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COVID-19 Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
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1 Answer | Asked in Landlord - Tenant for California on
Q: I rent a room in someone's home. If I can't pay rent due to COVID-19 shut down can I be kicked out?

I told the owner I can pay in 10 days when I get my EDD money. So do I have the right to stay if he tries to kick me out? My job was shut down for a second time due to the virus.

Maurice Mandel II
Maurice Mandel II
answered on Jul 3, 2020

Sorry to hear about your situation. As a renter, you have certain rights to a notice terminating your tenancy. The LL has to give you a 3 day notice to pay rent or quit, and in your situation, a 30 day notice to terminate the tenancy whether you pay in full or not. There may be limitations on... View More

1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: How can my daughter break her apt lease for the upcoming fall?

She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.

Maurice Mandel II
Maurice Mandel II
answered on Jul 3, 2020

You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to... View More

3 Answers | Asked in Landlord - Tenant for California on
Q: If I ask to withdraw from a lease prior to the approval and signature from the landlord, can I be released?

I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... View More

Manuel Alzamora Juarez
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answered on Jul 2, 2020

At first blush your case seems simple but when you look at it from a first year law student point of view, it may not be that easy.

Your landlord may have turned down other applicants and as a consequence, Landlord might suffer an economic loss if he releases you from the lease....
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant during the pandemic if I plan to move into the residence?

I have a month to month lease agreement with the tenant that began in October, 2019. Originally I planned to move out of state but plans changed. Is the fact that I will be moving back into the residence cause to file eviction during the pandemic?

Gregory L Abbott
Gregory L Abbott
answered on Jul 1, 2020

It may be a permitted reason under ORS 90.427 (5) to issue a no cause termination (though if they have been there less than a year, you do not need a permitted reason) but it is expressly banned during the Governor's moratorium and technically is a potential misdemeanor if you do so. Further,... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I was living with my brother and he broke the lease.But I been still here living here the landlord knows he sub lease

in and went went into Covid 19 to where we couldnt leave cause stay at home law.I try to work it out with him but he trying to charge me 2250 of 5 month back rent cause I was here but the lease wasnt in my name and he tried to get me sign a lease while a eviction was in process.Now with my brother... View More

Joseph Jaap
Joseph Jaap
answered on Jul 1, 2020

If you and landlord did not sign a lease, then landlord must follow the proper eviction process by giving you notice, then filing an eviction.

But some landlords do not follow the proper process, and just lock tenants out. A tenant can sue landlord if that happens. Try to work it out...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Not renewing lease can the landlords show apartment before I move out?

Im uncomfortable with this because of two things. First I don't believe it is safe having strangers coming and going during COVID 19. Second I have a dog and do not want them coming in while I'm not there ( he's a loving dog never acted mean but don't want to take the chance).... View More

Joseph Jaap
Joseph Jaap
answered on Jun 29, 2020

You'll have to work it out with landlord. Ohio law requires tenant to allow landlord to show premises to prospective tenants, after giving "reasonable notice," typically 24 hours. But if you refuse because of the virus, there isn't much landlord can do. Propose to send photos to landlord.

1 Answer | Asked in Landlord - Tenant for California on
Q: When can u kick out a roommate not on the lease that won't pay rent in ca during covid

My mom is scared of him. But he I guess well bang on her door at night with my stepdad in bed screaming at her threatening to kill it. And when she asked for the rent he will shine her on or we'll leave for 3 days and come back for a night then leave for another 30 days he won't pay rent... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 27, 2020

If you have a sub tenant that will not pay his rent you can evict him by serving him with a 3 day notice to pay rent or quit, and if he does not pay the rent listed on the notice, you can start an eviction action against him. On the other hand if you want to evict him for harassing and threatening... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for California on
Q: what are our rights when it comes to landlords selling the house?

We are on a month to month lease. Our landlord is selling the house. We communicate directly through the real estate agent and not the landlord. She uses Facebook to communicate with us. She doesn't give us proper 24 hour notice and she's shows the house on the weekend. They force us to... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 26, 2020

Many of your rights are set forth in the rental agreement, such as the amount of notice by the realtor showing the property. You should send written notice to your LL that the realtors are violating the rental agreement provision of advance notice by just showing up without advance notice.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My partner doesn’t want to move out. What can I do?

My partner and I have been having issues.

He has been moving in and out for the last 10 months.

This time he said He was not going to move out. He said he had 30 days.

He hasn’t paid complete rent for this month.

Can I evict him for non payment?

I gave... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 22, 2020

First, verbal notices are not enforceable. Second, currently you cannot evict or even serve termination notices, for failure to pay rent during the covid crisis. That may change by July 1st. Also understand that if you accept partial payment of rent, you may be waiving your right to evict that... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can I break lease since I haven't even moved into the apartment and been telling landlord I wouldn't be able to move in

I signed a lease before the covid outbreak. Found out over a month before the move in date that I wouldn't be able to continue with the lease due to the outbreak. I informed the landlord and they have yet to get back to me with any type of feedback.

Maurice Mandel II
Maurice Mandel II
answered on Jun 18, 2020

very sorry to hear of your problem. Currently the new legal protections for tenants regarding CV do not provide that you can flat out break a lease. It is not possible to predict an outcome for your particular case without all the information. If, as you say, you cannot move in due to CV, then... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: If a tenant is not paying rent for reasons other than Covid, can I proceed with taking him to court and eviction in CA?

The tenant claims that the AC isn't working properly

Maurice Mandel II
Maurice Mandel II
answered on Jun 15, 2020

In this unusual time, the government has issued directives protecting tenants who lost jobs and cannot pay rents. There are also directives assisting LL by providing mortgage relief. As a LL you are not barred from bringing an eviction action, but it most likely will not be heard on the same... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My mother rented a room to a tenant who is now endangering her, how can she evict?

My 62 year old mom lives in a mobile home park in S. Salem, her current total monthly earnings are less than $800; I consider her financially and socially vulnerable. In Feb., she rented a room to a woman, only to learn that her park's management would not 'approve' the renter as a... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 14, 2020

The fastest and cheapest way is IF the threats and stealing will convince a Judge to issue a Family Abuse Prevention Act (FAPA) restraining order. Mom can apply without charge at the court normally by filling out a petition form available from the court. She needs to give thought and care to... View More

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Is it allowed for the landlord to increase a month-to-month rent during corona in VA? I heard rent increases are on hold
F. Paul Maloof
F. Paul Maloof
answered on Jun 12, 2020

The Supreme Court of Virginia has suspended all new eviction cases in the Commonwealth of Virginia for tenants unable to pay rent as a result of COVID-19 through April 6. and then the eviction moratorium has been extended through June 28. I saw no order by the Governor that placed a freeze on... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I lease a house and legally sublet rooms on a month to month basis. Could I not renew a lease during Covid times?

Because the rooms are month to month, I would like to not renew the leases on one of the rooms. The Tenant has caused issues in the house with others and the property. I know I cannot evict them but since they are month to month can I just not renew their lease? I know I have to legally give them... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 11, 2020

No, first a month to month tenancy self-renews every month unless and until one of the two parties provides notice of their intent to not renew it at least 30 days (tenant)/90 days (landlord in Portland) after service of the notice. Issuing such notices by a landlord is currently prohibited by the... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My landlord keeps just showing up to my house during the covid-19 pandemic..demanding money

She showed up and demand Ed entry and pushed her way into the front door and came inside..she has threaten me. Yesterday said she almost burned the house down because if the rent freeze and I couldn't pay rent. She harrased me on social media slandered my name. What do I do..I have messaged... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 10, 2020

The solution is simple, though perhaps not easy. You simply tell her no and do not allow her to enter. IF she does enter without your permission, document it as best you can - notes, photos, witnesses, etc. - and, if you are there, call the police to have her removed. If she enters without your... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Building has a reported Covid19 & tenants are unsafe. I want to understand how we move out and not continue our lease.
George E. Patsis
George E. Patsis
answered on May 30, 2020

The lease may have an early termination clause. You should thoroughly review the lease to see if it provides you with any options. Try talking to the landlord, maybe they can correct the safety issues.

Generally, a lease cannot be terminated just because someone in the building is...
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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: If our landlord is taking a long time to repair the air conditioning, do we have any legal recourse?

We have been without AC for 2 weeks, and have a toddler and 70 lb dog living in the home. Due to the current situation in the outside world, we can't really go anywhere to escape the heat during the day. It is 84 degrees in all the bedrooms. The landlord told us that we could break lease... View More

F. Paul Maloof
F. Paul Maloof
answered on May 29, 2020

AC is a necessity in a residential lease. The Landlord has a legal obligation to make sure the AC is working. If the AC is not working in hot weather, you should call the Office of Housing Code Enforcement for the county/city where the premises is located and make a formal complaint. An Inspector... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord raise my rent when I renew my lease next month during this covid-19 pandemic?

before the pandemic my landlord was thinking of raising my rent to $1800 from $1600 next month when it is time to renew the lease. Can he do that now during the pandemic?

Gregory L Abbott
Gregory L Abbott
answered on May 27, 2020

While some details could otherwise affect the answer, a landlord must give you at least 90 days advanced written notice of any rent increase, and then only after the expiration of any fixed term lease. Plus any rent increase can be for no more than 9.9% over the last 12 months. If they try, it... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Can my roommate just kick me out?

Hello,

I moved in with a friend and signed a lease with a 90 day notice of me choosing to leave or them asking me to leave. The lease is with the landlord who never gave me a copy once I signed it. I've asked for a copy now that my roommate (the daughter of the landlord) asked me to... View More

Katherine Goodman
Katherine Goodman
answered on May 26, 2020

No your roommate cannot just "throw" you out. Your landlord only has the authority to give you a notice to vacate the premises and terminate your tenancy. Depending on the type of lease/ tenancy you have, what city you live, and why they are giving you a written notice to terminate your... View More

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