42

Dale is right; here are the details from CA statutes: Since 1872, CA law has told CA courts to assume the parties to contracts in CA are reasonable, not crazy. If the literal reading of the contract is crazy, the California Civil Code's rules for the Interpretation of Contracts tells its courts: ignore the crazy reading. Here is what the statute says: § ...


34

Not even real roaches are an emergency. The event was foreseeable and scheduleable. According to the terms of your lease, you are entitled to a 2 day warning. From your description, the landlord did not violate the lease, but he came close to it, perhaps to the point that the courts would consider it as good as a breach. In Chicago, §5-12-050 of the ...


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 ...


25

No All parties must agree to change a contract. On the face of it, the New Tenant has to be “acceptable to both the Landlord and the remaining individual or individuals comprising the Tenant (the Remaining Tenant)”. It goes on to describe what the landlord may consider in making this assessment; there is no such imposition on the Remaining Tenant. However, ...


20

It is at least possible that there are quite real roaches elsewhere in the building, and the landlord was advised to have everywhere sprayed to reduce the chance that unnoticed colonies would lead to re-infestation. The landlord might honestly have thought this was an "emergency". It is certainly not in the same class as a leaking gas pipe that ...


17

You can be held liable for rent after you are off a lease. Rewriting a lease only affects future obligations, and doesn't extinguish past obligations. However, you appear to have released X from all obligations via paragraph 2. If you plan to sue for past rent, the court will have to interpret the statement that "The landlord, Y, and Z agree to ...


16

The typo is corrected If the context makes it clear that the correct party to pay the fee is the lessee not the lessor then that’s how it will be read. It is not a requirement of contract interpretation that people check their brains at the door. If a clause makes no sense as written but makes perfect sense if a common typo is fixed then the typo will be ...


15

Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date. While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require ...


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 ...


12

Short answer: no. You're likely to be right. The law will look at the contract in two ways that affect you. Landlord presumed to know what he contracted, since its his business Firstly, the fact that the landlord (I suspect) drafted it, and in any case entered it as his/her business. As with consumer law, the law assumes if you do something as a business, ...


11

Just think of the subtenant cum owner as two separate people with two separate roles. Tenant = T Subtenant = ST Old owner = OO New Owner = NO The rights of the tenant vis-avis the new owner will be informed by the lease and the local laws. Generally, if the sale happens in the middle of the existing lease, the NO is obligated by the terms, as is the T. NO ...


10

I assume you are already living there? No, you can't use that clause, specifically because the "previous renter" is the person(s) who occupied the apartment prior to your moving in (the "start date", or the first date that your lease is valid). That clause doesn't allow you to break the lease if one of the current renters vacates the ...


9

Your lease is with the LLC in bankruptcy - you should not be paying rent to anyone else. Unless and until the lease is transferred to someone else (in accordance with the terms of the lease or with your agreement) it will remain with the LLC. Contact the bankruptcy trustee to see how they intend to proceed. Providing the LLC keeps fulfilling its obligations ...


9

If the landlord gave you a key, and you can not give it back to him he has every right to charge you for correcting the oversight. I put to you that if you can't provide it back to him, he can't be certain that it has not fallen into the wrong hands, and he would be prudent to change the lock - and indeed, he may not even have another copy of the key in ...


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 ...


8

In most jurisdictions a message sent by email is now legally the same as one sent on paper by, say, postal mail, and a name typed at the end, or other indication of source is the legal equivalent of a physical signature. You are probably in the same legal position yu would have been in if you had written, signed, and sent by post a letter of acceptance.


8

You missed the important point. You can refuse all you want, but then the outgoing tenant cannot leave before the term of the lease. So either: they continue to pay (and you are most probably jointly liable for the payments if they don't) or you pay their share or you have to find a new tenant that is agreeable to both you and the landlord. Note that it's ...


7

Short answer: Yes, you can get out. However, this will be harder than you may want it to be. You will need to check your lease agreement for an arbitration clause. If the lease mentions disagreements will be handled by arbitration (or an arbiter), you need to know that going into this. Arbitration clauses usually stipulate that the landlord picks the ...


7

Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer. In general, though, I can clear up some of the confusion with a quick example. Let's say you abandon your lease, but as you do so, you ...


7

No, for two reasons. First, your question seems to assume that the current level of (1) vacancy, and (2) rent, will continue unchanged for the indefinite future. A lot of people thought that in 1989, and 2000, and 2007, just before the last three Bay Area housing crashes. The purpose of a long-term lease is to create certainty for the lessor. As the ...


7

You've had 3 weeks to wrap the key in a sheet of paper with a note written on it and mail it to your ex-landlord, or to go around to his place of business and hand it to him. Saying or thinking that you haven't been given the chance to return it is untrue, and unhelpful to your situation. It is normal for the landlord to have the locks changed if he ...


7

If a contract does not say what one of the parties wishes it would say, before signing it they should renegotiate the lease. Once the parties have an agreement as witnessed by signatures, a party cannot change the terms of the contract by declaring that some provision of the lease is a "typo". If they want to renegotiate the terms of the contract after the ...


7

In addition to the existing answers, it seems you may be overlooking some basic matters. As long as you pay in time, nothing happens. If you pay late and the lessor doesn't do anything, nothing happens. If you pay late, the lessor claims his late fee, and you pay, nothing happens. The courts deal with conflicts. No conflict, no court case. If you pay late ...


7

I'd like to suggest a frame challenge. You're asking "Can a landlord change a contract without your consent?" That has several good answers. There is another question you aren't asking, and hasn't been answered, and is very important. It is "What can the landlord do if you do not consent?" There are a lot of possible answers, but the most ...


7

Your lease states what your rights and obligations are: you cannot unilaterally change those terms, nor can the landlord. Providing a functioning lock on the door is a statutory obligation of the landlord, and the landlord gets to say what kind of lock is installed as long as the device functions, and isn't impossible for the tenant to operate. If the ...


6

At common law you do not need to sign a contract for it to be legally enforceable; it doesn't even have to be written down. Local real estate law may require a lease to be in writing (and possibly even signed). Putting that aside generally, the purpose of signing a contract is to: Show the intention to be legally bound. This is superfluous: they have sent ...


6

You have not mentioned your jurisdiction or details on the lease, but generally tenants are jointly and severally liable - which means that if he does not pay his share, the landlord can pursue you for it. In turn, you should be able to pursue him for the courts for his share of the rent. (This does not mean you will get paid - but does mean you can try ...


6

Can they legally charge this fee if it was not stated in the lease we signed? No. The landlord's conduct is in violation of Virginia Code § 55-248.7, which in its item G reads: No unilateral change in the terms of a rental agreement by a landlord or tenant shall be valid unless (i) notice of the change is given in accordance with the terms of the ...


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