Questions tagged [residential-lease]
Leases for residential living purposes.
266
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Who owns a co-op building if the proprietary lease expires?
I've seen multiple claims that if a co-op building lets the proprietary lease expire, then shares in the corporation become worthless (even if the corporation owns the building and land outright, ...
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1
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Rekindling the right of forfeiture in respect of old outstannding debts for unpaid service charges after waiver for the same
Alice bought a lease on a residential property but fell behind on her service charges.
She is threatened with forfeiture, her landlord already having obtained a CCJ in default in respect of the unpaid ...
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71
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Can a landlord request reimbursement from a previous tenant on repairs made months after the lease has ended? [closed]
My previous landlord has recently contacted me about reimbursing him for repair fee 4 months after the lease has ended. The repairs involve damage caused by my pets, however we were already deducted ...
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Can my landlord charge me a fee not stated in the lease? But told in text/verbally?
This is in Pennsylvania.
My landlord told me, before I signed the lease, that there is a 45 dollar laundry fee every month. Ok, fine. I go to sighn the lease, and no where in the lease does it state ...
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1
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Does forfeiture for service charge arrears result in total loss of leasehold price?
Alice purchased a leasehold of 100 years for £100 million, yet it requires her to pay £5000pa in service charges.
After 5 years Alice starts to fall behind on her service charges and eventually ...
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37
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Do debt respite moratoriums afford protection from s146 forfeiture? [closed]
Alice is a leaseholder who has fallen behind on her service charge liabilities. Can she dodge forfeiture such as under s146 LPA1925 by entering a debt respite moratorium under the breathing space ...
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71
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Currently without a lease, the lease my landlord sent me has 2 distinct errors [closed]
Can I cross things out and fix those 2 errors, and send him a signed lease with my edits, or should I wait for him to fix the errors himself. I told my landlord about the 2 errors and we're currently ...
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What law(s) require(s) Landlords to clean, or service, appliances that are working sub-standardly? How frequently?
8 years ago, Tenant commenced tenancy at a brand new condo, with brand new appliances. Tenant is responsible to clean surfaces, and the outside of appliances (like air vents), which Tenant can reach.
...
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1
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470
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Is Landlord responsible for replacing broken fridge (Door) Handle? [closed]
8 years ago, Tenant started tenancy in a residence, with a brand new fridge and door handle. But this morning, Tenant discovered the handle on the ground, broken off by itself. See picture below.
...
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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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2
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1
answer
211
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Conditions of a signed lease
I've been renting a house for about 7 years now. For the first year we had a signed lease. After that, its never been renewed. I just pay rent every month. No problems.
My question ... do the ...
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2
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170
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My lease agreement has a typo that changes the intended meaning
I'm in New York. I share this lease with a roommate who is also on the lease but is leaving a month after I am. Our lease that states "After the initial term of this Agreement, or in case of a ...
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2
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109
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Lease signed before I’m fully approved, do I have a case to get out of the lease?
I signed a lease a few months ago and someone from the apartment signed it as well. The move in day is in august. Now, they are saying that my lease is not “fully approved” and I can’t move in until ...
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1
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Landlord bait-and-switch regarding having pet
This question is based on a social media post of a presumably real situation someone I don't directly know is facing.
Suppose a landlord leases housing to a person, with a requirement in the lease to ...
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1
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121
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Can a tenant assume responsibilities for smoke detectors in Minnesota?
My interpretation is that in Minnesota, the landlord of a residence is responsible for keeping the smoke detector functioning, and that this is part of the implied warranty of habitability. I think ...
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86
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Giving flat to roommate and vacating apartment?
I rented an apartment in California whose lease ends in 12 months.
Now I got a job in another state and have to leave.
Instead of paying lease break charges, I wanted to add a new person as roommate ...
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Tenant moves out of townhouse early in Florida on 2 year lease
I'm looking for a path forward given the following residential lease terms in Florida:
Tenant signed 2 year lease and paid rent on time for 8 months.
Tenant gave 60 day notice that they would be ...
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0
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87
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Mistake in lease [closed]
There was a large error in my favor in a lease I signed and that was fully-executed. In good faith, I have agreed to sign a new lease because I know what I agreed to pay. I discovered this error in ...
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2
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118
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(Germany) Does a follow-up lease contract completely supersede the old one?
In the last three years or so I had to sign a new lease contract for the same place three times:
At the very beginning of the lease
When my girlfriend moved in
When I had to get an extension for 3 ...
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1
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62
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Can a Tenant Dispute the Validitiy of a Lease Signed by the Landlord's Spouse?
Suppose Rachel & Jared ("Tenants") enter into a lease agreement with Robert and Robert's wife, Elizabeth, signs the lease:
This lease is made on January 1, 2023 between Rachel & ...
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2
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921
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Is a residential lease signed by one's spouse valid?
Suppose a landlord and tenant enter into a lease agreement where the landlord is named in the lease agreement but the landlord's spouse signs the lease. Is such a lease enforceable in court?
For ...
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6
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2k
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Can a Lease with Missing Pages be used as Evidence in Court?
Suppose a 10 page lease agreement is signed by a landlord and tenant. After a number of years, some of the pages were misplaced but each of the parties signed the bottom of each of the 10 pages (not ...
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72
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Lock Repair Dispute - Interpretation of common areas in a lease
I have a dispute regarding the replacement of a lock on an external door in my leasehold property. (England, United Kingdom)
There are four flats in the converted period property, two maisonettes (...
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3
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219
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Contradictory terms in a contract - which would prevail?
Suppose a lease agreement that was agreed and signed by both parties specifies the following:
Rent: £1,560.00 per calendar month (annual rent equals to eighteen thousand seven hundred and twenty ...
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4
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175
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Is a mandatory fee added to paying one's lease legal?
Is it legal for a property management company to require a convenience fee for every type of payment they accept, or must they accept some form of payment that costs nothing extra? It seems to me ...
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84
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Is a landlord required to maintain residential property to a certain capable heatability?
Winter is cold. There are numerous laws about fitness for human habitation, however, does this or any others cover residential property without adequate heating equipment and/or other facilities like ...
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262
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Arbitration: Favored Way of Resolving Disputes or Equal Footing?
In a recent answer on SE @ _ohwilleke writes:
that the case law does make clear that the standard to apply the
arbitration clause is relatively modest especially where one party has
signed the ...
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1
answer
89
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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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3
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1
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What does it mean that I must "immediately reimburse Owner for the cost of any insurance policy Owner obtains for the Apartment"?
On the lease I am considering signing, it says in section 32 D:
Tenant shall immediately reimburse Owner for the cost of any insurance
policy Owner obtains for the Apartment, including but not ...
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2
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114
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NY state: a landlord is subletting an apartment but is trying to charge the renter after the move-out date
If Tenant A is trying to sublet their apartment, and the landlord finds/executes the sublease and receives payment from the new Tenant B, terminating the existing lease with Tenant A.
Is there any ...
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4
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California: Is there a grace period when signing an apartment lease?
Let's say you sign a lease and move into the apartment and the 1st or 2nd night you discover there is a dance club next door that runs loud music until 2am.
Is there any law that requires the landlord ...
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Can Landlord Require a Minimum Number of Occupants in NYC Apartment?
In New York City, is it legal for a landlord (or any other party) to require a minimum number of tenants in an apartment? I am searching (with three other people) for a four bedroom apartment, and we ...
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2
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178
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New Lease/Terms as Notice of Rent Increase, Maryland
Is landlord offering of a new lease with new terms, and also a price increase compared to the current lease, considered a written notice of rent increase when rejected by the tenant on grounds of the ...
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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 ...
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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 ...
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2
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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 ...
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65
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Legality of non-signatories of apartment contract living in that apartment
Scenarios in consideration:
I have a few different scenarios in mind.
Landlord pays utilities. Non-signatory pays tenant for their stay in the apartment.
Landlord pays utilities. Non-signatory lives ...
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71
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commision typo on an executed lease
I have this property in the Multi Listing Service (MLS). It state the cooperating commission is 5%. On the actual Lease we made a typo and placed 10% commission instead of 5% commission. The broker is ...
3
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1
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121
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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. ...
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Any cases in UK that the student is partly refunded with the student housing payments for not able to obtain a visa or other reasons like COVID?
Scenario: A student signed a contract with a Purpose-Built Student Accommodation (PBSA) in London, with the term starting Dec 2020. The student was not able to obtain the tier 4 visa on time. The ...
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155
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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 ...
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3
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192
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Misrepresentation of a lease
Is misrepresentation grounds to terminate a lease, and what is the standard for determining misrepresentation? Colorado Law preferred if possible.
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148
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Does Early Lease Termination go on Record if all debts are paid?
I am in an unfortunate situation where I may need to terminate a residential lease early. The lease has an Early Termination Clause which is about two months worth of rent + loss of security deposit, ...
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1k
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Automatic Lease Renewal Laws in Washington State
Washington state has the following law regarding the automatic renewal of a rental agreement (link here)
(1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental ...
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1
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67
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Who, or what, is the custodian mentioned in the Mobile Home Landlord and Tenant Rights Act?
According to the Illinois Mobile Home Landlord and Tenant Rights Act (765 ILCS 745/11):
Provisions of mobile home park leases. Any lease hereafter executed or currently existing between an owner and ...
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1
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227
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Is Barb entitled to the full calendar month of her rental apartment despite an out-of-sync 60 day notice?
In the Commonwealth of Pennsylvania, Barb has been living in an apartment complex in which her lease is month-to-month. The rent is not prorated based on the number of days in the month; each month, ...
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973
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Can a landlord remove an amenity that was included in original lease agreement?
I am currently renting a room in a 2 bedroom house. The landlord has stated she will be discontinuing internet service in July for the tenants. In the lease agreement, the water, electric, sewer, ...
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1
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54
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Can a Tx landlord demand payment for garage on expired lease?
My prior lease expired in February and I signed a new lease. The prior lease included a garage addendum. I was charged separately for the garage the first 2 months, then the charges stopped.
I ...
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128
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Lease Agreement Typo
A hypothetical person lives in California, USA and signed a paper lease. The landlord returned the signed lease to the tenant in 10 days. The lease contains the exact schedule for monthly rent ...
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2k
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Can my landlord require me to agree to third-party terms of service if they install a smart lock on my door during my lease?
I am in the middle of my current fixed-term lease and have always had a mechanical key-based lock on my apartment door. My landlord has announced that the doors of all apartments will shortly be ...
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