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Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Ohio on
Q: Neighbor smoking crack meth in duplex . It's coming thru our walls making us sick. What's our rights??

He does it all day all night. Has MM card so police won't do anything. But in Ohio it's against law to smoke MM or burn it. We talked to him he said he will do whatever he wants. It makes my grandkids sick too. What do we do

Matthew Williams
Matthew Williams
answered on Aug 10, 2022

Have you spoken to the landlord? Drug use is a reason a tenant can be evicted and landlords generally do not like it because they can actually be criminally liable for permitting drug abuse once it is brought to their attention.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Had inspection then received a notice we have to pay for repairs normally associated with moving out due Aug 18 in full

A bill almost equal to the rent for blinds painting door replacement ECT. Making our lives so stressed

They want to come in and inspect again and the 15th I believe and it states that we might incur more fees what can I do I can't afford 500 for a door even 500 hundred dollars by... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Aug 9, 2022

The issue is not the timing - it is whether you are responsible for damage beyond ordinary wear and tear. If so, you likely owe the cost of replacement/repair. A landlord does not need to wait until you move out to do repairs. Indeed, many prefer to constantly keep their dwelling unit fully... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 9, 2022

I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.

Jack

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, I live with my elderly, disabled mother in a rent stabilized apt.

Hello, I live with my mother in a rent stabilized apt. Unfortunately i was let go from my job during covid and got backed up on my rent. I had to quit my new job also because i was accepted into nursing school. My mother is disabled and on dialysis. My name is on the lease. My question is, can we... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 9, 2022

There are many available services to assist tenants with avoiding eviction based upon age or disability status. However, neither age nor disability status bar evictions for nonpayment of rent

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can all tenants with separate agreements with owner be evicted by owner telling one person they have two weeks to leave?

I and three others moved in separate times with separate agreements with owner who also resides at his home, he texted me that all members of the household have two weeks to leave but no one else. The reason he wanted us gone is because we complained about the living condition, his cats pee... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 9, 2022

No, he has to give each of you written notice.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I evict this person without a lease? She is staying in a room in my home.
Leonard A Englander
Leonard A Englander
answered on Aug 8, 2022

Theoretically, you can, but you would need to go through the Court system. Was there an agreement that she would pay rent or something similar? If yes, then she would be considered a tenant and you would need to give her written notice to vacate.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How to remove person from home that refuses to leave because they were given me some money to stay?

No rental agreement because person was staying 2 mos; pandemic lasted 2 yrs - Notice to vacate given but refuses to leave.

Leonard A Englander
Leonard A Englander
answered on Aug 8, 2022

Assuming this is in the state of MD, you are dealing with a holdover situation. A written lease agreement isn't required for a rental agreement, it's just a good idea. If you were accepting money from this person in exchange for a place to stay, the person becomes a Tenant.

In MD,...
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I claim adverse possession of a home that I’ve lived in with my mother for 25 years. She’s paid rent, not me.

It occurred to me that I’ve never been included on a lease of any sort for this house, and my mother has paid enough rent to the owner to have paid for the house twice over. Recently he’s casually mentioned that he’s thinking about selling the house & honestly I’m infuriated that he... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 8, 2022

A tenant under a lease cannot claim adverse possession in those circumstances, because the occupancy under a lease is not "adverse" to landlord, but with landlord's permission. The landlord has no obligation to offer the tenant an opportunity to buy the property, unless there is a... Read more »

1 Answer | Asked in Landlord - Tenant for North Carolina on
Q: In 2021 I filed a writ of possession with the Lincolnton County NC courts. Having my tenant evicted in 11/2021. Due to

non payment of rent totaling $4650. What legal steps do I have to take in NC in order to collect the past due rent, $4650, they owe me ? Am I correct in saying that I need to know their current home address in order to pursue these legal steps ? I have thier phone numbers, email addresses, and... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 8, 2022

When you get a final court order, it will likely contain a judgment against your tenant for the amount owed. If they are living in a different county, you will need to transfer that judgment to the new county.

With that being said, the overwhelming majority of tenant judgments never get...
Read more »

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Ohio on
Q: Grandson has DV convictions against me. He turns 18 in Jan. Do I have to evict him or can I kick him out? I have custody

I own the house. He's physically and emotionally abusive daily. He's been in detention over a dozen times in the past 5 years. He's been in short term psychiatric stays in excess of a dozen times as well. Law enforcement has been to our home multiple times and I do not feel safe.... Read more »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

If he lives regularly in the home, you have to evict him.

1 Answer | Asked in Employment Law, Real Estate Law and Landlord - Tenant for California on
Q: Lived & worked at a home for 15 yrs w/o warning was served a 30 day quit notice

I don't want an eviction but have no money to move or get a lawyer. + I am owed back wages + out of pocket cash. What can I do ? is the 30 quit notice legal?

Neil Pedersen
Neil Pedersen
answered on Aug 7, 2022

A residence provided as part of the employment bargain can be ended at the moment the employment ends. There is nothing you can do to extend your right to stay unless the residency started as a normal tenancy.

As to being owed money, you are likely entitled to money, but far more would...
Read more »

2 Answers | Asked in Employment Law, Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: 15 yrs as a housekeeper/ cook part time for room & board + wages , was served a 30 quit notice what r my rites

I don't want an eviction on my record. + I am owed past wages + alot out of pocket cash

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 6, 2022

You need to contact a qualified eviction attorney right away to protect your rights. There are various defenses to eviction, but without more facts, I cannot give you a definitive answer.

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2 Answers | Asked in Employment Law, Real Estate Law, Civil Litigation and Landlord - Tenant for California on
Q: 15 yrs as a housekeeper/ cook part time for room & board + wages , was served a 30 quit notice what r my rites

I don't want an eviction on my record. + I am owed past wages + alot out of pocket cash

Neil Pedersen
Neil Pedersen
answered on Aug 7, 2022

A residence provided as part of the employment bargain can be ended at the moment the employment ends. There is nothing you can do to extend your right to stay unless the residency started as a normal tenancy.

As to being owed money, you are likely entitled to money, but far more would need...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a landlord liable for water damage to personal property in an apartment complex storage unit?

My exterior storage unit floods every time it rains. I didn't discover this for several months and now I have boxes of brand new closet shelving that is covered in black-colored mold, which has permeated into the boxes, ruining the shelving. The shelving is brand new and was purchased for... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 6, 2022

Depends. First place to look is your rental contract.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If the owner is selling the home I am renting how often do I have to make the home available for viewings?

I am just wondering about the inconvenience to me during the selling process. How much of a notice must be given to me before having a showing? I work nights and sleep during the day. I hate the idea of having to adjust my schedule to have strangers walk through my home, looking in my cabinets and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 5, 2022

Florida law does not satisfactorily address this common problem because it would interfere with the owner's right to sell their property. If you have a valid written lease it might address this situation because most leases have clauses allowing the landlord to enter the premises at anything... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a Personal Representative of the estate petition for eviction, or does he have to file a lawsuit for damages
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 5, 2022

With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is threatening me because I reported the tenants upstairs for dealing drugs. What can I do?

The letter states that my landlord will violate my and my brother's lease because I have reported the tenants upstairs to the police because they deal drugs out of their apartment. Because I witnessed a favorite tenant of the landlord's buying drugs from one of the drug dealers upstairs,... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 5, 2022

You may want to contact the Tenant Harassment Prevention Task Force

https://www1.nyc.gov/site/hpd/services-and-information/thpt.page

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: its been five weeks since I left prior rental and landlord just now sending bill for false damages. What can I do ?

I lived at said property for 5 years, when i moved in the property was not cleaned nor was carpet and paint renewed. Garage had damages as well as front porch. Landlord never addressed issues. Upon leaving property after 60 day notice, 5 weeks after vacated property landlord brought a hand written... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 5, 2022

Under Ohio law, landlord has 30 days to return the security deposit and itemize any deductions. If tenant provided landlord with a forwarding address, then tenant can sue landlord for 2x the security deposit plus attorney fees.

See this link:...
Read more »

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