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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Texas on
Q: I am a landlord, i missed the 30 day time frame to inform my tenant I was keeping their security deposit.

They are saying i acted in bad faith, i was actually trying to find the cheapest option to cover the damages they caused to the landscape. They have contacted me and stated I have 10 days to pay the deposit plus legal fees. What options do i have

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

You should provide an accounting of whatever deductions are applicable based on the information known to you now and immediately refund the balance of the security deposit ASAP. If you are sued, you can provide evidence that you were diligently attempting to find the cheapest option to rebut the... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Hi, How do I find out who and where to have former landlord served?

I recently was granted an unlawful eviction by means of appeal and would like to sue my former landlord. I called the Secretary of State and went to the Courts only to be told that I have to specifically have a name and address to have them served. Also have to have exact information for names of... View More

John Michael Frick
John Michael Frick
answered on Aug 28, 2024

The landlord's name appears in your lease. If the landlord is a business entity, you can then determine the landlord's registered agent for service of process by search the SOS Direct website maintained by the Office of the Secretary of State of Texas online. You will have to set up an... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: I slipped and fell in my apartment from a faulty wall leak I complained about the leakage in my apartment over 6 times

On august 20th maintenance came out and assured me the leak was fixed on aug 21 I fell on my back I went to the hospital they told me I have a contusion on my tailbone nothing showed on the X-ray what kind of settlement would I be looking at

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2024

Sorry to hear about your ordeal. Settlement value of a potential case depends on numerous factors, including the strength of the liability position and the nature and extent of the injuries and necessary medical treatment. Often, the appropriate amount to demand cannot be determined until the... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Colorado on
Q: Is what my rental company doing legal?

The house that my roomates and I recently moved into is sinking into the ground and they are doing active construction on the home while we are living in it. There is orange fencing around the construction area when they are gone but during the day there are construction vehicles that we have to... View More

Stephen Johnston
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answered on Aug 28, 2024

The lease agreement that you signed is going to make a huge difference regarding this circumstance. In Colorado, the legislature has given very few protections to tenants. If you believe that the property is uninhabitable Colorado law would allow you to leave the property without being required to... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law and Landlord - Tenant for Louisiana on
Q: A Pitt bull mauled me at a rental house that knew tenent had a Pitt bull tied in backyard. No fence only change.

Ok I got a lawsuit on owner of property. They have a 300.000 policy. The owner of dog got evicted and has vanished. Louisiana st . Property owner knew about Pitt and did nothing. Tenant was there 4 years . Severe attack. Anyone else dog broke chain I fought him off of me. With lots of wounds. He... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 26, 2024

It sounds like you believe you have a lawsuit but you need to attorney----if so, please use the Justia Find a Lawyer tab and search for accident/injury lawyers in your area----most lawyers in this area of practice will provide a free first consult so I recommend that you set up meetings with as... View More

2 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for New Jersey on
Q: can I sue my roommate for emotional distress?

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Robert D. Novicke
Robert D. Novicke
answered on Aug 23, 2024

An individual can file an emotional distress claim if they are able to show the elements of the claim. Namely:

1. First, the plaintiff must prove that the defendant acted intentionally or recklessly.

2. Second, the defendant’s conduct must be extreme and outrageous.

3....
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5 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Do I have a case.

fell into a man hole type thing at my condo/apartments I live in

I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches

Im super sore and since I feel I keep seeing spots and hearing pounding.

This is something that just happened.

William John Light
William John Light
answered on Sep 12, 2024

That sounds like a case, although property owners have a defense they like to refer to as "open and obvious", so photographs of the area where this opening was will be important to discover why it wasn't conspicuous to explain why you fell into it. Also, medical evidence of injuries... View More

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5 Answers | Asked in Personal Injury and Landlord - Tenant for California on
Q: Do I have a case.

fell into a man hole type thing at my condo/apartments I live in

I hurt my hip and when I fell it knocked me so hard I lost bladder control. Blacked out. I keep having headaches

Im super sore and since I feel I keep seeing spots and hearing pounding.

This is something that just happened.

Haleh Shekarchian
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Haleh Shekarchian
answered on Sep 12, 2024

You have a great case. You are entitled to money for your medicals, loss of earnings, pain and suffering etc. You need to contact anyone of us on Justia for a free consultation ASAP. It is important what doctors you see so you can prove your injuries .

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1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for New York on
Q: How do I remove my husband, whom I am divorcing (super early stages) from the NY rent-stabilized lease due for renewal?

My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More

Jack Mevorach
Jack Mevorach
answered on Aug 17, 2024

Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.

Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: In landlord, tenant law, can an eviction be quashed Under the 56 day rule If the court took too long to rule on appeal?

I was evicted from my home for nonpayment of rent. I filed an appeal. The 30th circuit court took six months to rule on my appeal. They agreed to uphold the eviction. Can I quash the eviction under the 56 day rule? I have paid all of my rent into escrow. I have a remaining balance of $1805.72 can... View More

Brent T. Geers
Brent T. Geers
answered on Aug 15, 2024

Unlikely. While I like where you're going with your logic, unfortunately the law doesn't work that way.

Procedurally, there was an order for eviction that you appealed. When you appeal, things are sort of put on hold during the pendency of the appeal. Then, the decision is made...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I be sued if I never had a lease agreement and have not lived on the property since 2019?

I lived in a fairly run down trailer that I rented from my grandmother in 2016-2019. I have had trouble with employment and my grandmother let me live there for basically nothing if I helped her with her yard and then when my grandfather became ill I took care of him. She counted this as work/... View More

Anthony M. Avery
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answered on Aug 15, 2024

It appears that you did not defend yourself in Court. Sessions Judgment can be appealed de novo to Circuit within 10 days, or its final. If final, then Judgment Creditor will try to collect against you and you need advice from a lawyer about exemptions and asset protection. If not final, file... View More

2 Answers | Asked in Personal Injury and Landlord - Tenant for Texas on
Q: Can I see my landlord for not making repairs in my apartment causing me a health injury?
John Michael Frick
John Michael Frick
answered on Aug 15, 2024

Unless you have agreed otherwise in your lease, yes. You will need to prove that your landlord was aware of the dangerous condition that caused your injury (usually because you sent in a maintenance request) and that the landlord failed to correct the condition within a reasonable time.

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1 Answer | Asked in Estate Planning, Family Law and Landlord - Tenant for Kentucky on
Q: What time of attorney should I seek?

I just found out that my brother and i co own a home (bc our mother died) with our aunts. My grandmother has been gone 9 years (mom almost 11 years). I rented her home from my aunt's for 3 years and 8 months without knowing I was a co owner. I paid roughly 25 000 in rent. Do I have a case? And... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. What kind of attorney? Maybe a starting point would be an attorney who deals with wills and estates (it looks like you're already pointed in the right direction with your selection of the "Estate... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: I hired a lawyer and sued my former landlord. We won. My lawyer has stopped helping me. How do I collect?

I don't know what to do?!?!

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2024

First step, if you haven't done it already, is to send the judgment to the defendant with a demand to pay by X date. If no cooperation, the next step is to request the Court to order the defendant to complete and execute a Fact Information Sheet, which is for assets/income disclosure (if the... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: We just rented a home in Oswego, NY. It has been verified to have mold in the basement by a 3rd party lab. What do we do

The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as... View More

Aubrey Claudius Galloway
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answered on Aug 10, 2024

Dealing with mold in your rented home can be concerning. Here are the steps you should take:

1. **Notify Your Landlord**: Inform your landlord or property management company immediately about the mold issue. Provide them with the report from the third-party lab as evidence.

2....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord increase rent without written notice even if the lease is oral monthly

Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.

Aubrey Claudius Galloway
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answered on Aug 10, 2024

In your case, the landlord needs to provide 90 days written notice before increasing the rent in the month-to-month tenancy, you are living under. Here are some of the rules and laws relevant to your situation along with analysis and citations to statutes etc.

In New York State, landlords...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: My lease is up and landlord went up on rent from 650 to 800. We agreed to pay 700. Can they demand you keep paying 800.

They bring they notice on a paper attached to door. I have written to them I only agreed to pay 700. I also have several issues with my apartment maintenance says they will call me back and we are an there list to be fixed but I haven't heard anything. I have told landlord several times.

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

If your lease is up and you have not vacated your apartment but are current on your rent, your landlord must give you thirty days notice before evicting you.

Your landlord can take the position that they will not renew your lease or allow you to holdover unless you agree to its new...
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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I won my case and the judge orderd the tennant to pay back rent but the tenenat has not made a payment

I won my case and the judge orderd the tennant to pay back rent but the tenenat has not made a payment. I had another garnishment served to there job but they quit to avoid paying and got another job but I dont know they work to have them served again what can I do

Anthony M. Avery
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answered on Jul 30, 2024

If you know where they bank, you might pay for a garnishment of their account. Outside of that, you might go after personal property you know they have and, as always file the judgment as a lien for 10 years in the County you think they live in. You could also get post judgment asset discovery... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord deduct from deposit Uber cost to Home Depot to buy materials to fix damage tenant caused.

Tenant damaged many things in apartment and landlord had to purchase the items and had to take an Uber to and from Home Depot. Can landlord deduct this cost from security deposit?

Peter J. Weinman
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answered on Jul 29, 2024

If the damages were sufficient to justify a deduction from the tenant's security deposit, I do not see a round-trip uber trip as unreasonable -- any more than if the landlord ordered the items to be delivered and had to pay a delivery fee.

2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Nevada on
Q: In Nevada, would it be legal to throw away my ex fiance's stuff? He cheated on me and left 3 months ago

His parents are aware of the situation and that we were trying to coordinate last month. However, the stuff is still here taking up a lot of space (6 boxes of clothes/tools). I would rather just throw it all away and start fresh. I gave him the important documents already. Some of the tools/clothes... View More

Jennifer Setters
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answered on Aug 20, 2024

It's common to feel the urge to get rid of your exs stuff, after a while. The rules around disposing of their belongings can be tricky and depend on laws. In Nevada those items might be seen as abandoned property. There are usually steps you need to take before you can throw them out... View More

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