Your current state is Ohio
Please clarify: If a Tenant who did not pay rent during COVID emergency period becomes current on rent payments after the emergency period expires, Tenant cannot rely on 6-month grace period to extend tenancy since Landlord can simply issue “no-cause“ termination notice to get Tenant moved out... View More
answered on Jul 20, 2020
A tenant can rely upon a 6 month grace period to re-pay rent owed and accrued, but unpaid, during the Covid emergency and cannot be terminated/evicted because they have not paid rent during that emergency. A tenant does NOT have a 6 month grace period from being terminated/evicted for any other... View More
We decided to sell the house after he said he was moving. he then asked us for a 90 day letter. I sent him a notice saying we were confused on his move out date since he kept texting different dates and we would consider from the time of letter 90 days per his request. I also sent him a cure or... View More
answered on Jul 20, 2020
This is all very confusing. First no termination notice - either from or to a tenant - is valid or enforceable if only sent by text or email. Second, if he is giving notice, why would you send a 90 day notice? Third, issuing a 90 day no cause notice during the Covid crisis is generally unlawful.... View More
Under HB4213, OR tenant has until 3/31/2021 to cure unpaid rent as long as tenant resumes paying monthly rent that is due after the emergency period expires -- but can Landlord then issue a "no-cause" 30-day or 60-day termination notice if tenant is paying rent after emergency period... View More
answered on Jul 20, 2020
A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just that - it has nothing (legally) to do with whether the tenant is current on their rent.
This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.
answered on Jul 18, 2020
The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... View More
Family is trying to evict my 5 yr old son & I, landlord doesn't want us to move buy he just came out of hospital & is receiving live in caregiver he is some days not remembering what happened earlier or yesterday , but he does remember b4 he went to hospital, he's gave a eviction... View More
answered on Jul 17, 2020
Sorry to hear you have these problems. You have a lot of issues, primarily is proof that the notice was retracted, since your LL won't help. If family has an actual Power of Attorney for everything or for financial affairs, they can act for the LL, but if it is just a medical power of... View More
answered on Jul 16, 2020
Ask? Of course. Require? Not a chance. Do you want others going through your home when you are not there? Neither do most tenants. Further the tenant has an absolute right to deny you entry as long as they do not do so unreasonably - and good luck in getting a Judge to say a tenant is being... View More
We have never not paid the rent except in the last month where we paid 50% as our business income has gone to zero since Covid started. Landlord suggested one smaller office space but cost to move and fact that we need to remove this overhead entirely means it's not necessarily a solution.... View More
answered on Jul 15, 2020
Many tenants with otherwise outstanding track records with their landlords have been unable to meet ongoing rent obligations as a result of the Covid-19 crisis. Sometimes, the terms of a specific lease or guaranty can provide a basis to end a lease early or at least suspend payments that became... View More
I had an eviction in March, paid it before the court date, the landlord said it was an "eviction with reservations", never gave me paperwork. I found out because I fell behind due to the pandemic, he then file the eviction. He went completely through with the eviction, I paid that in full... View More
answered on Jul 14, 2020
If you were fully caught up, there is no "reservations." You fully redeemed the property, but if you fall behind again, then the landlord could issue you a new default notice and file for eviction. If you decide to hire an attorney to help, I'm sure anyone would responds would be... View More
answered on Jul 14, 2020
You are required to give your landlord (or the landlord's representative in this case) access to the property, immediately if it is an emergency, or with reasonable notice if it is not an emergency. It is also reasonable to require that the manager be wearing a mask and be physically distanced... View More
answered on Jul 14, 2020
Many people are reluctant to have service people in their homes during the Covid crisis. If this is an emergency situation, you can commence a court proceeding to compel access. However, this generally means spending money on legal fees that are difficult or impossible to recover. Therefore, if... View More
answered on Jul 13, 2020
Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... View More
We have been leasing to them for two years and it just has not worked out. We want to take possession of the room for ourselves but they are claiming that due to covid restrictions they cannot work therefore cannot save a first and last months rent for a new place. Can we still serve them a 60 day... View More
answered on Jul 12, 2020
If your tenant, and or additional tenants subject your property to Long Beach rent control then you may be subject to paying a relocation expense. However, with the moratorium on evictions for residential convictions in California that does not prevent you from serving a 3-day notice to pay rent... View More
I have a landlord that has threatened to evict me throughout this "pandemic". I have paid rent every month except June, he has called me, text me, at any and all hours of the night/morning even after filing for eviction.
answered on Jul 12, 2020
As of June 24, 2020, the prohibition on evictions in Virginia was lifted. Your residential lease should have a provision for how often and by what means the landlord can contact you. If there is no provisions, the Code of Virginia does not provide one. In any event, you should send the landlord a... View More
Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court
answered on Jul 11, 2020
Many counties in California currently have local laws in place to protect tenants from eviction when they have problems related to COVID. No facts indicating you have such problems are offered, but they may exist and you are not thinking about them. A LL can terminate a tenancy of less than a... View More
My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.
answered on Jul 9, 2020
No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... View More
We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... View More
answered on Jul 9, 2020
READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... View More
I am unemployed due to COVID-19. I recently notified my landlord that I will be withholding paying rent temporarily. Additionally, yesterday he and his wife yelled at me for 15 minutes accusing me of lying to them about allowing my girlfriend to move in without their permission. After asking for... View More
answered on Jul 8, 2020
Thanks for your post and the citation. I reviewed City of LA municipal code § 186606, enacted on 05/12/20, and it does have the provisions that you describe in your question, no LL shall "endeavor to evict" or evict a tenant due to rent non payment or having an unauthorized occupant due... View More
He had an individual I do not know stay to do this cos had to come and let me in my home after just losing to sisters in 24 hrs he tries to throw me and my stuff and kids on street to pandemic he is a business owner and should no better then to change locks and throw my stuff in a dumpster he just... View More
answered on Jul 8, 2020
You can call the police. If you have proof that you live at that property the police should compel the landlord to restore you to possession. In the event the police are not helpful, you may file an emergency OSC with the NYC Housing Court, which has been hearing emergency applications throughout... View More
Been renting more 20 yrs in my apt in woodside NY, (queens) and did alot of renovations and never bothered my landlord for anything. Before pandemic my landlord told me she needed her apt back to use she gave me 1 month notice. I told them i will look for an apt but till then i will continue paying... View More
answered on Jul 7, 2020
If you are moving at the end of the month, the Landlord has no means to enforce the demand for an additional security deposit before you move. Unless a tenant has an explicit agreement with a Landlord to provide reimbursement for renovations, a Landlord is not obligated to reimburse a tenant and... View More
answered on Jul 7, 2020
Ohio law allows landlord to enter for inspection after giving reasonable notice, and to enter at any time in an emergency. The law has not been amended during the pandemic. If you do not work it out to allow entry, such as you leaving the premises during the inspection, or having landlord wear a... 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.