Lawyers, Answer Questions  & Get Points Log In
Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can my landlord legally cut my (outside) Internet cable?

I pay for my own Internet. Cable and jack were present when I moved in. Landlord is forcing residents to use landlord-chosen ISP. New service will quadruple my bill. I asked landlord HOW my Internet service would be “discontinued” - and I was told that the cable will be cut outside my... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 20, 2021

I believe your landlord can do so. You may be in what's called a "multi-dwelling unit", and ISPs and cable companies can compete for exclusive service to those. Once service is secured, they become the exclusive provider of services to that dwelling.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Tenant is month to month and we are selling our house. We sent certified letter to vacate.

Letter states to vacate in 30 days. Is she covered by cares act or does she have to leave in 30 days? We are not going through the court because they are not hearing on evictions until July. What rights do we have as landlords?

Leonard A Englander
Leonard A Englander answered on Jan 20, 2021

At the moment, there is no law in effect that would stop you from giving 30 days notice. CARES coverage expired a while back for these types of cases. You will likely have no choice but to go through the Courts. Unfortunately, that is the only legal way to get rid of a tenant who refuses to leave.... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I am a Maryland landlord and wish to sell my rental property. Our tenant is month to month. Can we sell during pandemic?

Our tenant owes 11k in back rent due to pandemic. We sent a certified letter to her to vacate in 30 days as we need to sell. We are trying to prevent the house going into foreclosure. She said she’s not leaving. What rights do we have as landlords?

Leonard A Englander
Leonard A Englander answered on Jan 20, 2021

That sounds very frustrating.

So, provided the 30 day letter was done properly, you would need to file a Tenant Holding Over action with the District Court. This will start the process for eviction. Unfortunately, the Courts are in Phase 2 so there is no guarantee when the courts will hear...
Read more »

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: May landlord wants to talk with me before I vacate. Am I able to refuse the request?
William Bailey
William Bailey answered on Jan 19, 2021

I am not aware of any legal requirement to speak to your landlord unless there is a provision in your lease agreement that says this.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: can I get evicted during the covid pandemic due to loss of income from unemployment?

my husband was laid off and his unemployment funds have been exhausted we received a 3-day notice to vacate the property that does not look like a legal document to me

Joseph Jaap
Joseph Jaap answered on Jan 19, 2021

There is a moratorium on evictions for non-payment of rent if the tenant meets the CDC requirements and gives the landlord the required form. Check the CDC web site for the form and the requirements. The moratorium is set to expire 1/31/2021, but there is talk of extending it.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: We have lost our jobs due to Covid. We cannot pay rent now. Can we get out of the lease with just loosing the deposit?
Joseph Jaap
Joseph Jaap answered on Jan 19, 2021

There is a moratorium on evictions for those who cannot pay rent because of Covid if they meet the requirements of the CDC and file the form with the landlord. Check the CDC website for the form. If you qualify, then contact the landlord, who might agree to let you leave. Or if you qualify, you... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Tenant walked away from apartment and left her stuff and massive amounts of garbage and rubbish. Can we empty the place?

Tenant walked away and left all her stuff and what appears to be a years’ worth of garbage and rubbish. She didn’t pay December of January rent and hasn’t responded to phone or texts. She is alive (has posted on FB). Can we pay a hoarding / removal service to empty the place and then try to... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 19, 2021

File an eviction action and include a claim for the cost of trash removal, repairs, cleaning, etc. But even if you win and get a judgment against her, you then have to try to collect on it. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If I live with my mother in Virginia and want to move out but she's threatening not to let me have my property.

I buy food and fix things per agreement for rent but an argument caused this question.

F. Paul Maloof
F. Paul Maloof answered on Jan 18, 2021

The facts as stated are not really clear. I assume you have a oral agreement and not a written lease. Assuming that is true, the Virginia laws allows for an oral lease agreement to be terminated by whether the tenant or the landlord with a written 30 day notice given to the other. If the party who... Read more »

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: I gave 45 days notice to terminate a month to month lease so I can move back in. Is tenant protected under moratorium?

The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Jan 18, 2021

My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.

View More Answers

2 Answers | Asked in Personal Injury, Animal / Dog Law, Elder Law and Landlord - Tenant for California on
Q: spraying raid into my room all day and night my cat and i are physically ill do i speak w/ a personal injury lawyer
William John Light
William John Light answered on Jan 18, 2021

If you sprayed an insecticide into your room all day and night and then became ill, it sounds like you made yourself sick. You should go to the doctor before you even think about talking to an attorney. If someone else is responsible for spraying Raid, then that person might be responsible,... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: I just got served with a court paper that the deputy said I had until midnight tomorrow to be out is this legal
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jan 18, 2021

Obviously, I do not know all of the facts. If a judgment was entered against you and the sheriff came to give you notice to vacate before carrying out the judgment but returning possession to the landlord then it's "legal." It takes a lawsuit, service or posting of the summons,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Carolina on
Q: I am letting people use a building for church. Should I have insurance on it and if not who is responsible for accidents
Ben Corcoran
Ben Corcoran answered on Jan 18, 2021

Insurance is a choice unless the land is mortgaged and then it is normally contractually required. As to who may be responsible, this sounds like you do not have a formal lease in place. I highly recommend having the church sign a formal lease and specifying in that lease the parties'... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Are there any reasons that I can evict my tenant during the moratorium?

She is slightly behind on her rent, but she has always caught up in the past. The problem is, her boyfriend stayed more and more during the pandemic, and now he is living there. She obtained a second dog without permission as well. Most egregious, and the reason I am fed up and want her out is that... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2021

First review the procedure landlords must follow in order to evict. Check this link for a complete explanation. The Eviction Process in New Jersey: Rules for Landlords. (Copy and paste in your browser window) Also, check with the Court for the County in which your municipality is located to... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid.

Tenant has given notice to vacate the property but not allowing anyone to come to see the house due to covid. Not even Allowing to video tour. Is there something I can do? I have a standard Virginia realtor agreement.

Thanks

F. Paul Maloof
F. Paul Maloof answered on Jan 16, 2021

The standard NVRA lease form gives the landlord authorization to access the premises after giving the tenant written notice. If you gave the proper notice and the tenant is refusing to give you access to the premises to show the premises to possible future tenants, the tenant has breached the lease... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: does a landlord have to provide you with notice of a warning sent to them from the hoa?

the hoa sent a warning to the property manager/landlord about a broken blind, they did not give me the warning stating they do not have to, however when the hoa followed up for compliance they seen that it was still broken and issued a fine, which was passed to me.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2021

Don't pay the fine. It's up to your landlord to pay it. If your landlord wants to be reimbursed by you, the landlord will have to be able to demonstrate that you were given notice and that your lease requires you to pay it.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my Landlord ask me or try to force me to renew my lease before it is up
Barry W. Kaufman
Barry W. Kaufman answered on Jan 14, 2021

He can certainly ask you whether you intend to enter a new lease term. You probably have a condition in your lease in which you must notify him of your plans to renew.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenants failed to use ventilation in the bathroom and improper setting of dual thermostats caused molds in the property.

Hired three technicians and they all stated attic is well insulated and that hvac and ac unit are clean and functioning properly. All technicians concluded that setting the thermostat to 72 upstairs and 67 downstairs created excessive condensation that led to mold.

Per mold... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

Unless the property manager is also an attorney, he or she cannot represent you in court. You may, of course, be able to require them to find a Florida attorney for you and to appear in court to testify. That would depend on the terms of their contract.

Can you document that the tenants...
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My part time girl friend moved out of my house some time ago. We have had very little contact with each other.

95% of her posessions and her 4 pets are still here. How do I proceed in getting her stuff and animals out of my house? Do I have a right to charge her storage and boarding fees for her animals?

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

To be safe, proceed with a proper eviction action, and you can include a claim for any costs you incur. If you just dispose of her things and take the pets to the animal shelter without a proper eviction action, she could sue you for their value. Use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: hi, I live in an apartment building in silver spring, md, of which i do not have a window or a proper ventilation system

when i asked the landlord to fix the vent, that has so much dirt and grime hanging out of it, i was told it is not in the budget. it seems they do not want to fix it and i cannot afford to move now. what is my legal recourse?

Mark Oakley
Mark Oakley answered on Jan 14, 2021

It depends on whether he air quality from the dirty vent (or the restricted air flow) poses a substantive health hazard to you, thereby making occupation of the apartment a dangerous health hazard to you. If yes, then you could file a rent escrow action in District Court (forms may be found on the... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My landlord sold the house without telling us and the new owner gave us 30 days to vacate. We was on a month to month

Lease. What can be done? The previous landlord never gave us our copy of the new lease.

F. Paul Maloof
F. Paul Maloof answered on Jan 13, 2021

A buyer who purchases the premises takes the premises subject to the existing lease that was between and among the seller and the tenant. No notice is required under Virginia law for the landlord to give the tenant that the landlord was intending to sell the premises. Since the lease was a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.