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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: What is a promissory note & what is a life lease what are the responsibilities of the tenant & or the original homeowner
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 12, 2024

A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.

This has nothing to do with life leases which is a way to transfer a...
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1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Texas on
Q: How do I have my name removed from an apartment lease, if the lease is up?

I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a... View More

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1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Florida on
Q: Eviction was dismissed and a $9000+ check was issued to landlord's attorney. They are still reporting that I owe them.

A wrongful eviction was filed against me in February of 2023. I continued to pay rent to the court and the case was not officially dismissed until recently in July 2024 (due to the attorney being unresponsive). The ORDER OF RESOLUTION, RELEASE OF FUNDS AND DISMISSAL was submitted 07/30/2024, and a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 8, 2024

The first step is to contact the landlord or landlord's counsel to ask the reasons that additional amount is being demanded, with a full explanation/itemization in writing. Either there's something that makes sense, or there isn't. If it doesn't make sense, or there's no... View More

1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can you explain what a (421-a) and a (J-51) is. There is a rent lock situation going on and im trying to get them lifted
Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

Dear New York Apartment Building Investor:

This may surprise you, but there is no proper way to purchase an apartment building in NYC, let alone evaluate the property, without an attorney.

Both J-51 and 421-a are examples of long-term run 'with the land' real property tax...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord tell me to leave a month before lease ends because of issues with them trying to sell the property?

Nov 1st 2023 I have a 1yr lease agreement on a house that my landlord is now trying to sell. May 30th 2024 landlord stated he found a buyer and signed with them but didnt have an official closing date but told us house will be closed sometime before the end June and we should be gone by July.... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Sep 6, 2024

Dear Queens Tenant:

The truth is that unless the lease allows the landlord a right to early termination, you do not need to accommodate the owner's house sale. Even a properly ended lease in New York does not require the tenant to move out voluntarily. The tenant could wait it out and...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I'm trying to evict my girlfriend of 13 years from my home that is mine but she will not leave i live in n y
Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

Any legal eviction in New York State requires an initial inquiry about the relationship of the Petitioner (the party initiating the lawsuit similar to the Plaintiff) and the Respondent (the other party, who may be either a tenant or a licensee). The paths to getting into court are different.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Yes my question is how can I evict my girlfriend of 13 years from my home i live in niagara falls new york i tried to
Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

If your relationship with your live-in 'ex' fits a category of landlord/tenant or landlord/not tenant relationship, there is a form of summary proceeding available to use. Perhaps a holdover tenancy termination summary proceeding or a holdover Licensee holdover summary proceeding.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord shut off my hot water because I owe two months rent
Steven Warren Smollens
Steven Warren Smollens
answered on Sep 5, 2024

If your landlord does so, that is a crime, and you could call the police.

'....engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to charge me for water and sewer when my neighbor provides me water with his well
Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

What does your lease say? Your landlord's water is presumably metered and hooked up to your pipes. How is the neighbor's water acquired? Do you have septic or does your neighbor provide some sort of sewer service as well? Since water and sewer are frequently billed together by the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: set to move out on Sept 23rd. Gave our landlord 30 day notice on aug 22nd. Rent is due on the 1st. will it be prorated?

We move out by the 23rd of September, gave our 30 day notice on the 22nd. Rent is due the 1st of each month. Will we have to pay for all of September, or just through the 23rd? We are moving because we have had bed bugs for 6 months and they have done little to nothing to solve the problem(they... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 4, 2024

First, depending upon the details, notice given to the landlord, etc., you may have claims back at the landlord for failing to remedy the bedbug issues. If you want to consider that, review things with a local landlord-tenant attorney.

As for pro-rating the rent, yes, if you have noticed...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Can an apt complex legally enforce requirements NOT detailed in the lease/a lease addendum? Is it time to get a lawyer?

I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: 3 day notice to vacate in Texas. Lying landlord.

We are already moving out, but we got a 3 day notice on our door and then a text from the landlord that I must reply today by end of day or she will proceed with eviction. Don’t I have 3 days to respond? Or can she really proceed if I don’t reply the day she gave us the 3 day notice?

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

A 3-day notice to vacate is given when a tenant has not paid their rent in full in a timely manner. Whether you respond to the notice or not, the landlord can proceed with the eviction three days after the notice was given unless the tenant has fully paid all rent which has accrued and surrendered... View More

2 Answers | Asked in Real Estate Law, Insurance Defense and Landlord - Tenant for New York on
Q: Neighbor (or building's?) insurance adjuster asking for access - what's going on?

I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Michigan on
Q: Ex-roommate is trying to collect belongs two months after their lease ended. They’ve had plenty of notice & opportunity.

What would be their rights if they’ve been notified for many months? Their portion of the lease has been expired for 2 months now. They do not live in the home & the lease is only in my name. They are threatening to come get only the expensive items and not everything, since they still do not... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 3, 2024

What does your written agreement with your roommate say? Do you have ANYthing in writing?

Put it in writing or there is no way to answer this. I’d suggest even now you should — in writing — offer a specific time and place for them to pick up their things. If they are not removed...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: My new apartment came with a backed up kitchen sink. What can I do?

I moved into my Baltimore County apartment 3 weeks ago and the sink was already partially backed up with a broken garbage disposal. I've made several different type of attempts to get the landlords to fix it, but they are taking their time. This has made the kitchen unusable for cooking as it... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law requires that rental units be livable with essentials like heat and running water. Whether a backed up drain makes property unlivable or not would heavily depend on the circumstances. A single slow moving drain probably does not render property unlivable but if there were no working... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for New York on
Q: My Motion to Dismiss in Nassau County Landlord-Tenant Court was denied, and I want to appeal it.

My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.

Steven Warren Smollens
Steven Warren Smollens
answered on Aug 30, 2024

Dear Great Neck Tenant:

An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml

You also need a Request for Appellate...
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1 Answer | Asked in Employment Law and Landlord - Tenant for Missouri on
Q: Can I stop this garnishment or am I stuck paying this even though I do not owe it.

2018 I was evicted from my rental property cause I let my brother move In with me and he got the cops called on him one evening landlord found out about it. I never was late on rent and this and landlord was not right he wanted to negotiate rent with me often you know what I mean but I handle him... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 29, 2024

What matters is not whether you believe you owed the money related to the alleged debt for which you were sued. What matters is if you were properly served with the summons, the amount of the judgment, the calculation of post-judgment interest. If service of the summons was improper you may file... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How to evict my Son from my Apartment?

I live in a NYCHA Apartment, and recently had my son removed from my lease. He promised to move in no more than 30 days, but now refuses to do so. How do I get him out of my apartment? I don't want to get in trouble with NYCHA because he refuses to leave. Can I ask NYCHA to start an eviction... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Aug 28, 2024

Dear NYCHA Tenant:

I am sorry that New York Housing Law gives no breaks to tenants looking to remove unwanted roommates and family members. You will end up needing a lawyer to evict your son.

I cannot say that NYCHA will not let you change the locks or prevent your son from entering...
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