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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord void a lease if tenant passes away?

My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire in June. (As she... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 13, 2025

Dear Valley Stream Tenant:

Generally, there is a right of family member succession tenancy for Rent Stabilized tenancies. These are more complex when the remaining family member lives with a non-purchasing tenant after a cooperative conversion.

Generally, a lease, even a...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: I live in an apartment complex whose management has been negligent in areas of safety and cleanliness.

There have been multiple car break-ins at our property and there are no security cameras present and the parking lots are not well lit. There are underage students smoking marijuana in the enclosed stairwells, there are rat issues, a homeless individual sleeping in the building's hallways, our... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

All of those conditions sound like a reason to consider moving at the end of a lease term, or possibly attempting to negotiate an early exit (which would require both parties to agree).

Things like a lack of security cameras and insufficient lighting wouldn't ordinarily be a breach...
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2 Answers | Asked in Contracts, Immigration Law, Real Estate Law and Landlord - Tenant for New York on
Q: How should a landlord respond when one co-signer attempts to terminate a commercial lease without the other's consent?

In this specific situation:

1. Co-Signer A does not participate in the daily business operations of the store.

2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.

3. Co-Signer B manages the... View More

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2025

Greetings:

A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Should I list the governing agency on the summons and complaint? Should I add on to the complaint?

I am currently in litigation. The judge ordered leave to refile the motion to amend, denied the motion for summary judgment, and ordered that I accept the defendant's late answer. I filed a lawsuit in the Supreme Court against my now ex-landlord; they were not when I filed. Some points... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

No. New York State (Department of State) is not a proper party. All New York domestic corporations and LLCs are registered with DOS. Amending a summons is far more complex than amending a complaint--although recent changes in the CPLR make amendments to complaints more difficult than before.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord's cleaner took 5 days to take pic of wall hole they say I caused. Is their 5 day delay strong argument for me?
Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

Dear Manhattan Tenant:

A New York landlord has 14 days to present a former tenant with the written itemization of damages the landlord will charge against the tenant's security deposit and to refund the balance of the security deposit. A tenant has no right to return after moving out...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Management has not fixed water damage issue for past 4 years. I plan to leave without paying rent.

4 years of water damage in the bedroom, living room, and kitchen. They claim to fix it come and repaint for it to happen again the next time it rains. I was dealing with ants, mold, little bugs. In the bedroom, the corner ceiling is detached leading to inside the wall and the opening runs from wall... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

Dear Brooklyn Tenant:

Moving out does not prevent the landlord from suing for unpaid rent, just as any ordinary creditor could sue, but the lawsuit is in the regular Civil Court, not the Housing Court, where tenants have all sorts of rights, including the right to an assigned attorney. Make...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Maryland on
Q: What are the possible damages I can pursue for an Illegal Eviction?

I was illegally evicted without an official court order by the Landlords entire family. I was pregnant, high risk and baby was born preterm as a result.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 11, 2025

It is very difficult to know what, if any, damages may be available without knowing exactly how the eviction was "illegal." A Landlord can lawfully ask a Tenant to leave if the lease is up, or if the tenant doesn't pay, or if a lease term is breached, etc., by giving written... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: How much notice do I need to give to tenants to move out because I am selling my condo. Their lease is up in a month

I have no buyer, I am planning on showing it after tenants move out so I can clean and repair any damages

Hasti Rahsepar
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Hasti Rahsepar
answered on Jan 6, 2025

Depending on what City your condo is located, you may not be able to terminate the tenancy without what is referred to as "just cause." In other words, regardless of the lease expiring or not, the days in which you could simply give a 30-day notice or 60-days' notice to vacate are... View More

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1 Answer | Asked in Landlord - Tenant for Washington DC on
Q: My daughter is in a month to month rental in DC. Her lease expired in July. The owner wants her to move so he can sell.

What notice is the owner required to give? It is not owned by a real estate firm.

Richard Sternberg
Richard Sternberg
answered on Jan 4, 2025

DC Landlord & Tenant law is extremely complex, and it is extraordinarily tenant-friendly. Your daughter is in a much more powerful position than you would be -- or than a Virginia lawyer in Virginia Beach would believe. If she wants to stay, it is very likely that she can mess with the... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for California on
Q: I am a housing a voucher participant. I was evicted n locked out without notice. Kept my deposite n personal p.

He gave my personal property to a third party who has blocked me.

Iam now homeless. I had to forfeit my new job and I cant continue with my education at this point. What can I do

Louis George Fazzi
Louis George Fazzi
answered on Jan 3, 2025

From what you say, as a housing voucher participant, you are entitled to due process of law before you can be evicted from real property. This means you must be given notice, in writing, an opportunity to respond, and a hearing in a court of law before a judge of the superior court in California... View More

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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Texas on
Q: What does it mean within 5 days to post bond. If the bond for an appeal was posted on the December 26
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

Ordinarily, if a losing litigant in an eviction proceeding in JP court wants to appeal to the county court at law, the losing litigant must post an appeal bond within 5 days. A bond posted on December 26 would be timely if the judgment in the eviction proceeding was signed on or after December 20... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I posted a Notice to Leave Premises, what do I do if the person comes back after the time expires?

The person is not currently here but left there belongings. So what should I do if the person returns after the Notice expires?

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 30, 2024

You should consult an attorney in your area regarding proper local rules for an eviction, and begin the eviction process. If all you have done so far is post a notice, that is insufficient to retain possession of the property. It is unclear from your post whether you have given a 30- or 3-day... View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: If my landlord changes guest parking into tenants parking are they required to notify you

There is a provision in my lease that designates what our assigned parking spots are

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

Under Washington State’s Residential Landlord-Tenant Act (chapter 59.18 RCW), the rules about parking changes depend on the terms of your lease agreement and the extent to which the change affects your rights as a tenant.

Key Considerations

Lease Agreement Controls:

If...
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2 Answers | Asked in Business Law, Landlord - Tenant and Gov & Administrative Law for California on
Q: Does a keymaster arcade game be considered a vending machine?

The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".

Pavel Kolmogorov
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Pavel Kolmogorov pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: i am being evicted under the base of a holdover. i need more time to get out of the commercial building i have rented

i have rented this building for 12 years and asked for 90 days to move out. the owner said no and gave me 30 days. i have always paid rent and i am not behind at this time. the state is Florida

Is there anything i can do to slow the process? i do not mind leaving as i have already started... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 13, 2024

Not really. You have 30 days. If you need more time and the LL won't give you more time, that's the end of it. There's no legal action to get more time. The fact that you've always paid your rent on time is immaterial. Sorry, but there is no credit for past on-time payments. 30... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: In Texas can your residential landlord of an apartment complex fine you for thing outside of your lease?

EX: I received a lease violation and was fined for items on my patio. Nothing in my lease stated anything regarding items on a patio.

In Addition, I reported my landlord to the City of Austin about an ongoing 8 month German Cockroach infestation in my unit because they refused to provide... View More

John Michael Frick
John Michael Frick
answered on Dec 10, 2024

Your landlord can only "fine" you in accordance with your agreement. The reason doesn't necessarily have to be in the Lease itself. Often, tenants sign documents agreeing to be bound by a landlord's rules and regulations. Sometimes, that agreement is in the Lease itself;... View More

1 Answer | Asked in Landlord - Tenant and Criminal Law for Georgia on
Q: Can I sue my Landlord for wrongful eviction and false imprisonment

My twins played in paint on the floor in my kitchen. My landlord unexpectedly showed up the next morning and saw the paint, we had a disagreement and he walked out. I came home from work the next day for lunch break and there was a folder in my door that contained an eviction notice. I cleaned the... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

I am very sorry to hear of your circumstance. I can only imagine how stressful this must be during this time of year. Based on what you are describing, it sounds like you have a very strong defense to the criminal case. Ask the court how you can apply for a court-appointed attorney. Depending on... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I live in a 2 bedroom apartment and our landlord said we are allowed only 2 cars/ 2 bd apartments.

There is 3 of us living in 2 bedroom apartment and We have 3 vehicles in total. They allow up to 4 ppl to rent a 2 bedroom apartments but only allow 2 vehicles. Is this legal? I live in ohio

Kelly A Rochotte
Kelly A Rochotte
answered on Dec 6, 2024

Check to see what your local ordinances say about parking at commercial rentals. Many counties have parking restrictions written into their zoning laws and/or other specific requirements, which can vary by county or even by township or suburb. Usually that information can be obtained through a... View More

1 Answer | Asked in Landlord - Tenant for Wisconsin on
Q: Can a landlord bill me for cleaning 44 days after our lease ended and we received our nearly full security deposit?

Bill was for cleaning and partial, move-out, professional carpet cleaning, no damage or stains.

Robert Weinstein
Robert Weinstein
answered on Dec 6, 2024

Generally, a landlord is required to provide an itemized statement of deductions from a security deposit and/or return the security deposit within 21 days. That said, if you caused more than normal 'wear and tear,' (ie caused stains on carpet, which you state you did not), it's... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I signed a lease online with the residence in Michigan (but I lived in TX) what state should I get an Attorney?

I was coerced by my soon to be fiance, who then suddenly broke off our relationship, after I signed the lease. I don't want to be held financially liable. He never picked up the keys and never moved in...just left things hanging. I've made multiple attempts to ask to be removed from any... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

Your obligations to the landlord under your lease are most likely governed by Michigan law, so you need to consult a Michigan attorney with respect to any rights or obligations you have under that lease. Commonly, you will remain financially obligated to satisfy all the terms and conditions of the... View More

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