Questions tagged [landlord]
For questions about a landlord's duties and responsibilities, within the capacity of a tenant-landlord relationship.
366
questions
3
votes
1
answer
75
views
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 ...
1
vote
1
answer
100
views
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 ...
2
votes
1
answer
51
views
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....
1
vote
1
answer
84
views
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 ...
1
vote
0
answers
101
views
Landlord decided to do work after informing me the room was not supposed to be rent
My landlord informed me that my room cannot be let anymore because it is too small and he might get a fine from Barnet Council. He also told me to either move out or let him in to do building work in ...
- 507
0
votes
0
answers
54
views
What is the landlords recourse for a tenant that doesn't leave after an expired notice to quit?
For most more common scenarios, there are clearer prescribed judicial procedures with defined fees etc. A solicitor advised me today that an expired notice to quit may be dealt with as a section 8 ...
2
votes
1
answer
123
views
Is there any lawful reason for a prospective landlord in Scotland to inquire of a potential tenant's nationality?
There's not more to this question than is in the title, unfortunately. As there is currently no right to rent procedure outside of England and Wales, does such a question but reek of unlawful landlord ...
1
vote
1
answer
131
views
What is a landlords obligation and method of informing local authorities of a new tenant's occupancy?
What is the channel or method by which landlords communicate of a new tenants residence in a property to a council? And are they required to do this?
Bonus points for the same thing but about ...
0
votes
1
answer
189
views
Commercial Landlord blocking tenant from painting the walls
Posting for a friend...
There is a commercial property with a restaurant "we" lease. "We" have a vague 1-page commercial lease (no really!). There is a "no modification to ...
- 437
2
votes
1
answer
288
views
Does the concept of a lodger or anything similar exist in US or Florida law?
In some jurisdictions one who rents a room in a landlord's own residence is considered less than a tenant and doesn't receive the same protections against illegal eviction, etc.
It seems that this ...
0
votes
1
answer
57
views
What are the process and notice periods for no fault evictions in FL, and does it matter whether one is renting only a room in the landlords house?
Suppose Alice rents a room from Bob in Bob's house where he lives, and they sign a tenancy contract.
Suppose after some time, Bob wants Alice out. How can he go about achieving this, and how much ...
2
votes
2
answers
85
views
When would proposed provisions of cancelling no fault evictions possibly come into effect?
See the following article which refers to a white paper.
https://www.bbc.co.uk/news/uk-61817249
Landlords are to be prevented from evicting tenants in England without giving a reason, under proposals ...
1
vote
0
answers
53
views
What constitutes "accepting" rent payments to effectively resurrect a terminated AST?
If a landlord does not qualify that rent payments received are being accepted as mesne profits then they have resurrected the tenancy.
But these days most rent payments are performed by faster ...
6
votes
1
answer
2k
views
Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?
Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order ...
1
vote
1
answer
50
views
"Settling" out of court rather than pressing for possession hearings in an assured statutory periodic tenancy
Alice rents a house to Bob under an assured Shorthold Tenancy and the fixed term expires. Alice now wants Bob out, so she must serve him a s21 notice of two months Bob has an option to not leave ...
0
votes
1
answer
116
views
Landlord charging fee for pets we don't have
We are moving out of an apartment in Cheney Washington and our landlord is charging us a fee for having pets, but we have never had a pet of any kind in the apartment. Is that legal?
- 1
1
vote
2
answers
61
views
Where in statute are the grounds of section 8 eviction notices spelled out?
I'd like to find the original statutory source for all of the respective parameters of different section 8 eviction grounds, for assured shorthold tenancies in England & Wales.
I read section 8 of ...
7
votes
1
answer
2k
views
In "he said"/ "she said" discrepancies, how must a landlord prove timely valid service of eviction notices?
Suppose Larry the landlord applied to court for possession order and presents a back dated copy of section 21 notice from 65 days ago.
The court serves notice of hearing to the property and tenant ...
1
vote
0
answers
38
views
Is landlord entitled to show residential rental property to prospective buyers?
Alice rents a house from Bob and she lives there. Bob wishes to sell the house and gets serial interested prospective buyers, none of whose offers he wishes to accept. As a result he basically ...
1
vote
2
answers
381
views
Can I legally take liability from a previous tenant? What are the limitations of this?
I have a question regarding tenancy laws in the UK.
I took over the tenancy for the place that my dad was living in as I needed somewhere to go in an emergency. I didn't have a deposit so my dad told ...
- 111
2
votes
3
answers
189
views
landlord refusing to fix incorrect electric wiring
I live in a house in Michigan that was turned into 6 apartments. My apartment is the main door on the main floor. it has recently come to my attention that the hallways and part of the house that is ...
- 21
1
vote
1
answer
279
views
Lease signed but not returned, is it binding?
I have had annual lease renewed for over several years. This year I was sent a lease agreement that I signed. The agreement had two copies. I sent back both copies. I did not receive/do not have the ...
- 1,473
0
votes
1
answer
58
views
Expired Rental Lease & Addendum Determination
A Landlord had a tenant in her Florida condo with a lease expiring on 2/28/22. The Landlord was 88 and in her final stage of life. Death occured on 3/17/22. Landlord was not able or willing to sign ...
- 1
2
votes
2
answers
366
views
How many days do you have to live somewhere in Texas before you have residency in a home?
A woman has to move in with her parents because she fears becoming homeless while her husband is on probation for a felony DWI. Over 4 years of probation while living there the parents become ...
- 71
2
votes
1
answer
89
views
Is it possible for a lone claimant to obtain an RRO under HAPA 2016 for being let an unlicensed HMO without the involvement of other housemates?
A friend has been in touch with an advice service who have said that it isn’t recommended to apply to court for a Housing-and-Planning-Act-2016 Rent Repayment Order for living in an unlicensed Home-in-...
- 835
1
vote
1
answer
453
views
Can I sue my landlord if my landlord lied about which tenant they caught smoking?
Long story short, I’ve been fighting with my landlord because my neighbor has been smoking all day and in all hours of the night (2-6 am). We share ventilation so when they smoke all their smoke comes ...
- 11
1
vote
0
answers
77
views
Landlord charges (UK)
Our landlord entered our property illegally without permission to start repair work whilst we still had 2 weeks left on our tenancy agreement.
They want to charge us for this work even though they had ...
- 11
1
vote
3
answers
128
views
US-Texas: Landlord having to pay for troubleshooting of home issues when no issue is found
I have a rental property in Austin, TX that I have rented out to a single tenant.
My tenant frequently reaches out to me with various requests, worried something is wrong with the home that can affect ...
- 121
2
votes
0
answers
38
views
Are civil remedies for landlord misconduct mutually exclusive?
Following illegal eviction there may be civil damages under the Protection from Eviction Act 1977, but there may also be Rent Repayment Orders under the Housing and Planning Act 2016.
These are two ...
- 835
6
votes
1
answer
1k
views
How long is it legal for a landlord to leave tenants without heating?
If a UK tenant has no heating or hot water due to fault with the boiler or otherwise, I understand that the landlord is liable to repair this under the Landlord and Tenant Act (1985). I've read from ...
- 213
2
votes
1
answer
456
views
If land I own sinks into the ocean, do I own the corresponding part of the ocean?
Let's say I buy a plot of land by the ocean, but then due to sea level rising a section of my land is now below sea level. Do I now own the corresponding part of the sea?
This question seems to say ...
- 2,407
2
votes
1
answer
141
views
Housing benefit and tenant in prison
Presume that Alice rents out property in the UK, and the tenant Bob claims housing benefit, which gets paid directly to Alice's bank account by the government.
Now Bob has recently been sentenced to 2 ...
- 133
1
vote
1
answer
45
views
What is the adjudication process for resolution when a paid tenancy deposit has not been properly protected?
I gather that deposits must be duly protected in approved schemes within thirty days of receipt. If not there are penalties such as an obligation to return up to 3 times the deposit amount. However ...
- 835
2
votes
2
answers
79
views
Suppose a lease begins on last week of February, how are the days of February calculated pro-rata?
Suppose a lease begins on February 26th, and the monthly rent is £10000. There would be 3 days of February included, but how would the rent payments for these days be calculated? February only has 28 ...
- 21
3
votes
1
answer
161
views
Is it ever legally permitted for a landlord to withold/seize a tenant's posessions in exchange for owed rent arrears?
From everything I've seen online, it seems not, but I've heard a few credible individuals claim that they are allowed to do that. I think there must be some kernel of truth in it, or I wouldn't have ...
- 31
6
votes
2
answers
518
views
Must I allow access to every one of my landlord's representatives
I live in a flat that I rent. I understand that I must provide my landlord and their representatives access to the flat for things like maintenance (after proper notice from them when not in an ...
- 163
1
vote
1
answer
67
views
What is the rationale/basis for right to rent checks only being required of landlords in England, and not Wales, Scotland or NI?
Landlords in Scotland, Wales and Northern Ireland aren’t required by the Immigration Act 2016 to check prospective tenants’ rights to rent as section 42 is still "prospective legislation" ...
- 13
1
vote
1
answer
77
views
higher priority: contract or law
In my country there is a 3 month time length given by law, that applies when either one of tenant or landlord interrupts the contract about renting an appartment, between the announcement and the ...
- 13
1
vote
2
answers
126
views
Water payment dispute
Basically I finished up my rental contract in Finland and my landlord told me the water consumption was very high and that I need to pay an extraordinary payment of over €1500 for the course of a year....
- 11
3
votes
1
answer
173
views
Who is liable for repairs upon death of landlord?
My father passed away recently and he was the landlord of a commercial property. I am his only son and will inherit the property.
However he did not leave a will and I have to apply for letters of ...
- 131
1
vote
2
answers
87
views
Natural disasters and rental units
I am familiar with rental units needing to be habitable; maintained in good condition by landlord.
What happens if act of nature causes rental unit to become uninhabitable?
Tree falls on complex and ...
- 1,473
1
vote
1
answer
131
views
Are my parents liable if they purchase land and allow the old owner to remain as a tenant?
My parents are farmers and recently bought some pasture land in South Dakota. The previous owner, who we'll call Bob, is an aging gentleman who has lived there all his life in a small, now dilapidated ...
- 11
0
votes
1
answer
73
views
Can I expect a confirmation after returning the security deposit?
I live in Austria and own an apartment in a German city and this question is about tenants who moved out of this apartment. I recently transferred them the deposit minus some repair costs and asked ...
- 101
3
votes
1
answer
121
views
Can a landlord ask tenants if s/he can stop paying for an unused, not in lease, security system?
Not sure if this is more of an etiquette or a legal question but...
Suppose that a landlord advertised a rental property in 2020 and mentioned in the ads that it was secured by an ADT security system. ...
- 267
2
votes
2
answers
311
views
Kansas - Can an apartment charge me a pet deposit/fee despite specifying in the lease that no deposit or fee would be necessary?
this is in Kansas. Suppose that a tenant T signed a one year lease for an apartment that allows pets under the condition that a deposit/fee would be charged, but the person who put together the lease ...
- 21
-2
votes
1
answer
124
views
Could there be legal action against me for non-payment of rent with no written contract? [closed]
I have occupied a room in freehold from a family for about 2 years now. There was never a lease.
For the past 10 months I have not been living there (but at my girlfriend's place), I go there once a ...
- 159
3
votes
1
answer
155
views
Legal recourse for harassment from juveniles at my apartment complex?
I have been dealing with a slowly escalating situation at my apartment building. A group (6-10) of juveniles (10 years - 16 years old?) have been causing issues. Here are a few:
Entering a small ...
- 131
3
votes
1
answer
227
views
If you buy an apartment that has a rent controlled or rent stabilized tenant in it can you evict them to move in?
Suppose I buy an apartment which has a rent controlled or rent stabilized tenant but I want to use the apartment as a primary residence in NYC. Do I have the right to evict the tenant and move in?
- 135
0
votes
0
answers
58
views
Security Deposit Return
My landlord has not returned our deposit and the D.C. legal window to do so has expired. Upon reviewing my lease it says that the tenant must provide an address to return the deposit before the ...
1
vote
0
answers
47
views
Oregon landlord consigning fees to a collection agency / attorney
A question regarding a Oregon landlord consigning fees to a collection agency / attorney.
ORS 90.100 (15) defines a fee as “a nonrefundable payment of money”.
Oregon revised Statute (ORS) 90.302 (1) ...
- 121