Questions tagged [residential-lease]
Leases for residential living purposes.
180
questions
0
votes
1answer
37 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
633 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
votes
0answers
57 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
77 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 ...
0
votes
0answers
27 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
109 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
143 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
67 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
80 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
75 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
48 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
63 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 ...
0
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0answers
50 views
Can I sue my landlord for failing to mark the dangers of something under construction?
The two jacuzzies in my complex are out of order and smell/look like human cesspools. The two signs that used to be on them, "out of order" are no longer there, but the jacuzzies remain in the same ...
2
votes
1answer
100 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
votes
0answers
83 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
91 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 ...
0
votes
0answers
12 views
can tenant end/prorate month to month lease for extra days needed instead paying full month?
Our annual(NY Nassau County) lease ended, & we're now considered month to month (45% increase); we need an extra 12 days to stay after the first extra month. Are we bound to pay for full extra ...
1
vote
1answer
64 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 ...
2
votes
1answer
65 views
Does the Residential Tenancies Act apply when renting a room in a multi-bedroom apartment'
I've read through the Nova Scotia Residential Tenancies Act, and my understanding is that if an individual rents a room from the Lease Holder of a multi-bedroom apartment (and the leasee is also ...
3
votes
1answer
47 views
Telecom fee that is mentioned in the lease but no mention of exact amount (U.S.)
My apartment lease says that the Internet has a telecom fee but there's no mention of how much the telecom fee is anywhere in the contract. In this case, am I obligated to pay this fee? Does it not ...
11
votes
2answers
3k views
Can a landlord force all residents to use the landlord's in-house debit card accounts?
[asking regarding state law in Ohio, U.S.A. only]
Recently I have noticed landlords issuing their residents a debit card with attached bank account. This is typically implemented without prior notice ...
0
votes
1answer
107 views
Not paying property rent due to unlivable condition
I'm living in an apartment complex in Chicago suburbs. I was paying rent continuously throughout the course of the lease. But it has been 2 months that I'm surrounded with huge number of pests, mostly ...
2
votes
1answer
59 views
Intent to Vacate apartment before 30 days, do I need to be there for 30 days?
I live in Alabama and I originally signed a one year lease and that expired and have been living month to month for the past 13 or so months. I have a job offer confirmed June 17 and want to vacate ...
1
vote
0answers
26 views
Validity of lease clause requiring specific move out times
I recently signed a lease contract for an apartment and this clause was included. How enforceable is such a clause (for context, this is in PA, USA)?
Loading Dock, access ways, stairs and/or ...
0
votes
0answers
25 views
Is there any common rider for ensuring appliance and water upkeep in an apartment building?
We are about to sign a 12-month upper-income lease with a large apartment building in Michigan.
We have seen some past reviews that worry us about maintenance issues once we move in. One was even ...
2
votes
1answer
164 views
UK leasehold house - Can I challenge a no pets clause?
I'm planning to buy a leasehold house (not a flat) in the UK. The lease has an unambiguous no pets clause. I have a dog.
The house is part of an apartment complex but has its own entrance separate ...
1
vote
0answers
25 views
What kind of contract should one have when living in home shared with lease holder?
Where I live the following setup is becoming increasingly popular:
Someone signs a lease with the homeowner. There are several bedrooms available in the home. The leaseholder has roommates live with ...
2
votes
1answer
393 views
Can Class Action Waivers actually be enforced?
I'm in Texas, about to sign a new lease. They've sent it to me to e-sign, and there's no option to submit the lease without signing/initialing something.
I'm not expecting to be part of a class ...
2
votes
1answer
121 views
I don't have a lease and my landlord is threatening to kick me out immediately
This is embarrassing and I realize I should have done things differently. I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore and has given me a few days ...
2
votes
1answer
167 views
How can I quickly make a tenant move out of a sold house?
Sold House in Germany in empty condition whitout tenants to a builder who wants to demolish and build a new house.
Handover to new owner failed because one tenant still claims to live there.
...
3
votes
1answer
72 views
Can my landlord charge me a fee that does not appear in the lease?
I was added as an occupant (not as the tenant) to the lease of an apartment in Alexandria, VA. I paid a $50 fee to management to run a credit check; all good so far.
A few months later, I moved out ...
4
votes
1answer
174 views
If an AirBnB host doesn't disclose that it's not allowed, in which countries does a landlord have direct recourse against the *guest*?
So this question stems from an article on cbc, describing how it can happen that an AirBnB host rents an apartment in a block where short term rentals are forbidden. The article states that in some ...
0
votes
0answers
78 views
Breaking a Lease because of construction
I'm renting a two bedroom apartment with a large terrace in NYC. The terrace has been rendered unusable due to maintenance on the exterior. The terrace is filled with equipment, and the door to the ...
0
votes
1answer
90 views
Wouldn't it be hard to kick someone out who never signed a lease?
Who really has more power when a lease isn’t signed and there’s no written agreement? I know a lot of cheap rentals off craigslist do this (especially in shared living accommodations). Hypothetically ...
0
votes
0answers
22 views
Termination in Residential Lease Contracts
Given a list of terms in a Florida residential lease:
No pets
No smoking
Limits of 2 cars
no subleasing
No guests exceeding 3 days w/o permission
Some of the rules are HOA requirements, others are ...
0
votes
1answer
38 views
What is the label associated with AirBNB?
How does one write no AirBNB into a rental contract that AirBNB or the like is forbidden? Is this merely a form of subleasing? Assume a venue of Florida.
1
vote
1answer
404 views
Roommate not on the lease wants to move out without giving 30 day notice
My friend, call him F1, rents an apartment month to month and is required to give 30 days notice when he wants to move out. He rents to another friend of ours who is not on their lease, call him F2.
...
1
vote
2answers
112 views
Is it legal for landlord to submit a post-dated check early then apply fees for it bouncing
I normally submit rent on the 1st of the month after I get paid. This month I wasn’t going to be in town on the 1st so I gave my check to my landlord early with explicit instructions to not submit the ...
1
vote
2answers
101 views
If lease doesn't specify termination, how long does one have to move out?
I live in a home with Joe. Joe has a lease with the home owner. I pay Joe a fixed amount of rent each month and he gave me keys when I moved in. We don't have a formal lease between us, but we do have ...
4
votes
1answer
169 views
Is it legal for an apartment complex to have me sign a lease and never discuss the fact they do quarterly inspections?
So I just moved in to an apartment complex, I have historically always rented from private persons and they usually have been houses, but I was new to the Austin, TX area and needed to get my family ...
1
vote
1answer
42 views
Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?
The Residential Tenancy Act list situations when it would naturally apply and when it would not.
From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2
What this Act does ...
0
votes
2answers
245 views
60 days Notice allowed for Month-to-Month rental in California?
Can a California landlord require 60 days notice on a month-to-month rental agreement?
1
vote
1answer
40 views
Is it legal to electronically sign a rental lease in South Australia?
is it legal to 'electronically sign' a lease / bond arrangement?
https://www.docusign.com/how-it-works/legality/global/australia states that it's not legal for "some property transactions in South ...
0
votes
1answer
150 views
Rent till death lease
I have a lease that indicates my lease lasts till I die, with the terms that all bills (RE Tax, HOAs, utilities, all repairs, including a new roof if needed, all appliances,etc,etc,) .. This was ...
1
vote
1answer
141 views
When can someone legally act on the behalf of another person?
I moved out of my rental home and the landlord has not returned my security deposit. It would appear that the landlord is trying to avoid me and have her friend (who is apparently a lawyer) do all the ...
0
votes
1answer
57 views
How to prove landlord didn't return damage deposit within required time
According to the Residential Tenancy Act a landlord must return the damage deposit within 15 days time. Isn't it easy for a landlord to not do this but pretend he had tried? For example what if the ...
4
votes
1answer
64 views
If the Residential Tenancy Act does not apply, what does?
In BC, the RTA stipulates laws regarding rental homes. However, it does not apply under certain circumstances, such as when the tenant shares the kitchen or bathroom with a home owner. My question is, ...
1
vote
1answer
199 views
If a tenant is responsible for repairs, are they liable if they do not fix something?
Hypothetical: A single person rents a home, and it is specified in their lease that as the tenant, they are responsible for repairs and maintenance.
The dishwasher breaks down. Since this person ...
1
vote
1answer
98 views
At the end of a lease, who owns the parts used in repairs?
I have found it is usually the landlord who is responsible for most repairs and this is specified in the lease (barring tenant negligence or other stated reasons why a tenant would be responsible). ...
2
votes
1answer
247 views
Property manager said my rent was 1/3rd of the usual for an extra 11 days, now says it's full amount
As many others, I'm in a leasing pickle, and would like to better know my options.
I recently rented an apartment in Seattle for a 3-month stay (Jun 1st - Aug 31st), for $1190 monthly. On July 29th, ...
