99

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 police ...


74

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 ...


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", ...


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 ...


11

The police officers themselves are covered by Qualified Immunity - to put it briefly, a government official acting in their official capacity in a discretionary act (as in, they have some discretion in whether/how they carry out the act) is immune from suit so long as they pay reasonable deference to relevant law. In the case of the police, so long as the ...


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 ...


6

Pay them When negotiating it is useful to think of your BATNA - Best Alternative To a Negotiated Agreement. Your BATNA is to follow the appropriate legal process to evict them which will cost what it costs and take the time that it takes. You also need to think of their BATNA which appears to be that they get use of the property rent free until evicted - ...


6

He gets exactly what you give him. If you think the home is worth $225,000 then you should offer him to buy the house for $225,000, and that's it. There is no reason why would accept a lower purchase price of $150,000, there is absolutely no reason to deduct $50,000 rent from the purchase price, because that $50,000 is rent for living there, and there is no ...


4

The closest you will get is the first-in-time ordinance passed by the city, but that was overturned in court. That law required accepting the first qualified applicant for a rental: it did not say anything about sales. If there is a specific provision to that effect in your lease agreement, that would be applicable, but there is no general legal mechanism ...


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

Is this even legal? Yes, it is lawful. The Ontario Tenancy Act does not seem to outlaw that type of clauses. But the clause (or lease) will be binding only if you agree to it. Also note that the clause refers to reasonable costs, which implies that those costs must be for a reasonable cause. In other words, the landlord would be barred from recovery of ...


3

Approach the neighbor in your yard and ask him to leave. You are the tenant, you have full rights to do so. Once he refuses to leave he is a trespasser and you can call the police to take care of him, let alone if he makes any threats. Regarding the landlord, just ignore them and take care of the yard and the house as the lease terms bind you. Require them ...


3

If the landlord has a right to charge a late fee (and that late fee is not a penalty) then that right accrues from the instant that the rent is late i.e. any time after 5:00:00 pm precisely if that is the time stated in the lease. If only a day is stated then it would be midnight. For case law on the penalty doctrine see PACIOCCO & ANOR v AUSTRALIA AND ...


3

In most jurisdictions contracts for sale/purchase of real property are not binding unless they are in writing. California is no exception (Cal. Civ. Code. 1624): (a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party’s agent: (3) An ...


3

Lawyers are useful in litigation the way engineers are useful construction or doctors are useful in surgery The know what they’re doing and have done it many times before: you haven’t. In your particular situation your lawyer can advise you if you actually have a case worth pursuing and the best way to do so. In most jurisdictions lawyers cannot represent ...


3

In most common-law jurisdiction, a purchaser buys a house subject to any existing lease. If that is true in your jurisdiction, the notice to vacate was illegal, and you are entitled to remain until the end of the current lease. The return of the deposit will depend on the condition of the property when you move out, and will be governed by the specific law ...


3

Many states require an escrow of rent for habitability issues, simply not paying rent can be grounds for eviction proceedings. Illinois has a statute for deducting a repair from rent (765 ILCS 742/5). If it’s less than half the monthly rent and less than $500, a tenant can inform the landlord of the repair required. If the landlord has not provided a ...


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 ...


3

The landlord is obligated to let the existing tenant stay in that they cannot legally physically remove them or change the locks without a court order. The business between the landlord and holdover tenant doesn't involve you. All that matters is that the landlord told you that the unit would not be ready for you. Your lease should have a section ...


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 ...


2

do we legally owe them their rent back? The previous tenants are entitled to a refund of the portion that your property has been rented to a new tenant. Generally speaking, U.S. law prohibits a landlord to get double rent for the same unit at any given point in time. I highly doubt that Utah law is any different in this regard. Even if the lease contract ...


2

Until the rental period ends, it's not yours to rent While the tenant is paying rent, it's their home and you do not have the right to rent it to someone else. It seems like your manager has been proactive in looking after yours and your tenant's interests. By proposing a win-win outcome where they can start showing the unit and possibly renting it early (...


2

Am I legally locked into the lease simply because Im listed as a tenant? I'm listed as Occupant on the leaase and it states on part one of the lease to list those who have signed the lease. I was nnot present for paperwork so I did not sign or initial anything. Wouldnt the application take legal precedence? The first key question is whether you are ...


2

Since such a post at least implies, and possibly explicitly says, that the person is acting poorly or improperly, perhaps even illegally, as a tenant, it would be potentially defamatory. A suit for defamation would be possible. But that would require the person "named" to establish that the comments were statements of fact rather than opinions, and that they ...


2

If you are on somebody else’s property without permission you are trespassing The guest does not have permission because the host lacked the authority to give it to them. Trespass is a crime and people who knowingly do so are subject to arrest. The host has broken their contract with their landlord/body corporate and can be sued for damages and/or have ...


2

In order to be legal, the fee has to pass muster as "liquidated damages". The law (Cal. Civ. § 1671) states that In the cases described in subdivision (c), a provision in a contract liquidating damages for the breach of the contract is void except that the parties to such a contract may agree therein upon an amount which shall be presumed to be the ...


2

Would this contract be invalid due to the incongruity? No. In case of disputes, it will be easy to establish that the switch of labels was a mere and harmless mistake incapable of reasonably confusing either party as to each one's role in the contract. As such, the incongruity is inconsequential to the legal relation between the true landlord and true ...


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