Landlord - Tenant Questions & Answers by State

Landlord - Tenant Questions & Answers

Q: landlord rights in Virginia

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on May 25, 2016

It's going to depend on the terms of the lease - what rights of entry does it give to the landlord, and under what conditions? This is too case-specific for general information on the web. Consult with a local landlord/tenant attorney so he/she can review the lease and help guide you. Good luck!
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Q: My wife and I live in a house on her mothers property.My wife recently passed away.How long until she can evict us?

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for California on
Answered on May 23, 2016

A landlord must normally give you 60 days written notice in order to terminate your tenancy without cause for a month to month tenancy. The exceptions are:

1. You live in a city or county (like San Francisco) with a "just cause for eviction" ordinance, prohibiting terminations without cause.

2. The owner may use a 30 day notice if: you lived in the unit less than one year or all of the following apply:The unit is a SFR or otherwise has title separate from other units on the...
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Q: What's the landlord liability when the tenant has a live-in au pair?

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on May 23, 2016

There should no real liabilities just because they are a live-in au pair. If this person gets injured on the property due to your negligence, you would face the same liability as if they were the tenant.
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Q: How often can a landlord raise monthly rent and what % can it be raised?

1 Answer | Asked in Landlord - Tenant for California on
Answered on May 20, 2016

It depends on the particulars of your situation, like whether you have a lease, whether the lease is written or oral, etc. If the rental property is in Oakland, then you also have to abide by city or county rental laws as well.

Andy
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Q: Heavy smoker neighbors moved in downstairs - they smoke out on the patio all the time - how can we get them to stop?

1 Answer | Asked in Landlord - Tenant and Personal Injury for Oregon on
Answered on May 20, 2016

You should first review the rental agreement you have with your landlord to determine your rights. The landlord may be required to make accommodations for you if the smoke is adversely affecting your health, as documented by a health care professional. You may also have a nuisance claim against the neighbors depending on the specifics of your situation.
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Q: Ia it legal for a landlord to demand next month's rent to be paid before the 1st?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 20, 2016

Check your lease agreement. If the lease agreement does not require payment before the 1st, you arguably are not required to pay prior to the 1st of the month (and are not in default if you don't pay). Be aware that special circumstances can be a factor for a one time change (e.g. the 1st falls on a weekend, etc.). Also be aware that not paying early will likely sour relations with your landlord...
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Q: If we recieved a five day evection do we have to get out or does landlord need paper work from the court

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on May 16, 2016

"Self-help" evictions are generally not allowed - a court order is needed. It sounds like they may be in the early stages. If you have been paying your rent timely, take your lease and info to a local attorney or legal aid office for guidance, as you may have a defense to eviction. Do so quickly. Good luck.
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Q: Someone broke into my apartment, do I have grounds to leave my lease since they knew the lock was broken 4 weeks ago?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 16, 2016

Not in my opinion.

What does the lease say about a lock? Did you inform the landlord that the lock was broken and ask that they have it fixed?
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Q: I moved into an apt with my friend and her boyfriend. I was not on the lease.

1 Answer | Asked in Landlord - Tenant for Alaska on
Answered on May 14, 2016

Yes, because you paid them some rent, they could demand that you continue to pay rent until you gave them notice of your intent to vacate. They were not entitled to lock you out. It appears, however, that they cured that "wrongful ouster" when the manager helped you get back in.
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Q: I live in Florida Palm Beach County. I have a tenant renting a house I own. The tenant has been in there for 1.5 yrs.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 13, 2016

When the 5-day notice has expired without payment, you should immediately sue to evict him.
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Q: Rented my home in Philadelphia, PA.for 1 year and the renters caused more damage than the deposit can cover. Options?

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 13, 2016

If the premises are in Pennsylvania, why are you asking this in the Florida section?

It appears that your option is to sue the renters for the amount of damages not covered by the deposit.
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Q: I have a judgment against a tenant from VA (fairfax County) . any suggestion which firm practices debt collection

1 Answer | Asked in Collections and Landlord - Tenant for Virginia on
Answered on May 11, 2016

Unfortunately, we cannot give such recommendations in an open forum like this. In order to find an attorney, you need to do some research on local firms and give them a call.
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Q: Can my landlord ask me to move out in 30 days because he wants to live on the property without written notice

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on May 11, 2016

If you have a lease, then you cannot be given notice to quit unless the lease has expired. If there is no lease agreement, then the case gets complicated. Normally, a court order is required to leave (eviction); private parties can agree to terminate a lease early or leave, but you are not required to agree. In all cases written notice is required--unless the lease term is expiring and the landlord simply chooses to not offer a lease renewal... Contact a lawyer if you feel something...
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Q: I am renting and have been served forclosure notice. What steps shoyld i take?How long do we have until me must move?

1 Answer | Asked in Foreclosure and Landlord - Tenant for Florida on
Answered on May 11, 2016

A foreclosure case can take from several months to longer. If and when the foreclosure sale happens, the new owner may want to rent to you; you should talk to them at that time.

I would be surprised if you get your security deposit back. But you should continue paying rent. Perhaps it would be helpful to ask (in writing) for proof that the security deposit is ... secure.
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Q: I have no written lease with my landlady, however there was a verbal agreement (sans handshake) am I legally obligated

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on May 10, 2016

That would depend on the extent of your dealings and the terms of the oral agreements. You may need to consult a local attorney to discuss this in more detail prior to getting an answer.
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Q: we were given a garage when we moved into our apt 8years ago have new owners now can they charge us $100 for garage ?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on May 10, 2016

Sure they can, unless there is something in your lease preventing it. Good luck.
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Q: If you are evicted due to violation of Chapter 83, section 52. Can they legally only give you 7 days to vacate an apt?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on May 9, 2016

You need to ask this in FL not NJ
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Q: Can a landlord ask you to pay for damages that were done to the walls due to smoking, if there wasn't anything

1 Answer | Asked in Landlord - Tenant for New Jersey on
Answered on May 9, 2016

Just because something is not specifically mentioned in the lease does not mean that the condition mentioned would not be covered such as it is implied in every lease that the person leasing will not damage or law waste to the property. I would suggest that you have a local attorney review the lease for you and give you an answer for your specific question.
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Q: I am 68 year old male with a 64 yo wife, What are our rights utilizing a security deposit for our last month's rent?

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Answered on May 7, 2016

If your landlord is in agreement, great. If not, and there are costs that are attributed to you for any damages, you may find yourself defending a lawsuit in the district court.
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Q: The city of Warwick Rhode Island has just told me that my apartment is illegal I have 30 days to move what are my rights

1 Answer | Asked in Municipal Law and Landlord - Tenant for Rhode Island on
Answered on May 7, 2016

The terms of your lease will be very important in evaluating your rights. If you can't resolve the situation with your landlord, consider meeting with and retaining an attorney to assist you.
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