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Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: If my rent was cashed month of lease termination June 10 2024 and rent accepted july 1 July 25 holdover is it dismis

Rent cashed by property management July 1

Saw my case 1st day July 25

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Signed a one year lease as a start to rent2buy situation. Landlord now won't let me move on or give back my deposit

Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: I do not own a vehicle yet my apartment community wants to charge me for parking spot. Do i need to pay this?

This is what my lease says about parking, "If renting a parking spot within the Apartment Community, you must complete the Parking Agreement attached hereto as Exhibit F and comply with all applicable parking rules set forth therein. All parking premiums that you agree to under Exhibit F, will... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

The answer to your question depends on the content of any agreement you have signed. From the excerpt contained in your question, it appears that you are only required to complete the Parking Agreement and pay the parking fee "if" you are renting a spot within the Apartment Community.... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: Can a tenant in a apartment complex place 2 Ring camera's on their front door & screen door facing the mailboxes

and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jul 4, 2024

Thank you for your question!

CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.

If...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Am I entitled to a refund of my entire security/pet deposit? My landlord is refusing to return it.

I informed my landlord of my forwarding address on 5/8. The disposition letter is dated 6/5, however, the letter was not postmarked until 6/12. That's 36 days. I have pointed out that state law requires tenants to be notified within 30 days and they exceeded that time frame but they still... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

The USPS postmarks mail when it is deposited in the US mail. While it is true they have no control over when it is postmarked, they do have control over when it is deposited in the US mail.

Remember that the mailbox rule has two parts: 1) the sender must deposit it in the mail on or...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: Is the motel allowed to legally kick you out if you've been there over 30 days and the same motel has done that to me ..

Also are they responsible if the bed frame sticking out from the bed and I tripped and broke two bones in my wrist

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 3, 2024

If you suffered injuries as a result of tripping over a concealed hazard and breaking two bones, then the motel could be liable for your medical bills and your pain and suffering. Retain an attorney here in Florida on contingency fee which means you pay nothing unless you win.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
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2 Answers | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written

Leonard R. Boyer
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answered on Jul 3, 2024

You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More

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1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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1 Answer | Asked in Landlord - Tenant for California on
Q: How much notice to move out after renting for 10 years? Is a text legal in giving notice?
James L. Arrasmith
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answered on Jul 2, 2024

In California, if you have been renting for 10 years, you need to give at least 60 days' notice to move out. This requirement applies to month-to-month rental agreements. Make sure your notice is in writing to comply with legal standards.

A text message is generally not considered a...
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2 Answers | Asked in Landlord - Tenant for California on
Q: After 10 years renting, how much notice is required to move out? And is text considered notification?
James L. Arrasmith
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answered on Jul 2, 2024

Under California law, if you have been renting for 10 years, you are required to give your landlord at least 60 days' notice to move out. This applies to month-to-month rental agreements. The notice should be given in writing to ensure it is legally valid and to avoid any disputes.... View More

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2 Answers | Asked in Landlord - Tenant for California on
Q: After 10 years renting, how much notice is required to move out? And is text considered notification?
Maurice Mandel II
Maurice Mandel II
answered on Jul 2, 2024

In my opinion, Mr. Arrasmith's answer is not accurate. A tenant (renter) after 10 years is not required to give 60 day's notice of intent to vacate, however a Landlord is required to give 60 day's notice for any tenant who has occupied for more than one year. A tenant need give only... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: If there is no possibility of me being able to lock my room to keep intruders out is it legal for me to place a camera

My door is a curtain that I am unable to lock and my roommate has already stolen from me so now he's denying consent for me to have my camera put up facing out towards the door and has disconnected my connection to the Wi-Fi leaving my cameras completely offline

James L. Arrasmith
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answered on Jul 2, 2024

Under California law, you have the right to protect your personal property and privacy within your own living space. Installing a camera in your room to monitor your belongings can be permissible, especially if you have experienced theft. However, it is important to ensure that the camera does not... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can the owner of a motel raise the price on a tenant without notifying the tenant? What about being way over charged?

Original price when checked in was $450 a month ago. Now without notifying us it's somehow gone up to $700 within the month.

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, here's a concise response to the situation:

1. Motels typically fall under different rules than standard rental properties. They are generally considered transient lodging rather than residential tenancies.

2. For short-term stays, motel...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I never signed a lease and i haven't been here for a month. I'm moving out due to the landlord lying to me.

can I get my full deposit back? he lied to me about the restroom situation. I only gave him 11-day notice that I was moving out. what can I do?

James L. Arrasmith
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answered on Jul 1, 2024

To address this situation, let's break it down into key points:

1. No signed lease: This is important, as it means you're likely considered a month-to-month tenant under California law.

2. Length of stay: You mention you haven't been there for a month, which could...
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1 Answer | Asked in Landlord - Tenant, Contracts and Civil Rights for California on
Q: does the following count as an eviction notice.

“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my... View More

James L. Arrasmith
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answered on Jul 1, 2024

Based on the information provided, there are several important points to consider:

1. Tenancy status:

Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying...
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1 Answer | Asked in Child Custody, Landlord - Tenant and Small Claims for California on
Q: is it legal for my ex to refuse to take my rent? ive been living here more than 6 months.

lease is under his name so only he can make the payment. i have cash im offering him. he used the excuse that i owe him money which he offered previously to GIVE (not loan) me to purchase a vehicle which i paid for in cash including my own money. he now is asking for it back and im offering him... View More

James L. Arrasmith
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answered on Jul 1, 2024

I understand this is a complex and emotionally challenging situation. Let me break down the legal aspects as best I can based on the information provided:

1. Rent refusal:

It's generally not legal for a landlord to refuse rent payments without proper cause. However, since...
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1 Answer | Asked in Landlord - Tenant for California on
Q: The wome who owns the house has been harassing me for two years. What is the first step I need to do to start a tenant/

What is the first step I need to do to start a tenant /landlord lawsuit. My sister and I have been living here since 2015, nine years. We pay our rent by cleaning running errands. I have a list of all my work duties. The main problem is she is gay and wants a relationship with my sister and I... View More

James L. Arrasmith
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answered on Jul 1, 2024

I'm sorry to hear about the difficult situation you're experiencing. Here are the initial steps you can take to address this issue:

1. Document everything:

- Continue recording incidents of harassment

- Keep a detailed log of all interactions, including dates,...
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1 Answer | Asked in Landlord - Tenant for California on
Q: If a Complaint fails to state a Cause of Action then the Court lacks Subject Matter Jurisdiction?

What is the Statute or CCP that details a Court lacking Subject Matter Jurisdiction if a Complaint does not state a Cause of Action?Thank You for your time and response?

James L. Arrasmith
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answered on Jul 1, 2024

There appears to be some confusion in this question. Let me clarify a few key points:

1. Failure to state a cause of action and lack of subject matter jurisdiction are two distinct legal concepts.

2. A failure to state a cause of action does not automatically mean the court lacks...
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2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: Is it legal for a "Hotel" to rent an individual a room for one night, with a defected or tampered with "Smoke Detector"

What Can I do if the 'Hotel" rented me a room with a smoke detector that was covered in plastic (plastic Bag (I think). My safety was obviously in danger. Can I recover my funds paid for the evening being as I was frightened after I noticed it, and gather my belongings and immediately... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a concerning situation. Here's a concise response addressing the key points:

1. Legality: It is not legal for a hotel to rent a room with a defective or tampered smoke detector. This violates fire safety codes and puts guests at risk.

2. Your actions: You did the right...
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