The Stack Overflow podcast is back! Listen to an interview with our new CEO.

Hot answers tagged

61

If your friend thinks he can live there for free due to his unique interpretation of contract law, he is mistaken. He'll get evicted if he doesn't pay rent, and likely end up with a judgement against him for unpaid rent. At its core, a rental agreement ensures that in exchange for paying rent, he may occupy the property. You can argue up and down about ...


28

This situation is exactly why we have the concept of legal tender. Legal tender is a form of payment that must be accepted to settle a debt. Your friend is entitled to insist on paying the rent in cash — accepting any other form of payment is at the landlord’s discretion.


24

You signed a contract where you agree to not have pets and the landlord agreed to let you live there. If you decide to not follow your end of the deal, the landlord might not either. In simple terms, you can get evicted. There is probably a clause in the contract to the effect of "you will get evicted if you don't follow these rules". Depending on contract ...


19

He entered into a contract to pay because he liked the payment methods offered He entered into a contract. Full stop. End of story. Therefore he is off the hook for repayment AND doesn't need to add a new method of payment Your friend needs to look at the contract (or better, have someone who actually understands contracts look at it for him). He needs ...


13

The legal repercussion is that you could be evicted for breach of contract. The courts would not order you to give away the cat. What you should do, rather than waiting for this to melt down to a court case where you would not like the outcome, is instead to negotiate an accommodation with the landlord. You want something, so don't expect to get it for free. ...


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 ...


9

__________ _________ ____________ Therefore, I get the outcome I want. The human brain must think: it can't stop. If you don't believe me, try meditating. The mental process of putting stuff in those blanks is called rationalization. This is a bored mind who wants something. If that mind is not particularly well disciplined, those things will get ...


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 ...


8

When you tendered three pennies, that should have satisfied the debt as the landlord does not have the right in this situation to insist on payment in a money order in lieu of currency. A money order requirement is only effective as a means by which to refrain from accepting personal checks, not cash. This is the ignorance of the property manager at work. ...


8

A tenant has a right to "live in a property that’s safe and in a good state of repair". There are additional regulations possibly applicable in your situation if this is a "house in multiple occupation", summarized here. "Hazards" are explained here. However, these rules pertain to the condition of the building, not other tenants (except that "overcrowding" ...


8

Can a landlord legally charge for pet rent even when no pets are present in the apartment? Yes. Absent any indication in the lease that your cats would not move in immediately, the landlord is right. I assume that your lease reflects mutual knowledge of your intent to bring your cats over (via a marked checkbox or in "d) Pet1 Details: ... Pet 2 Details .....


7

There's good information at https://www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy. There are several types of tenancy with different rules, but in all of them, the landlord has to give you a certain amount of notice to move out, and it has to give a specific date. "Three months from when a buyer is found" doesn't ...


7

If I said that I wasn't paying, my SSI could be cut If you are telling SSI that you are paying rent so they give you more money, and you aren't paying rent, that's fraud. If you're filling out the form honestly, then your only obligation is to your parents. They are free to charge you or not charge you. Unless your name is on the mortgage, you have no ...


7

We don't want this issue to adversely affect our credit and got legal consulting which suggested we should pay the debt collector to protect our credit score, and then sue the landlord for the money back in small claims court. I'm a little worried about this strategy since it requires to hand away the money first, and am trying to get second ...


6

The written document is given very high priority, so parties will be held to what is in the document. Both parties sign at the bottom, as a way of signalling their agreement with the terms specified in the document. If conditions are added or subtracted (by crossing out), especially with pre-printed forms, the "customer" (person who didn't write the contract)...


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

You have not mentioned your jurisdiction or details on the lease, but generally tenants are jointly and severally liable - which means that if he does not pay his share, the landlord can pursue you for it. In turn, you should be able to pursue him for the courts for his share of the rent. (This does not mean you will get paid - but does mean you can try ...


6

There are probably specific laws that control landlord/tenant rent disputes. But your friend's argument assumes that there aren't. Let's assume that there aren't. So there are two possibilities. Either the contract directly addresses this issue or it doesn't. If the contract directly and specifically addresses this issue, then that controls. Your friend is ...


6

As Paul Johnson says, this is a planning permission thing. The parking places your landlord has leased you are real; they exist. They just don't have planning permission for all of them. It's no different to if the landlord got planning permission for a building of four flats, and built a block of six flats. Building those two additional flats would ...


6

Is there any way I can persuade the new landlord to start renting apartment as close as possible to the end of 30-day period? If you already signed a contract with the "immediate move-in" clause, it is going to be difficult to persuade the new landlord. That is because the landlord would have no incentive to postpone his source of income and there is no ...


5

There's a lot of variables here, as many leases are built in different ways within the leeway allowed by law. You will want to contact a local lawyer to see how you can mitigate the damage to yourself, and contact your landlord and see if you can re-negotiate the lease. If the landlord doesn't want to re-negotiate, you're probably facing eviction if you can'...


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

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 can read about your rights as a California tenant at http://www.dca.ca.gov/publications/landlordbook/catenant.pdf This is rather ridiculous: 1) No judge will evict someone for paying rent by mail. (I assume you have the new landlord's address.) 2) If the landlord cashes the check you mail then he's not going to be able to claim you didn't pay the ...


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

When the end of month comes, if no suitable roommate has been found and my ex-roommate (and still current co-signer) refuses to pay his share of the rent, can I sue him in small claims court? Might it be worth my while to hire a lawyer to sue him? Rent is ~$1,600 so $800 is definitely within the limits of small claims, but I don't want to pay my ...


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 ...


4

If the application is joint, you're only declining one application, and you're doing that for reason of credit history. Send the applicants one letter (or each applicant a copy of the same letter) which accords to the law of your jurisdiction, to inform them of the decision and the reason. If you don't have permission to share personal information between ...


4

Regular maintenance does not include repairs for being broken – I have a contract with a company that (for a monthly payment) provides regular maintenance on the furnace, which does not cover the situation where the motor wears out, or whatever. In the worst case scenario of an oil line breech, the tenant would not be liable for the tens of thousands of ...


Only top voted, non community-wiki answers of a minimum length are eligible