You will need to review the terms of your contract with the rental company. More than likely it has provisions in it regarding how and when the contract may be terminated. It should also tell you what kind of notice must be given.
I never signed a lease agreement and was living in an construction site for the year I was there. Under the impression that the landlord would work on house, and that never happened. I brought to her attention that I would be moving out. Now months later she threatening to file legal against me.... Read more »
Leases do not have to be in writing to be valid, unless the term exceeds three years. If the landlord does pursue you for payment of rent, you may have defenses if the landlord did not provide a habitable premises.
We had a signed lease in place with our names listed and requested, at discretion of the ABC commission that our LLC be added to the lease as well. Our landlord drew a handwritten line on the lease as a place for the LLC to sign, no other modifications were made. Now he is refusing to give us a... Read more »
No. The landlord should provide you with a copy of the signed lease. Unless there is some provision in the lease that allows him to charge a fee for modifications to the lease, the fee would not be appropriate. Also, if it is not in the lease, it was not agreed to prior to the modification, so it...Read more »
A renter recently moved out and although their monthly rent was current, they were habitually late making payment and had written several bad checks. I asked on numerous occasions for late fees and return check fees but none were ever paid. Can I now deduct those fees from the security deposit?... Read more »
I purchased the assets of a business in Wake forest NC. The owner mis represented the revenue of the business and i realized quickly that i may not be able to pay the rent. My LLC assumed the lease, with me as the acting member. Do i carry any personal liability if my LLC is unable to fulfill... Read more »
Generally, you would not be personally responsible for the debts of the LLC. Piercing the corporate veil is the way that you get behind the LLC to individual members. There are many factors that determine whether the veil can be pierced. Co-mingling is one, inadequate capitalization, failure to...Read more »
It will depend on whether or not she pays rent or any utilities. If she does, it may be construed as her actually having a lease, even if there is not one in writing. Leases are a tricky area of the law, and if you have any concerns, it would be best to consult an attorney about the specifics of...Read more »
Husband owns the property solely. He gave my stepdaughter permission to put a camper in backyard to live in. Her mother is on title to camper. Stepdaughter and mother were given verbal notice to move camper in 30 days, didn't do it. Stepdaughter now in jail. Can we do something to keep mother or... Read more »
The notice requirement will vary depending on the terms of the lease. Many leases include a provision stating that a breach of the terms of the lease permit the landlord to file for possession of the home. Many also include a provision stating the notice requirements. If you have questions about...Read more »
in the end of July 2017 and it was listed by Mid August. They decided to move out at the end of August 2017. I believe they technically gave us 30 days verbal notice. We planned on giving them 30-45 days notice when we got an offer. Do we technically owe them their security deposit because they did... Read more »
In general, the terms of your lease agreement will control. Your lease should provide the requirements that must be satisfied to end the lease, whether at the end of a term or upon the happening of other conditions that you establish.
While a security deposit may be held for nonpayment of...Read more »
A small water line broke which caused our bill to be almost $300 he did fix it a week later and my central air unit wasnt working took 2 1/2 months to fix my bill is close to $600 for 1 month. Our average water bill is $30 a month and a little less than $300 for electric. I have had to use my... Read more »
Lease states rent is due on 1st. 10-day grace period is allowed. On the 11th day, we send a pay or quit in 10 days notice certified mail. She emails stating that the check is being mailed. It ends up being post marked on the last of the 10 day notice. She has emailed stating that she would have the... Read more »
The terms of the lease agreement will control. If you are using a lease modeled after the AANC recommendations, the lease agreement should include a provision that you, as the landlord, are not required to accept a late payment. Without having more detail about the terms of the lease and the...Read more »
I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?
Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.
If you previously signed a one year lease which has expired, you are likely a month-to-month holdover tenant. The landlord can give you notice that they intend to terminate your month-to-month lease. If you don't move out, the new landlord can then evict you. Alternatively, if you have not paid...Read more »
A lease contract typically governs the responsibilities of each party. The lease can add requirements in addition to what may be set as a minimum by state law so long as it does not contradict the legal requirements. If the terms of your lease require a 30 day notice, it is likely a enforceable...Read more »
The landlord can only raise the lease as allowed by the written lease. Typically, in residential leases, the rent is set for the term, but contracts can always allow for the rent to be modified. If there is nothing in the lease that allows for this, then the rent should stay as is.
You have the right to occupy the house until you are given notice to vacate the premises. Assuming your lease is still in effect when the house sells, the new owner may simply give the notice of termination of the lease and you would be required to leave.
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