100

Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check. The ...


82

This law sounds likely to be unconstitutional and/or invalid because it is pre-empted by state or federal laws. Among other things it probably violates the First Amendment right to petition the government, and the Fourteenth Amendment right to equal protection of the laws (by depriving people who have had previous police calls of the right to call the police ...


77

If you were given a non compliant notice, you haven’t been given notice You can stay as long as you like or for 4 months after they give you the correct notice. The landlord’s legal obligation was to give you 4 months notice: not his agent, or the Queen, or some guy he was chatting with at the pub. Whether that causes other people with other contracts ...


75

A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed". See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313. In a land contract, the buyer has ...


65

The legal position You are quite clearly not running a business and if the matter went to court you could easily prove this be e.g. getting testimony from the people at the party, your testimony etc. In any event, your landlord can’t “fine” you. Fines are a punishment and only government can punish people. They can sue you for breach of contract for damages (...


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 ...


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 ...


46

Can a landlord dictate what I put online? No, unless the lease you signed has a provision to that effect. As for the underlying matter, the landlord has the burden of proof. A fictitious Google listing clearly falls short of proving that you are running a business at that address. Furthermore, any friend willing to perpetuate the joke(!) could reinstate the ...


40

The house Owner owns the washing machine. Paying the deductible on Owner's warranty has nothing to do with (changing of) the ownership of it. Effectively, the tenant has incurred expenses just for arranging the replacement. Lease specifically stipulates that Tenant is welcome to use washer/dryer but that Owner is not responsible for fixing them if they ...


39

Dale M's answer contains an inaccuracy for England and Wales. I haven't checked the rules for NI or Scotland but my guess is that the principle is the same (i.e. that a notice with the wrong expiry period will be invalid and needs to be re-served). Notice requirements Assumptions: You are not based in Wales (you stated 4 months notice period requirement and ...


37

Yes Businesses (and consumers) can choose who to do business with and what information they ask for and disclose and when they do that. If you’re uncomfortable with how they do business, don’t deal with them. If they don’t like how you do business, they are free not to deal with you. This is called discrimination. However, it is not unlawful because only ...


35

A person's contractual rights and obligations remain valid past their death, so if the landlord dies, their heirs cannot then kick out the tenant, and likewise if the tenant dies, their estate still is liable for unpaid past and future rent. That means for example that the person cannot be evicted, the landlord cannot take their property or enter without ...


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.


26

In general, a German landlord needs to give at least 24 hours notice before he can enter a home, and allowance from the renter. The renter also has the "Hausrecht", not the landlord. There are exceptions, most of them to prevent damage from an ongoing danger threatening the house. A clear example would be a broken water pipe. 1 week notice also ...


24

This is buying a house. If that's not what you mean to do, watch out! Even so, watch out. Honestly, if it hadn't occurred to you until now to buy a house, this isn't for you. If this has piqued your interest in buying a house, explore doing it the normal way with bank mortgage, realtor, all that. Land contracts are often thought of as "exploitive", ...


24

Yes. Your grandmother's estate is responsible for the rent. In fact, your grandmother's estate is entitled to continue renting the apartment for a reasonable amount of time as is needed to wrap up the affairs of the estate. Those affairs, at the very least, include gathering possessions and papers, arranging appropriate off site storage, and transporting ...


23

The only avenue for tenant liability would be if the tenant is responsible for the damage. The courts have not assigned responsibility for damage resulting from other people's disagreement with a political expression to the person expressing the viewpoint. You are generally free to peacefully express yourself, and as a renter this would be part of your right ...


23

The tenant wouldn't be involved in this at all. The tenant rents from the landlord, and the landlord gives them an account number where the tenant sends the money every month. How would the tenant be involved with you? Actually, if I was the tenant and I was told to pay the rent to some third party, that would be the reddest of all red flags to me. As a ...


20

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 ...


19

The location of your residence entrance is irrelevant for the law, what matters most is your "street address", i.e. mailing address. That is the address (therefore city) that you use for voter registration, and basically how you identify "where I live". If you lives 5 miles out in the country in an unincorporated area, you'd still use Needles (e.g.) as you ...


17

Debt factoring is common practice Fees generally range about 1-2% higher than mortgage rates depending on how prevalent bad debts are in the industry. This means I can get what you’re selling for less than a quarter of your price. Typical arrangements are that I get 80% when the debt falls due and the balance (less your fee of say 3%) when the debtor pays. ...


17

This problem seems not to be unique, see this article. Ohio is reported to have about 50 of them. Here is a legal paper on crime-free housing ordinances, and this includes nuisance ordinances which are also used. Somai v. City of Bedford is an example of a successful suit against such an ordinance (settled after an injunction was granted suspending ...


16

It is not uncommon for a landlord to instruct tenants to make payments via a lockbox service to an address other than the landlord's business office address. It is also not uncommon for a landlord to hire a management company that collects all rent and also handles maintenance and other on-premises services. Such services, I understand, charge rather less ...


16

Those who attended reported learning that there are some new laws regarding rental properties [...] they make it easier for us to evict problem tenants whose visitors damage our property These "laws" as described (and with no verifiable references) sound incredibly inept, contravening public policy of any state, and very likely to expose credulous ...


15

You will not be legally liable. You are not responsible for other people's irrational or even violent reactions to your protected speech. If you could be held liable for other people's irrational or violent reactions to your peaceful speech, then exactly what your landlord is trying to do here could happen. People could threaten violence or harm as a way to ...


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 ...


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

The landlord is not free of liability risks. In California, everybody is responsible for injury brought about by lack of ordinary care or skill in management of his or her property or person. This applies to landlords, falling under Business Proprietor’s Liability for the Criminal Conduct of Others. Therefore the landlord must use reasonable care to protect ...


12

Once your rental contract starts, your landlord must give you access to the rented flat. If he doesn't do so he is in breach of contract. You could sue him, but that would be a bad start for a longer term contractual agreement. It might be less time and effort to look for a new flat. And do you really want to be in a long term contract with someone who ...


12

There's a material question here, but you worsen your situation only slightly by acknowledging receipt of the communication, and you worsen it greatly by stating in writing that you agree with the communication. (I don't know what you mean by "accept"). You're responsible only to the extent that you incite violence. This requires you be attuned to what ...


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