Have you spoken to the tenant directly? Do that first. You can also write to her so that there is documentation. Write to your landlord as well, to document attempts to resolve the issue prior to filing any lawsuit. If no action is taken, some townships or counties allow a tenant to escrow rent if... View More

Dear Brooklyn Tenant:

First things first. I gather that your initial court date is looming, and you filed the Answer to the nonpayment petition around March/April 2024.

Since the landlord's attorney decided not to offer to discontinue the case when you answered that you paid... View More

To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

It sounds like a frustrating situation. In Missouri, landlords are generally required to provide tenants with certain information, including the name and address of the property owner or the person authorized to manage the property. This is so tenants know where to send rent payments or legal... View More

No.

Eviction is the legal process for a landlord to remove someone when there is an agreement for the person to pay rent to the LL. A landlord is required to serve notice on the tenant, the notice is very specific and must be served on the tenant in a specific way. You can look up chapter... View More

Your mother does not owe anything, and neither do you. Your mother's estate would be the only possible entity that owes anything to a creditor. The landlord is now a creditor of the estate, assuming that your mother's death did not automatically terminate the lease and end the... View More

Dear Brooklyn Tenant

I responded to your issue on another online forum.

Your girlfriend's landlord does not have a lease provision for restricted overnight guests or even a two week visit.

But your girlfriend resides in a jurisdiction that has not embraced Good Cause... View More

Yes, it legal for a landlord to limit the amount of overnight guests you have in a month. Not only does the landlord incur additional costs and expenses when additional people are living there, but at some point he becomes a tenant. His own residence would only be one factor in determining his... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024

A landlord cannot refuse timely paid rent. They ARE permitted to refuse late rent unless a specific municipal code prevents that. If they attempt eviction, let the court know that you attempted to pay rent timely and it was refused.

Dear Brooklyn Tenant

If you moved in permanently as a Roommate the landlord has no legal basis to complain.

But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who... View More

Your landlord cannot charge you late fees unless you are late as described in your lease agreement. How often the landlord updates their computer is irrelevant to this determination. If your rent is due on the 1st and you pay your rent on the 1st, it doesn't matter when they input that... View More

Dear Manhattan Roommate.

You are not a subtenant if you rent a room only. I gather that you had a written agreement for one year.

If so a verbal request for you to move out in thirty days had no legal effect on the one year rental agreement.

Dear Newburgh Property Owner:

What is the landlord's procedure for a tenant of 10 years to leave the rental?

It is far more difficult now than before your city adopted Good Cause Eviction.... View More

Dear Brooklyn Tenant:

Generally, no. Since you paid rent as billed by the landlord, you could raise it as a defense accord and satisfaction, payment, waiver, and other affirmative defenses if sued for the rent.

Meanwhile, I suggest you now show your documents to a lawyer for analysis.

If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More

Dear Manhattan Tenant:

You avoided a colossal error. Since 2019, New York State tenants breaching a lease and leaving an apartment with money owed on a lease without a release from the landlord can sit back and wait for the landlord to rent the apartment again before even confronting the... View More

You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.

There are very specific laws regarding mobile home parks and the eviction process. It... View More

If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:

Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it... View More