Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
answered on Sep 16, 2017
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... View 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... View More
answered on Sep 6, 2017
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... View 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... View More
answered on Aug 30, 2017
If the landlord is in breach of your written lease, then a small claims action is appropriate for any damages that you believe you have suffered.
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... View More
answered on Aug 29, 2017
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... View 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?
answered on Aug 25, 2017
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.
answered on Aug 16, 2017
You have until the last day through which you have paid rent. If you paid rent for August, then August 31, 2017 is likely your last day that you are legally entitled to possession.
Like if I'm behind on rent and I didn't resign my lease what can the new landlord do
answered on Aug 10, 2017
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... View More
answered on Aug 7, 2017
There is no reason why a tenant can't draft a lease and present it to the landlord for signature.
can i challenge this apartment lease clause in court?
answered on Aug 3, 2017
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... View More
We need to rent to another daycare.
answered on Jul 26, 2017
You will need to file a summary ejectment proceeding in small claims court. Even if you aren't owed monies for rent, it is the process you must use to evict someone.
answered on Jul 18, 2017
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.
Landlord may terminate tenancy at expiration of initial term by given written notice 60 days prior to the exp date of initial term.
answered on Jul 13, 2017
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.
For being charge court fees and the landlord never filed the paperwork.
answered on Jul 7, 2017
Yes. The landlord cannot charge fees that are (1) not allowed by the contract (2) not incurred by the landlord (3) not agreed to by the parties.
My landlord would threaten to file court papers for me being late but never filed them but charged me an additional 125.00
answered on Jul 7, 2017
If the landlord did not actually incur the costs, then no they cannot bill you for filing.
I painted three rooms. She is telling me I should of painted the entire house so all the walls are clean. I painted nothing, because I thought landlords are suppose to go in and paint the entire house. Before a new tentant
answered on Jul 7, 2017
Review the written lease for your obligations upon moving out of the rental property. General wear and tear is allowed, so unless the lease specifies that you must repaint the property or you have agreed to do so, the law does not require it.
They just happened to come by as she was. Putting the trash by the door and went to get out four month old in his car seat. Is this legal?
answered on Jun 23, 2017
The answer will depend almost entirely on your lease agreement.
kept some pets over the weekend for a friend and the landlord came in unannounced and saw them. She immediately demanded that she pay the $300 pet deposit, which I'm sure they will take out of her deposit. The landlord came in yesterday to show the apartment and is now saying the apartment... View More
answered on Jun 22, 2017
The answer is going to depend on what the lease says. I don't think an attorney will be able to assist you without reviewing the provisions of the lease.
They said they were moving and the power has been cut off for non payment. Located in North Carolina
answered on Jun 22, 2017
If your tenants are still timely paying their rent and have not otherwise breached the lease, the fact that they moved does not give you the right to remove their personal property.
Chapter 42 of the North Carolina General Statutes will be of some assistance to you.... View More
Military active duty just rented a house
answered on Jun 19, 2017
Landlord must provide a tenant with "fit premises" as described in Section 42-42 of the North Carolina General Statutes. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_42/GS_42-42.pdf
Additionally if you're renting to an active member of the U.S.... View More
answered on Jun 12, 2017
Typically, it will just be the parties, their attorneys and the court reporter. The other party has a right to be there as does your attorney if you have one.
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