9
votes
Can renters take advantage of adverse possession under certain situations?
No
The criteria for adverse possession is that you have to be in possession without permission. A tenant, even one that pays no rent (or stops paying rent), has permission.
- 197k
9
votes
Is there an inherent legal obligation to repay a guarantor?
united-states
Does the use of a guarantor give the tenant an automatic legal
responsibility to repay them?
Yes, unless a contract expressly says otherwise.
A guarantor has the right to recover what ...
- 194k
8
votes
Accepted
What kind of compensatory damages are available in a class action lawsuit (landlord/tenant)
Usually, the compensation would be B (economic damages plus prejudgment interest at the appropriate rate), together with court costs other than attorney fees.
But the lease, or depending on the exact ...
- 194k
8
votes
Are there any repercussions for my landlord having us sign the wrong lease?
You signed the lease
In general, this is definitive of your intention to have a month-to-month lease.
Any correspondence that you have prior to you signing that you wanted or even agreed on a yearly ...
- 197k
7
votes
Is there an inherent legal obligation to repay a guarantor?
Yes. Although the details will depend on the jurisdiction, the wording of any documents signed, and any specific statutes regulating the type of contract in question (eg. residential tenancy ...
- 8,607
5
votes
Can I charge a specific house hack tenant utilities but not the other tenants?
You can set whatever rental and utility costs the tenants agree to in a lease. You can't generally modify the division of utility costs unilaterally.
But, since the lease is month to month, you can ...
- 194k
4
votes
Accepted
Why is Rakusen v Jepsen cited in that order?
Rakusen was the appellant at the Court of Appeal. Many, but not all, appellate courts adopt the norm of listing the appellant as the first party in the style of cause, even if they were the respondent ...
- 42.9k
4
votes
Does a counter claim stop an eviction for non payment of rent?
Often, evictions are bifurcated. An initial hearing determines all evidence necessary to determine if there is a default existing sufficient to justify an eviction, and if so, the eviction goes ...
- 194k
3
votes
Can renters take advantage of adverse possession under certain situations?
canada
Several provinces have abolished adverse possession law (see e.g. British Columbia's Limitations Act, s. 28; Alberta's Property Rights Statutes Amendment Act, 2022; and New Brunswick's Land ...
- 42.9k
3
votes
Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
british-columbia
All of this is from the Residential Tenancy Act and related decisions from the Residential Tenancy Branch (a delegate of the director).
A tenant is entitled to exclusive possession ...
- 42.9k
3
votes
Is there a law requiring a landlord to respond to rental agencies request for information in regards to previous tenants?
Is there a law requiring a landlord to respond to rental agencies
request for information in regards to previous tenants?
No. There is no such law.
- 194k
2
votes
Accepted
Is a judge required to explain his ruling?
Denial of a motion to dismiss is not an appealable order. Likewise, denial of a motion for summary judgment cannot be appealed except in rare cases where it deals with a privilege against being sued ...
- 194k
2
votes
Judgement for Possession when Tenant Vacated the Premises?
There are multiple potential issues involved with an eviction. The primary interest here seems to be landlord repossession of the premise; there is also potentially collection of rents owed, and ...
- 210k
2
votes
Accepted
Does protocol 1 article 1 (peaceful enjoyment) cover charging of rent for another to occupy property?
Future income constitutes a “possession” only if the income has been earned or where an enforceable claim to it exists (Ian Edgar (Liverpool) Ltd v. the United Kingdom; Wendenburg and Others v. ...
- 5,508
2
votes
What's the notice after the fixed term agreement has expired
First review the existing contract for anything that specifies what happens at the end of the term. I have seen ones that switch to month to month, others automatically extend by a whole year.
In the ...
- 121
2
votes
Can a Tenant File a Counterclaim in Summary Eviction Proceedings?
The facts are not described clearly, but the bottom-line question is "was the rent actually paid?". For example is the total over-paid rent is equal or greater to the amount owed for the ...
- 210k
2
votes
Can a landlord add fees not included in lease
You say that "furniture included" was mentioned during the tour, but the verbal representations made during a tour are probably not binding. If there is contemporary record of the ...
- 2,636
2
votes
Are there any repercussions for my landlord having us sign the wrong lease?
Depending on the state, depends on how much tenant protection you have. Eviction process and notice regulations can be months out. So yes it is not a yearly lease, but depending on state, this may not ...
- 1,473
1
vote
Accepted
Implications of subversive harassment
united-states
Most U.S. states recognize the torts of intentional infliction of emotional distress, sometimes called "outrageous conduct" instead, and the tort of intentional interference ...
- 194k
1
vote
Accepted
Besides s. 134 — where does the Residential Tenancies Act, 2006 outlaw requiring tenants to pay for repairs that are the landlord's responsibility?
The answer is more Daedalian than appears on the Standard Form of Lease, because the Standard Form of Lease fails to warn that the RTA never spells out your quoted bullet point explicitly! The reader ...
1
vote
Multiple issues in UK rented flat after check-in. What are my rights?
england
A missing document is the How to rent: the checklist for renting in England guide, which should have been supplied to you by the letting agent or landlord on paper or by email.
If you are a ...
- 14.7k
1
vote
What happens if an international student doesn’t pay rent and then leaves the country?
Two different questions here, damaged housing and the rights of a tenant, and leaving the country to get away from a debt.
If you simply leave the US with the debt left unpaid, you won't have problems ...
- 14.4k
1
vote
Landlord Picks Lock & Enter Premises Without a Judgment for Possession?
florida
For a few years, I was an unwilling landlord for a property down in Florida, which I contracted with a property manager to handle on my behalf.
As part of that arrangement, they drafted the ...
- 2,154
1
vote
Does the English rule apply to costs in possession claims?
Costs follow the event
AFAIK, this applies in all civil proceedings except small claims and (some) tribunals.
However, the defendant’s (or plaintiff’s) personal time and expenses are not recoverable. ...
- 197k
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