55
votes
Accepted
Firearm provision in lease agreement
Clauses (a) and (c) are potentially relevant. You have to look in the Rules & Regulations to see what exceptions are permitted. Although firearms and especially shotgun shells are of a "dangerous, ...
- 217k
41
votes
Accepted
What's the impact of this late fee typo?
Dale is right; here are the details from CA statutes:
Since 1872, CA law has told CA courts to assume the parties to contracts in CA are reasonable, not crazy. If the literal reading of the contract ...
- 8,446
29
votes
Accepted
Can my UK debt be collected because I have to return to US?
Questions about being barred from entry into the UK 10 years down the road need to be asked some number of years in the future. Current practice is that the Home Secretary does not bar entry because ...
- 217k
23
votes
Can messenger chat be used as evidence in courts?
Online conversations are generally allowed evidence.
However, EVERYTHING in the chat should be considered, as well as any later actions.
Were there later conversations that said something different?
...
- 3,191
21
votes
After flat owners buy a freehold, why must they grant themselves 999 year leases to set out residents' rights and responsibilities?
Because an owner cannot tell another owner what they can and can't do with their own property
The quoted paragraph clearly sets out some of the things the leasehold arrangement allows: "... set ...
- 226k
16
votes
What's the impact of this late fee typo?
The typo is corrected
If the context makes it clear that the correct party to pay the fee is the lessee not the lessor then that’s how it will be read.
It is not a requirement of contract ...
- 226k
13
votes
Accepted
Waiving my right to not be evicted in a San Francisco lease
The Rent Ordinance para (e) explicitly precludes that possibility:
Any waiver by a tenant of rights under this Chapter 37 shall be void
as contrary to public policy.
If he attempts to enforce ...
- 217k
12
votes
Can messenger chat be used as evidence in courts?
Generally speaking, yes.
This issue arose in the trial of Michael Avenatti. There, Avenatti tried to exclude screenshots of his Whatsapp messages with Donald Trump, claiming that the government needed ...
- 61.8k
11
votes
Stop paying rent if landlord does not provide lease agreement and basic services
I do not have anything official proving that I gave him the 2-months worth deposit
What did you do, hand him a wad of cash? Pay by check, and put what it's for on the memo line.
You've been there ...
- 6,104
11
votes
my landlord won't let me in on the day my tenancy begins, is this legal?
If you are prevented from entering the property on the day the contract says the tenancy begins that is a breach of the contract.
If you suffer a loss as a result of the breach, you are entitled to ...
- 19.3k
9
votes
Accepted
My landlord decided that my rent is due earlier than we had agreed
she immediately stated that I need to provide 60 days notice
She is wrong. See Minnesota statute 504B.135(a). Absent any agreement that supersedes the statute, the landlord cannot unilaterally ...
- 45.5k
9
votes
Accepted
Can you break a lease because the landlord refuses to evict another tenant who physically threatens the leaseholder?
California Civil Code 1946.7(a) says that
A tenant may notify the landlord that the tenant intends to terminate
the tenancy if the tenant, a household member, or an immediate family
member was the ...
- 217k
9
votes
Suing lease financing Company
No. Federal law specifically releases the leasing company from liability.
49 U.S. Code § 30106 Rented or leased motor vehicle safety and responsibility
(a) In General.—An owner of a motor vehicle ...
- 4,298
8
votes
Break lease agreement due to COVID-19
Are the reasons (mom can't stay because of covid-19 and the son is too young to live by himself) legally justifiable reasons?
Unfortunately, not in this case.
The landlord can prevail by arguing that ...
- 45.5k
7
votes
What's the impact of this late fee typo?
In addition to the existing answers, it seems you may be overlooking some basic matters.
As long as you pay in time, nothing happens.
If you pay late and the lessor doesn't do anything, nothing ...
- 6,240
7
votes
Could there be legal action against me for non-payment of rent with no written contract?
Your lawyer will advise you whether to worry, but it is not a crime to not pay the rent. The action that the landlord can take is (a) evicting you and (b) suing you for the unpaid rent. Whether a ...
- 217k
6
votes
Firearm provision in lease agreement
I do not see how you can violate this section without threatening someone.
(C) has, I count 6 components. Pay close attention to how they interact.
engage in acts of violence or threats of ...
6
votes
Can a landlord use the delivery of U.S. mail as a method of surveillance?
Residents agree that the receipt of mail by any individual not listed
as a Resident or Occupant in this Agreement at the Leased Premises
shall be proof of occupancy of that individual and a ...
- 217k
6
votes
Break lease agreement due to COVID-19
No laws have been changed to create extra rights for tenants owing to covid-19. There are many ever-changing orders regarding eviction, whereby you can't presently be evicted, but these are temporary ...
- 217k
6
votes
Can a property management company sign a lease as a company?
My lease does not have a physical name where it says landlord but
rather the company name. It's also signed as the company name. Is that
legal?
Yes.
Corporations and other entities are allowed to own ...
- 240k
5
votes
Incomplete building rented on commercial lease
Short Answer
Can an incomplete and unsafe building be rented to a tenant on a
commercial lease if the building never received a certificate of
occupancy?
Yes. Unless your lease says otherwise. Your ...
- 240k
5
votes
Drug dealer & criminal signed the lease agreement
The police (and any other involved public agencies) do not work for Steve. They make their own decisions. You didn't specify a location, and requirements to consent to a search vary by location. It ...
- 151
5
votes
Roommate Got Their Name off the Lease by Misleading
B and C have a contract with A
In return for paying 3 months rent, B and C will remove A from the lease. This has all the required elements to be a contract.
B and C have fulfilled their obligations ...
- 226k
5
votes
We moved out two months early and still have a lease with the property I just found out this morning that the landlord has been living there
the landlord has been living there for a week. Is this allowed? Am I still expected to pay rent if he is living there?
Generally speaking, no. But you need to verify that your lease contains no ...
- 45.5k
5
votes
Accepted
Can I get evicted from my apartment for a late payment in Canada?
If I don't attend the hearing, can I get evicted?
Yes. Never ignore a court hearing date. The Tribunal could otherwise impose an outcome without hearing your side of the story. If you ultimately paid ...
- 240k
4
votes
Accepted
Verbal Agreement vs Written Agreement
In general, the express terms of the lease signed supersede all prior negotiations of the parties, except to the extent that the particular language in question in the lease is ambiguous. This is ...
- 240k
4
votes
Accepted
Do all the roommates have to be on a rental lease in Virginia, USA?
In Virginia there is a distinction between a tenant and an authorized occupant. An authorized occupant is
a person entitled to occupy a dwelling unit with the consent of the
landlord, but who has ...
- 217k
4
votes
Is typo in rental contract enforceable
A typo in a contract does not ever void the contract. If the typo changes the meaning of the contract from what was actually intended, then it is up to a judge to interpret the contract and whether it ...
- 4,365
4
votes
Accepted
Noise complaint about a neighbor who is excessively loud during the day with his subwoofer
These are the limits in Boston: 50 decibels from 11 p.m. to 7 a.m. and 70 decibels at any time. If it is annoying you then it is probably greater than 70 dB, you can buy a sound meter if you want to ...
- 226k
4
votes
Landlord misrepresented my lease
Is this something for small claims court
Yes. The explicitness of your prior leases overrides the statutory variations that might exist among jurisdictions in this regard. And the total of 50$/month ...
- 45.5k
Only top scored, non community-wiki answers of a minimum length are eligible