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I think you should read your lease. There is a VERY big difference between a pet deposit and a pet fee. What is the exact clause in your lease?
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Pennsylvania has codified the "statute of frauds" at 33 P.S. Sec. 1. Basically, this statute requires that all conveyances of an interest in property, must be in the form of a signed writing in order...
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Florida law does NOT require a landlord to mitigate.
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Alabama law requires a 48 hour notice.
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Simply call the local fire Marshall and/or code enforcement. Having 6 people in a one bedroom is illegal in NYC. The authorities will remove all persons not on the lease.
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Actually, Texas law does allow the landlord to seize certain personal property if back rent is due. Read up here...
Can a Texas landlord seize a tenant’s personal property for nonpayment...
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I am being sued by my former tenant. State of New York.. Long Island in particular. Herer are the facts:
1. I never received written notice to vacate... which was required in the lease.
2....
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Unless your lease states otherwise, you are legally obligated for the full duration of the lease.
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Hey "handyman"... please do not respond to posts that are over 3 years long. I'm sure the issue has been resolved. Plus.. your post give no legal advise... your just looking to chastise the poster.
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Yes. You pay by the month. Not the week, day or year. The landlord is not obligated to pro-rate your last months rent.
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How hasn't the landlord followed the law? He sent an accounting of the deposit along with a bill. OP is talking about suing for double the deposit because landlord was 1 day late sending the...
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Same law applies to MN. Deposit must be postmarked by the 21st day.
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I am assuming you live in CA. California Civil Code Section 1950.5 provides that within 21 days of a tenant vacating the property the landlord must either give the tenant the full refund of their...
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I have to ask. Why did you agree to this clause when you signed the lease... and now questioning it?? The clause is legal and enforceable. In my state, if your late just once with the rent, the...
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Also, if the judge allows you to pay in court, you will be required to also pay the late fees, court costs and any attorney fees.
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Sorry Excon, got my states mixed up. Still to early for me. Anyhow, regardless, I have researched GA law, and as far as I can see... GA has no statute that requires any type notice to enter. Even...
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Actually Michigan state law requires the landlord to give a "reasonable notice" to ENTER the property. There are no laws that forbid him from knocking on the door.
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Minnesota has no emancipation statute, but there is case law suggesting that a minor may emancipate through lawful marriage or through parental consent.
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5 people in a two bedroom may be illegal in your area. Check with your local officials on the occupancy laws.
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Just another reason for me to move out of Nassau County...
Thanks for the info Judy.
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Sure, it was "accidental" because nobody intended to set the house on fire, but you are definitely responsible for the fire. Yes the landlords insurance will cover the LL 's dwelling, but the...
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Please understand that you are NOT being evicted. Evictions require a court order. You are simply being told to vacate the premises... which is perfectly legal with proper notice.
You can't...
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From what I've seen, DC does NOT have a statute that addresses any sort of notice time a landlord must give a tenant in order to enter the property... unless such a notice is agreed upon prior to...
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I think your jumping the gun here.
What makes you think the landlord wants you to move?
The landlord has no obligation to "buy you out". He can just hold you to the full term of the lease or...
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The Abandoned Tenant Property Law (N.J.S.A. 2A:18-72)
Sometimes, when a tenant is evicted or leaves an apartment on a voluntary basis, the tenant leaves property behind in the apartment. If you...
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On a month to month tenancy in CA, you can give notice at any time... so yes, you only need to pay the prorated amount for October.
California Tenants - California Department of Consumer Affairs
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RCW 59.04.020
Tenancy from month to month — Termination.
When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a...
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Florida is THE worse state to break a lease in.
Their laws are structured to hold the tenant liable for the entire lease. This means that the landlord does NOT have to mitigate his damages by...
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With a signed lease agreement, you can sue the tenant for the full term of the lease. It's your choice.
83.595 Choice of remedies upon breach or early termination by tenant.--If the tenant...
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Does your lease state that you will provide air conditioning? If not, Florida law does not require you to supply AC.
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Your landlord is correct.
Here is the statute:
§ 232-b. Notification to terminate monthly tenancy or tenancy from
Month to month outside the city of New York. A monthly tenancy or...
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Good luck!! Keep us posted on the outcome!!
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Say you do pay May rent next week. June's rent is still due by the 16th of this month... which is in 10 days. Plus you still owe for the electric bill.
The landlord not "needing" the money is...
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You would receive papers asking for your answer in defense of the UD. This should also include a court date. Once the 5 day notice has been give and expired, the landlord does not have to accept...
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You are 100% responsible. ALL fires are accidental... unless you're a phiro. Why would you think that the landlord should bare any monetary responsibility?
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There are certain steps you must take before you decide to withhold rent.
This site should be very helpful.
Withholding Rent Due to Bad Conditions Legal Information Letter
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No. The landlord is only responsible to provide a working toilet. If you are uncomfortable with the appearance of the toilet, request that the landlord replace it. If your request is denied... ask...
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There is a very big difference in getting an eviction notice and being told to vacate. Since you state that you've been paying rent, I can only assume that you are being told to vacate. If so, and...
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Florida laws on a month to month tenancy require either party to give a 15 day notice notice to vacate.
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It really depends on a few things.
Do you have a lease?
What state do you live in?
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# 9. Turn in all keys.
Retention of your keys (including copies) is considered to be continued possession obligating you to pay rent. North Carolina law requires that you give your landlord an...
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In CA you are permitted to leave before the 60 day are up, but you must provide the landlord with a written 30 day notice to do so. Failure to provide such notice would make you liable for...
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You are a month to month tenant. He must follow the eviction procedure for your state if you refuse to leave on your own.
Do you really want an eviction on your record/credit report? Having...
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Your landlord is correct.
Here's the Florida statute:
83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:
...
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The time to question the reasonability of the clause was before you signed the lease. Indiana law does not prohibit the clause and only requires a MINIMUM of 30 days notice.
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In absence of a termination clause, the tenant is usually responsible for rent for the entire lease term or until a new tenant can be found. Most states require the landlord to mitigate his damages...
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Unless your lender agrees to the removal of the consigner... which I doubt they would, you only other option is to do a refi.
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Yes, you still need to pay rent.
Florida law allows the landlord to show the property with 12 hours notice to you.
83.53 Landlord's access to dwelling unit.--
(1) The tenant...
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