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COVID-19 Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant for Kentucky on
Q: Hi, I was renting an apartment about 2yrs ago and cleaning before moving in I fell down the stairs broke my back

I hired attorneys, I hadn't heard from them in a couple months so I called to see what was going on and I was then told they had tried to contact me an had to drop my case because they couldn't reach me for discovery. They had the correct phone number & address, they had came to my... View More

Robert Edward Blau
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Robert Edward Blau
answered on Dec 29, 2020

On what date and year did the accident happen? Generally, in Kentucky you only have one year from the date of your injury to file a lawsuit. Please let me know the answer to my question so I can further advise you.

Thanks

Robert Blau

1 Answer | Asked in Landlord - Tenant for Missouri on
Q: My landlord refuses to renew my lease during pandemic, never late on re time never violated lease, he wants to remove me

I've lived in my apartment home for 8yrs an I want to stay in my home all landlord tells me is it's so he can remodel my apartment he won't renew lease an I can't come back to my home after he remodels it. Help I don't want to move out of my home

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 28, 2020

You have the right to remain during the lease term so long as you are honoring you obligations. You don’t have the right, however, to make your landlord renew the lease.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My niece and her baby were removed by the sherriff from her house yesterday because of a eviction judgement by default.

She got a 72 hour notice Dec 10,2020. She spoke to her landlord and he agreed to give her until Feb.1, 2020. She got that in writing. Yesterday Dec 21,2020 the sherriff office evicted her. The paperwork said she had to contact the landlord to get her possessions. However the deputies would not... View More

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

Most, if not all, 72 hr notices are banned during Covid and the very issuance likely is unlawful. Further, it is unlikely that any court should have granted the relief sought, though your niece was obligated to show up in court. Doing so likely would have avoided the whole issue. Your niece... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: In Oregon, I have a tenant who's lease is ending in March. Can I choose not to renew their lease?

With the moratorium, I don't know if I can choose not to renew their lease at the end of it. The plan for this property was to rent it for two years, and then sell it. This is the end of the second year, and I'd like to sell the property, before the capital gains taxes become applicable.

Gregory L Abbott
Gregory L Abbott
answered on Dec 21, 2020

One of the subtle changes that has been made over the pandemic is exactly what provisions of Oregon Landlord-Tenant law the moratorium applies to. Currently, you are allowed to sell your rental property so long as you comply with all the requirements of ORS 90.427 (5)(d). IF your rental dwelling... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: My daughter put a security deposit down on a home for rent. They told her it was hers, and pulled all the "For Sale"

signs from the yard. They were set to move in on the 1st. They called and said they sold the house anyway. She has two weeks now till her current lease is up and nowhere to go. They didn't sign any papers for the lease yet. Is there anything that can be done other than just getting her deposit... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 17, 2020

Given the facts your reported, it sounds like your daughter had an "oral" agreement, but it was not reduced to a written and memorialized contract, to assure her rights to the rental. She certainly has a right to the return of the security deposit from the owner. She could bring a... View More

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: I am a hold over tenant with a court date coming up soon. I am up to date on rent, and my lease has gone month to month

If I lose, am I entitled to an appeal, and if I appeal, may I ask for a jury trial? No money will be owed by me. I am fighting on the basis of retaliation. Thanks. I am trying to approximate how much time I will have in I lose my case in March, 2121. I am chronically ill, Federally Totally... View More

Leonard A Englander
Leonard A Englander
answered on Dec 16, 2020

Good evening,

Well, a lot of this depends on the grounds. If the Landlord gave you proper notice to vacate and your lease term is up (ie month to month) then you will almost assuredly lose the case. All the Landlord has to prove is that a) the lease term is up, b) you were given proper...
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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have terminal lung cancer , do I have to allow landlord in to show house im renting that he wants to sell ?

Im on Keytruda ( immune therapy ) even the common cold could kill , not to mention covid19 !

Joseph Jaap
Joseph Jaap
answered on Dec 16, 2020

Ohio law says a landlord can show to prospective buyers by giving reasonable notice - typically 24 hours. But the law doesn't specify a penalty for tenant if tenant refuses to let people enter. However, the landlord could then file an eviction, and the tenant would go to the eviction hearing... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Tenant under eviction is trying to run a home business. Can I stop this?

My tenant is trying to have a photoshoot at my rental property (which she is being evicted from). Can I have this shut down if she does not provide Public Liability Insurance? Or is there any other legal route I can go to have this stopped? I do not want many people gathering in my property... View More

Joseph Jaap
Joseph Jaap
answered on Dec 11, 2020

There probably is no practical way to do that quickly. Court action can take days, weeks, or longer. You can't really threaten her with eviction if that is already in progress. Use the Find a Lawyer tab to retain a local litigation attorney who can review the situation and advise you of any... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Our landlord gave us a 90 day no cause termination of tenancy, can she make us leave if we don't have a place to go?

She sent us a certified letter, and we are trying to figure out a place to go. But it hasn't happened yet. What happens when she shows up on the day we are supposed to be out wanting us out. And our 5 kids

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

Whether that is lawful depends upon the reason given in the no cause notice. They can only be given for permitted reasons and only 2 of those reasons are allowed during the pandemic. Plus if she only sent the notice by certified mail, it is unenforceable. Additionally, if she has issued the... View More

1 Answer | Asked in Landlord - Tenant and Collections for Tennessee on
Q: i have been paying rent to an apartment, who now has no record of me lving there help?? please!!

My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... View More

Paul E. Tennison
Paul E. Tennison
answered on Dec 8, 2020

Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the process that I need to take to evict and recover rent for nonpayment/tenant breaking lease?

Nashville: I am a landlord that has a signed lease agreement with a tenant for 12-months of which 6-months were fulfilled. The tenant is currently at my property, hasn’t paid rent and stated the he does not plan to pay.

What are the steps that I need to take to ensure the tenant is... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2020

Hire a competent attorney in the Davidson County area. Get him to file a Detainer Warrant and prosecute it until the occupant is gone. Do not get security deposits anymore, due to the Landlord/Tenant Act applying there. Hopefully the virus mess will not hold you up, but file the Detainer asap.

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord wants to have in person showings to buyers during covid-19. Do I have a right to refuse entry due to covid-19?

I have a 2 year old in my home. I do not feel comfortable risking my family's health so that my landlord can sell the property. We have 3 years left on our lease.

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

Depends on what your lease says. You can certainly require that anyone entering the home has to be masked. If you want more restrictions, you have to get a court order. Best if you retain a tenant's rights attorney in your area.

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord illegaley locked me out

live in cal and my landlord illegeauley went into my home let someone search my home and changed my lockes been trying to find assistance since oct 16 this all took place while I was gone on a Dr visits out of town came home to a snake in my kitchen floor was behind on rent yes since pandemic hit... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2020

The first thing you must do is recover your property from the premises before the LL destroys it. I would not trust the LL to put your property into storage. Start this by sending a letter saying you want your property returned to you. If the LL fails to comply, take it to the police. Next, you... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is it legal for my landlord to serve me a lease violation notice through e-mail?

I received an email from my landlord saying I had 14 days to cure, and that on day 14 they would be doing an inspection. Is this legal? Or do they have to give it to me in person? They cited Covid as the reason for email instead of in person.

Gregory L Abbott
Gregory L Abbott
answered on Dec 2, 2020

Covid does not change a landlord's obligations - serving solely by email (or text for that matter) is not a lawful way to serve a 30 day for cause termination notice and any attempt to enforce the Notice is likely to fail in court. As to whether it also is a valid method of notifying you of... View More

3 Answers | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: What can I do if tenant does not comply with 3 day notice to remove dog from property?

My tenants dog bit me and we gave them a three day notice to remove dog. However these tenants are very difficult and tend to do things as they please. I live in Los Angeles and its in rent control. On the rental agreement it stated no pets but they got it during the pandemic cause our governor... View More

William John Light
William John Light
answered on Dec 1, 2020

You can also make a claim for personal injuries against them if you needed any medical attention.  Whether that is worthwhile depends on whether they have renter's insurance.  You can also initiate eviction proceedings although I am not sure what the status of such proceedings is now.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenants lease expired in July 2020. They haven’t paid the last 3 months. What are my options to remove them?

We both agreed that the tenants would pay on a monthly basis. The tenants have not paid a dime of rent for the past 3 months and refuse to pay now because they say they are protected from the covid 19 relief. What can I do? I am sick of being a landlord and really just want to sell the house. Can I... View More

Victor M. Feraru
Victor M. Feraru
answered on Dec 1, 2020

Your tenants may be protected by COVID 19 protections now, but that doesn't stop you from taking the proper steps to begin the removal process and get them financially on the hook and yourself in line to get them evicted. I would strongly urge you to evict them first and sell after. Selling... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I rent an apt. Out only on a week to week. I have someone that refuses to leave after being asked to by owner and mgr.

Has been served with 72-hour notice notice of trespass the police called on him and still refuses to leave utilities included in rent hasn't paid rent for three weeks can I shut off utilities. Complains there is mold so the owner wishes to shut down the apartment until proper repairs can be... View More

Gregory L Abbott
Gregory L Abbott
answered on Nov 20, 2020

Tread VERY carefully or you may well end up owing the tenant damages. A 72 hour notice is for failure to pay rent and currently is unlawful to issue - even technically criminal to do so. You may NOT shut off utilities or take any other action to "encourage" a tenant to move and mold... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: landlord is selling the house I live in she is trying to let people come in our house to look around we are in Buffalo

New York and are in closing for COVID-19

We have told her no but now her realtor is saying he’s coming in anyway what can I do

And my landlord lives in Germany

Victor M. Feraru
Victor M. Feraru
answered on Nov 20, 2020

So you can definitely hold out and negotiate with the landlord to be bought out. My office deals with these kinds of matters all the time. The landlords will have to evict you if they want you out without buying you out. Consult an attorney!

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord remove the refrigerator, stove and microwave from my house after I have lived there for 5 months?

I am behind on my rent for November due to Covid and I think he is doing it to retaliate. I live in Portland in Multnomah County.

Gregory L Abbott
Gregory L Abbott
answered on Nov 19, 2020

A landlord has no obligation to provide any appliances. However, if they do provide any, it is their duty to maintain and repair those appliances since they were part of what you're paying rent for. If he refuses to replace them, you likely have claims against him. If your dwelling is within... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord in FL charge late fees during covid 19 pandemic? If not when is no late fee period?
Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2020

Yes, a landlord can charge late fees. Covid restrictions on the landlord do not prevent late fees; you are expected to pay your rent on time.

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