Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
The manager bought the home to rent out for more $ than what he is charged in rent at a property he manages .Is this a conflict of interest or ethical
answered on Jul 30, 2017
Subleasing a property in which one is a tenant is ok as long as the landlord permits it. If the principal lease agreement forbids it without prior approval of the landlord, the tenant risks being declared in default under his lease terms, if the landlord doesn't like it, (subject to any notice... View More 
My roommate wants to move out due to us not agreeing on certain living arrangements, but when she asked management if she could they told her she could not because she was the original lease holder. Her and I signed a brand new lease in April together but management told us that I would have to be... View More
answered on Jul 28, 2017
If you both signed the current lease, then legally you both either stay or you both are subject to being evicted - you have no legal right to stay if she moves out (nor does she have a legal right to stay if you move out). You don't say whether this is a month to month or a fixed term lease.... View More
My roommate has been trying to get me to move out for a while now but we are both on the lease and I've done nothing to violate the lease. She gave me a 30 day notice herself and when I told her I'm not going to leave because I don't have to she got upset. Her family has come into... View More
answered on Jul 28, 2017
You are asking essentially the same question a second time - and it does not change the answer. No, she cannot evict you; yes, the landlord may be able to with proper notice and proper procedure. As to the restraining order, that is a very fact specific inquiry and process that you need to review... View More
I have been having issues with my roommate for a while. At first it was minor things like me leaving the shower curtain open or having a guest or two over when she was home, but now it has gotten to where me and my family no longer feel safe here. In the beginning I tried to reason with her, I... View More
answered on Jul 28, 2017
If you both are on the same lease, only the landlord can evict you and only then with proper notice, lawfully worded and legally served. A co-tenant has no more right to evict you than you do her. To the extent she or her guests are creating physical altercations with you or your guests, you... View More
I'm renting out three bedrooms in a house that I reside in. It's a bit of a bungled mess because we (were) friends when we wrote up the contract 5 years ago. The contract says I'm renting out three bedrooms with common area and all three tenants names are on one contract, with a... View More
answered on Jul 28, 2017
If your tenant wishes to move out prior to the end of the 60 day notice you gave her, then she indeed has to give you 30 days notice of her intent to do so, so that all sounds quite proper. As to giving the remaining tenants 24 hr advanced notice of your intent to enter her room, this again goes... View More
I live in Oregon. In my state, do I have to get my landlords permission, to run a legal child daycare in my apartment complex ? Only caring for 5-6 children.
answered on Jul 26, 2017
Read your lease. It likely prohibits commercial activities, and a day care would be a commercial activity.
I am renting three bedrooms out of a house to friends, with me also having a bedroom. We share a common area. In the monthly agreement written up together and informally 5 years ago, it states that I am renting out three bedrooms with access to common areas for one monthly amount, (thinking that... View More
answered on Jul 26, 2017
It would depend upon how the Judge sees it. You have drafted a lease that is conflicting in its terms and thus throws confusion into enforcing it. Either all three sign the same lease and are collectively liable for the rent AND the security deposit, and ideally the tenants pool their rent and... View More
The original roommate is no longer on the lease. Is this valid or will he have to start over with a new notice? Also, would it hold up in court? Also what can the OG Roomie do to clear his name if it were to go to court?
answered on Jul 24, 2017
Assuming 60 days is the appropriate amount of notice (or more) that is required, it is likely effective as to you but not as to your new/current roommate that was not named on the notice (unless it says "and all others" or something similar). If it goes to court, and the old roommate is... View More
He had punched doors and walls. I said he has 30 days to leave and he said he won't leave unless i fill out papers and have them stamped. How do I get him out? He's also broke some of my stuff and I'm wondering if I have him served, im affraid what he might do.
answered on Jul 24, 2017
The exact details make all the difference here. Is there a landlord-tenant relationship between you or is he a guest that has over-stayed his welcome and refuses to leave? Regardless, oral/verbal notices to him are meaningless. Any notice to vacate, to be enforceable, must be in writing and... View More
Neither realizes leasing agent removed him and added a new roommate. LL is using this as a reason to give me a No Cause 60 day he sent the complaints with the notice. I never got a notice prior to this and they are from HOA to landlord copies 2 separate fines I've been here 3 years. No cause... View More
answered on Jul 24, 2017
A No Cause termination is just that - a landlord does not have to specify (though they can if they wish) a defensible cause to terminate your tenancy. You can try to negotiate with him now, before more time elapses, but in the end, if he does not rescind the notice (in writing please) you are... View More
Tenant that rents room is demanding that I should not enter common area which is against our rental agreement. I hardly enter the common areas and am a very reasonable landlord. She has not been following verbal requests from me and undermining my authority as a landlord. I live and do business... View More
answered on Jul 24, 2017
While you need to review everything in detail with a landlord-tenant attorney to know anything with much certainty, if it is a common area, and you reside there too, you have every right to use or occupy that area. As for retaliation, it is most difficult for a tenant to win that sort of claim.... View More
I have been renting my 3 bedroom unit for 7 years. Myself and two minor children. Landlord is remodeling says I must chose between a 1 bedroom or a hotel with no way to prepare food for my children for at least 3 weeks.
answered on Jul 24, 2017
It is up to you and your landlord to come to some sort of agreement as to your accommodations during the remodel, and you hold most of the power. If you agree to the hotel, be sure to get a reduction in rent to cover the extra costs of food. Lastly, be sure to get everything in writing. I handled a... View More
Subletting property manager without owners knowledge
answered on Jul 21, 2017
I am assuming the real question is if there is a valid sublease, and the answer is likely yes. Assuming the property manager has apparent or actual authority to the sublet tenant, then it would be valid. Now, the owner could certainly go after the property manager if they did not want the sublet,... View More
On 6/26/17 I received a 60day no Cause notice. My question is. My moving fees included last months rent. I paid rent on July 1st for july so my last month will be Aug 26th. IF I move before the final date, for instance august 1st. Am I entitled to get refunded the rent for the days not lived in the... View More
answered on Jul 20, 2017
If you had given 30 days notice yourself to be out by 8/1, then yes.
You might negotiate with the landlord though and see if they will let you out sooner for a refund of the rent, as they might want to get you out sooner to be able to get to work on preparing it for the next tenant.
answered on Jul 18, 2017
Your question does not make a lot of sense. A 72 hr notice only applies to being 8 or more days late in paying rent. It has nothing to do with repairs or entry. That said, yes, until you voluntarily physically move out and return possession to the landlord, or the Sheriff removes you from the... View More
The apartment I live in is a house converted into three apartments, with the Breaker box being in another unit. On the day I moved in, I discovered that none of the outlets nor my lights worked in my bedroom or the bedroom hallway. The breaker flips anytime I turn on my light and the hallway light... View More
answered on Jul 18, 2017
You should not withhold rent without reviewing everything in detail with a local landlord-tenant attorney - you could find yourself being evicted for failing to pay rent if you are not very careful. Not signing the lease is not likely to matter a lot either. You made the agreement and it is... View More
Then the park was bought by the people that own it now the thing is the new land Lord never did a new contract so for 10years he was pay $800 bucks a month $400 for space rent and $400 for what he thought was tord the trailer but the landlord would say the old contract was not valid then say it is... View More
answered on Jul 18, 2017
You need to review everything with a landlord-tenant attorney - now. A new owner likely has no power to cancel or change a contract and one assumes after 10 years, your father-in-law now owns the mobile home or almost does. If so, ownership of (or his legal interests in) the mobile home likely... View More
Date. Now that he sold the apartments he kicking me out. Can he do this to me
answered on Jul 11, 2017
If you are a tenant, then you have protections and he can only "kick you out" by following the law and giving you proper notice to vacate.
I just moved into the apartment less than a month ago. I found out that the building is being sold. Can I be served a no cause eviction if I have a one year lease? Will the new owner have to pay relocation costs if I am forced to move? What are my rights in this situation? Ideally I would like to... View More
answered on Jul 10, 2017
No, you should be fine. You will need to pay your contracted amount of monthly rent to the new owner when the sale is finalized instead of to the old one but otherwise everything should be the same, subject to the new owner potentially trying to change the rules. Regardless, as long as the new... View More
We got in an arguement and two days later he says we have to leave right then and threatens to burn our stuff among other things i told him he had to go to court to file a termination or eviction notice but he still keeps threatening us he hasnt filed anything and i was told i couldnt file until he... View More
answered on Jul 9, 2017
First, your posting is listed in Oregon Landlord-tenant but as lists as being posted in Tacoma Washington. So please understand that my comments are based solely upon Oregon laws and procedures. Washington's may or may not be similar, but the ones that will apply are whichever State your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
