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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Is 30-day vacate notice legal on unrenewed month-to-month lease in NY?

I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 26, 2025

Dear Brooklyn Tenant:

Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.

New York State eliminated the thirty-day tenancy...
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2 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida on
Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new... View More

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2 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida on
Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More

James Clifton
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James Clifton
answered on Mar 26, 2025

The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More

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1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Georgia on
Q: Do I have to pay a debt when landlord refused payment and collection agency is involved?

I have a collection from a previous landlord claiming I owe $6,653. The landlord initially stated I did not have a lease and refused payment. I have documentation supporting my claim. Now, a collection agency is trying to collect the debt. Do I have to pay this?

Dominique Young
Dominique Young
answered on Mar 26, 2025

The landlord may have refused payment due to sending the claim to the collection agency prior to you attempt to make the payment. Reach out to an attorney to assist you in your debtor defense matter. If your statements are corroborated by facts, you need to formally dispute the debt with the... View More

3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2025

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Opal Phiona Lee
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Opal Phiona Lee
answered on Mar 26, 2025

Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More

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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 26, 2025

Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More

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1 Answer | Asked in Consumer Law, Contracts, Insurance Bad Faith and Landlord - Tenant for Texas on
Q: Car lender claimed insurance was included; got ticket for no insurance, no proof provided. What are my rights?

I purchased a car in 2022, and the lender stated that insurance was included in the car note, but they have not provided proof despite multiple requests. I received a ticket for not having insurance, and the lender refuses to provide documentation. I had a written agreement and several... View More

John Michael Frick
John Michael Frick
answered on Mar 26, 2025

There are different types of insurance. The law requires the driver of a motor vehicle to carry proof of liability insurance and provide it upon request to a police officer. This is what you can get a ticket for. It would be very unusual for a lender to provide this type of insurance.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can I break my lease when my rented duplex is sold in Colorado if no specific clauses exist?

I am currently living in a rental duplex in Colorado that is up for sale and now under contract. My lease is for one year and ends on September 15, 2025. I haven't been informed of any changes to my lease due to the sale, and there are no clauses in my lease about what happens if the property... View More

Kia Miller
Kia Miller
answered on Mar 25, 2025

Check your lease for a provision regarding whether the owner/landlord can assign the lease. Typically, leases allow the landlord to assign the lease (for example, sell the property) and the lease remain in effect. There may be another way for you to get out of the lease but you will likely have to... View More

1 Answer | Asked in Personal Injury, Landlord - Tenant, Consumer Law and Public Benefits for Maryland on
Q: Seeking help to recover towed car, tow bill over $3000, in Maryland after assault incident.

I am homeless and was sleeping in my car parked at a hotel in Edgewood, Harford County, Maryland. I was assaulted and taken to the hospital, and during that time, my car was towed without my knowledge. The towing bill is now over $3000. I've contacted the police and have a police report... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

That sounds like a very challenging situation. Unfortunately a tow company often has the legal right to charge per day fees for vehicles they legally tow, even though on a personal level such fees may work a significant financial hardship.

You might consider reaching out to the Maryland...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Oklahoma on
Q: How can I retrieve my towed vehicle without upfront payment if I didn't consent to the tow?

I want to retrieve my vehicle from a tow yard, but they are demanding upfront payment, which I feel is akin to holding it for ransom as I did not consent to the tow. I have not been able to arrange billing options despite being told payment is necessary for release. What alternatives or steps can I... View More

Charles Watts
Charles Watts
answered on Mar 24, 2025

If they legally towed the vehicle (such as by order from law enforcement or by order of a private property owner/business) even though you did not consent, they have a right to be paid by the owner of the vehicle before releasing it. This ensures they get paid for doing their job legally. They can... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Texas on
Q: Addressing issues with neighbor's aggressive dog and ESA policy.

I rent an apartment and share a fence in my yard with a neighbor whose large pit bull-type dog constantly barks and growls at my small dog. The dog has even jumped on the fence, showing aggression, though it hasn’t jumped over. My neighbor speaks no English, and communication hasn't resolved... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

It sounds like you have done what you can do under the circumstances. You might consider erecting some type of screen along the fence you share with your neighbors or putting an outdoor kennel in your backyard to protect your own small dog in the event that your neighbor's dog breaks through... View More

3 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: How to pursue compensation for injuries from apartment fall in CA?

I am 57 years old, and on February 28, around 8:20 pm, I fell off a curb on a dark walkway at my apartment complex, injuring my right knee, hip, and lower back. Although there's no external bruising, I was in significant pain and visited Kaiser's emergency room. I called my son to help me... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Mar 20, 2025

Most attorneys in CA will take an injury case like this on a contingency fee basis, meaning you will only pay the attorney for their time after the case settles or a judgment is obtained in your favor after trial (if a lawsuit is filed). One of the key threshold questions, however, will be... View More

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2 Answers | Asked in Civil Rights, Consumer Law, Internet Law and Landlord - Tenant for Texas on
Q: Targeted by cyberbullying and harassment for three years: seeking legal actions in Texas.

I have been targeted for cyberbullying and organized harassment over the past three years. Specific individuals and groups have been identified, and I reported this to the Houston Police Department, IC3, and my previous apartment manager. The police issued a case number but said my case isn't... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You theoretically can sue those responsible if the cyberbullying, harassment, and stalking satisfy the elements of a cognizable legal theory of recovery.

These tend to be very difficult cases to prove. In addition to proving the bad acts and exactly who committed them, you should...
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1 Answer | Asked in Business Law, Civil Litigation and Landlord - Tenant for Washington on
Q: HOA entered my unit without consent during repairs. What actions can I take?

I was informed by my HOA via voice message that the crew needed interior access to my unit for building repair work. I was in Japan at the time, and I emailed them with my return date but received no reply. Upon my return, I discovered signs of entry in my unit, including the removal of the window.... View More

Mat Cleary
Mat Cleary
answered on Mar 19, 2025

The first step would be going through the HOA agreement to verify there are no other entry rights beyond the emergencies clause. They might have a general right with a certain notice period. If that is not the case, you could potentially have an argument for trespassing and damages, though the... View More

1 Answer | Asked in Personal Injury, Landlord - Tenant and Civil Litigation for Texas on
Q: How can I sue my apartment complex for security failures leading to an assault?

I want to sue my former apartment complex after a violent incident. My ex-boyfriend, who was convicted and sentenced to 40 years in prison for aggravated assault with a deadly weapon causing serious bodily injury, attacked me in my apartment. I sustained severe injuries, including a broken jaw,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 19, 2025

If your apartment complex failed to provide adequate security and had a disabled call box that prevented a timely police response, they will be liable for your injuries. The apartment complex has a duty to provide working gates and call boxes if those were safety features originally in place when... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: Can I challenge my stepfather's eviction and claim my inheritance in Texas?

My stepfather is trying to evict me since my mom's passing on March 10, 2025. There was no will in place. I have been paying the HOA fees, repairs, and upgrades for the past 9 years. The house was jointly owned by my mother and stepfather. My relationship with my sister and niece is great, and... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 18, 2025

There is a lot going on with your question. The basics are that if your mom and step-father have been living in the house together for over a year, and he has no other house to live in, you can not kick him out. He can stay there for the rest of his life, if he wanted.

If you have been...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: Is the executive of an estate required to fix property issues under an informal lease?

I have been living on a property under an informal lease for over 70 years. Recently, the executive of the estate—named about a year ago—has not addressed significant repair issues, such as there being no floor in the kitchen and bathroom, just holes covered by plywood. We have asked the... View More

Albin Moser
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Albin Moser pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2025

It doesn't look good, sorry. While executor of the probate estate that holds the real estate does have an obligation to keep the premises up to minimum housing standards, and maybe these holes and plywood do or don't comply with the housing code, your big problem is that you have no... View More

4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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