Joseph Jaap's answer It is not illegal for her to do those things. During the divorce process, the the court will determine ownership of household items, cars, etc. You could file a motion for the court to order possession of a car. Use the Find a Lawyer tab and retain a local divorce attorney to review all the facts and advise you if you are not already represented by an attorney.
Joseph Jaap's answer Landlord can make such a claim and even sue you in court. Anyone can file a claim. The court would then review the lease and determine if landlord had a legal basis to claim you owe two months. But even if you win, a lawsuit is a public record, and could make it difficult to rent from a future landlord who checks the records. So try to work it out to avoid that.
Joseph Jaap's answer If the landlord will not take action, then use the Find a Lawyer tab to retain a local real estate attorney to review your lease and other facts of the situation, advise you of your options, and contact the landlord on your behalf to demand action. Or litigation might be required.
Joseph Jaap's answer If not successful this time, landlord can give proper notice and file a new eviction. An eviction is a public record, even if the tenant wins or the case is dismissed, and can make it difficult to rent from a future landlord who checks the records. So try to work it out with landlord to avoid an eviction being filed.
Joseph Jaap's answer It depends on the reason for the notice and the written terms of the lease. Non-payment of rent only requires 3 days. An eviction is a public record, even if the tenant wins or the case is dismissed, and can make it difficult to rent from a future landlord who checks the records. So try to work it out with landlord to avoid an eviction being filed.
Joseph Jaap's answer The written terms of the lease specify the method to pay rent. If landlord changes those terms, but tenant keeps paying by the old method, landlord might file an eviction. But if tenant complies with the original written payment terms in the lease, the court might not allow the eviction. But an eviction is a public record, and even if the tenant wins, a future landlord can find the case in the public records, and it might make it difficult for the tenant to rent. So try to work it out with...
Joseph Jaap's answer Whether or not she has any claim, depends on the wording of the lease and other facts. But if she has not been in contact by now, it is doubtful she would take any action if you re-rent. And if she did file a claim against you, your defense it that she breached the lease.
Joseph Jaap's answer Landlord can make that claim in court. The court will review the lease and facts, and determine if you are liable for the extra month rent and any damages for repair. It depends on the exact wording of the lease, if tenant was required to give notice and did it properly, etc. The court will review the lease and testimony, and decide. If landlord files a lawsuit, it becomes a permanent court record, and can make it difficult to rent from a landlord who checks. Even if landlord doesn't sue,...
Joseph Jaap's answer That does not give you a legal basis to break your lease, unless it was written into your lease that the landlord would definitely give you the next available 2 bedroom. You can talk to landlord about it, and ask for something in writing to get the next one that does become available.
Peter N. Munsing's answer I'm sorry to hear that you had to go through this. You have a case but.....the problem is that homeowners won't cover intentional acts, and if there is no insurance unless he's worth a lot of money you will get a piece of paper saying you are entitled to money--but he won't be able to pay it. The only plus is that as intentional acts they aren't dischargeable in bankruptcy.
I know that's not at all "justice" but it's like being mugged by a wino--you have a case but after spending...
Joseph Jaap's answer Either can be used to make changes to a contract or agreement. An addendum might be attached before an agreement is signed, and an amendment afterward. But there is no legal difference, as long as both are properly executed by all parties to the contract. But since you are asking the question, if you have questions about a legal document, use the Find a Lawyer tab to retain a local attorney to review the entire document and any contract, amendments, addendums, attachments, etc. and then...
Joseph Jaap's answer An eviction order only comes from the court. If landlord merely posted a notice on your door saying you must vacate, that is only the required first step in the eviction process. If you do not vacate by the date specified in the landlord's notice, then landlord must file an eviction action in court, and the court will schedule an eviction hearing a couple weeks later. If the court orders an eviction at that hearing, it will typically give tenant 7 days to vacate. The sheriff's office...
Joseph Jaap's answer A tenant can always move out. But landlord can then sue the tenant for breaking the lease and to collect rent for the remainder of the lease. If landlord files a lawsuit to collect rent after tenant moves out, the lawsuit becomes a permanent public record, even if the tenant wins, that record can make it difficult for tenant to rent from a future landlord who checks the court records. Use the Find a Lawyer tab to retain a local attorney who can negotiate a lease termination with the landlord...
Joseph Jaap's answer The owner should pro-rate, but probably won't. If you don't pay your rent in full, owner could evict you. If owner files an eviction, that becomes a permanent court record and cannot be erased, even if it is dismissed, and that can cause a problem for you when renting from a landlord who checks. So try to work it out with landlord to avoid that.
Joseph Jaap's answer That change would not be legally enforceable if landlord sued tenant for the higher amount, if tenant doesn't pay. Best to be sure to pay rent on time. If late, and tenant does not pay the increased late fee, then landlord could file for eviction, and tenant would have to go to court to explain that the change to the lease was not accepted.
Joseph Jaap's answer First, give landlord written notice of the problems, then proceed with the escrow process. Check your local court web site for the requirements and form to file. Rent must be deposited on time with the court, and the court will schedule a proceeding to determine if the lease requires landlord to take action, and if so, if landlord is acting reasonably.
Joseph Jaap's answer If there is no written agreement or lease, then it is a month to month tenancy, and landlord can terminate it at the end of any month by giving 30 days written notice. Notice to vacate given in December would be effective on January 31. If tenant does not vacate by 1/31, then landlord can give a 3 day notice and file an eviction. If landlord does not follow the proper eviction process, and tries to move the tenant out without an eviction, the tenant can call the police.
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