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 ...


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 (...


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 ...


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 ...


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

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 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 ...


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 ...


12

Should I have the right to stay following the date my notice has been given? Or the landlord notice to the agency is valid? It depends on whose agent the rental agency is. If the agency works for the landlord (which I presume is the case), you are entitled to the notice as provided in the contract or by statute. Accordingly, this is something the landlord ...


11

A lease of land is not the same as a residential lease, the latter being strongly regulated by special laws. So caveat emptor is the default rule for land leases (see this article). You have to look at the laws of your state, but let's take Washington as an example. This is not a residential tenancy which is subject to different laws, it's just leasing land, ...


6

I happen to have a recent American major rental brand folio with terms and conditions on the floor next to me. The key sentences for this brand are You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority ...


5

What do you mean “slip in”? Are you saying that the term wasn’t there when you signed the contract and the added it later? If so, no they can’t. However, what I think you’re saying is that it was there all along, you didn’t read it, but you signed it anyway? If so, yes they can. You were told this was a term of the contract (not reading it is on you, not ...


5

You have a contract - if you break it, you can be sued. A contract is a legally binding promise that the state (through its courts) will enforce. You promised to pay the deposit - you must pay the deposit. You promised to pay rent on a regular basis for the period of the lease - you must pay that rent. You don't want to live there? Fine, the lease probably ...


5

As far as I know, no jurisdiction in the US relieves a person of their contractual lease obligations when they are required by law to leave the country. However, many (perhaps most) states require the landlord to make an effort to re-rent an abandoned unit, which reduces the size of the tenant's liability. Unless the landlord just gives up on the claim for $...


4

Normally, the person who uses the electricity and pays for it is the "customer", that's you, not your landlord nor the maintenance company. Check out section 6.3.3 (A) of the MOCOPA agreement: the Distribution Business shall agree with the Customer or developer the position and space for the Metering Equipment, and shall, in so much as it is ...


4

In Germany is the situation as following: As already answered, if you don't pay the deposit, you can be sued. Here is a Google translation from here ("Tenant does not pay deposit - what to do?") If the tenant does not pay the deposit in whole or in part, the landlord can collect it in court. To this end, he can either file a lawsuit or apply for a ...


4

There is a USPS form to fill out, to change a person's address. This page shows you what the form looks like. You should notice the text which they transcribe onto the page: NOTE: The person signing this form states that he or she is the person, executor, guardian, authorized officer, or agent of the person for whom mail would be forwarded under this order. ...


4

Sam Wilson: Found a place in Brookyln yet? Steve Rogers/Captain America: I don't think I can afford a place in Brooklyn. NYC is a very in-demand market, with many apartment-seekers being out-of-state dreamers, or local residents who have realistically been priced out of their own town by gentrification. This demand overloads landlords - ties up a lot of ...


3

Is it possible to break my lease without a penalty due to this? No. A reminder to the landlord or reporting with the authorities the violation is most likely to dissuade the landlord from incurring nuisances earlier than 7AM. The landlord might be mindful enough to ensure that work done between 6AM to 7AM does not disturb tenants. Even if the landlord ...


3

The agent/landlord responsibility is to ensure that the residents have "quiet enjoyment" of the property during the period it is let. As long as your friend has access to the flat he has that. He can ask, but the agent/landlord have no obligation to provide it. Could your friend appoint someone else to go and get their property? There is no ...


3

Based on your comments: You rented the car and agreed to "be responsible for fines" The government decided to write a ticket your driving The ticket was written to the company The company plead guilty and paid it without contest The company then billed you the amount of the ticket You feel that they either shouldn't bill you or they should give ...


3

There is no fraud for breach of contract That is, except in highly exceptional circumstances where the guilty party acted deceptively and dishonestly to obtain a benefit or cause harm - the landlord must have knowingly never intended to make good on their promise rather than simply failing to do so. There is a difference between a warranty and a ...


3

This is covered in §§ 563-564 of the Bürgerliches Gesetzbuch, specifically for the death of a tenant. § 563 BGB: Household members continue your contract in your place, with a hierarchy of spouses before children before other members. They can each declare within a month that they decline to continue the contract. The landlord needs a grave objection ...


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