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Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Lease move out fees. Moved out on same day as move in.

I signed a lease agreement and moved out on the same day as move in. The home had a leak coming from the tub and it was leaking in all three bedrooms. Maintenance could not come out until the next day. I had movers remove all my boxes the next day and sent them a notice to vacant. My question is... View More

Erik A. Perez
Erik A. Perez
answered on Oct 2, 2024

In order to terminate a lease in Florida, you either need consent from the LL or a basis under the Landlord Tenant Act/ Contract. In this case it appears you did not have consent. In order to have a basis under the statute, it appears you would have needed to send a 7 days notice to cure and... View More

2 Answers | Asked in Landlord - Tenant for Minnesota on
Q: I am going through eviction, why do my landlords have 9 attourneys/lawyers representing them?
John E. Roach
John E. Roach
answered on Oct 18, 2024

It is common for a firm representing a landlord (or other parties in civil litigation) to include multiple attorneys on their court filings. This is even more common in housing court, where often a firm retained by a landlord has not determined which of the attorneys will appear at each hearing.... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
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James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: If a leasing contract expires in September, do the stated rules still apply in October?

We are renting out a house. We were planning on moving out soon. We made a security deposit of $3500 when we first moved in. The contract expires on the 30th of September. We asked the landlady to use our security deposit to pay rent for just a few weeks in October while the new place gets ready.... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 28, 2024

You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be... View More

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2 Answers | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Louisiana on
Q: Should I sue the landlord owner of property also

I have already told the whole story on line .. I'm elder . The landlord owner of property knew dog was there for years .. Is it lawful to sue both landlord and owner of dog . Both responsible

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2024

Should you sue? My answer is that what you should do is contact a personal injury lawyer and set up a consult to discuss the specifics of your matter---most personal injury lawyers provide free consults so you should take us up on these opportunities----discuss whether or not to add the landlord... View More

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I have a residential house under contract for rent, executed effective August 1, 2024, the applicant was through Zillow,

I have a residential house in Calera, Alabama, under contract for rent, executed effective August 1, 2024, the applicant was through Zillow.

The tenant defaulted on the rent for September 1. Phone calls and text messages were sent but she failed to acknowledge and respond to either through... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You will need to follow Alabama eviction law. In Texas, an email notice to vacate would be ineffective. A landlord must deliver written notice to vacate in the form required by the Texas Property Code. Most other states have similar, albeit not identical, requirements. Whoever oversees your... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Is it unlawful lockout if a landlord locks us out as we are moving? We are paid up completely. Owe him nothing.

We have made repeated attempts to arrange a time only to be ignored. We have conversations in writing stating that he doesn’t want us to get our stuff.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your lease has ended and whether you have vacated the premises. Generally, absent an agreement to the contrary, if you or your landlord have ended your lease, you have until the last day of your lease to remove stuff, and anything left after that date is usually considered to... View More

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 26, 2024

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family at this sad and difficult time. If the property did not transfer via deed upon death, then it is likely that some version of probate will be needed and consulting with a probate... View More

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

May your brother rest in eternal peace. I am very sorry for your loss. The ability for your brother's adult daughter to remain in the condo likely depends on the specific terms of the condominium association's governing documents, such as the Declaration of Condominium, the Bylaws, and... View More

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2024

I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to...
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Maybe if the failure to lock the gate was negligent and the injury was foreseeable. The trier of fact will have to allocate responsibility for the injury among all culpable parties, including the person who was injured. If the person injured was a child, the child likely would not be allocated a... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Are apartment owners liable if their employees forget to lock the pool gates and someone gets hurt
James Clifton
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James Clifton
answered on Sep 25, 2024

Apartment owners can be held liable if their employees neglect to lock pool gates, leading to an injury, based on principles of premises liability and negligence in employment.

Apartment owners have a legal duty to maintain their property in a safe condition, which includes securing pool...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Apartment managers will not give me a receipt for a cashier's check which pays for rent. That is their rule what do I do
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

The good news is that the cashier's check usually has a stub attached, which is good proof you paid. What's more is that, your cashier's check should be cashed against your bank account, so your proof of payment, and the identification of the person or business who deposited the... View More

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: What is considered wrongful eviction

Landlord told the court I owed him rent but I didn’t owe anything

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2024

A wrongful eviction would be done either constructively or through "self-help", and usually done outside the judicial process. If there was a court hearing where your landlord asserted you owed rent, and either you didn't say otherwise or the judge didn't believe you - or you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my building force me to pay for and use a trash service that was not included in my original lease addendum?

My building has a valet trash service that picks up trash outside our doors each evening. I signed an addendum for that service when I signed my lease. They changed the service now requiring tenants to schedule a pick up time and hand their trash directly to the pickup person. I always carry my... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2024

Are you month to month or under a long term lease? If the lease addendum lays out the specific service that they provide (leave trash outside your apt and we pick it up each night, or some such) then that's what they need to provide for the term of your lease. If they aren't able to... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I legally break my lease due to a neighbor in Florida?

My neighbors fight all night long. We’ve got documentation to prove we’ve talked to our property manager multiple times and we’ve had to call the cops on them multiple times due to domestic violence. Is there anything I can do that constitutes leaving early?

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 19, 2024

There may be a way for you to terminate the lease due to a breach of quiet enjoyment. You should bring up the issue to the landlord and keep a record of the disturbances (the time and the type of noise). You should not just stop paying rent or move out quietly though as the lease and/or state law... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have a case against my former landlord since the property burned out and he claimed what I owned and got paid
Tim Akpinar
Tim Akpinar
answered on Sep 19, 2024

A landlord-tenant attorney should advise here, but your question remains open for over a week. It looks like could have been some sort of mix-up here. This might be related to which insurance policies handled the loss, your renter policy or a policy related to the building. In either case, the... View More

1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon, can I record my landlord in my bedrooms, kitchen, and livingroom without their knowledge or permission?

To clarify, I'm asking about video recording with audio.

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

In Oregon, the law regarding recording conversations or activities in private areas like bedrooms, kitchens, and living rooms without the consent of all parties involved is complex due to recent legal developments:

General Law: Oregon law traditionally required the consent of all parties...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, me and my girlfriend need advice of how to handle this when we go to eviction court in a couple days ?

So they want $4,265 for the rent we have no paid, and for us to vacate the property. But the reason we have not been paying is because of us failing to get 2 carbon monoxide alarms they we still havent got for 6 months . And i have evidence of us asking them, our smoke alarms dont work, there is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 15, 2024

Dear Troy Tenant:

It would help your defense based on breach of the statutory warranty of habitability and breach of lease (failure of the landlord to comply with rules, codes, and regulations affecting habitability) if you had Code Enforcement write the violations for no smoke and CO...
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