Hot answers tagged

55

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, flammable or explosive character", it is reasonable to believe that when stored properly, they do not unreasonably increase the danger of fire or ...


42

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 is crazy, the California Civil Code's rules for the Interpretation of Contracts tells its courts: ignore the crazy reading. Here is what the statute says: § ...


29

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 of an unpaid debt, instead you have to do something egregiously bad or antisocial. Given Brexit, future matters of immigration are not set in stone. One ...


16

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 interpretation that people check their brains at the door. If a clause makes no sense as written but makes perfect sense if a common typo is fixed then the typo will be ...


14

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 such a clause or in any way dislodge you from the unit, he is liable for a substantial penalty. The legality of a rebate scheme is not clear, but probably would ...


11

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 for nine months and there are several other people who can testify that you've been living there, so it would be difficult to claim that you aren't a renter. If ...


10

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 be restored to the position you'd be in had the loss not occurred. For example, if you had additional removal fees and a hotel bill resulting from this breach, ...


9

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 stretch the notice period to 60 days. Is it legal for a landlord to say my rent is due 5 days earlier than we had verbally agreed? Is it legal for a landlord to ...


9

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 the mom, insofar as a holder of a non-immigrant visa, knew or should have known of the risks of being denied entry in the US. In terms of the Restatement (...


7

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 happens. If you pay late, the lessor claims his late fee, and you pay, nothing happens. The courts deal with conflicts. No conflict, no court case. If you pay late ...


6

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 violence, This is the crux. It's a pretty clear statement, and its definition is reasonably narrow. Perfectly appropriate for a rental agreement. Don't hurt ...


5

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 wouldn't be surprising, though, if Steve can't legally consent to a search of someone else's room (but possibly could consent to search of common areas). One ...


5

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 orders. Otherwise, the general rule is that if you have a lease for a certain period of time, you owe the rent during that period whether or not you are ...


4

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 not signed the rental agreement and therefore does not have the financial obligations as a tenant under the rental agreement. A tenant is a person ...


4

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 is reasonable that a person would assume its intended meaning. In your example, it is obvious that the word "least" was meant to be there and not "lease" - as ...


4

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 be sure. The advice is: Car alarms, loud parties, or loud amps: Call the Boston Police Party Line at 617-343-5500, or contact your local police station.


4

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 called the parol evidence rule (which is the law in all U.S. jurisdictions although it has been expressly rejected in Israel). The parol evidence rule expressly ...


4

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 for six or seven years indicates that you would have to pursue recovery in small claims court (at least if the landlord refuses to reimburse you). In Wisconsin,...


4

In general, a properly signed lease is binding. But there are exceptions, and they vary depending on the jurisdiction: country, state/province, and even city or county in many places. You mention a claim that the property should not be leased "because the owner needs it". In some jurisdictions, there is a special exception if the owner personally, or a ...


4

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 violation of this Agreement. I assume that the lease states that only the listed individuals can reside in the unit. Maybe they think that this says that receipt ...


3

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 sole source of legal protections is your lease. Without knowing the detailed provisions of your lease, it is impossible to know. Long Answer The General Rule In ...


3

Firstly, your "apartment" doesn't prohibit anything; Your tenancy contract does. A terminology nitpick, but one that can shed some light on what is actually happening. TLDR: Your right to bear arms isn't being infringed, its being traded away. An unreasonable trade may be invalidated by the courts. Firearms restrictions are far less likely to be voided than ...


3

Is the soil a fixture or a chattel? Fixtures revert to the landlord; chattels remain the property of the tenant with the landlord as bailee. Soil could be either - if it was brought onto the site with the intention that it become a permanent part of the landscaping then its a fixture; if its purpose was to be on-sold or incorporated into pot-plants then ...


3

In any legal dealing, there is always some risk. The signature constitutes definitive proof that you have a contract, but you still have a contract, because you have mutual acceptance. A far-fetched scenario is that the lessor could allege that they did not agree to the terms of he contract with you (perhaps claiming that you obtained a blank contract form ...


2

ErikF's answer already covers the rules about entering a rented apartment after notice has been given. I'll try to answer the other question. Do we need to listen to the tenants' request or do we have the right to continue communicating with them via email? I don't think there is an explicit law about this in Canada, but in general neither side has the ...


2

Looking at the Residential Tenancies Act, 2006, S.O. 2006, c. 17, there are a couple of possibilities: If the tenancy is being terminated or notice has been given (s. 26(3)), you can enter without written notice between 8 A.M.-8 P.M. as long as you "inform[] and make[] a reasonable effort to inform the tenant of the intention to do so." Otherwise (s. 27(1)),...


2

I would certainly speak with a lawyer. (I am not one.) My (limited) understanding of the law is that the victim of a contract breach must act in a "commercially reasonable" manner to minimize the damage to both parties. For instance, I believe that the landlord is responsible for re-leasing the property (not you), and then billing you for the difference ...


2

Only people with the authority to act on your behalf can make legally binding actions on your behalf. The mere statement that one tenant can bind all tenants is absolutely without legal force. It requires an additional statement by each of the tenants involved (or one statement all have agreed to) to have legal force. As the original lease did not give any ...


2

Unless there is a document (including the original lease) which designats the co-tenants as agents of each other you are not bound by the actions of the other tenant. Co-tenants are not by virtue of that relationship alone, agents of one another. The statement on the renewal does not change this: your co-tenant doesn't represent you so they can't ...


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