74
A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed".
See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313.
In a land contract, the buyer has ...
24
This is buying a house. If that's not what you mean to do, watch out! Even so, watch out.
Honestly, if it hadn't occurred to you until now to buy a house, this isn't for you. If this has piqued your interest in buying a house, explore doing it the normal way with bank mortgage, realtor, all that.
Land contracts are often thought of as "exploitive", ...
11
California has a particular set of regulations addressing coastal land ownership, detailed at https://www.coastal.ca.gov/laws/
In short, everything below the high-tide mark along the coast is public access. If you own coastal property, you don't own anything below that point and you cannot prevent public access, as explained in Why California's Beaches are ...
9
As you note, it does appear that this tenant has committed one or more crimes.
In Pennsylvania crimes are prosecuted by the state, and you can begin the process by filing a private criminal complaint with your local Magisterial District Court, which will forward it to your county's District Attorney for review and prosecution.
You've essentially written ...
8
Once your rental contract starts, your landlord must give you access to the rented flat. If he doesn't do so he is in breach of contract. You could sue him, but that would be a bad start for a longer term contractual agreement. It might be less time and effort to look for a new flat. And do you really want to be in a long term contract with someone who ...
8
You have acknowledged that the house was in "new" condition, which establishes a baseline for determining if the present state is normal wear and tear. The lease and California law agree that normal wear and tear is not the responsibility of the tenant. You may then need to sue the landlord in small claims court to get the remainder of the deposit (the above ...
7
Short answer: Yes, you can get out. However, this will be harder than you may want it to be.
You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the ...
7
Before you go changing locks, you might want to hire an attorney. There is law in Ohio that governs "such" relationship, which are typically landlord-tenant relationships, but might not be strictly construed the way you'd prefer. In a classic landlord-tenant relationship, it is illegal to change locks on a tenant, and if you want a tenant booted out, you ...
7
There is no "theft" without a law that defines what "property" is and what "theft" is.
Laws derive from the state that has the power to enforce them.
A state may issue the laws and decrees and stablish who owns the lands. It can later make changes to that ownership.
When the Normans invaded England, Willian I became the legal authority and with that he ...
7
The one answerable question regards the legality of taking the damages out of the security deposit. Consulting the Ohio landlord-tenant law, the tenant has various obligations including to
Dispose of all rubbish, garbage, and other waste in a clean, safe, and
sanitary manner
...
Comply with the requirements imposed on tenants by all applicable
...
6
Has this contract been translated (badly) from another language because the construction of the clause is cumbersome and confusing?
Does the contract say that I can have guests over 1 night without charge?
Without charge, yes. However "Without Landlord's prior written consent, Tenant has no excuse to accommodate ..." so you need the landlord's permission ...
6
An LLC is a legally distinct entity from your person. Basically, if your LLC is sued, and you lose, you can lose only what you put into your LLC. Your personal assets are untouched.
A very sophisticated plaintiff may try to get around this suing both your LLC and you personally. (I've done this myself.) Even so, if you are careful to keep the business of ...
6
Ownership of coastal land is controlled by the California Civil Code, which reserves land below the mean high water mark to the state:
Section 670:
[670.] Section Six Hundred and Seventy. The State is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the State; of all land below the water of a ...
5
The default rule is that a landlord can refuse to rent to anyone for any reason, in which case the landlord can refuse to rent in this case.
There are civil rights laws that limit this discretion in the case, for example, of discrimination based on race, or family status. But, those laws often have exemptions for owners of small amounts of property (e.g. a ...
5
You should have seen this coming.
This might vary a bit from place to place, however it would generally be accepted that if you are in a rented place, you have to pay rent. Most jurisdictions would have some law which requires pro-rata'd payment for the time you actually stay, there would not be any requiring the landlord let you stay free.
An ...
5
Your question seems to be about abandoned property and whether Missouri’s statute on disposing of property after a tenant abandons his/her property applies. See Mo. Rev. State. Ann. § 441.065 (“Abandonment of premises, disposition of remaining property.”)
Assuming there was no agreement (in writing or orally) for the 19 year-old to pay rent, he was most ...
5
Legally (in common-law countries like the UK and US), this is generally handled through adverse possession. Adverse possession is essentially a statute of limitations on land title; it limits how long you can look back to see if a title is valid. If you're openly using land in a manner incompatible with the true owner's use for some number of years, you ...
5
Probably not, although it is impossible to say without reading the lease.
Usually leases are monthly. That means you pay for the entire month or lease term regardless of how much or how little you use the property. It seems weird that the lease ends on the 21st, but if that is the case, then you are legally obligated to pay for that time interval.
That ...
5
A text message is just as legally binding as a letter, and the lion's share of the cases have held that a text message from a known sending phone number is equivalent to a signed letter.
One would have to carefully parse the exchange of communications to see if they amounted to a binding offer and acceptance, but the fact that it was in a text message, ...
5
Lying in itself ("of course you will get a wifi signal here") is not a crime. However, if you have proof that the lies were intended to benefit your landlord at your expense ("You won't sign the lease unless there's wifi? No problem") and that they actually did so ("You've signed the lease, it's too late to back out"), he may be guilty of fraud, which is a ...
5
Michigan law say nothing about landlord entry, so whatever it says in the lease is what is allowed. Various sources like this comment on the lack of such statutory regulations. There does not appear to be any relevant case law for Michigan which impose restrictions on a landlord's right to access a rental. Since there is no statutory or case law restriction ...
5
The relevant law in California is here. In your situation, it is presumed (as you both agree) that you have a month to month agreement. §1946 states that
A hiring of real property, for a term not specified by the parties, is
deemed to be renewed as stated in Section 1945, at the end of the term
implied by law unless one of the parties gives written ...
4
You understand the business of landlording before you get started. You don't landlord for the purpose of evicting someone. You landlord for the purpose of exchanging keys for a duration for money, specifically by creating a leasehold estate that you sell to your tenant.
Your tenant has the leasehold, you don't have the money, in part because it sounds ...
4
In RI it appears that two days notice and a reasonable purpose is enough. There are states that list the reasons a landlord can access a unit; RI is not one of those states.
http://webserver.rilin.state.ri.us/Statutes/title34/34-18/34-18-26.HTM
4
If the lease has expired and the tenant does not have an option then the landlord is under no obligation to offer a new lease; they do not have to give any reason.
They would still need to comply with the notice periods in the lease or it will revert to a month-by-month contract; in that case, the notice period is 1 month.
4
As soon as possible.
Liability
There is no contract here so you would be relying on the tort of negligence and/or trespass. If you have suffered damage from somebody else's negligence then they are liable for your loss.
Part of the problem that you face is you need to determine exactly who was potentially negligent.
It probably isn't your neighbour! It ...
4
The government of California has an extensive manual that says what you can and cannot do. To terminate a lease (a rental agreement for a year is a lease), there would have to be just cause for eviction (p. 65), such as failing to pay rent, violating terms of the agreement, cockfighting, and so on, and that does not include being a pain in the neck. Nor ...
4
Education level is not an FHA protected category. However, whenever you give one broad group preferential treatment over another, you'll raise eyebrows. Someone might argue, for example, that while your incentive does not explicitly mention a protected category like race or sex, it might disproportionately impact one group in a protected category over ...
4
The tenant has certainly committed one or more civil wrongs against you, and you have the right to sue for those (as you know). There could be criminal activity here such as fraud or perjury - but I do not believe it constitutes theft by taking.
The tenant did not use deception to obtain property from you. They used deception to obtain a business deal with ...
4
Let's analyse the landlord's claims:
You have an assured shorthold tenancy agreement. The fact that there isn't a written contract doesn't change this as a verbal agreement is legally binding.
That's true. A tenancy exists even if this was never written down, and it's an AST by default if the requirements for being one are met.
Payment of rent ...
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