Courts are open, and are handling cases, many by remote video hearings over zoom on the internet or through participation by telephone. Some courts still have in-person hearings. There are no COVID eviction protections for commercial leases.
The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!
If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately...Read more »
The carpet has never been replaced nor have the walls been repainted during the entire 11 year duration of my residency there. When I initially moved in there were already a few stains on the carpet which I did notate in a certified letter to my Landlord upon my move in inspection. There are a few... Read more »
Your legal responsibility is to leave the premises in broom-clean condition, in substantially the condition upon move-in, but with ordinary wear-and-tear excepted. I imagine 11 years of "ordinary" wear-and-tear can be quite significant, meaning the premises will not look as new and clean...Read more »
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?
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 »
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?
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 »
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?
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 »
Clearly not enough factual information to provide legal advice you can rely upon. For instance, what notices have you sent to the tenant(s) regarding their breach of payment of rent under the lease? Have you terminated the lease or given notice to vacate at any time? How long ago? What tenant...Read more »
Hi! We live in this apartment complex since Jan 15, 2020. Our lease is for 18 months. When we first moved in the fireplace was broken and it took them a whole month to fix it. In Feb or March, the sprinkler alarm started going off continuously right outside my apartment. It keeps me up or wakes me... Read more »
Make sudoku recordings of the alarm going off. List the dates and times, and duration, of each time the alarm has gone off. Document all your complaints and length of tome this has continued. It seems to me you have the basis to declare the implied covenant of quiet enjoyment of the premises in...Read more »
He has been living in my house for about 4 and a half years. He has regularly contributed to household expenses. He is verbally abusive, and on one occasion was physical with me. I told him it is over and I want him to leave. I didn't say he had to leave right away. I don't want to... Read more »
Unreasonable charges were not itemized. Was not informed or allowed to be present during inspection. Wife was pregnant and we were moving and changing jobs. My concern is whether too much time has passed now for me to sue.
You have three years from the date that the landlord was required to return the security deposit or provide you with written notice and an accounting of how your security deposit was applied to the damages/rent claimed owing. That usually means, the earlier of 45 days from the end of the tenancy,...Read more »
Apartment is offered as “cable ready.” There is a defect which causes the cable coaxial cable to become so hot it melts (potential fire hazard). Electrician sent by complex says it’s a cable co issue; cable co says it’s an electrical issue. Please advise who is ultimately responsible to... Read more »
From your standpoint, it is your landlord that is responsible. They have advertised and marketed their units as cable ready. You have a lease with them, not the cable company. Your landlord has not delivered to you a cable ready apartment. They are in breach. The question is, is the beach...Read more »
Sold the property in late October this year not once over that time did he ask me about it or let me know I had a time frame to get it cleared out I wrote him a week or 2 ago and asked about getting my moms stuff he said it’s gone it went with the house sorry ! I was like why didn’t you let me... Read more »
Your mom passed in 2015, and you never once in 5 years asked about her belongings? The house only sold this past October? I think any court would find you waited too long to assert your rights, and the property left in the house was abandoned. An estate should have been opened for your mother,...Read more »
If I lose, am I entitled to an appeal, and if I appeal, may I ask for a jury trial? No money will be owed by me. I am fighting on the basis of retaliation. Thanks. I am trying to approximate how much time I will have in I lose my case in March, 2121. I am chronically ill, Federally Totally... Read more »
Well, a lot of this depends on the grounds. If the Landlord gave you proper notice to vacate and your lease term is up (ie month to month) then you will almost assuredly lose the case. All the Landlord has to prove is that a) the lease term is up, b) you were given proper...Read more »
I’ve been in a 1 year lease for about 6 mo and have been filled multiple complaints about the flooding in my building and apartment unit. Everytime it rains it floods nasty sewage into my building and rain water seeps into my apartment. I was given no warning or waiver about this before signing... Read more »
Go the the management office, demand: (1) to be released from your lease so you can move out to another place to live; or (2) to be relocated to another apartment without these issues. If you do not get either of these requests granted, file a complaint with the county health department and/or...Read more »
It is not a material enough breach of the lease to allow you to terminate the lease, nor is it a serious enough threat to your health and safety to allow for a rent escrow action. So, you can complain about the fact it does not work, but if the landlord fails to fix it, there is little you can do...Read more »
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