Landlord - Tenant Questions & Answers

Q: If you rent property in VA, when you vacate the premises, does the landlord owe you your security deposit with interest?

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Aug 14, 2018
F. Paul Maloof's answer
Generally in Virginia, security deposits are not interest bearing unless the residential lease states otherwise.

Q: How far back can a landlord go back to collect unpaid rent

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Aug 14, 2018
F. Paul Maloof's answer
In Virginia, if there was a written lease, the limitations period is 5 years. If it was an oral agreement, the limitations period is 3 years.

Q: My place went into foreclosure..the new landlord wants me out..The new landlord agreed to help me move...I told him

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Aug 14, 2018
Elaine Shay's answer
You may have a number of defenses to the case the new owner has commenced. It wouldn't be surprising if the new landlord hopes you are not well informed about those possible defenses and that you can be pushed out without providing as much compensation as previously discussed. If you are represented and can put up a strong defense, it wouldn't surprise me if the financial offer you were presented with increased to something more attractive to you.

Q: I recently paid my rent for it to be rejected even after I got a confirmation number and 5 days later...

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and Landlord - Tenant for Texas on
Answered on Aug 14, 2018
Paul Looney's answer
You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.

Q: My roommate is trying to evict me because we aren't close friends.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 14, 2018
F. Paul Maloof's answer
In Virginia, only the Sheriff can serve a Writ of Eviction, which must be issued by the Court. A co-tenant has no power to issue an eviction notice.

Q: I want an older family member to move out of my home but she has refused.

1 Answer | Asked in Landlord - Tenant for Oregon on
Answered on Aug 13, 2018
Gregory L Abbott's answer
IF she won't go voluntarily, your only other option is to file in court to have her removed. The exact details control exactly what/how you file but essentially it is either for an eviction or an ejection. The goal of both is similar but how you get there legally is very different, as if the time and cost. Neither are a do-it-yourself project so you need to simply review everything in detail with a local landlord-tenant attorney and go from there. Good luck.

Q: Is it legal for a landlord in New York State to limit water usage per day?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Aug 13, 2018
Aubrey Claudius Galloway's answer
It depends on two things generally: 1. What the lease says (the lease is binding); and, 2. Who pays the water bill (you or the landlord).

If the lease is silent on the issue then he may only limit your water usage if he pays for it… However, if you offered to pay the difference the law of equity would allow you to do so. Basically, he can limited the usage for sure only if it is in the lease; he can probably limit the usage if he exclusively pays for it, but if you offer to pay or...

Q: Can I get deposit and rent back if apartment tested positive for lead and we haven't moved in yet?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Aug 13, 2018
Aubrey Claudius Galloway's answer
Yes. Call me or another Landlord / Tenant / Civil Litigation Attorney (someone who knows how to do a trial) and we will take care of it. In this sort of case I would do a free phone consultation and or a free in person consultation and would require a flat rate of $620 to get you back the security deposit and rent. Depending on the venue r in this sort of case I would do a free phone consultation and or a free in person consultation and would require a flat rate of $620 to get you back the...

Q: Is there a Colorado Statute allowing landlords to ask for proof of financial worthyness

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 13, 2018
Donald C Eby's answer
These would be questions contained in a traditional rental application.

Q: Is there anything my mom can do to kick out her boyfriend who is on the lease? Without paying thousands.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Answered on Aug 13, 2018
Charles M. Baron's answer
Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.

Q: Can a landlord claim we caused damages 2 years after we moved out?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 13, 2018
Christie Tournet's answer
Not if a notice of damages with an itemized statement of the damages v. the amount of your security deposit was not initially sent by Lessor within 30 days of termination of lease.

Q: tenant refuses to pay this month's rent, now has more family move in. Can I call cops to take them out.

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 13, 2018
Donald C Eby's answer
You can evict the tenant for failure to pay rent and/or breach of the lease by allowing additional occupants. Either way, the first step is to post a legally sufficient Demand for Compliance or Possession. If you are unfamiliar with the process you may want to hire an attorney to help you, many attorneys handle evictions on a low flat fee.

Q: Is there a limit to how much a landlord may increase residential rent in the city of Denver, CO?

1 Answer | Asked in Landlord - Tenant for Colorado on
Answered on Aug 12, 2018
Donald C Eby's answer
There is no limit to the amount a Landlord may increase the rent. The tenant has the right to move.

Good luck!

Q: If I don't have my rent on the 1st my landlord gives me a 3 day notice to vacate premises. Is that legal or scare tactic

1 Answer | Asked in Landlord - Tenant for Mississippi on
Answered on Aug 12, 2018
Arthur Calderon's answer
Under the relevant statute, if a person does not pay their rent, then the landlord can begin the eviction process by giving them a three-day notice to pay rent or vacate the premises.

Q: Can a landlord evict a tenant from a property which the tenant has never lived in? In Jefferson County CO.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Colorado on
Answered on Aug 11, 2018
Donald C Eby's answer
Seems like a very complicated factual situation. You should contact an attorney and ask for an in office or telephone consultation so that you can have a conversation about the facts and how a judge may apply the law.

Good luck!

Q: Do I need to provide a move out date to receive relocation assistance?

2 Answers | Asked in Landlord - Tenant for Oregon on
Answered on Aug 11, 2018
Mr. Michael O. Stevens' answer
I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant provides written notice to the Landlord of the Tenant's request for Relocation Assistance (the "Tenant's Notice"), then, within 31 calendar days ofreceiving the Tenant's Notice, the Landlord shall pay to the...

Q: The prpty mgmt is trying to bill for waterand trash mid lease. Is this legal? What are my options?

1 Answer | Asked in Landlord - Tenant for California on
Answered on Aug 10, 2018
Gerald Barry Dorfman's answer
Civil Code section 827 only applies to, " ...leases ... from week to week, month to month, or other period less than a month..." It does not apply to a one year lease. ignoring this type of thing doesn't usually make it go away. If you can afford a lawyer letter, get one. If not, write yourself, quoting the language from Civil Code section 827, pointing out that you currently have a year lease still in effect, and demanding they pay the utilities.

Q: Is there a statue of limitation after property is damaged by the landlord, before I can sue. This is Brooklyn, NY

2 Answers | Asked in Landlord - Tenant for New York on
Answered on Aug 10, 2018
Elaine Shay's answer
In New York, for most ordinary negligence claims the statute of limitations is three years. If your deductible is less than $5,000 you can use Small Claims Court to sue for money damages in New York City.

Q: LL retaliated after notice of repairs not made by refusal to accept new signed lease before he got letter

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 10, 2018
F. Paul Maloof's answer
You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.

Q: I place a "holding deposit" on a rental home before applying and was not approved. The remax agent is trying to keep it.

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
What position does she take regarding the deposit? If she doesn't have a reasonable position, you might consider a complaint to the agency which regulates realtors.

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