Landlord - Tenant Questions & Answers

Q: Can I terminate my lease because my landlord refused to give me another accommodation while making repairs?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Sep 19, 2017

Under the Code of Virginia, the situation you describe does not give you the right to terminate your lease.
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Q: My landlord came on Friday morning after Hurricane Irma and removed all the food in my refrigerator. I was out.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Sep 19, 2017

Perhaps they were hungry, and are trying to tell you that if you want to be compensated for your food to ask about it.
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Q: Trying to remove one person from a two person lease. Landlord is refusing to accept it

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Sep 19, 2017

Landlord does not have to agree to that. If landlord wants either both or none, then that's it. If landlord or you want to terminate the lease, then either landlord or both tenants can give 30 day notice to terminate the lease. If only one tenant gives notice, that is not sufficient to terminate that tenant's lease. Both have to terminate. Use the Find a Lawyer tab and discuss with a local attorney.
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Q: I was wondering if my case is a bait and switch

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Ohio on
Answered on Sep 19, 2017

It certainly sounds like it, but whether you have a claim depends on what the lease that you signed with landlord says. If the written lease doesn't commit landlord to upgrading it, then you might not be able to force landlord. Try to work it out. Do you want to move out? You can pay your rent into escrow with the court, and the court will hold a hearing for the landlord to explain what happened. The court might terminate the lease so you can move.
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Q: My tenants are disputing letter sent itemizing damages for not returning security deposit. What is my next step?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Sep 19, 2017

Your next step is going to depend on what you want to do. Your former tenants can dispute the itemized damages all they want. They could sue in Small Claims in an attempt to recover it but it sounds like you have a mound of proof and damages to come back at them with.

If you want to recover against your former tenants you would need to initiate your own lawsuit against them. If the damages are over $6,000, you will need to do this outside of Small Claims court.
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Q: Landlord has not replaced/repaired refrigerator

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Sep 19, 2017

The Code of Virginia does not address a refrigerator matter like the one you described. I suspect there is nothing in the lease that addresses a problem like the one you described. The only way to reach an answer is to file a lawsuit against the landlord and have a judge decide the questions and your claims. You may want to confer with a lawyer who practices near your residence in Yorktown, VA. My office is in Alexandria, VA.
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Q: I didn't sign month-to-month after annual lease expired, landlord sent letter to terminate & show apt. w/ 24 hrs notice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Answered on Sep 19, 2017

If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.

If the notice to cease wasn't sent, or was not properly sent, or other intervening actions occurred, it's possible you may be able to stay.

As far as showing the apartment, the landlord's access to the apartment is defined by...
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Q: I paid a deposit for renting a house but I didn't move in and the landlord cashed the check and has the money but won't

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Sep 19, 2017

You can sue in small claims court to recover your money. Check with your local small claims court for the process and form to file.
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Q: Landlord refuses to allow one person off a month to month lease without both people moving.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Sep 19, 2017

Either landlord or (both) tenants can terminate a month to month lease at the end of any month, by giving at least 30 days written notice. So if one tenant moves out without giving notice, that does not terminate the lease. Then if the full rent is not paid by the remaining tenant, the landlord can then sue both tenants for the full rent amount and collect from one or both, and also evict the remaining tenant. Even if the landlord doesn't evict, landlord can report non payment of rent to the...
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Q: My apartment has been infested 3 times in a year with bedbugs the manager says then i need to move what do i do

1 Answer | Asked in Landlord - Tenant for California on
Answered on Sep 19, 2017

You need to call your city inspector and have him write a code violation report. Also, go to the doctor and get treated for the sores. Take pictures of the bedbugs and of your person. Finally, talk to all your neighbors and ask them to complain to the health inspector. If you do not get any action by then. Contact a warranty of habitability attorney or bedbug attorney. Best of luck!!!
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Q: Are there legal repercussions to landlords who knowingly rent to an illegal immigrant?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Sep 18, 2017

Yes, their tenant can theoretically be grabbed by ICE and deported, leaving the landlord with no tenant to pay rent and with no 30 day notice, and having to deal with the tenant's personal property that is left behind. Of course they face the same possibility with any tenant, albeit perhaps with more intentional motives.
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Q: approved rental assistance pay owed +3 months.same day landlord evicted and will not sign form to be paid.now what??

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Sep 18, 2017

It sounds as if you are being evicted in court for failure to pay rent and that your landlord may be concerned that if they accepted a rent assistance payment, they would waive their right to evict you, at least at the moment. If so, assuming the landlord has jumped through all the legal hoops he has to, providing legally-adequate 72 Hr. Notice, legally served, and has properly filed FED paperwork with the court, there may be little you can do to avoid the eviction except to vacate before...
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Q: Is there a restrainig order to prevent a tenant being evicted from causing damage to my property

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Sep 18, 2017

You don't provide anywhere near enough information to be able to properly advise you but no, restraining orders have nothing to do with landlord-tenant relations per se. If you want to evict a tenant for cause, you must comply with all the landlord-tenant and eviction laws and obtain a court Judgment of Restitution. See a landlord-tenant attorney for help.
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Q: Neighbor's trees are hanging in my yard and over the roof, I notified her months ago about this and with the hurricane

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 18, 2017

Trees over hanging into your yard can be trimmed by you at your expense since she refuses.

The wires on her house are likely not an issue you have a say in.
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Q: my sister-in-law illegally evicted me out of her house a week ago can I sue her

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Georgia on
Answered on Sep 18, 2017

If you had a lease and were paying rent, then contact an attorney who handles tenant's rights issues.
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Q: I am selling my home and need extra 2 months to move. Am I required to pay rent for my current apt of 24 yrs?

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for New York on
Answered on Sep 18, 2017

Just change the closing date.
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Q: I'm disabled and my landlord rented to tenants to problem tenants

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Sep 18, 2017

Ohio Revised Code 5321-05 requires landlord to evict tenants conducing illegal drug activity: If the landlord has actual knowledge of, or has reasonable cause to believe that, the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in drug activity, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of an act that would be a violation of drug laws,...
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Q: If I broke a lease can my landlord decide not to rent the apt after i'm gone to make me responsible for the remaining

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Answered on Sep 18, 2017

The landlord may be entitled to certain relief under the contract, but it also cannot sit back and refuse to market and lease the property in attempt to collect greater damages. The landlord has a duty to mitigate its damages. So, whether the landlord marketed, showed, and attempted to lease the property will likely be at issue. Also, if you have any written correspondence showing prior issues with the landlord entering your premises - in a method that violates the lease between you -- that...
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Q: In Ohio can alandlord charge security dep, and first and last months rent up front.Interest owed and when??

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Sep 18, 2017

Yes, landlord can collect security deposit. Ohio Revised Code 5321.16 states: Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
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Q: What can I do if an individual agreed to refund me a payment but now refuses?

1 Answer | Asked in Consumer Law, Real Estate Law, Small Claims and Landlord - Tenant for Ohio on
Answered on Sep 18, 2017

You can sue in small claims court, but that might be more trouble than it is worth, and even if you got a judgment, it would take further action to try to collect it.
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