Hot answers tagged

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 ...


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. ...


13

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 ...


13

You are never obligated to sign a contract. You already have a lease agreement in place, which will be enforceable for the agreed-upon duration. The lease can be changed if both parties agree to it, but one party cannot unilaterally demand that other agree to any changes to the contract - a landlord can't, for example, change your lease agreement to increase ...


8

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

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

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

If there is a contract, Bob is entitled to damages There probably is a contract in this case - the landlord (through their agent) has made an unambiguous offer which Bob has accepted by signing the lease. The contract comes into effect with Bob’s acceptance irrespective of if the landlord has (or ever does) sign it. If the agent has acted without the ...


4

At least in Austria and Germany, banning cats in rented apartments is quite a complex issue. See here. Generally banning them seems not to be possible, as they usually don't bother other tenants and you can easily restore your apartment when leaving, should the cat damage it. possible repercussions? Well, don't expect any goodwill on other matters from ...


3

It is the terms of the lease that govern what you may and may not do, so if pets are not disallowed, they are allowed. You are not a party to the contract between the landlord and the agent, so whatever the landlord may have told the agent is technically irrelevant to you. However, this may be an indication that the landlord plans to change policy; it might ...


3

Given California law regarding security deposits, especially the part about the initial inspection, it seems that you had prior written notice of the damage to the paint, and relying on ?verbal statements by the landlord that it required "repainting a few scuff marks, but it shouldn't cost you too much", you let the landlord effect repairs (rather than doing ...


3

In a normal residential lease, the tenant is responsible for damage beyond ordinary wear and tear. Scuff marks may or may not be ordinary wear and tear depending on their severity and how they were caused. For example, scuff marks in a hall or stair caused by normal movement would be ordinary wear and tear and therefore the landlord's cost while a scrape ...


3

The statute provides that "No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due." Mass. Gen. Law ch. 186 § 15B(1)(a)(iii). It would seem that if the rent is fully paid before the thirty days are up, there is no longer a "failure to pay rent" and so no late fee to ...


3

am I obligated to pay this fee? Yes. You entered the lease despite been aware of the existence of that fee. That meets the contract law tenet that an agreement be entered knowingly and willfully. Does it not invoke an issue where they can arbitrarily set the price? If the landlord requires a fee that is unreasonably high, that would violate the ...


2

If a landlord does not fulfill their duties to keep the rented property in a usable state, then according to this source, the tennant has the right to reduce the rent by a certain percentage while the fault persists ("Mietminderung"). There are several court cases which can be used as precedent cases about what kind of fault warrants what kind of reduction. ...


2

Yes While I can’t speak directly to Austrian law in all the jurisdictions I know about the answer is yes. A tenant must leave the premises is a neat, clean and undamaged manner, if they don’t, the landlord is entitled to recover their costs for making it so. The only thing the tenant is not responsible for is “fair wear and tear” - degradation that is ...


2

It appears from the SSA website that a different benefit amount applies to people who live on their own or contribute to the household versus folks who get free or subsidized housing. From https://www.ssa.gov/ssi/text-general-ussi.htm Live alone or pay your share of food and housing costs (Jan. 2019): $771 (individual) Live in the household of ...


2

First, I assume you mean that someone changed the lock and didn't give you a key. I also assume that you have the permission of the landlord or the local housing association for this subletting arrangement. And I also assume that the landlord gave the primary tenant permission to change the lock (and may or may not have a key, which they may or may not ...


2

I'm guessing there was no formal hearing regarding the sanitary code and no order to vacate was issued. As such, you broke your lease and are subject to the penalties outlined within it. I don't know if you gave proper notice or not, but loss of your security deposit and an additional two months rent sounds reasonable for abandoning a lease. In Massachusetts,...


1

“Utilities” does not include internet unless specified The normal meaning of “utilities” is water, gas, electricity, sewer and heating. Telephony and interned are not included by default. If it is specified, you must agree to the change Contracts can only be varied by mutual agreement. This might be a new contract Your status is unclear. Assuming you ...


1

I have recently signed a tenancy agreement (England) and have now decided I do not wish to live there. My guarantor has not yet signed their guarantor agreement. Does this make my tenancy agreement void? No. At most, it makes it voidable by the landlord if the landlord doesn't want to enter into a lease unless you have a guarantee (assuming you have ...


1

A landlord is generally allowed to impose all forts of requirements on pets, unless there is something specifically prohibited, either by state of federal law. 42 USC 3602(h)(1) includes mental impairment under the term "handicap", so assuming you have the appropriate official documentation, then you cannot be discriminated against in rental housing. The ...


1

It is certainly legal for a landlord to take a tenant to court if she thinks she has a case. Whether she will win any damages is another matter. If the agreement was that the tenant would leave the keys in the apartment (a poor practice, by the way) and the tenant complied with that agreement, then it seems that the tenant has vacated and should not be ...


1

It’s the tenant’s responsibility to pay the rent Not doing so, even for reasons beyond the tenant’s (but not the landlord’s) control is a breach of contract. It’s not enough that the tenant made reasonable effort - they have to succeed. Breach of contract entitles the landlord to damages - it does not entitle them to a penalty. Damages are the reasonable ...


1

Having been a renter in Massachusetts for several years now, this is how it was explained to me: Let's say that your rent is due on the 1st of the month. If your landlord has not received the money by the due date, they can begin the eviction process immediately. You are still expected to pay the rent that is due, but they cannot add on any additional fees ...


1

Short Answer Does a "cleaning fee" that was stated in the rental agreement violate this law? This question does not clearly enough describe the term in the rental agreement to provide an accurate answer. A cleaning fee that is taken out of a security deposit in all circumstances, without regard to how clean it is at the termination of the tenancy (if ...


1

Either party may end a month-to-month tenancy on 30 days written notice. The tenancy ends 30 days after the notice is given, or on whatever later date is specified in the notice. That is, a party may choose to give more than 30 days notice, but is not required to. So if notice was given on 29 April, the tenancy would end on 30 May, or more likely 31 may, if ...


1

I have been given a section 21 [of the Housing Act 1988] notice but I don't have an address in England and Wales to which I can service documents to, as specified by section 48 [of the Landlord and Tenant Act 1987]. Does this invalidate the section 21? According to an article on Landlord Law Blog which addresses this very question, no: Section 21 ...


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