Questions tagged [landlord]
For questions about a landlord's duties and responsibilities, within the capacity of a tenant-landlord relationship.
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Can I charge a specific house hack tenant utilities but not the other tenants?
I rent rooms out in the house I live in and own. I have month to month lease agreements with utilities included on 3 rooms.
I recently received an abnormally high electric bill, around $200 higher ...
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Besides s. 134 — where does the Residential Tenancies Act, 2006 outlaw requiring tenants to pay for repairs that are the landlord's responsibility?
Section 15 of Standard Form of Lease forbids void and unenforceable terms, like those that
• require the tenant to pay for all or part of the repairs that are the responsibility of the landlord
But ...
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Can a landlord add fees not included in lease
In October of last year, I toured an apartment complex in Oklahoma with my daughter and her friends because they wanted to live off-campus the next school year. I went with them b/c they wanted a ...
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What are the consequences of evicting a licensee without giving them “reasonable notice”?
Bob is a licensee (ie non-tenant occupier). Because he isn’t a tenant, a possession order is not legally required to evict him.
Instead, he may be peaceably evicted upon “reasonable notice.” ...
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Can renters take advantage of adverse possession under certain situations?
It's my understanding, depending on the state, a renter could take steps to procure the property through being clever* and living there a long time, while taking additional steps to gain a legal claim....
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What regulations have been made under S2 Housing Act 2004?
The Secretary of State is thereunder to make regulations prescribing categories of housing hazards. Where are these to be found?
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3
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Is there an inherent legal obligation to repay a guarantor?
So as I understand a guarantor is liable to pay rent arrears if the tenant is unable, unwilling, or just doesn't pay.
I am wondering if such an occasion arose and the landlord contacted the guarantor ...
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Multiple issues in UK rented flat after check-in. What are my rights? [closed]
I have just moved into a new flat and as soon as I entered I took a video and noticed that the flat has never been cleaned after the last tenant left. I also took a note of all the issues there were ...
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Minimum size of room in flat rental UK in an non-HMO?
I have rented a flat in London and I was wondering whether the landlord is renting it illegally due to the size of the rooms. I am aware that there is a minimum room size requirement for the HMO (...
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2
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Are there any repercussions for my landlord having us sign the wrong lease?
When we moved in to our current house our landlord said our lease would be a year to year lease. We recently found out that they are selling the building and our housing situation isn't concrete ...
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Is there a law requiring a landlord to respond to rental agencies request for information in regards to previous tenants?
I have left a rental and have been trying for over 3 months to gain housing through other rental agencies (first and second month I was still at the property). The last place I have applied for ...
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What's the notice after the fixed term agreement has expired
Property is in England. I have tenant who has given me their notice, they had a fixed term agreement that expired a few months ago they were looking to buy a house so we agreed they could just let it ...
Intern87
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Question about Whether and When a Leasing Contract is Legally Binding, and How Legal Actions Can Be Taken In The Event of Contract Breach [closed]
Background
I am a college student looking for housing, but a common problem my roommate and I have is confusion about how we are able to ensure that we won't be scammed when paying a security deposit. ...
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Judgement for Possession when Tenant Vacated the Premises?
Under what circumstances can a judge issue a judgement for possession when a tenant vacated the premises prior to trial, returned the keys to landlord and made it clear that he no longer lives at the ...
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Does protocol 1 article 1 (peaceful enjoyment) cover charging of rent for another to occupy property?
Does the right to peacefully enjoy one’s (residential/real) property [and possessions…] in the ECHR guarantee/protect the right to let it out to others for them to inhabit in exchange for rent?
In ...
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Are there any EU countries in which it is not allowed as a matter of course to own (and let out) unlimited residential properties? [closed]
Underlying this question I would like to know if there is anything in the ECHR for example that inherently proscribes a country stigmatising to any degree the ownership of properties (perhaps beyond a ...
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What happens if an international student doesn’t pay rent and then leaves the country? [closed]
Already moved out of an unhabitable apartment 4 months ago. Can’t really sue or break lease (at least I don’t think) cause I messed up. What happens if I stop paying rent?
Location: PA, USA
Okay, here’...
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Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
If a landlord enters residential premises without receiving a judgment for possession and without the presence of a Special Civil Part Officer what recourse does the tenant have USA?
Can they be ...
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Can a landlord require a functioning phone (with an installed app) to operate locks [duplicate]
I live in a 70 unit, 3 story apartment building in California. Access to the building entrance doors and individual apartments is with Schlage Smart locks.
Access has historically been granted with ...
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Is a landlord required to explain how utility is assessed
here is a hypothetical story.
A tenant is renting an apartment in San Francisco CA, and they started noticing that their utility bill keeps climbing every month. They started looking closely and ...
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Can a Tenant File a Counterclaim in Summary Eviction Proceedings?
I was reading this blog post which states:
The good news is that the courts classify the eviction process as a
“summary action,” meaning that it is about as quick a legal process as
can be. There is ...
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Why is Rakusen v Jepsen cited in that order?
Rakusen v Jepsen is a high profile Rent Repayment Order (RRO) application case, in which the Applicant’s name typically comes before that of the respondent when the case is referred to. In this one, ...
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Does a counter claim stop an eviction for non payment of rent?
In NJ (and most other states), when a landlord attempts to evict a tenant due to non payment of rent, the tenant can raise the defense that the landlord did not properly upkeep the premises and use ...
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How are damages for landlord harassment calculated?
Apparently there are various bases for establishing landlord harassment. Section 28’s method in the housing act 1988 applies where it has caused the occupier to give up occupation. But what if it hasn’...
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What kind of compensatory damages are available in a class action lawsuit (landlord/tenant)
The scenario: A landlord holding multiple rental properties/apartments has been found in a class action lawsuit to have been illegally overcharging renters for X amount of money per month each over a ...
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Is a judge required to explain his ruling?
A friend of mine was recently in Special Civil court where the Defendant submitted a 25 page motion to dismiss the case.
The judge read the motion (to himself, quietly) and announced that he does not ...
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Does the English rule apply to costs in possession claims?
In case a claimant triumphs in a possession claim, they are entitled to seek a costs order against the defendant.
But suppose that the claim is instead struck out, while the defendant triumphs, but ...
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2
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When to File a Motion to Compel Arbitration in a LT Trial?
In a landlord tenant case in NJ, should one file a Motion to compel arbitration before the case is heard or should one wait to make that argument orally in front of the judge?
If it is ideal to submit ...
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Can a Defendant Insist on Cross Examining the Plaintiff Directly in a LT Trial?
This question relates to a landlord tenant trial in NJ in which the landlord ("Plaintiff") is being represented by an attorney.
The Defendant wishes to cross examine the Plaintiff directly ...
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Is an Arbitraton Agreement Binding During a Month to Month Tennacy in NJ? [closed]
Suppose that a tenant, T, has been renting an apartment for several years in NJ. The initial term of the lease was for 1 year and then converted into a month to month tenancy after the first year.
The ...
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1
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Is an Arbitration Agreement Binding on a New Owner?
Suppose that a tenant, T, has been renting the basement of a two unit home for several years in NJ. The initial term of the lease was for 1 year and then converted into a month to month tenancy after ...
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Are there limitations to construction a landlord can do during working hours?
New York State.
If a tenant works from home, are there any limitations on construction being done on the adjacent apartments during working hours which create a very difficult working environment?
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What changes in the legal standing of trespassers after they have been in a building for more than 28 days?
What changes in the legal position between trespassing occupiers claiming squatters rights who have been in occupation for less than 28 days and those who have for more than 28 days?
How do the ...
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2
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Can my landlord change the fees agreed upon in my original lease?
My current lease has one price for pet fees. This is different (lower) than what is advertised on my rental unit's website. My landlord wants me to pay the higher price and won't agree to an addendum ...
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Does paying damages waive my right to sue?
I recently moved out of an apartment. The landlord has failed to give me a list of the actual costs mentioned here in state law which should make them liable for triple the deposit in damages. I see ...
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Apartment maintenance time limit in California
I just moved into a 2bedroom 2bath apartment in San Francisco California. Upon moving in I found out the shower in one of the bathrooms never gets hot water. I immediately connacted the landlord who ...
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What happens if lease is signed but landlord doesnt want me, do I still have to pay the realtor fee?
I live in Dumont, NJ. I'm about to sign a lease with a landlord and I also have Section 8. I haven't moved in yet; To finalize the rent payment to the landlord, there must be a HAP contract signed by ...
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Landlords rights to notified yet unpermitted access
Is this a legal/enforceable term in England? (Landlords rights to notified yet unpermitted access)
Tenant (assume residential tenan(t/cy)) agrees... "To permit the landlord or his agent or ...
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Am I responsible for paying the full rent right away before actually viewing the apartment?
I am an international student moving to the UK very soon. I just signed a contract for an apartment (APT1), which requires me to complete the entire payment (for 51 weeks).
The date I signed the ...
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Tip of my tongue... What official source states that the government would like landlords not to view tenants merely as objects to extract money from?
I was recently reading some legislative document which stated in its preface/abstract/introduction/explanatory note that it envisions an England wherein it would like landlords to take their ...
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Whence arises the idea that how to rent in England ought to be served *at the start of the tenancy*?
Gov.uk's preface to the web version of the guide states that the LL or LA should give the current copy of this guide to the tenant "when a new AST starts."
Yet the enabling provisions seem ...
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Can the landlord of an AST restrict the tenant from having house guests or even house sitters?
I suppose that the distinction between a guest and a house sitter might be that one remains while the tenant is gone while the other would stay to visit the tenant themselves.
But as an AST ...
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"Perceptive" eviction or unwitting landlord maltreatment of an unpermitted subtenant
Alice rents a property from Bob, under a lease which prohibits her from subletting sharing or reassigning it to any third parties without prior express written permission, permission which shall not ...
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By what provisions is a s21 notice invalid without service of prerequisite other materials and when we're they introduced?
By what provisions is a s21 notice invalid without service of prerequisite other materials and when we're they introduced?
Section 21 housing act 1988 provides for landlords in England to seek no ...
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What are the effective differences between an assured tenancy and an assured shorthold tenancy?
The Housing Act 1988 makes provisions for landlords to issue tenants notice - either before or during their tenancies - to declare that the tenancy is not to be an assured shorthold but rather merely ...
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In Berrisford v Mexfield [2011], what does Lord Neuberger mean by 'a fetter of uncertain duration on the right to serve a notice to quit'?
I quote Lord Neuberger in Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 52. I grok fetter in layman terms, but this legalese noun phrase is packed with too many nouns!
In ...
user42021
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Tenancies and the GDPR
If Tim the tenant and Larry the landlord enter into a tenancy, then do either of them become a data controller of the others name and address? Does the landlord as the "provider" of the ...
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What are valid means of serving statutorily required tenancy information?
A landlord can't give their tenant a valid section 21 notice if the landlord has not previously provided the tenant with written information about the deposit and the scheme, the gas safety ...
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Do automatically generated notifications from deposit protection schemes' own computer systems adequately fulfill landlords statutory obligations?
Note: please provide citations on the issue to substantiate any answers.
Under the housing act 2004 the landlord must furnish the tenant with information about their deposits protection within 30 days....
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Must a deposit be reprotected for each successive tenancy, even if both the tenant and property remain the same?
Suppose Tim the tenant signs a 1yr fixed term AST with Larry the landlord. Tim pays Larry a deposit, which he protects. At the end of the fixed term Larry and Tim elect to sign another fixed term of ...