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Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for Texas on
Q: Can DCHHS EHAP (Emergency Housing Assistance Program) be sued? I was denied recertification of my previous rental assist

My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some key points to consider:

1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for Georgia on
Q: I am69 yrs old living under worsse conditions. It's not liveable'they harrass me threats of turning power off .

Threats of throwing me out n 7 days cussed at screamed yelling at called out of my name

Can I do anything legally

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation. Based on the information you've provided, it appears you may have several legal rights as a tenant in Georgia. Here's a brief overview of some key points:

1. Habitability: Landlords are required to maintain rental properties in a...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: The landlordmanager a d opposing case civil lawyer stole all my civil case documents before icoumd show it to the court

The documents were forgeries by the opposing lawyer to deceive and mislead .e false testimony fake court adjournment ,altered court orders

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a serious situation regarding your civil case documents. Here's a concise response with some general advice:

1. Report the theft to the police immediately.

2. Inform the court about the stolen documents and any suspected forgeries or alterations.

3....
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1 Answer | Asked in Landlord - Tenant and Civil Rights for Kentucky on
Q: Eviction and arrest

I have a friend who was being evicted from their apartment, right before eviction court they had gotten arrested. The court proceeding continued, and now the landlord and property manager had already began taking out valuable things in their apartment, even before the eviction have been decided on... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation raises several legal concerns. Let me break down the key issues and provide some general information:

1. Eviction process:

Generally, landlords must follow proper legal procedures for eviction, which typically includes:

- Providing proper notice

-...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio on
Q: What can I do to get my belongings back from my boyfriends mother?

For context, my boyfriend and I ended up losing our home and living in his moms basement for a couple months. I found out I was pregnant and soon after, him and his mom had gotten into an argument about the way we were being treated there. (Not being able to do laundry, being accused of things we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some potential steps you could consider:

1. Document everything: Make a detailed list of all your belongings that are still at your boyfriend's mother's house, including any items of particular value or importance.

2....
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1 Answer | Asked in Landlord - Tenant for California on
Q: can a roommate or landlord forbid two other roommates from getting together when it is not stated on the lease agreement

First the 3rd roommate said they didn't care and to go for it. the two roommates got together and the 3rd is now angry and threatens to kick them out if one steps foot into the other roommates bedroom. Also forbid you to have anyone in your room how a parent would. the two roommates... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Lease agreement: If there's nothing in the lease agreement prohibiting roommates from entering each other's rooms or forming relationships, the third roommate doesn't have the authority to enforce such rules.

2. Landlord's role: Unless specified in the lease, a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If a Complaint Does Not state a Cause of Action-Does that mean The Court DOES NOT have Jurisdiction to enter judgment?

In a Prima Facie Case-It is possible that a judgment was entered based on The Case not having been read or looked over, but if after a Judgment was entered, it is brought to The Courts attention that the Plaintiff DID NOT state facts sufficient to state a Cause of Action-In correcting itself, is it... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that involves several important concepts. Let me break it down:

1. Failure to state a cause of action:

If a complaint fails to state a cause of action, it means that even if all the facts alleged in the complaint are true, they do not give rise to a...
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1 Answer | Asked in Contracts and Landlord - Tenant for Illinois on
Q: My landlord has not returned my security deposit for more than 45 days now and did not provide me with any estimates.

The landlord has not provided me with any receipts or estimates. Upon reminding her that its been 45 days she says i owe her money instead and refused to give back security deposit. What do i do?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it appears you're dealing with a potential violation of Illinois landlord-tenant law regarding security deposits. Here's what you should know and consider doing:

1. Illinois Law:

In Chicago, landlords are required to return security...
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1 Answer | Asked in Landlord - Tenant for California on
Q: my girlfriend and I would like to know how we should go about handling a wrongful eviction. we were served last night

so we had previously been working for our landlord as air BNB host. She agreed to pay us for our work but never did. so after a couple months we refused to pay the rent due to the fact that she didn't pay us for our work. also so has lied on the complaint filed against us stating that we... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Document everything: Gather all evidence of your work agreement, communications with the landlord, and any proof of the work you performed.

2. Respond to the eviction notice: You...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Landlord - Tenant for California on
Q: Can I request a fair hearing?

What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:

1. Appeals...
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1 Answer | Asked in Business Law, Construction Law, Contracts and Landlord - Tenant for California on
Q: Claim of Mechanics Lien by tenant for work done on rental prop without any contract or written permission by landlord

Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.

The surviving... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:

1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?

The landlord should take this claim seriously,...
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1 Answer | Asked in Personal Injury, Education Law and Landlord - Tenant for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Stop right now with thoughts of lawsuits and medical school.

While not named, I question why you would want to continue to attend a school which has already treated you so poorly. If the school is truly where you want to go, consider off campus housing. You cannot sue the school because...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a tenant be hired as resident mngr in the same building, therein giving them access to all tenants personal info etc

We are in San Francisco. The individual in question has neither previous experience nor any relevant certificate or accreditation. Tho' not presenting as such, the building is zoned as an SRO. The offsite property management uses appfolio. Since the sale in 2015 when the current offsite PM... View More

James L. Arrasmith
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answered on Jun 20, 2024

This is a complex situation with several legal and ethical considerations. Here's an analysis of the key points:

1. Legality of hiring a tenant as resident manager:

Generally, it is legal to hire a tenant as a resident manager. However, the lack of experience and qualifications...
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 21, 2024

Thank you for your question!

A subtenant has a contractual relationship with a leasing tenant.

Also, LL is in privity with the subtenant. (Because the subtenant is still in the possession of the property)

LL can sue either the tenant or subtenant to recover the rent....
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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for California on
Q: A's Rent ck payable to landlord deposited by B in his bank account. Who can claim the rent money back from B & how?

Sub Tenant A has been giving his rent ck payable to Landlord (LL) every month to Sub Tenant B who then takes that rent ck to LL when B goes to LL to pay his rent. This is the usual practice and understanding between LL, A & B.

This month, as usual, A gave his rent ck payable to LL to B... View More

James L. Arrasmith
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answered on Jun 20, 2024

This situation involves several legal issues related to contract law, landlord-tenant law, and potentially fraud. Let's break down the key aspects:

1. Contractual relationships:

- A (subtenant) has an agreement with LL (landlord) to pay rent

- B (another subtenant) had...
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1 Answer | Asked in Landlord - Tenant for California on
Q: The landlord won’t allow kids to play soccer, we end up getting fined

I don’t believe such a rule is listed under contract, several neighbors are having various complaints about the landlord

James L. Arrasmith
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answered on Jun 20, 2024

This situation involves several important aspects of landlord-tenant law and property rights. Let's break it down:

1. Lease agreement: First, review your lease agreement carefully. If there's no specific clause prohibiting soccer or similar activities, the landlord may be...
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2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Missouri on
Q: I co-own a house in Missouri. Are there any procedures for kicking out a 3rd party not on the deed or a lease/contract

The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?

James L. Arrasmith
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answered on Jun 21, 2024

Here's a general overview of the situation:

1. Establishing tenancy:

In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the...
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2024

Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.

There are some narrow situations where you might be considered a tenant. However...
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

James L. Arrasmith
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answered on Jun 20, 2024

To answer this question accurately, we need to consider a few key points:

1. Live-in caregiver status: Your rights may depend on whether you're considered an employee, a tenant, or both.

2. Employment agreement: The terms of your employment contract, if you have one, could...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can the owners son evict me from rental if there is a year to year contract in place?

Owner had prior landlord(son) per verbal communication, draw up lease agreements for tenants on property which the agreement that I am on is from 2023-2026. The owner replaced the landlord title with someone else(the oldest son). Owner had granted that his son be added on property deed as another... View More

James L. Arrasmith
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answered on Jun 20, 2024

Based on the information provided, here's an analysis of your situation:

1. Lease Agreement:

You have a written lease agreement from 2023-2026. This is a legally binding contract that should be honored regardless of changes in property ownership or management.

2. Change...
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