First, the Courts are not closed. Small Claims max is $10,000 so you want at least Limited Jurisdiction ($25k). If back rent is on top of the $20 k, you are in Unlimited j/d. The courts are open and taking new case filings, suggest you file right away and hire a PI to do a search for these... View More

Of course. The statutory moratoriums are on eviction for failure to pay rent during the pandemic - a tenant is still obligated to pay - or for no-cause terminations. There is no prohibition on raising rent as long as the minimum 90 day notice period is followed, the rent increase does not violate... View More

It depends upon the exact wording in the lease. Many leases allow the landlord the OPTION of assessing 1 1/2 months rent as a "fixed" penalty for breaking a lease early, but also allow them to go with actual damages instead. You just have to carefully read your lease. Generally... View More

First, roommates have no authority to terminate another roommates tenancy unless they are also the landlord. Currently, during Covid 19, landlords may not issue termination notices or otherwise attempt to evict with specified cause and proper For Cause notices. IF the tenant gave a termination... View More

First, you should fully document the landlord's actions - dates, times, witnesses, what was said, etc. You may well have claims against the landlord for the unlawful entries and/or the WiFi. Beyond that, no, neither text nor email messages are valid forms of issuing a termination of tenancy... View More

As long as they do not raise the rent more than the statutory cap, certainly a landlord may raise rent with 90 days prior written notice. Covid protections prohibit evicting a tenant for failure to pay rent during the pandemic; they say nothing about prohibiting rent increases.

First and foremost, in NJ, self help is not permitted. Secondly, without a Court order, no one can take nor deprive you of your property. If the Landlord will not voluntarily remove the illegal boot immediately, file a criminal complaint against the Landlord by going to your municipal police... View More

You need to fully review everything with a local landlord-tenant attorney. You are extremely limited in what you can do. You SHOULD have made getting rid of the tenant a condition of closing the sale. If you are intending to use the dwelling as your primary residence, the seller would have had... View More

No written document can be changed by one party after both have signed. Further, self-help is illegal in New Jersey. In addition, when you rented your apartment did the Landlord obtain a Certificate of Habitability from the town? Did you pay a security deposit? If so, were you provided with the... View More

Ohio law allows landlord to do showing after giving reasonable (24 hour) notice. But there isn't anything landlord can do to force you, if you refuse for health concerns. but landlord could file an eviction. Try to work it out with landlord.

Unless your lease requires him to provide AC, he is not required to fix your AC when it goes out. You have no right to fix things on your own without his written permission and then expect to be reimbursed. Same thing with the lawn. If the lease requires you to maintain the lawn, you have no reason... View More

Very sorry to hear that you are experiencing these problems. Temecula is a real hot spot so no AC is really a problem. You can fight them but you will risk getting an unlawful detainer complaint filed against you and have to defend that. If you have been there more than a year, you are entitled to... View More

When you sign a lease you are entering into a contract. The landlord is promising to rent you space for a specific use and a specific period of time. Likewise, the tenant is promising to rent a particular space for a specific use for a specified period of time. Unless there is a clause in the... View More

Yes, generally speaking a landlord can require a tenant to sign a new lease with proper notice. Many of the changes are likely possible anyway if the landlord issues them as Rules and Regulations with proper notice. Whether smoking changes is material enough to avoid being changed in a Rules and... View More

If you need to go the route of commencing legal action to remove your S.O. from your home, the process can take longer than you may find tolerable. Depending on whether the occupant is a tenant or a licensee, the required predicate notices can be as short as 10 days to as long as 90 days. Only... View More

The good news is that the law is very specific about what to do, the bad news is that it takes some time. Your obligations are set forth in the Civil Code, there is a section called "Disposition of Personal Property Remaining on Premises at Termination of Tenancy §§1980 - 1991" You... View More

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answered on Sep 15, 2020

Either could work. Generally, settling earlier rather than later is often in the parties' best interests because they reduce their overall transaction costs. The longer the dispute continues, the more the parties have to expend in furthering their interests. However, often settling early is... View More

No, no fee and no notice required. Nothing changes except who you pay your rent to (they will have to give you notice of that when the time comes). If the buyer wants to use your dwelling as their own primary residence, then the seller has to give you at least 90 days advanced notice and copies of... View More

As I understand what you are trying to say, you are living in a house owned by your roommate, and the roommate just died. Sorry for your loss. You have the same rights as any other tenant in a property whose owner dies. There will be a period of time (some short, some long) when the property is... View More

You need to be VERY careful - and likely are already exposed to a lawsuit by your tenant and are likely liable to him for statutory damages if the rental dwelling is within the City of Portland city limits. Did you include written notice of his tenant's relocation assistance rights? Did you... View More