It will be difficult to file a Detainer against you as you are probably a Tenant In Common, unless your Father devised the property to someone else or deeded it to someone else. You need to determine who owns the property first. It may be brought back into the Estate to pay bills of an insolvent...Read more »
My landlord says they don't have to show me anything because the receipts are my responsibility, even though the leaking ceiling is their responsibility that messed up my belongings in the first place. I feel like they will try to use my lack of payment proof if I ever go to court against them
If th ere is a suit in Circuit or Chancery, then you might discover them with a request for document production. Or just subpoena duces tecum them. Outside of suit, unless a written lease says otherwise, you have no right to the landlord's records. Besides, the landlord will probably just get...Read more »
Yes, if the new owner tries to evict or raise the rent, the prior owner will be in breach of your lease. The purchaser is buying the property "subject to" the contract ( your lease) already in existence, but only for the remaining term of the lease.
You can file a Civil Warrant against the Landlord for Breach of Contract. It may not be worth your effort, and it will probably take an attorney to collect it, if at all. Sometimes you can file a Judgment Lien after the Judgment is given.
She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.
If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the...Read more »
They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?
This can't be answered without checking the lease agreement. If there is no written lease and they tenants pay monthly rent, it's a month to month lease ( NOT "30 days"). If there have not cured the unpaid rent within that time, YES you must file in court to force the eviction if they do not...Read more »
We were on a month to month contract with an apartment community. They gave us a statement that said they no longer wished to renew our lease and gave 30 days. This was Aug 15th but if we stayed later than the 31st that they would charge a prorated rent from sept. 1st through 15th. Also if this... Read more »
Certainly. It sounds like the landlord is trying to give you a break on rent. The Detainer Warrant must be filed, served or posted, have a Judgment for Possession declared, and if you are not out in 10 days, have the Sheriff remove you under a Writ of Possession.
ed. I was told in Tennessee I had to settle estate here in Texas but Texas is telling me that I have to do it in Tennessee. The deed to the Tennessee property is still in my dad's deceased father's name(my grandfather) I am the only child .What is the right thing to do...
If any of the heirs are wanting to sell the home quickly, then you will need to probate both your grandfather's estate and then your father's estate. If you all plan to hold the property for many years, then this can be handled with affidavits of heirship. Neither of these are do-it-yourself...Read more »
Need more facts. Your lease may have the answer. But to conduct repairs and then pass the direct cost to you seems off. Have local counsel review your lease and the facts to determine what, if anything, you can do.
I started renting from him 7 weeks ago. After six weeks, I had not yet mowed the grass as I agreed to do in the lease, and he jumped straight to saying he wants to terminate the lease with no other warning. I have since gotten a lawnmower and mowed and maintained as agreed, but he still wants to... Read more »
You should post your question in the Alabama forum so Alabama lawyers may see it. If it were here in Tennessee, a landlord cannot cut off electricity for one month of unpaid rent. I imagine Alabama has similar protections. You would be wise to consult a local attorney for your options.
Moved in January 2018 pay 700 a month paid a 700 security deposit. July 28, 2019 landlord informed us we needed to find somewhere else to live because he was needing to move back into the house. He gave us until the end of august 2019. He has called us every weekend to see if we have moved yet. We... Read more »
Seems like he should refund your deposit. But also, you may be on the hook for August since you lived there, at least the majority of the month. What does your lease say about it? If he fails to return the deposit, consider filing a civil summons in general sessions court.
My husband noticed that a section of the barbed wire fence between our rental property and the neighbors field had a section missing and there were tractor tire marks in our driveway and grass. He texted our landlord and he said yes he gave the neighbors permission to do so. This morning I watched... Read more »
You are not the owner, and the owner can grant easements and licenses.
You might claim the traffic is interfering with your exclusive possession and use of the Leasehold, but what would be your damages? By the time you went to Court, your Lease would be over or the Landlord would...Read more »
We have a 37 year old man who is refusing to leave our house. His girlfriend kicked him out and we said he could stay with us for a little until he gets his own place. He has a job and He is to pay $100 each week and a portion of the water and electric. That was the deal. He was caught doing drugs... Read more »
You might be able to file a Detainer Warrant. I admit that I do not know if this will work since you are not the landlord or the owner. However you and your Wife are entitled to possession as you have a Lease. Ask For Possession Only so the Officer can post it if personal service is not...Read more »
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