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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenant v. Landlord. Right to Partial or Whole Security Funds?

FL Statute 83.49(2) & (5). I am the tenant. I moved out a couple of days before lease end but did not provide a new address. He hasn't provided a written notice for deposit deductions and we have passed 30 days. I believe I am entitled to the entire deposit but I am confused whether or not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 1, 2020

How do you know he didn't send you a notice if you didn't give him a new address? What do you think, that he's required to play detective?

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant during the pandemic if I plan to move into the residence?

I have a month to month lease agreement with the tenant that began in October, 2019. Originally I planned to move out of state but plans changed. Is the fact that I will be moving back into the residence cause to file eviction during the pandemic?

Gregory L Abbott
Gregory L Abbott answered on Jul 1, 2020

It may be a permitted reason under ORS 90.427 (5) to issue a no cause termination (though if they have been there less than a year, you do not need a permitted reason) but it is expressly banned during the Governor's moratorium and technically is a potential misdemeanor if you do so. Further,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant due to violations of the rental agreement during the eviction moratorium?

I have a tenant who has several violations of the rental agreement currently (Not maintaining yard or getting written authorization for new pets.) Can I evict on those grounds? They are contemplating using the moratorium to avoid paying rent and they told me I cant evict them. Doesn't the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 1, 2020

Yes, you are almost correct - the moratorium also bans no-cause evictions. For cause, such as rental agreement violations, are still allowed. BUT your local court still has to be open and operating, so give them a call and ask about landlord-tenant matters. Good luck.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am living in a condo complex and my AC and the building's AC unit (which impacts mine) were broken

My landlord fixed my room AC the best she could, but it's the building's AC unit that is making mine at less than 100% functioning. The part to fix it has been delayed 3 times and i can't live in my place because it is too hot. Is there a way to get out of my lease if my AC is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

As long as your landlord is not refusing to fix all the problems you have no grounds to break your written lease. If you want to insure your rights you can write a cordial letter to the landlord, explaining the entire situation and asking them to give you a date certain when all the A/C problems... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: my landlord was to put me out on the 19th of last month he didnt he accepted money and said i could stay for awhile

til i found a place now he did take 400 bucks and gave me alil time he didnt say but a few weeks but then have a baliff come with a set out for tomorrow the next day

Joseph Jaap
Joseph Jaap answered on Jul 1, 2020

Use the Find a Lawyer tab to retain a local attorney ASAP to review the facts and advise landlord that he will be doing an unlawful set out, to try to stop it. You can sue landlord if he does, but that won't get you back in. So be looking for another place to leave in case the baliff shows up.

2 Answers | Asked in Probate and Landlord - Tenant for California on
Q: Do I have to allow a fellow heir to live in a house with a mortgage if they refuse to pay the mortgage, taxes or upkeep?

From California. Mother passed away without a will, and home to be passed to me and my six siblings. I have been paying the mortgage and taxes to keep the house, but my brother refuses to pay anything towards the house. Attempted mediation, but he did not show. Once the house clears probate, do I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 1, 2020

You are not stuck paying your brother's share, at least not forever. If you can't get your sister to do anything inside the probate case, then after the probate case is concluded and the house is in all of your names, file a "partition" lawsuit against all of the other owners... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Ohio on
Q: I signed a lease but my roommate did not we are both on it as ‘resident’ and we want to get out of it

Move in date was supposed to be 6/29 but we didnt even receive confirmation that we were approved until that day. We looked around for other places and found one that we liked because they had been very bad at communication.

Joseph Jaap
Joseph Jaap answered on Jul 1, 2020

You signed the lease, so you are legally obligated to pay the rent. Try to work it out with landlord, or landlord could sue you for breach of lease and file an eviction. An eviction is a permanent court record that can make it difficult to rent from a landlord who checks the records. Landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I was living with my brother and he broke the lease.But I been still here living here the landlord knows he sub lease

in and went went into Covid 19 to where we couldnt leave cause stay at home law.I try to work it out with him but he trying to charge me 2250 of 5 month back rent cause I was here but the lease wasnt in my name and he tried to get me sign a lease while a eviction was in process.Now with my brother... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 1, 2020

If you and landlord did not sign a lease, then landlord must follow the proper eviction process by giving you notice, then filing an eviction.

But some landlords do not follow the proper process, and just lock tenants out. A tenant can sue landlord if that happens. Try to work it out...
Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was engaged and rented an apartment with my partner but I traveled for work, so I never got to sign the 1 year lease.

My partner and I broke up? He still lives there and the lease comes to an end by the end of July 2020. I had informed the landlord of our break up, and that we are no longer together, but I continue to pay the rent for the committed lease of 1 year. How will it affect me should the ex fiancé... Read more »

Gregory Byrnes
Gregory Byrnes answered on Jun 30, 2020

It depends on the lease terms. Typically tenants will be jointly and severally responsible for the rent amount.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm going through a eviction notice just got back to work how much time do I have to move out or could there be payment
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But you have been told to leave soon. If not, the owner will prosecute a Detainer Warrant against you, which can take three to six weeks.

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a Landlord Lock a commercial tenant out without notice
F. Paul Maloof
F. Paul Maloof answered on Jun 30, 2020

In Virginia with regard to a commercial lease, the terms and conditions that are embodied in the four corners of the lease agreement control the rights and obligations of the parties. If the commercial lease provides that the landlord may change the locks if the tenant does not fulfill a provision... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I sue my negligent landlord if I found he breached the lease, even though he no longer owns the house?

My landlord gave us a house that had dirty carpets, dirty walls, drywall damage etc. Additionally, he would not fix appliances for months. Recently, when reading my lease, I found out that my landlord was in breach. From the time we moved in until about a year ago, the landlord had not paid HOA... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jun 29, 2020

If the landlord was the one who was in breach, then yes, the landlord is liable until the house was sold, at which point the new landlord is liable. The question is, what are you trying to do? Do you want the house fixed? Do you still live there? There are many questions, but from your... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: Who is responsible for painting the apartment after 5 years? The apartment had not been repainted before I moved in.

I recently moved out of an apartment after 5 years. The apartment had not been painted when I moved in. Now they are charging me $800 for repainting. They say they paid $1600 and took into consideration I lived there for a couple of years and are only churning me half. What do I do. I have a video... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Under California Law, the LL is responsible for normal wear and tear, not the tenant. IMO, the answer to your question is that they are. If the lease said for you not to fill in holes, and they wanted professionals to do it after your move, you did what the lease said and they are responsible for... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Texas on
Q: How to get hotel in trouble

Against racist

Grant St Julian III
Grant St Julian III answered on Jun 29, 2020

Your question is very broad. More facts are needed

2 Answers | Asked in Real Estate Law and Landlord - Tenant for California on
Q: What to do when sent a threatening letter based on inaccurate citing of code?

I just received a letter from our City Attorney regarding a city-owned vacant property I had a Right Of Entry to. It expired, COVID19 kicked in and I haven't been able to locate a new space. The cost for moving (heavy equipment etc) would be thousands of dollars and economic suicide for me to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Unlike a criminal complaint, a letter from a City Attorney does not have to accurately cite the section they are claiming applies. But the real answer, you already know, Lawyer up! A response from you will be unlikely to carry weight, and once the City sells your property for $0.05 on the dollar,... Read more »

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3 Answers | Asked in Family Law, Juvenile Law and Landlord - Tenant for Virginia on
Q: Are their any laws that prevent a parent of an 18 year old from going to see their lover or friends

Also are there any laws that prevent a toxic, controlling parent from controlling an 18 year old’s life

F. Paul Maloof
F. Paul Maloof answered on Jun 29, 2020

I regret that I do not handle family law or juvenile law cases. Sorry.

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1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Not renewing lease can the landlords show apartment before I move out?

Im uncomfortable with this because of two things. First I don't believe it is safe having strangers coming and going during COVID 19. Second I have a dog and do not want them coming in while I'm not there ( he's a loving dog never acted mean but don't want to take the chance).... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 29, 2020

You'll have to work it out with landlord. Ohio law requires tenant to allow landlord to show premises to prospective tenants, after giving "reasonable notice," typically 24 hours. But if you refuse because of the virus, there isn't much landlord can do. Propose to send photos to landlord.

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