Me and my husband are about to close on a house in Ohio. There is a tenant living in it. But her lease is up. Because of covid Ohio has the no evictions until July 1st. Does asking a tenant who’s lease is up to move so we can move in fall under that no eviction ruling even though we aren’t... View More 
answered on May 26, 2020
If the lease is expiring, a landlord can ask tenant to leave by the expiration date, but if tenant doesn't leave, then landlord must file an eviction and wait for eviction hearings to resume. Evictions can still be filed in most courts - check with the court. Advise tenant that an eviction... View More
I'm the landlord, tenant and I came to an agreement she'd be out by May, as I had people scheduled to move in. I had a new lease drawn up stating the end of her tenancy to be April 30th. Come May, she tells me she won't move out, citing difficulties related to COVID-19. I told her... View More
answered on May 22, 2020
IF you have a written notice from the tenant that she is terminating her tenancy as of a specific date and she fails to leave, then you likely can proceed to evict subject to the courts being open and handling eviction matters so long as you have not accepted any rent from the tenant for past the... View More
May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... View More
answered on May 18, 2020
Questions of contract law almost always come down to "well, I need to see the contract."
However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.
They also usually have a Force Majeure clause that... View More
answered on May 18, 2020
Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... View More
My brother in law is on section 8 and lives in apartment that does not allow washing machines but was just recently caught with one He lives in NY does that mean automatic eviction?
answered on May 17, 2020
Don't panic. First, due to the Covid-19 crisis there is currently a moratorium on evictions until August 20, 2020. Second, evictions require a judicial process that affords tenants a number of protections and your brother-in-law is likely entitled to an opportunity to cure.
2020. My husband was in jail and I talked to the property manager and explained to him that he will pay when he gets out of jail and he's just been home a week and he can't pay the rent right now because of losing his job and his bank account is frozen to fraudulent activity and we have... View More
answered on May 15, 2020
A 15 day notice is the minimum amount of time the landlord is required to give you on a month to month lease. The Covid 19 restrictions do not prevent a landlord from evicting a tenant for anything but the nonpayment of rent; and in fact the restriction is on the sheriff from serving a writ of... View More
because of Covid. Now we are trying to pay the rent (March -current) but he would not accept it today. He said that he wanted us to now pay a deposit for our utilities and he wants to go through the building and make a detailed inventory list before we can get back in and open. We are in Oak Harbor... View More
answered on May 15, 2020
It depends on the terms of the written lease. Commercial leases typically allow landlords to seize the premises if tenant defaults, lock tenant out, and sell tenant's equipment and property to pay rent and any damages. Landlord does not have to accept late rent, and can terminate the lease... View More
answered on May 14, 2020
Likely not but it may depend, at least in part, upon the details and your situation. IF you share the same dwelling with other tenants or the landlord themselves, then perhaps yes though to be enforceable it likely has to be a policy in writing and part of your lease or otherwise properly... View More
The lease would go from 5/31/2020 to 6/1/2021. I am nervous to sign because of all the economic uncertainty.
answered on May 13, 2020
You are never required to sign any document, let alone a year long lease. However, if you elect not to, you may subject to whatever termination procedures are listed in your current lease. Different leases handle the topic differently - some just expire on the termination date, you are expected... View More
A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... View More
answered on May 13, 2020
If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.
Best... View More
You
My boyfriend has been living at this rental property for 3 years now. I moved in with him last year in May. He has been paying $350 in rent every month. He has text message receipts or texts stating that’ he paid and a couple paper receipts that were written to him. We notified the... View More
answered on May 13, 2020
Of course you can, although eviction may not be the appropriate remedy to get you out. You had 5 days to answer the allegations of the eviction complaint, so there may be a default against you and your boyfriend. I suggest that you contact a lawyer, perhaps Legal Aid, immediately, as in tomorrow,... View More
Landlord is refusing to renew lease and asking for unfair terms for renewal. Asking us to move out in the middle of this pandemic
answered on May 13, 2020
If the lease is expiring, and if it does not have an automatic renewal or a renewal option, then it will terminate. Landlord can ask for whatever terms they want, and landlord has no obligation to renew it if tenant doesn't agree. So landlord could evict you if you don't vacate.... View More
I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... View More
answered on May 13, 2020
The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.
You would be well served to initiate the termination of your... View More
Tenant told me my sublease is illegal and landlord doesn’t even know I live here. She gave me a notice to leave by May 30. Then verbally changed it to May 14... she won’t give me this is writing. THEN I heard her on the phone switching services back into the landlords name for the 11th. I’ve... View More
answered on May 10, 2020
Get an attorney, of course - not scrounge around for on-line advice. If you can't afford the hundreds and possibly thousands of dollars for representation by a private counsel, contact your local Legal Services or Legal Aid office - one of their main areas of work is landlord-tenant. If you... View More
I have lived in the same rental home for going on 6 years now in the state of Oregon.
Recently I was notified that the property owner “landlord” is selling the home in which I rent.
My landlord has had relators and photographers come into the home while taking no precautions... View More
answered on May 6, 2020
A landlord has to provide at least 24 hrs notice of intent to enter, be it to show to prospective buyers or any other non true emergency reason. The tenant is free to simply say no. If the landlord enters anyway, the tenant may be entitled to recover a month's rent in damages and/or a court... View More
answered on May 5, 2020
Certainly - the moratorium is on forcibly evicting a tenant for failing to pay rent during the pandemic; to date there has been no forgiveness of rent. It is, after all, one of the main purposes of having a security deposit. Just be sure to provide a written accounting for how much you are... View More
He is supposed to have a lease through June 30th and the lease spells out that the security deposit shall not be used as last months rent. He wants to use security deposit for May rent and move out a month early, because he found a house that he's buying. He also stated his wife lost her job... View More
answered on May 5, 2020
OH court activity is suspended in Ohio. You can file an eviction complaint with the court, but an eviction hearing might not take place for a couple months. If tenant moves out sooner, that won't help you. But an eviction filing is a permanent court record that can make it difficult to rent... View More
answered on May 4, 2020
It all depends - how long has the tenant been there? Over a year? If so, you can only refuse to renew the lease for a statutorily permitted reason - see ORS 90.427(5). If less than a year, you can refuse to renew the lease with the proper advanced written notice. It is unclear right now where... View More
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later... View More
answered on May 4, 2020
Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the... View More
My tenant and I signed a lease on Jan 1 2020 month to month tendency. Feb 1 2020 he couldn’t pay rent so we are doing a week to week tendency now. He has paid weekly until week 3/13-3/20. I hadn’t written any notice to quit or pay until this week 4/17-4/24 when he missed another payment. I... View More
answered on May 4, 2020
Oregon has become increasingly tenant-friendly and anti-landlord so if you are a new landlord you truly need to fully educate yourself about all the rules and regs regarding being a landlord. Most violations by landlords are unintentional and cost the landlord damages in terms of multiples of... View More
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