marital property. Your husband cannot make you leave, even if it's his grandmothers property. She can go through the proper process of evicting you.

Absent rent control or some other local codes, private landlords can choose to charge whatever the market will bear for rent.

This is the disadvantage of renting.

You can also choose to move somewhere else with little to no notice.

This is the advantage of renting.... View More

Yes, you can stay in your marital residence even though he has moved out.

Yes, he can legally turn of utilities that are in his name before a divorce is filed.

Because you are also an owner of the home, you can turn the utilities back on in your name.

If you file for... View More