Landlord - Tenant Questions & Answers

Q: Living in the 3 unit apt for 5 years, finally moving out. For 5 yrs my family experiencing cockroaches living inside.

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 20, 2017

See: http://www.dca.ca.gov/publications/landlordbook/living-in.shtml re: landlord's right to enter unit with proper advance written notice.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: If owner has tenants park in unsafe area until driveway is redone and tenants car gets stolen can they be responsible

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 20, 2017

If you parked illegally, you would be responsible for such violation penalties and consequences. Did your landlord provide you alternative private-lot parking options? Was street parking reasonably available? If not, that may be a lease violation. See: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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Q: Landlord says he's fighting fleas in the yard from ferel cats, can he charge me to exterminate when my apt gets infested

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 20, 2017

Your landlord is required to exterminate pests, per the implied covenant of habitability and/or any related lease terms. See: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,...
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Q: If I go to court and I agree to pay any rent I owe, will I still be evicted?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 20, 2017

If she accepts any rent money from you after filing the eviction action, the court will probably dismiss her eviction complaint, but ONLY if you get a written receipt of payment that she signs indicating the date she signs and the amount you are paying. But she does not have to accept anything from you. She can insist on payment in full, and if you don't pay in full, then she can proceed with the eviction. Use the Find a Lawyer tab and consult a local attorney.
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Q: Am I required to pay an eviction fee to my landlord if she accepted everything I owed and didn't get evicted?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Feb 20, 2017

You only have to pay if she sues you, and a court grants her a judgment, and a court orders you to pay if she takes collection action against you. She might not do all that, but she could still make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks your credit. If you receive a summons from the court that she is suing you, use the Find a Lawyer tab to consult an attorney in the city where the court is located.
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Q: I have lived in my rental apartment for 10 years. During that time, I have frequently babysat two different friends' dog

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for New York on
Answered on Feb 20, 2017

What does your lease say about pets? If the lease is silent about that, your landlord may be able to institute such a policy for people who don't own pets already, which sounds like you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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Q: I'm a home owner with a room to rent. If I felt threatened or unsafe in my home from tenant, is 30 days notice required?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Feb 20, 2017

You could actually do a for cause eviction sooner, but I would highly recommend hiring an attorney to do it for you as it will get complicated. Plus, if you mess up, not only is the tenant not out, but you would potentially have to pay their attorney's fees.
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Q: Sink disposal went out who responsible our landlord or us??

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 20, 2017

My opinion: the landlord in California. You need it repaired for the place to be livable.

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

"The landlord has this duty to repair because of a California Supreme Court case, called Green v. Superior Court,130 which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing...
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Q: is advance notice still required with the expiration of a lease?

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Feb 20, 2017

The terms of the lease will control. If it says 60 days, then 60 days notice is required. However, if the lease is silent, then the lease simply expires, unless there is a provision that says it automaticly renews ( in other words, there would be some wording about renewal, or notice of non-renewal). The owner/landlord has knowledge of the lease term, ( including the expiration date). They don't need to be told when it is going to expire- unless, again, the lease allows ofr automatic renewal.
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Q: If the judge gave me 30 days to move and I can't what will happen

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on
Answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and show cause why you shouldn't be punished for not obeying the prior order. Alternatively, the landlord may also be entitled to a writ of assistance, which is a judicial order removing you from the...
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Q: Can my landlord come do a walk through with a pending move?

1 Answer | Asked in Landlord - Tenant for Georgia on
Answered on Feb 20, 2017

The walk though is done once the house is vacant. It behooves her to wait. Boxes and furniture may just be hiding damages.

Regardless of when she does the walkthrough, any checklist of damages should note it was done before the move out date.

You can do your own video walkthrough once you move out all your items and make repairs. Make sure you also take pictures of corrections to any problem areas she may have noted in the premature walkthrough.
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Q: My landlord changed the locks, can i break in to get my stuff?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Feb 19, 2017

If you do not have a written lease, you are presumably a month-to-month tenant. The landlord is still required to give your formal written notice of termination of the lease and/or eviction. Based on your facts it is not clear if changing the locks was proper, but the landlord cannot destroy your property until adjudication has occurred (and the requisite waiting period has expired). Try contacting Colorado Legal Services, try offer fee to low cost legal assistance. You can also try your local...
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Q: What can i do if roomates got multiple complaints then blamed my family. Getting us evicted

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

If you are being evicted due to a room-mate's actions, you may be able to sue him/her for negligence. As for fighting the eviction, see: http://www.courts.ca.gov/selfhelp-eviction.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY,...
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Q: Can a landlord raise the rent before our move in date and after we have already paid deposits and signed agreement ?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

If you signed a lease for the stated amount, the parties are bound by the lease's terms; otherwise the breaching party may be sued for breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: A tenant has offered to pay 3 mo sec. deposit (CA max is 2 mo), is that OK and legal to accept?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

See: http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml

Is the home furnished? That would make a difference. Otherwise, no. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: I was told by my landlord by phone on AUG 10 (no written yet) that I had to be out by Aug 30 so he could make repairs

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

How long do you have to be away from your home? Are the repairs going to take an hour or two, or are we talking days? See: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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Q: If a landlord excepts part or all rent due along with late fees, do we have 30 days from time he received it to move?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

There is no immediate relevance between a landlord accepting due rent/ fees and how much time you have to vacate a home. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: I am in a class action against landlord. I moved with proper notice. received confirmation of a delivered package

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

Your mail has to be provided to you. If the landlord refuses to give you your mail, that sounds like a federal crime which you can report to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: Rental,and the tenants claim that wind broke the garage sliding door glass,they didnt close the security gate,who pays?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Feb 18, 2017

I hear no proof that the tenants broke the glass or that there was a wild party at the house at the same time the glass door broke, so it sounds like the only other possibility is that the wind broke it. If the wind broke it, then you may be responsible as the landlord to fix the glass door. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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Q: Evicting roommate not on lease

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Colorado on
Answered on Feb 17, 2017

There are various approaches, but this is the safest. Give her written notice that she must leave by no later than the end of the end March. If she stays into April, contact the landlord about changing the locks.
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