Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »
Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.
to stay in 2020-2021 school yr for same cost. Covid then hit. The apts had a lot of students to become ill. Student advised apts was leaving in May to avoid becoming ill since campus was shut down. Feb 2021 recd ltr from apts stating owed from Sept through present. Does student have to pay after... Read more »
It depends upon the notice provisions in the original lease (rental agreement), specifically how long of a notice of non-renewal the student/tenant must give. And, of course, this is assuming that the January/February and May notices by the tenant were in writing.
Courts are open, and are handling cases, many by remote video hearings over zoom on the internet or through participation by telephone. Some courts still have in-person hearings. There are no COVID eviction protections for commercial leases.
Depending on what your lease agreement says and damages are, I would file a suit in court and ask for immediate injunctive relief. I would probably also seek punitive damages. California has strict prohibitions on landlord self-help remedies. I would contact a landlord–tenant lawyer immediately.
Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.
I rent a single home in Florida and the owner's realtor is having showings and I feel it's a safety risk to my health having 60 people coming to the house. I have a compromised health issue and I fear getting sick and in 1 day the realtor allowed 60 people to walk around the house. Is... Read more »
While I can see why you are concerned, as far as I have heard or read about, none of the provisions in the federal government's PPP or stimulus legislation provides tenants any protection from this unique situation. However, since it appears that your landlord is trying hard to sell the house...Read more »
The tenant has means & finances but just using Covid to his advantage. How can we evict 3/31 or can we at least convert to triple net to free ourselves of recurring expenses? Can’t afford the $2500 retainer or the hourly rates. Thanks!
If this is a commercial lease--not a residential--then give 30 days written notice to vacate (it's month-to-month), or whatever longer period is required by the lease, and when they fail to vacate you file for eviction based on tenant holding over beyond the term of the lease, or immediately...Read more »
It would seem that she is in breach of the lease re: occupancy. You can give her a 3 day notice to correct or quit, and a 60 day notice to quit, depending on the Covid restrictions in your area. You need to discuss with a local tenant rights attorney.
A notice to vacate is an eviction. There are limits as to evicting tenants during Covid, these vary by city/county. You should discuss this with a Real Property or an Eviction specialist in your local area.
I am retired and have a disability; have lived in my current apartment for 31 years. During the pandemic, my rent was raised more then 10% of my then current rent; I was not on a lease. If I did not accept the lease, I would have had to pay $935.00 month to month. Their reason was, that they are... Read more »
I am still in the process of trying to find somewhere for my family to move to but it isn’t easy trying to find somewhere to rent right now. Can a landlord who sold the property give you a notice to quit and still kick you out after 60 days right now?
Do did not indicate if you had a written lease. If there is a written lease, the terms of the lease control. If no written lease, the Landlord must conform to NJ statutes concerning eviction. The Landlord can not resort to self help. He must follow the procedures set out in detail in the statutes....Read more »
My landlord has seen my apartment and says it looks great, In my lease agreement which is month to month, he's allowed me to reside in an apartment I am remodeling in exchange for 1/2 rent. I am not working due to an injury and also have preexisting medical conditions that place me as high... Read more »
Ultimately it would be up to a Judge. That said, you have no right to deny entry to a landlord or their agent on a blanket basis. You do have a right to require all those who enter to wear a mask and be gloved, and to maintain at least 6' social distancing. With those restrictions in place,...Read more »
No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.
A little more information is necessary. But, if (1) your landlord provided the notice to quit, for whatever reason, and (2) waited the requisite number of days, and (3) then filed suit against you for eviction, but then (4) voluntarily dismissed the case against you. Then it sounds to me as if,...Read more »
If you own a mobile home and rent a lot in a mobile home park you are not in a traditional landlord/tenant relationship, rather you are a mobile home park tenant and special rules apply to you. Some of the special rules provide for circumstances permitting eviction such as "just cause"....Read more »
The property I have been living paying my rent for 8 yrs. and they want me out by Jan.31,2021 I was gave the letter back in June of 2020 but it been so hard to find a place do to the pandemic is they breaking the law somewhere cause no one haven’t came and seen the home to buy anything
The property may be tied up in probate or the personal representative of the estate may be waiting for you to vacate to fix the property up to sell, but that does not mean you cannot be evicted once the lease expires. If an eviction action is filed against you, you will have a trouble finding any...Read more »
First, this could be an unlawful rent increase. Check the civil code, I believe that your LL cannot raise the rent more than 10-15% per year, and they have to give you proper notice. Check Civil Code around section 1941. Next, about your security deposit, no, you cannot legally use this for last...Read more »
I've lived in my rental for over a year and half and we pay our rent every month on time. This month we received a no cause 90 day move out notice by email. They said in the email they want to put the house up for sale a month before our lease is over. They also want us to have our house in... Read more »
You cannot ban the landlord from ever entering your rental. You can deny any specific entry so long as you do not do so unreasonably. You can require basic PPP be worn by all visitors - masks, gloves, at least 6' away. The landlord cannot require you to keep your rental in "show"...Read more »
I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent...Read more »
Self help by a Landlord to cause an eviction of tenants is not permissible in NJ. In order to evict a tenant. a Landlord must follow the requirements specifically set forth in New Jersey statutes. To evict a tenant , the Landlord must file a complaint in court.
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.