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 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 ...


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 ...


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

However, he wants a new security deposit and a month's rent for the time we will use it in March, claiming that the sale process makes us new tenants. What are the legal rights and legal obligations of an estate in a month-to-month rental situation? The estate is just starting the probate process, and I am unclear on whether the landlord is a "...


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 ...


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 ...


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 - ...


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 ...


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

The usual default rule is that a purchaser is bound to honor a lease on the same terms as the previous owner, and that purchase agreements are subject to existing valid leases. However, the Ontario Residential Tenancies Act, 2006 (S.o. 2006, chapter 17) section 49 (2) says: If a landlord who is an owner as defined in clause (a) or (b) of the definition ...


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

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

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 ...


2

Yes such an arrangement can be made legally. Owners cannot be evicted. But a contract could provide for regular payments (rent) and that the right to use/occupy the property is contingent on those payments being made. It could even provide that if the payments are sufficiently behind, that a portion of that party's share would be forfeit to cover the amount ...


2

Roommate caused water damage to our condo, what are my options? The terms of your lease matter. For instance, your statement that From what I understand of the lease, the landlord won't care whose fault it is and will expect us to collectively pay him back for the repairs suggests that the lease establishes joint and several liability. Likewise, it ...


2

The link says that 6 months notices are required where you have a yearly tenancy. That is, you pay rent once per year. If you have a lease that lasts one year but you are required to pay rent monthly or weekly, you don't have a yearly tenancy - you have a fixed term one that lasts for a year. The notice period for a rent increase is one months notice. ...


2

Can landlord backbill 4.5 years worth of utilities that were never billed to us bimonthly as directed in the lease? Yes, since the bimonthly billing issue appears to be within the LA statute of limitations for claims of breach of contract: 10 years (see here). But you might want to check the actual legislative language of the statute referred therein and ...


2

Firstly, you did originally agree to pay them this money, so you have a moral obligation to pay at least some of it. Secondly, there is limitation on how far back one can sue for money under a contract. If California, for breach of a written contract, it is four years, so you probably don't owe the first six months of the bill. Thirdly, this money is not ...


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 (...


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