Questions tagged [tenant]
Use this for general questions about tenants. Consider using a more specific tag such as [residential-tenant], [commercial-tenant], [leasehold] or [boarder] if they are more appropriate.
289
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Why send a notice to evict if the tenant has already left?
My wife and I were living at an apartment complex in Michigan with property managers from hell. Long story short, we decided it was worth leaving the lease early. There was a lease contract buy-out ...
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What happens if an illegal substance or an item that belongs to my housemate is caught in my house?
I am 31 years old and still live with my family in Turkey. And I don't want to live with my parents anymore. I must move out of the house of my parents. My parents also approve and support my idea ...
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109
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Lodger not leaving property (UK)
I have a property that I rented out to two people in a joint and several manner in England.
One of the named tenants left and someone else took their place and paid half of the rent to my managing ...
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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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Minimum clearance for sidewalks in multi-family residential dwellings during Construction?
I am in California, and I am a tenant with a landlord that decided to build ADUs 4 feet away from my apartment entrance. That is, a 4 feet wide sidewalk is what separates my apartments from a large ...
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1
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210
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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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139
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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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13
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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
answer
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What are my rights as an apartment tenant if I have no active lease agreement, in terms of rent amount and move out procedure?
(In Tennessee, as the tag indicates)
My previous 12 month lease expired May 30th, 2023. Shortly before my lease expired, my previous landlord suddenly sold the apartment complex to another landlord, ...
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1
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Legal Considerations for Offering Rewards in Exchange for Tenant Selection in Germany [closed]
My company and I are located in Germany and we intend to distribute flyers on the street. In the flyers, we offer a reward to those who are willing to rent out their homes in exchange for us being ...
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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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96
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Florida Statute about "Deposit money or advance rent": how would one verify it is implemented by the landlord?
Fla. Stat. 83.49 states:
Whenever money is deposited or advanced by a tenant on a rental
agreement as security for performance of the rental agreement or as
advance rent for other than the next ...
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1
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94
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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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2
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289
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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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414
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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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3
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267
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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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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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1
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105
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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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56
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Why can’t claims under s214 Housing Act 2004 be issued in the small claims track?
Accordingly myriad materials online including as authoritative as Shelter, section 214 claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within ...
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68
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(NYC) What rights or responsibilities does a sub tenant have without a physical lease?
Many people, especially in expensive cities like NYC, prefer to split rent costs of an apartment/basement with other people, in a situation where one person is signed on the actual lease with the ...
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127
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May a tenant install their own smoke detector?
I live in a studio apartment that has an ionization-based smoke detector right next to the kitchen. Unfortunately, almost anything I cook triggers a false alarm.(Even turning on the oven with nothing ...
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391
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A Penny for Your Thoughts: Can You Evict a Tenant for Paying Rent in Pennies?
A friend of mine owns an apartment complex in NJ (USA) with multiple rentable units and is having difficulty with a particular tenant who insists on paying his rent in coins (pennies, nickels and ...
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96
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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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2
answers
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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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1
answer
90
views
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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90
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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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89
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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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209
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What can I do to stop a 15% to 40% apartment rent increase?
For the past 5 years a friend of mine has been living at an apartment complex in Maryland. They are approaching their 1-year lease. They were surprised to receive a letter of rent increase uploaded ...
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323
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What happens if someone checks into a hotel for a night and refuses to leave?
Bob checks into a hotel for a night (term; let's say 24 hours) for £40 (rent) and his room isn't shared with anyone else (exclusive possession). The owner of the hotel doesn't live in the same ...
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2
answers
107
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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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65
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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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2
answers
73
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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 ...
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Is it expected to engage in the pre action protocol for tribunal Rent Repayment Order claims as they are not heard in an independent court?
Do tribunals even follow the full code of judicial civil procedure in the first place?
If the answer to the titular question is "yes," then what should be done if one is less than two weeks ...
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96
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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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80
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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 ...
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1
answer
56
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What is the process and deadline whereby penalties may be sought from landlords For breaches of deposit protection obligations?
Suppose one paid a deposit and did not receive prescribed information confirming its protection within 30 days but only more than 8 months later. The landlord should be liable for 1-3x the deposit ...
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48
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Tests to determine when the Residential Tenancy Act applies. E.g. what counts as providing health care?
My friend was in a work related accident and suffered brain damage. He pays rent to live in a building that the average person would not be eligible to live in. Guests are required to check in at the ...
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1
answer
60
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What type of tenants' rights does a student renting from privately-independently owned student halls have?
Suppose a private student housing company maintains student halls for students to book into and live in, but they only accept bookings from university students, though they will accept students from ...
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1
answer
118
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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 ...
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Is there a quick and easy legal way for the safety of tenants to be guaranteed in this situation?
This takes place in California. A boarding house is shared between 4 people, which are 3 tenants who have leases, and one homeowner.
The homeowner, 75, has been diagnosed with dementia 2 years ago but ...
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What remedies exist for illegally evicted tenants in Florida?
Can one get an injunction of reinstatement? Are there criminal sanctions for the instigator of the illegal eviction? Anything else?
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75
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What conditions give rise to tenants rights?
Suppose one is allowed to remain as a house guest free of charge for more than a month and comes to use the place as one's only or primary home. Does this protect one from eviction? Or an adult child ...
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1
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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 ...
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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 ...
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2k
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Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair
Received this from a friend, and I gave my own answer though not yet fully awake nor completely confident in my answer, but I will share mine below on which I welcome all feedback/critiques as well as ...
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1
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75
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Leased an incomplete commercial building and landlord is not finishing [closed]
I leased a commercial building that was currently being built. At the time the physical structure had been completed and all that was left was connecting water and electricity to the building. In the ...
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Tenants right with a no waiver lease agreement
I signed a lease to rent the lower level of a home which has an upstairs unit as well. My lease lists me as the only tenant on my lease, for my unit. It states tenant agrees to be responsible and pay ...
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370
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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 ...
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