Questions tagged [residential-lease]
Leases for residential living purposes.
208
questions
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42 views
Can I be held liable as a guarantor if I never signed the lease?
I originally applied to be a guarantor on an apartment lease. The application was approved and the tenant signed the lease and received the keys but I was never asked to sign the lease or sent one. ...
0
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0answers
13 views
What is the Seminal Legal Book on Real Estate Leases?
Friedman on Leases came up in conversation. Does any real estate lawyer have any suggestions?
Thanks!
1
vote
1answer
63 views
Legal benefit for empty security deposit letter?
I had to suddenly move out of my apartment due to a mold issue. Instead of continuing trying to fix it the property manager asked if I would like to break lease, and I gave thirty-days notice and had ...
0
votes
1answer
62 views
Landlord asking for income verification after lease is signed?
My landlord is asking for me to give additional income verification of proof but we have already signed a lease and already payed the third month of rent. Especially considering the landlord is silent ...
3
votes
3answers
1k views
Clarifying Escape Clause for Rental Agreement
I've recently moved into an apartment in LA, and I'm on the lease with two other co-tenants. For a variety of reasons, I'm planning on moving out (it's a long story), even though all three of us ...
1
vote
1answer
38 views
Is this considered a renewal or a new lease?
My lease has a provision that if you've been on the lease more than 9 months, the penalty for breaking the lease is smaller than if you've been on the lease for less than 9 months.
I signed a lease in ...
0
votes
1answer
69 views
Can I get compensation for time spent on case if I win as a defendant
I had to reimburse a housemate's security deposit, after he recently moved out of the house, as I had paid the deposit of the entire house and still living in the house. He is disputing the cleaning ...
1
vote
0answers
46 views
If I pay a disputed amount to my landlord, can I later sue in Small Claims Court?
California Small Claims/Landlord question:
My landlord has withheld my security deposit upon move out, and claims I owe additional charges for cleaning the apartment. I've disputed these and plan to ...
15
votes
3answers
6k views
What's the impact of this late fee typo?
My landlord has a late fee clause in our lease, which says that if the lessee is late with the rent, the lessor must pay a (poorly defined) late fee.
What would be the effect of this clause?
The ...
0
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2answers
79 views
If a lease provision says that a tenant has to accept revisions, how extensive can the revisions be?
This is in the state of Washington.
The lease states that
after the expiration, the lease will automatically renew for successive terms of one month each
the resident agrees to execute all revised ...
1
vote
1answer
73 views
Tenant refused to move out even I told him no more renewal lease. New York, Queens [closed]
I've rented out my apartment in Queens, New York to a family since 08/01/2019. My early intention was to allow them to continue the rental but something comes up - my inlaw was diagnosed as a cancer ...
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0answers
58 views
Can I be held responsible for objects abandoned by other tenants?
I live in the Netherlands (Amsterdam to be specific), in an apartment building with two communal spaces (a bike cellar and a currently unused room).
In the bike cellar there are many broken and ...
1
vote
1answer
37 views
Can a leasor defer signing the lease agreement until the lessee actually moves in?
I have just signed a new lease. The leasing agent says they countersign my lease after I move in. I still have a few days before I move in. Is this common/legal? Does it not expose the lessee to some ...
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0answers
59 views
Roommate/co-tenant said she would renew but lied after I sign lease - invalid lease?
So, my roommates and I planned to sign a lease renewal as co-tenants in NYC. While some of the roommates already signed it, the others changed their mind last minute. This unfortunately means the ...
0
votes
1answer
48 views
In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?
To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have ...
0
votes
1answer
56 views
Lease requires tenant to be partially responsible for repair costs
I've found a house to rent and was reviewing the lease and found a couple of clauses that give me some concern. The primary is a provision that we, the tenant, are responsible for the first $75 of any ...
0
votes
0answers
40 views
Reletting from the point of view of the new tenant (AL)
How does reletting (lease assignment) usually look like for the person who is taking over a residential lease? Should there be a reletting addendum? Should the contract include the lease agreement of ...
-2
votes
2answers
54 views
How many days of penalty are owed
I am renting my old home to a family. I am not a professional landlord - just had a hard time selling that property in that market when I moved, and found a tenant to help cover the costs of owning a ...
4
votes
1answer
146 views
Can my landlord legally not let me do my anmeldung in Germany?
I really need to do my anmeldung so I can start working and get health insurance in Germany now (during corona). I moved out of a youth hostel once it shut down and me and two others found a room for ...
0
votes
1answer
37 views
What tenant laws apply if there is a non-code compliant living situation in CA?
I'm living in an RV in El Dorado County, CA where like in many counties, it is illegal to occupy a motorhome on residential property. Of course, El Dorado County is so rural that many people do it. ...
5
votes
1answer
916 views
What happens when a subtenant becomes the landlord in California?
In a situation where someone is subleasing part of a residential property from a master tenant , but finds themselves in the position to purchase the property from the landlord.
In other words, what ...
1
vote
0answers
73 views
Can old landlord withdraw money using ACH information without my consent
My landlord uses a web client called securecafe to automate rent payments. I enrolled to auto payment using ACH.
Due to covid-19 I had to terminate my lease early and leave my apartment. My landlord ...
1
vote
1answer
86 views
Can tenants in Arizona be required to professionally clean after agreement to break lease?
For reasons described below, my landlord told me a few months ago that I could break my lease if I found a house I wanted to buy. 6 weeks later, I closed on a house, and gave him 30 days notice. ...
1
vote
1answer
119 views
How do I get out of my university apartment housing contract?
Due to COVID-19, I have decided not to return to my university in April (which was my original plan.) However, my university-approved apartment complex will not release me from my contractual ...
6
votes
1answer
2k views
Waiving my right to not be evicted in a San Francisco lease
I am seeking for a new place in San Francisco. After chatting with a home owner who liked me as a potential tenant, we disagreed on the price, and his reasoning is that since this is a unit under the ...
1
vote
1answer
78 views
Apartment lease clause where landlord can unilaterally amend lease (with 30 days' notice) without tenant's approval
While reviewing a lease (in Sunnyvale, California) for an apartment-hunting friend, I saw this clause:
New policies and rules or amendments to this document may be adopted by Owner/Agent upon ...
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0answers
59 views
Ending a lease in NYC via assignment, “reasonable” rejection
I'm considering whether I'd like to leave my apartment in NYC to move elsewhere. The NYC Tenant's Rights guide states:
Assign a Lease
To assign means that the tenant is transferring the entire ...
0
votes
1answer
39 views
Culmative vs Exclusive Rights
Fellow Lawmen,
I have come across this clause in a Lease agreement & I cannot find definitions anywhere on the internet:
“The rights of the parties under this Lease are cumulative, and shall not ...
1
vote
1answer
63 views
Will my landlord fix a leaky faucet?
I just got a lease to sign, but I am confused by some of the language.
My question in short is: what does "public mains up to the point of entry" mean?
More information:
It reads:
...
Landlord ...
0
votes
0answers
29 views
Leasing to roommates
As a Florida landlord, are there good reasons to require any roommates to be on the lease? Is there any advantage to not having them on a lease?
3
votes
1answer
128 views
Can i get tenant evicted from my property if there is no eviction clause in lease?
I have rented my newly bought property in Illinois state to a tenant a few months back. The rental transaction happened with the help of real estate agent. I have not yet met the tenants. I am not ...
0
votes
0answers
22 views
Law requiring time between billing and due date — Ohio Tenancy
I was wondering if there was any legal requirement for landlords in Ohio to provide some minimum number of days between date of billing and required due date of payment.
This question arose because I ...
0
votes
1answer
79 views
Rental agreement - Ending the tenancy clause
I live in Vancouver and rented a room in a shared house from the person who has the lease. I did not have to deal with the house owner ever.
The person who has the lease pulled up this agreement ...
2
votes
1answer
101 views
Can a landlord charge me for one day of unpaid utilities after my lease has expired?
My lease expired several months ago and I just received a bill via email from my old apartment complex for unpaid utility charges. Apparently my gas company started billing me for service the day ...
0
votes
1answer
43 views
Can attorney fee clause be used without saying prevailing party will be reimbursed the cost?
Can attorney fee clause be used without specifying it is for prevailing party only?
I see it is common, but without saying it is only for prevailing party does it mean my Landlord can sue me for any ...
5
votes
2answers
648 views
paying debt collector's invalid rent claim, then suing landlord for money back [closed]
TLDR: terminated lease after continued upstairs noise, landlord sent debt collector, trying to decide if should pay debt collector and sue landlord for money back.
We had been renting an apartment in ...
0
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0answers
64 views
Tenant/Landlord - Not locking the front door violate tenant's right to a livable place? (California)
For Housing, between tenant and landlord in California:
Does not locking the front door on a regular basis count as a violation of the tenant's right to a livable (safe and habitable) place?
If so, ...
1
vote
1answer
87 views
Apartment mgt breaking lease before my move in
I signed a lease agreement with an apartment community last week. The start date of my lease is Nov 10,2019. I received a call from community management today telling me that the apartment we signed ...
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0answers
28 views
Is there a law restricting unit overlap when transferring apartments?
Recently while contemplating moving to a larger unit in my apartment complex I was told I was expected to move everything in a single day, and when asking for some more overlap time (a week) was told ...
4
votes
1answer
157 views
Fully Executed Lease with “typo”
We have a fully executed lease which states the landlords responsibilities. This is essentially a chart which "checks" what the landlord pays vs. what the tenant pays.
Water, sewer and electricity ...
0
votes
2answers
189 views
Absurdly high painting bill deducted from apartment security deposit
I moved out of a 2 bedroom apartment in Los Angeles under a month ago and have just received my deposit back with ~$1200 taken out for re-painting. This is for a below average size 2 bedroom apartment ...
0
votes
1answer
79 views
Checkout inspection - please clarify
I read this: "Within a reasonable time after either the
landlord or the tenant gives notice of
termination of the tenancy or before the end of
the lease term, the landlord must generally
notify the ...
0
votes
1answer
84 views
Is this considered “bad faith”?
In California, landlords cannot retain security deposits at the end of tenancy in bad faith. If a landlord provides an itemized statement of deductions but fails to disclose that it was written by a ...
1
vote
1answer
104 views
Can a landlord insist on late fee for payment mailed but not recieved
A residential tenant has an arrangement by which the tenant's bank automatically issues and mails a rent check to the landlord by US mail 3 days before the rent is due. This arrangement has been in ...
1
vote
1answer
53 views
Are standard apartment leases' hold harmless clauses legally enforceable?
I happened to be looking through a new apartment lease and saw the following clause:
HOLD HARMLESS FOR GUESTS. To the fullest extend permitted by law, Residents agree to defend, protect, indemnify, ...
0
votes
1answer
73 views
What rights do I have as a tenant of a rental property if the property is condemnable?
My boyfriend and I are currently renting a room from a friend. The friends is the only one on the lease, and the house is in very bad shape. There has been a plumbing issue for years, but instead of ...
2
votes
1answer
134 views
Protect against an wrongful violation strike at apartment
My apartment complex(GA, USA) has a 3 strike violation policy.
Today I received a strike. Very vague description, just the reason being: "disturbance".
I left work early to speak with staff in ...
0
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0answers
85 views
Damage caused by pigeons who is liable
I own a flat in the UK and I have a problem with pigeons living under the the decking of my balcony.
The balcony is within my demised property (as the leasholder), but the drainage pipe that the ...
0
votes
1answer
104 views
“As is” clause - Can I remove items not retrieved by landlord?
I recently signed a one year lease for an apartment that came almost completely furnished as it was previously a short-term rental unit. Prior to moving in the landlord stated that we could use ...
1
vote
1answer
71 views
Am I legally bound to transfer apartments if I don't like the new lease?
I am in the state of Texas and I inquired my apartment complex about transferring to a downstairs apartment.
The night before the transfer I get this new lease that is $30 more a month, plus a ...
