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COVID-19 Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My tenants lease expired last year in Virginia, so now month to month. I wish to sell the house and have given her a 45

Day vacate notice so I can renovate to eventually sell. Is this legal with current COVID guidelines?

Steven Krieger
Steven Krieger
answered on Aug 21, 2021

Selling is not a basis to evict, but the expiration of the lease is a valid basis to evict in VA. If you decide to hire a lawyer to assist with the eviction, I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord just told us he will not renew due to wanting to sell we can find another rental due to the high demand

People are moving here so when we apply for homes there’s already several apps on one home can we qualify under cdc extension

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 17, 2021

No. Your landlord is never required to renew your lease, and doesn't need a reason to not renew. Consequently, your tenancy will end at the end of the lease, and you must leave. A non-renewal is not an eviction, so Covid rules are completely irrelevant.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: So, from what I've read, the tenant has no legal right to contest an 'eviction' notice regardless of nature.

I currently rent through an LLC, have been in this home for 10+ years. Spoke with the property manager who claims I was not on a yearly lease and that my month to month was no longer going to be honored. Please bear in mind I did know I was on a month to month. I am not behind on rent even through... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 14, 2021

A landlord can terminate a month-to month tenancy with 15 days notice (the notice must be a valid written notice delivered according to the requirements of the Lease or statute). Termination of a tenancy is not an eviction, so none of the COVID rules, regulations or pronouncements from on high have... View More

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1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Landlord is not renewing the lease because she wants to offer to new tenants. Is this ok during Covid?

Our lease is up at the end of August. Over the past 3 months we have been paying the rent a little later in the month because I lost my job due to Covid and have not received my unemployment benefits. We are never more than a month behind in rent. We have 3 school aged children and the landlord... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 8, 2021

In Virginia, there is currently no prohibition for a landlord offering a residential rental property to a different tenant at the end of the lease term. The current prohibition is for an eviction of the current tenant.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: We have rented almost 3 years. In September of 2020 lease changed month to month. Today we got 60 day notice to vacate

Landlord gave us a no cause eviction June of 2020 the day after we paid rent and late fee. When the moratorium was extended she rescinded that notice. A couple weeks ago she mailed us a notice of Rent increase effective Sept 1 but didn't give it to us until end of June, so definitely not 90... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 21, 2021

Your landlord's actions appear to be highly suspect but more exact details are needed to know much. Charging a late fee in June 2020 may or may not have been legal (it became unlawful to charge late fees during Covid but I don't recall the effective date off the top of my head). Any... View More

1 Answer | Asked in Landlord - Tenant and Estate Planning for Ohio on
Q: My mother wants to kick out my brother who helps take care of her.. she has dementia and alzheimers what can he do

She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers

Joseph Jaap
Joseph Jaap
answered on Jul 21, 2021

If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... View More

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... View More

Elaine Shay
Elaine Shay
answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Should I not pay my partial rent as LL failed to fix bathroom ceiling leak problem??

I am a decent tenant paying rent each month and following lease. I live in NJ. I got bathroom ceiling leak problem since 1 month. LL says this is due to tenant living upstairs using extra hose and not keeping bathroom floor dry enough. LL says they tried to request him to remove attachment as... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 15, 2021

Open an escrow checking account. Pay into that account an amount equal to the withheld rent on a timely basis. In form the LL that you will release the escrow to him once the necessary repairs are performed. Be sure that the amount of rent withheld is reasonable considering the work to be done.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord legally sue me?

I was unable to reach my landlord and it was day 33 of having emergent safety concerns submitted to maintenance. (Window fell out of wall, breaker was sparking/blowing, floor caved in, no smoke detectors/sprinklers/extinguishers, and they building failed building and code inspection) I sent my 60... View More

Anthony M. Avery
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answered on Jul 13, 2021

Yes you can be sued. Be prepared to testify that you did not cause damages and possession has been returned. Expect a continuance and you may want to hire an attorney.

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: I live in Virginia and I want to evict someone from my house. They have no lease agreement and do not pay rent.
Steven Krieger
Steven Krieger
answered on Jul 9, 2021

Arguably, no notice is required if there was never a tenancy created, but to be safe, you could give a 30 day notice and then if they don't leave, you could file with the court. The eviction process is a bit complicated due to covid, so if you decide to hire a lawyer, I'm sure anyone who... View More

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: How do I go about evicting a tenant that has not paid rent in 2 months
Steven Krieger
Steven Krieger
answered on Jun 30, 2021

You have to provide notice and then give them a chance to cure by paying. If they don't and if they don't apply for rental assistance then you can file with the court. I'd strongly encourage you to hire a lawyer to assist with the eviction process because it has been more difficult... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: please see below

I have a house in NJ and a squatter living in there. I tried getting the squatter out but could not because of Covid laws. I sued in civil court and won a judgement of $14000 against the squatter.

When the court clerk called the squatter to make sure she got the court summons she told the... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 25, 2021

The first thing that you should do is proceed to enforce collection of the judgment. The procedure involves utilizing the services of a Court Officer. You may wish to begin by either doing the necessary paper work yourself, retain a credit adjustment company, or retain the services of an attorney.... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Per MD Code Real Prop § 8-203.1 can a landlord refuse tenant to be present during move out inspection due to Coronavirus

To be more specific, the property manager will not allow me, the tenant, to be present during the move-out walk-through inspection due to covid. Thank you

Leonard A Englander
Leonard A Englander
answered on Jun 22, 2021

Just seeking a bit of clarification here:

Are you asking if the Landlord can choose not to come or asking if the Landlord can refuse to allow the Tenant to be present?

For the former, you could allow an agent to take the place of the Landlord to conduct the walkthrough. For the...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Feb. 2020 moved into apartment complex owner “westside lakeshore LLC” covid happened. Covid paper work submitted.

Pr county website he has seen, No order/ judgement taken. I received notice of termination of month to month tenancy. On June 4th it Says rental of property has to be surrendered by 6/30/2021. This paper is not from a lawyer, court or service processor? Is this legal.

They... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 17, 2021

You are a month to month tenant, which means that the LL can terminate your lease with 15 days notice. You are not being evicted, so Covid has nothing to do with it. A landlord's notice that your tenancy is not being extended another month is not a document that comes via the court system. Its... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi. Thank you In advance! Can I be evicted currently?

Landlord states I’m past due and owe 3200. last payment was 3000$ with stimulus money. I have three minor children, one of whom is diagnosed with a disability and receives SSD. Is the moratorium still valid on non payment due to COVID-19 hardship? I am SE EMPL, receive unemployment, have applied... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2021

No, I don't believe the moratorium is still in effect. Basically, having already given you notice, what the landlord needs to do is file a complaint with the court and schedule a hearing. At or before that hearing, you must deposit the past due rent and other charges with the court. If you... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do I have any case against my roommate or leasing company?

I moved into a nice, upscale apartment in Florida a few months back. I came home one day and my roommate had emptied his storage unit into the living room. It was so absurd you couldn't even walk through all the stuff. I told him this was unacceptable to which he replied, "They cant evict... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2021

It is not clear what you want to sue them for; your roommate has too much furniture and he installed cameras which you took down already. I don't see how the furniture or the camera would be grounds for a lawsuit, but if the leasing company "offered to let [you] out of the lease if [you]... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I'm in Corvallis, OR. Can a LL charge lease break fees with SB 282 in place? The bill doesn't say much about it.
Gregory L Abbott
Gregory L Abbott
answered on Jun 15, 2021

Of course - any/all of the Covid moratorium rental restrictions apply to landlords either terminating a tenant's tenancy due to failure to pay rent or without cause. Neither apply to early termination fees - these are imposed only when a tenant elects to terminate their lease early. If they... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Hey so I’m renting a house and just had a new born today came home and had a letter saying there showing the house

Hey so I’m renting a house and just had a new born today came home and had a letter saying there showing the house Ever since I called the city/ county for her to make repairs of a septic and oil tank leaking they took matter in there own hands and email her for the septic charging her and the... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 15, 2021

A landlord has the right to sell the rental dwelling if they wish but they still have to provide at least 24 hours advance notice of their intent to enter to show the dwelling. You do not have to allow any specific showing but are not free to ban all showings. You can require that those that... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I be evicted if I provided a hardship declaration during covid
Elaine Shay
Elaine Shay
answered on Jun 11, 2021

If you filed a Hardship Declaration, you can’t be evicted before the moratorium is over unless you are engaging in offensive or dangerous conduct. However, you remain fully liable for all rents due, even during the moratorium. The landlord will be able to commence legal proceedings to evict you... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My lease is up on June 19th and the new rental can not guarantee it will be ready until June 30th. What are my rights?

I have left several messages with our current property manager but have yet to hear back from them. We have been legal tenants for just over 2 years with no issues. The landlord offered us a lease renewal, but we elected to decline and turned in a 60 day notice as is required in our lease. The... View More

Matthew Williams
Matthew Williams
answered on Jun 10, 2021

Your landlord would have to evict you, yes. But you don’t want an eviction just especially before you’re set to sign a new lease. After all, the new landlord may decide not to rent to you. So yes you have the legal right to get evicted, which would take longer than the two weeks, but that’s... View More

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