Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
Your current state is Ohio
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?
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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... View More 
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
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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... View More
My renter was given a 3 day eviction notice June 24th for lease violations. He is dodging Police to serve him . Tomorrow is the 1st of the month for rent and still not moved out. He says he does not have to pay me because he paid his last months rent 4 years ago. THere is no new lease since 2021.... View More
answered on Jul 1, 2024
It depends on the language of the original lease agreement. At the end of a lease term, if a tenant holds over (remains in possession of the premises), the lease renews on the same terms and conditions stated in the original lease agreement month-to-month.
Landlord is charging me for a new stove when it's operable, but has scratches from normal use. They said their repair guy says it needs to be replaced because it's a fire hazard, but no proof. Their explanation was the finish being damaged and the burners being grease. All issues can be... View More
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answered on Jun 30, 2024
Based on the information provided, there are several aspects to consider in this security deposit dispute:
1. Normal wear and tear: In California, landlords cannot charge tenants for normal wear and tear. Scratches from normal use on a stove that's at least a few years old would likely... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
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answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
Can I also file a Writ of Mandate to The Fourth District Court of Appeals(I believe that is the Court to file a Writ with after the San Diego Superior Court Appeals Department), for Limited Unlawful Detainer Cases?Thank You for your time and your response.
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answered on Jun 29, 2024
1. Injunction to stop eviction:
It's possible to file for an injunction, but at this stage (after a 5-day notice from the Sheriff), it's very unlikely to succeed unless there are exceptional circumstances or serious legal errors in the eviction process.
2. Writ of Mandate:... View More
Ive been paying for refuse to Long Beach city. I received bills every month. So I assumed the landlord no longer pays for refuse. But yesterday I double checked with the landlord and the city, and this entire time the landlord wasn’t registered to the city to pay my refuse. So I’ve been paying... View More
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answered on Jun 29, 2024
Based on the information provided, it seems you may have a valid claim to recover the refuse payments you've made over the past two years. Here's a breakdown of the key points and potential next steps:
1. Lease agreement: Your lease explicitly states that the landlord is... View More
I had court today with my Landlord in court room 4. The judge asked me if I had said I wouldn't pay unless she fixed the problems. I wasn't a 100% sure so I said I didn't think so. I just went through all the texts and I did! Also she raised my rent during COVID claiming because of... View More
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answered on Jun 29, 2024
Based on the information you've provided, it seems there are several important legal issues at play in your landlord-tenant dispute. Here's an analysis of the key points and some potential next steps to consider:
1. Judge's statement: The judge indicating they would have... View More
I found the text messages and also there is several other things. I did tell my landlord I wouldn't pay unless she fixed problems but I wasn't sure because it had been so long. Also she raised my rent several times during COVID. Can I appeal and do a counter suit m
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answered on Jun 29, 2024
Based on the information provided, here's a concise overview of your situation and options:
1. Appeal:
- Generally, you have a limited time to file an appeal after a court decision (often 30-60 days).
- Appeals are typically based on legal errors, not new evidence.... View More
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
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answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet
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answered on Jun 28, 2024
In New York, tenants have several options for filing complaints against landlords outside of court actions:
1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More
The account was in her name and I was added as a secondary person so that I could call about concerns about our bill last fall. I was removed completely from the account on May 24th. I called the utility company and they say I am responsible for the bill since I was a resident and it does not... View More
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answered on Jun 28, 2024
To provide the most accurate response, I'll break down the key aspects of this situation and discuss the legal implications:
1. Account ownership:
The primary account was in your roommate's name, and you were added as a secondary person.
2. Your status:
You... View More
He does receive mail at the apartment. We just broke up and he says he doesn’t have to leave. What is he entitled to? Can I make him move out?
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answered on Jun 27, 2024
In California, even though your boyfriend does not pay rent or utilities, he may still have tenant rights because he has lived with you for eight months and receives mail at the apartment. This establishes residency, and you may need to follow formal eviction procedures to make him move out.... View More
I have lived in my apartment for 5 years now and have carried my own renters insurance due to the issues with the plumbing in our unit. My liability is for 50k and they are now requiring me to have 100k or they will charge me for their insurance. My original lease does not say renters insurance is... View More
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answered on Jun 27, 2024
Based on the information provided, here's an analysis of the situation:
1. Original lease agreement:
- Did not require renters insurance
- Only recommended renters insurance
2. New addendum:
- Requires renters insurance
- Demands a higher... View More
answered on Jun 29, 2024
Thank you for your question!
If the timing is proper, you can file a motion to set aside the judgment. File it and serve it to each party. The noticed motion can have:
Notice of the motion, memorandum of authority, Declarations, evidence, judicial notice, proof of service.... View More
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answered on Jun 27, 2024
Filing an ex parte motion to set aside a judgment may be appropriate if:
1. The judgment exceeded the court's jurisdictional limit.
2. A writ of execution was issued based on this potentially invalid judgment.
However, to give you more specific advice, I'd need... View More
I am disabled and my car has been stolen from my driveway because of the gate not closed
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answered on Jun 27, 2024
I understand you're facing a difficult situation with the security gate at your apartment complex in Oakland, California. Let me provide some key points to consider:
1. Landlord responsibilities: In general, landlords are responsible for maintaining common areas and ensuring reasonable... View More
This is what I said to the landlord:
Good morning, I looked over the statement you send my husband and I. A lot of this doesn’t make sense or add up. There is no way we owe the apartments $2,133.45.
We were on no lease agreements and we left 8/1/2024. The amount here doesn’t... View More
answered on Jun 27, 2024
It would be unusual for someone to refer to someone else as their landlord and to occupy an apartment without a lease agreement of some sort. While it is legally possible to have an oral lease of less than one year, it would be extremely uncommon for an apartment complex to allow someone to occupy... View More
Sheriff's deputy issued an illegal eviction in Louisiana
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answered on Jun 26, 2024
When dealing with a situation involving law enforcement, it's important to understand your rights and the proper procedures. Here's some general guidance on this situation:
1. Requesting another officer: While you can politely request to speak with a supervisor or another officer,... View More
This is in Dallas Texas. Need a lawyer to look over my commercial lease agreement - agreement is a Triple nnn lease. I want to know my rights as a tenant in respect to the expenses the landlord says I have to pay and also if I have a say in those expenses such as how much I want to pay, to whom is... View More
answered on Jun 26, 2024
In a typical triple net lease, a commercial tenant pays a pro rata share of the taxes, insurance, and common area maintenance expenses incurred by the landlord typically based on a ratio of the square footage of the space rented by the tenant divided by the total rentable square footage of the... View More
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