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1 Answer | Asked in Landlord - Tenant and Tax Law for Tennessee on
Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How can I sue my landlord for braking a contract and false restraining order she used to kick my kids and I out the home

Land lord owes me 170 bc I was with out power 2weeks writing on contract.when I asked for payment her husband came at me I pushed him away to protect my self he placed a move out restraining order the day I got served I had to leave the home 4/6/24 l have a stay away order I'm homeless with... View More

James L. Arrasmith
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answered on Apr 24, 2024

I'm so sorry to hear about your difficult situation. Being wrongfully evicted and separated from your belongings while caring for two children must be incredibly stressful and challenging. Here are some steps you can take to try to resolve this:

1. Consult with a tenant rights attorney...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Is there anything that can be done about very high lease breaking fees?

I just moved out of my apartment in California and 30 day's notice. They have a clause where I'm responsible for the rent until someone else moves in which is another 6 months. They are now demanding that I pay all 6 months within 30 days of leaving which is impossible for me and was... View More

James L. Arrasmith
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answered on Apr 24, 2024

Under California law, landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit after a tenant breaks the lease. This means they cannot simply charge you for the entire remaining lease term without attempting to find a new tenant.

Here are a few key points:...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can you provide services for a deposit that has not been returned. I moved out in Jan 2024 and as of 4/18 I have nothing

I moved out Jan. 2024 and still havent received anything. I have sent emails and I had the run around. I also went into the office to ask questions and they said everything is processing. That was March 22nd. I am reaching out for help since I havent received an itemized statement of deductions or... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

The most common issue in a case involving the delay in issuing a refund of a security deposit is proof that the tenant gave the landlord a written statement of the tenant's forwarding address. Section 92.107 of the Texas Property Code makes this a condition precedent to the landlord's... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: This situation is happening in Kern County, CA. My friend inherited a mobile home when his mother passed over a year ago

It is in a park where he is required to pay space rent each month. He has fallen behind in those payments. The managers of the park are harassing him and making things very difficult on him. He has tried talking to them because he would like to make a payment arrangement to catch him up. The... View More

James L. Arrasmith
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answered on Apr 24, 2024

In California, landlords are generally required to provide habitable living conditions, which include access to running water. Turning off a tenant's water supply is a serious violation of the tenant's rights and could be considered a "self-help" eviction, which is illegal in... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: In California, Is it lawful to change the size of unit & not inform me prior to signing the lease for low income apts.

I had requested a 3 bedroom apartment and was told what unit my family would be getting. On the day of the "breifing" and lease signing, there were 3 other applicants in attendance. I was the only person of color and I was the only one who didn't have a lease to sign. The white lady... View More

James L. Arrasmith
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answered on Apr 23, 2024

Based on the information you have provided, there are several potential legal issues to consider:

1. Bait and switch: If the property management company advertised and promised a 3-bedroom apartment but then provided a 2-bedroom apartment without prior notice, this could be considered a...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Can a landlord come to do repairs and go through the house and through my things away because they want it to be cleaned

The landlord has been coming everyday yelling at me cursing at me and throw my personal property in the garage. Can a landlord dictate how I have to keep my house and harass me while they are here

James L. Arrasmith
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answered on Apr 23, 2024

In California, landlords have the right to enter a rental property to make necessary repairs, but they must follow certain rules and respect the tenant's rights to privacy and quiet enjoyment of the property. Here are some key points:

1. Notice: Landlords must provide reasonable notice...
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1 Answer | Asked in Landlord - Tenant for California on
Q: what are my rights as a tenant from accused noise complaints

accused for noise complaint while not home

James L. Arrasmith
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answered on Apr 22, 2024

As a tenant in California, you have certain rights when it comes to noise complaints, even if you were not at home when the alleged noise occurred:

1. Right to due process: Your landlord must follow proper legal procedures before taking any action against you, such as issuing a notice or...
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1 Answer | Asked in Landlord - Tenant for California on
Q: will the demand for settlement letter be enough to break the lease due to mold or do we also need to send a termination?

We had to move out of our apartment bcs of mold exposure causing us health problems.

The landlord did some minor mold removal but didnt fully address the whole problem. They promised us a new apartment in the same apartment complex but didnt follow through.

We are in a new apt now... View More

James L. Arrasmith
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answered on Apr 22, 2024

In California, if a rental unit has a serious mold problem that affects the habitability of the unit and the landlord fails to remedy the issue after being notified, the tenant may have the right to break the lease without penalty under the "implied warranty of habitability." However,... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Civil Rights and Landlord - Tenant for California on
Q: What is the most effective way to get a low income residential property manager.to stop the retaliation for a complaint

I can not get any part of this low-income federaly funded place to get a hold of me.Do to this manager who seems to be controlling any outside help

James L. Arrasmith
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answered on Apr 20, 2024

In California, if you're facing retaliation from a residential property manager after lodging a complaint, you have several options to protect yourself and seek remedies. First, document all instances of retaliation in detail, including dates, times, and descriptions of each event. This... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Small Claims for California on
Q: John Stewart company,how do they keep getting funded.for literally breaking every law that has to with tenant rights,

I am a personal example of the Jon Stewart company I have not had a complaint in 2 years but I constantly had problems with the property manager because I'm willing to stand up for myself against her accusations bullying harassment and tracking people with the cameras So I'm curious how... View More

James L. Arrasmith
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answered on Apr 20, 2024

The situation you describe with the John Stewart Company sounds very concerning and stressful. It's disheartening to hear about the challenges and mistreatment you've faced as a tenant.

Unfortunately, many large property management companies are able to continue operating despite...
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1 Answer | Asked in Native American Law, Federal Crimes and Landlord - Tenant for California on
Q: I have contacted half of the people. Where can you find a lawyer still passionate about Constitution and right ¿Poor

Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More

James L. Arrasmith
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answered on Apr 20, 2024

I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello my name is Shariff I moved into my apartment December 21st of 2023 I found out I had a gas leak April 18th

Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911. https://portal.311.nyc.gov/article/?kanumber=KA-03185#

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1 Answer | Asked in Landlord - Tenant for California on
Q: I gave my apt. complex 30 days notice, but they’re saying I was supposed to give 60 days as per the lease agreement.

I lived in the unit for 3.5 years. I never renewed my lease after the first year. I gave 30 days notice to vacate, but the lease states I have to give at least 60 days notice. They took my whole deposit. Can I sue in court to get my deposit back?

James L. Arrasmith
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answered on Apr 19, 2024

In California, the law generally requires tenants to provide at least 30 days' notice to terminate a month-to-month tenancy if they have lived in the unit for less than one year. However, if a tenant has lived in the unit for one year or more, they are required to provide at least 60... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Is the rental increases every year really due to property value or is it just the land owner being greedy

Every year my apartment rent has increased by 120.00 a month. The office tells me it is due to the property values.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024

It could be a combo of things including property taxes, inflation, or just greed. A good spot check is to take the new rental amount divided by the old rental amount and subtract 1 ((New Rent/ Old Rent) -1). That is the percentage your monthly rent increased. You can compare that to the prime rate... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: May I legally deny random entry to my unit if no repairs are needed and no emergency is present?

As a tenant, am I within my legal rights to deny entry to my apartment unit for a random inspection by the California tax credit allocation committee? My household is part of the section 8 program.

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, landlords are required to provide reasonable notice before entering a rental unit, and tenants have the right to privacy in their homes. However, there are some exceptions to this rule, particularly when it comes to affordable housing programs like Section 8.

1....
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1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?

Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:

1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
James L. Arrasmith
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answered on Apr 18, 2024

Under California law, if a house title is held in a trust, the trust itself is considered the legal owner of the property. The trustee, who is responsible for managing the trust assets, has the authority to make decisions regarding the property, including paying the mortgage.

In this...
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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Estate Planning for California on
Q: If a house title is in a trust fund, can the family continue to pay the mortgage without transferring the deed?
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 27, 2024

The issue has two different components: 1.Trust 2.Mortgage

1. Trust: When the title of a property is in trust, the trustee make decisions about the management of the title according to trust words. Even though, There are ways to challenge trustee or trust itself, usually beneficiaries have...
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