Your current state is Ohio
answered on Nov 17, 2020
Your location says Noncock, OH, but the question is posted in New Jersey? If you are in New Jersey the evictions courts are not really working at this time. Cases can be filed, but the sheriff's are not performing lock outs.
My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... View More 
answered on Nov 17, 2020
1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.
2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.
3. Unless... View More
my lease expired in Jan 2020 and the house is for sale. But according to the paperwork from the courts, it will go to sheriff's sale. Do I need to move? Can I be evicted? Should I still pay rent to the landlady?
answered on Nov 16, 2020
If sold at sheriff's sale, you'll have to talk to the new owner about staying. But the owner can ask you to leave, and evict you if you don't, although some tenants might be protected from eviction because of the limits on evicting some tenants because of the virus.
I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... View More
answered on Nov 15, 2020
There are two issues raised in your question.
The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may... View More
i told my landlord about BLACK MOLD and next thing we have the sheriff serving a notice to vacate
how can i stop this
answered on Nov 13, 2020
You may be looking at an unlawful, retaliatory eviction. You really need to get quick help from a Tenant's rights attorney, there are several in Orange County. You might even contact the OC Legal Aid society with this. You have to take immediate steps to get to Court on Monday to get an... View More
I was renting out a room in my condo but was stuck overseas when COVID happened. When the renter decided to leave, I asked her if there were any damages I should know of, and she said “no”. My dad had a look at the room (since I was away) and signed off so she could get her security deposit... View More
answered on Nov 13, 2020
You have a conflict with two areas of law. First, the LL's duty to provide a tenant with a security deposit, within 21 days, with an inspection and itemization of damages withheld. You did this, and a problem for you is that your "agent" -- Dad- failed to discovery the problems and... View More
Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself
answered on Nov 4, 2020
It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow... View More
ORS Statutes are contradictory. 90.392 Termination of tenancy for cause; tenant right to cure violation. “…..after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.105 to 105.168, unless the tenant cures the violation... View More
answered on Oct 27, 2020
It may seem a bit confusing but it is not in reality. When a landlord issues a 30 Day For Cause Notice, it must be in a writing (NOT email or text) containing all the required information; be lawfully served; a provide the tenant at least 14 days to "cure" the violation(s) OR at least 30... View More
Can they force the tenant to leave during the showing if it is required The tenant is 4 months into a 12 month lease
answered on Oct 23, 2020
A tenant cannot unreasonably refuse entry to a landlord who has provided at least 24 hours advanced notice of their intent to enter. However, neither can a landlord enter so frequently as to harass the tenant or to seriously interfere with their right of quiet enjoyment of their dwelling and... View More
We have always paid rent on time. He is requiring us to move because he had to sell his primary residence. He has been unemployed and cannot afford his payment. He said he has to move back in here and we must move out. We have been unable to find a new place and are looking at being homeless. Can... View More
answered on Oct 23, 2020
Yes, he can. The CDC moratorium only applies to a landlord evicting a tenant due to the tenant's failure to pay rent if the tenant can prove certain things, including that the tenant's inability to pay rent arose from COVID-19 and the tenant has attempted to obtain money to pay the rent.... View More
Can they force us out because of the sale?
answered on Oct 20, 2020
These are two totally separate issues. Yes, a landlord an sell the rental dwelling at any time but the buyer takes it with the tenants already there. The main difference is just who the tenant pays the rent to. Forcing you out because of the sale is potentially different. IF the buyer intends... View More
Also, the family had a case of coronavirus in May. They are working now. They were paying part of the rent occasionally, but the debt is more than 5,000.00.
answered on Oct 16, 2020
I see several corrections that are needed here:
1. The recent "ban on evictions" expired August 31.
2. Landlords can get rid of tenants at the end of a lease term for any reason.
3. Doing so is not called an "eviction."
4. It is called... View More
A few months ago my landlord gave me a 90 day notice via email (despite moratorium against no-cause evictions) because they wanted to put house on market. I then entered a contract to purchase the house, and only they signed. It turns-out another person is on the title. I have had some problems... View More
answered on Oct 16, 2020
No one can tell you the sale status without reviewing your escrow agreement and/or sales agreement. It would seem likely, however, that you may have breach of contract claims if the seller is unable to provide you with a clean Title to the property. You may wish to review everything with a local... View More
This was prior to September 30th 2020 and now they sent a letter threatening to send me to collections if the fee isn’t paid within 30 days. Does the current Oregon moratorium not protect me?
FYI, a check to a PO Box via check is the only way the take payment. Otherwise I’d used a... View More
answered on Oct 14, 2020
You may wish to review everything with a local landlord-tenant attorney since it appears you likely have claims against your landlord for damages. First, it is unlawful to charge, attempt to charge, or attempt to collect a late fee during the Covid pandemic in Oregon. It is illegal for a landlord... View More
My landlord has refused to do anything about an noisy heating pipe that makes extremely loud banging and hammering noises for the last 2 winters. It has severely impacted my ability to sleep and live and now with Covid-19, work. I've sent them multiple requests including a formal letter in the... View More
answered on Oct 13, 2020
"Quiet Enjoyment" is a legal term of art that probably doesn't mean what you think it does; however, you may have the right to demand the landlord correct the noise condition and even receive a partial rent abatement until the situation is corrected. If your landlord is not taking... View More
We are in the process of completing the purchase for a duplex in Los Angeles (area code 90038).
The duplex is in a rent control area and the one side of the duplex is occupied by a tenant that signed to lease the property until 2021 for $800 below market value.
We were intending for... View More
answered on Oct 9, 2020
Here is the updated version. While the current moratorium rules are in place you cannot evict a tenant based upon the information that you have given. The rules change fairly often but they have been giving tenants more rights - not less.
Encourage them to pay rent in the meantime;... View More
We have no oral or written lease agreement with this tenant. She had an oral agreement with our mother who passed away and this agreement expired in august and she just stopped paying rent. We live out of town and would like the unit vacant and off rental market. We may use unit for our personal... View More
answered on Oct 7, 2020
First you have to review the COVID moratoriums on Evictions for the area in which the property resides to be sure there is no restriction on your eviction of this tenant. Then you should consult an eviction attorney in your area to be sure you did not miss something. Next, you might serve both a... View More
Thanks Gregory, I appreciate the response!
answered on Oct 6, 2020
You may wish to immediately consult a local landlord-tenant attorney. In Oregon, it is unlawful to record a telephone call if neither party to the call is aware that it is being recorded, so be very careful what you do with that recording. That said, you may well have grounds to get a FAPA... View More
Hello. I received a termination of lease by landlord in July 2020. My lease if up Nov 2020. I have been looking for an apartment for months now and I cannot find. They want three times my salary. I recently got layed off because of covid 19 pandemic but have some savings. I am not sure what to do.... View More
answered on Oct 5, 2020
There is always room for negotiations. In any event, if you don't reach an agreement before your lease terminates, the landlord can't just lock you out but will have to commence a court case. If the landlord won't give you time, the court may.
my tenant got this dog during the moratorium, breaking our lease agreement. But since we can't do much with the moratorium in place tenant has kept the dog. now the dog is a nuisance he barks all the time cant enjoy our common areas because of it. The house is in Los Angeles, Ca, and is also... View More
answered on Oct 2, 2020
You need to contact a local Real Estate attorney, there are several here that you could contact and review with them exactly what the moratorium protects. IMO it does not protect a tenant from breaking the rules of the lease from being evicted, it protects people who cannot pay the rent because... 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.
