Landlord shopping centre.The lease states the tenant is liable for charges for property management that the landlord incurs.Landlord appoints family company to manage.Tenant still liable?
No, a former landlord can't charge the tenants to change the lockson the property. All sorts of situations can happen betweenlandlords and tenants when it comes to changing locks. Whetherlandlords change the locks or tenant changes them, both need toknow what otherone can and cannot do. So all should know evrythingbefore going to buy a property. I have some idea regarding LasVegas Eviction Services of RocketEviction, which offers quick,efficient Nevada eviction services for apartment complex owners,high-rise condominium owners and other multi-family rentals inClark County, Nevada.
Answer . This is a really general question.... It first assumes that: There is in fact a breach of the lease, the proximate cause of the breach is the Lessee's fault, and that damage occurred to the Lessor as a result of it.. The answer may well be affected by local laws, precedent, and the terms of the Lease itself. For such things as nonpayment of rent, for example, a Lease may give the Lessee thirty days to repay before the Lease is in material breach, and specify that Lessee is still responsible for payment for all charges accrued until Lessor gives notice of breach.. But the generic answer is, "within a reasonable amount of time," and "reasonable" would be defined by the Court of jurisdiction. Five years after Lessee has walked out the door - probably too long. A year... questionable but supportable. Six months? You're probably OK.. Also, are you talking a small claims action, where you'd represent yourself? Or are you talking about hiring a lawyer?. Either way, though, this is a question that really should be answered by a competent lawyer in your jurisdiction. You should be able to find an attorney who'd give you an opinion at little (or more likely zero) charge.
It is only legal for a landlord to break his lease and evict histenant under certain conditions. The landlord must file an evictionnotice through the courts.
If your landlord lost your signed lease and that was the only copy are you liable to stay in that apartment?
The landlord must give you a copy of your lease within 30 days.There is usually a paper you both sign saying you received it. Ifit is lost you are not liable to stay in the apartment. On theother hand, this also means the landlord can evict you or raiseyour rent on you without warning because of no properdocumentation.
Is a tenant liable for property damage if the landlord left an item in this case a bed frame on the property which the tenant started to use without permission and then broke?
Any item that was present at the time of rental or lease signing, if damaged, is to be repaired to the best ability of the tenant, or if repair is not possible, then the landlord is entitled to collect damages. Before the lease was signed, there should have been a "walk through" with the landlord or their appointed agent, and this item should have been removed from the property before the tenant took possession.
Your question is not clear, is the landlord baggering you for therent or is it in regards to something else? Is the rent late? Yourrent is due every month (or week), regardless of landlord behavior.But the landlord cannot harass tenants, regardless of reason. Theycan evict for non-payment, following the procedures dictated by thelaws in your state. That said, if the landlord is abusive they canbe taken to a standard civil court.
Yes. Officially there is a verbal contract which in some states isn't a legal form of contract but if he is ok dealing with receiving a monthly payment with out having a signed lease agreement it is possible.. If
No. A lease is a legally binding contract that runs with a property, regardless of who owns the property. Unless there was a provision in the lease that specifically gave the landlord the right to break the lease upon sale of the property, you can compel the landlord and the new owner of the property to honor your lease. If you find that either the previous or new owner of the property is refusing to honor your lease, contact a landlord-tenant law attorney. A listing is available in your local phone book.
If an outside pipe froze causing water to leak inside my storage room is my landlord liable for property damage in Minneapolis?
In a word.... YES...... Your landlord has a duty to not cause damage to the property of others
What is to be included, and how it is to be calculated (especially where an allocation between a bill covering more than one tennant), should be part of the CAM agreement. (If on square footage of space vs all square footage in building, or vs only the square footage rented in building, measured from inner walls or outer walls, a fixed percentage, based on receipts, or whatever....absolutely specified). Taxes, insurance, maintaince (cleaning/repair/parking lot), common area utilities, management fees, advertising and basically all costs of the proerty and advancing the businesses there, that the owner/manager incurs are commonly in the CAM charges. An advantage of paying taxes through it is, generally, that it then means the individual store is legally allowed to challenge the assemsnt with the tax district. (Which the landlord, having the cost as a pass through, may not otherwise be real concerned about doing...and because of the political advantages of paying more tax, appraisal considerations, etc., may actually be happier having higher).
It depends on why it fell off. . If it was due to old age, a leaking roof or faulty workmanship, the landlord fixes it. . If it fell down because of something that you, your family or your guests did, the landlord still fixes it, but you pay for it. The common reasons are . deliberate damage (aka vandalism). . fixing something heavy to the ceiling, which pulls it down. . allowing water to leak onto a floor upstairs. This could be leaving the bath running. It could also be getting a blocked toilet, then repeatedly flushing it, rather than plunging it until the blockage clears.
Yes, if the new landlord wants the tenant out for a good reason, such as because he wants to move into the property.
Yes, the new landlord can terminate the lease. But he must give proper notice of doing so. In Florida this is at least 30 days before the next rent is due.
Well, it depends on what you mean by EVICT. To evict somebody means to take him to court for repossession of the property.. A landlord can choose not to renew a lease. If he elects that option then you must move before the end of the lease or face eviction. If you don't move you can be charged, in many states, double your rent as what is called a Holdover Tenant. You can then be evicted for non-payment of that amount.. But a landlord cannot take you to court just because the lease has ended and it's time for you to go: all he has to do is give you at least 30 (perhaps longer) days to let you know he's not going to renew. If he doesn't give you that notice, and the lease is automatically renewed each term, then you more than likely can stay.
Not automatically. Oftentimes the new landlord can keep a tenant or opt to ask him to move out.
If there is reasonable cause that the tenants did damage to the paint some how. Like if they marked all over the wall and anything else. But usually this is taken for the down payment to get into the place.
Are you saying that you paid the rent and then the landlord lost the payment?. You would have to determine at which point the rent was lost. For instance, if the check never arrived in the mail and was not cashed, then it wasn't the fault of the landlord. If it is a personal check, then payment could be stopped and the check replaced, without a problem.
Just give them 30 days of notice before the next rent is due to move out.
Only if he lawfully evicted you. If the landlord took the tenant to court and obtained a writ of ejectment (or writ of possession), then he must wait the time specified, then have a sheriff deputy or constable conduct the eviction before he can change the locks.
Yes. But, you used the word 'tenant'. If some kind of tenancy has been established, then the landlord cannot lock the tenant out. Signing a lease is not the only way to establish a tenancy. Simply accepting rent money makes the payer a tenant, if it is clearly in exchange for use of the premises. . So, if he is a tenant, no. If he is merely an 'occupant', or guest of the tenant, probably.
Is it legal for property management to sign a tenant lease agreement as the landlord or landowner without the landowners permission or knowledge?
If there is no agreement between the landowner and the property manager that gives the property manager authority to sign in the name of the landowner, and no request for permission to do so, then the act of the property manager executing a lease agreement with a tenant might not be legal.
A lease is a contract and if any clause in the contract is broken then either of the party can nullify it .The landlord in terms of the lease contract must sent one month notice(mentioned in the lease contract) and get the premises vacated to be free from the contract.If the tenant refuses to do so it becomes a legal matter and the court has to be approached to get the premises vacated.
Is a landlord exempt from giving 30-days notice stated in the lease agreement to a tenant if the property is about to be sold at foreclosure?
No. If the property is about to be foreclosed, the landlord has no obligation to give the tenant any notice of anything. After the foreclosure, the landlord will have nothing to do with the tenant.
No you never ever sign anything that says you have received something when you have not.
Does a landlord have to tell you the state of property meaning if it going into foreclosure at the time of signing the lease?
No. Who knows if the foreclosure will actually happen? Besides, the federal Protection of Tenants in Foreclosure Act give the tenants at least 90 days to get out, after the foreclosure sale.
To my knowledge, there is no law in place that states you cannot rent to felons. A landlord can rent to whomever they please, as long as its not discrimination. I dont think having a felony would fall under that catagory, just gender, race or religion are the main catagories of discrimination. Now, if they put on their rental application a question asking if you are a felon and you responded no, and you actually are, they could break the lease based on that lie. Otherwise, they are free and clear to rent to felons.
Ask the landlord if you can get pet because a neighbor got pets, and hold a good argument.
That depends on the laws of the state the property is in. In Massachusetts, the natural termination of the lease is notice to leave, and the landlord can have a Summons & Complaint served the next day (in fact, if they have reason to believe that the tenant will not be leaving, they can have it served in the last 30 days). You need to check the procedures for eviction in your state.
A lease is a binding contract. You could likely sue for "breach of contract", but there is probably a cancellation clause. I suggest you seek out an agency called "Legal Aid". Most cities have them. They are typically low-cost or free. If you can't find them in the phone book, then call your local Human Services (welfare) office-they should be able to direct you to them. Ask for "Legal Aid". I know that some cities have specific tenant's rights legal aid agencies, as well. If you call Human Services, you might want to specify that you need "tenant's rights assistance". At the very least, I'm sure you're entitled to a refund of all of your deposits. Good luck!
It's a little scuzzy, but not harmful. Some mildew in a shower for example is to be expected sometime.
Depending on the pass-through sections of your lease, the landlordmay be able to charge you a management fee. Each lease isindividual. If you'd like more information about your specificcase, drop a direct message with your contact information ontwitter @nnnleaseaudit or nnnleaseaudit.blogspot.
Can a landlord keep a tenants securtity deposit even if the tenant never signed a lease and never moved into the property?
Was the lease supposed to be a month-to-month lease or for a year or longer?
If there is a reason, yes. But, the landlord needs to make service of the notice to quit on the tenant in prison.
Yes. A lease is a contract and to make it enforceable by either party both must sign.
Yes. There are many causes for lawsuits apart from the lease, especially property damage, unpaid rent and unpaid utilities.
Depends on why the accident happened and where. If the owner created a risk, then the landlord would be liable. If the tenant created the risk or failed to notify the owner of the risk, then the tenant may be liable, unless the accident happened outside of the area rented to the tenant (e.g., a common hallway in an apartment building would be the responsibility of the owner).
Generally if there's no contract or lease, then the relationship is subject to standard Landlord-Tenancy laws in your state.
How much notice does a landlord need to give a tenant when the landlord does not wish to renew the lease?
That depends on the lease agreement. It should specify the notice requirements. A 30 day notice is typically considered the minimum, but the agreement may state otherwise.
Yes. An apartment must be habitable. You would likely only win the cost of relocating to a new apartment. Contact the local board of health. Take pictures of the mold and give the landlord a chance to clean it up. It is law that the building has to clean out all mold in living areas..
I don't know what the legal requirement might be but here is a practical guide. The landlord should keep it beyond the statute of limitations for any possible law suit. These limitations are commonly 1, 2 or maybe 5 years. So it would be prudent to keep them 5 years. The best thing to do is scan them in and save them in email. Get an email account and mail it to yourself. Each lease won't be more than a few megabytes so you won't run out of space. Then you have them pretty much forever.
The landlord has control over what type of use a tenant can have in the building before signing the lease. The landlord/owner has to maximize revenue and limit risks as much as possible. For example if the building is mostly boutique shops and restaurant's you would not want an auto-body shop in the building. This would not be a good tenant mix. It would be too noisy, the odors will be in the building, there is an issue of hazardous waste from used oil and the list goes on. Not to mention that the consumers will not like coming to a place in this environment, and a host of EPA issues regarding the hazardous waste. I know this is an extreme example but good tenant mix in a building is essential for the landlord/owner to make money and for the tenant to succeed in his/her business. Its is somewhat like a partnership. So the landlord will restrict what type of use or business the tenant is allowed to have in the landlord/owners building.
This depends on the laws of the state where the property is located. In Massachusetts, for instance, the tenant could be evicted with a 48-hour notice, if the landlord has a police report stating that the police found an illegal firearm in the unit.
The natural demise of the lease is grounds for eviction. The process varies by state.
Only if the tenant damaged the carpet - not if it was "normal wear and tear."
Normally, the landlord does not charge for water. In most states it is illegal for landlords to charge their tenants separate utilities. However, the landlord can have utilities in its own name, the bills of which can be passed over to the tenant for payment. Also the tenant is not allowed to charge for water and sewer to tenant of multi family attached units (such as apartments).
Normally, when the period of a residential lease expires, it goes automatically to month-to-month. The terms don't change. By that, I mean if you're paying to rent a whole property, you get the whole property. If the landlord wants to take part back, make your objections quickly or else it will appear you've agreed - "renegotiated".
No. At best, an email is comparable to correspondence sent in writing. I don't know if the courts recognize emails as comparable to a letter sent by mail. Regardless, a lease is a contract and one party cannot unilaterally alter that contract. They can send a notice or perhaps cancel the lease (or try to) but they can't simply change the lease unilaterally. Either consult legal advise or treat it as a letter received in the mail.
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
No, although the landlord does have an obligation to try to rent the place to somebody else (mitigate his loss). The tenant should get somebody to remove his stuff and put it in storage, and return the key to the landlord with a letter saying that he surrenders possession.
Should a landlord have tenant sign a waiver stating landlord is not responsible for any injuries in cured from swing-set tenant adds to property?
That would be a good idea. This is also something that should be addressed in the lease.