42 votes
Accepted

What's the impact of this late fee typo?

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 ...
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  • 7,967
34 votes

Unscheduled exterminator attempted to enter my unit without notice or invitation

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 ...
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  • 156k
27 votes
Accepted

Can I legally refuse entry to a landlord?

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 ...
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  • 13.1k
25 votes

In the UK, can a landlord/agent add new tenants to a joint tenancy agreement without the consent of the current tenants?

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 ...
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  • 147k
20 votes

Unscheduled exterminator attempted to enter my unit without notice or invitation

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 ...
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  • 89.2k
17 votes

Can you be held accountable for rent after you're off the lease?

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 ...
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  • 156k
16 votes

What's the impact of this late fee typo?

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 ...
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  • 147k
15 votes

Can a landlord force all residents to use the landlord's in-house debit card accounts?

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 ...
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  • 9,065
13 votes
Accepted

Waiving my right to not be evicted in a San Francisco lease

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 ...
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  • 156k
12 votes

In the UK, can a landlord/agent add new tenants to a joint tenancy agreement without the consent of the current tenants?

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 ...
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  • 2,905
11 votes
Accepted

What happens when a subtenant becomes the landlord in California?

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 ...
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  • 1,593
10 votes

Clarifying Escape Clause for Rental Agreement

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 &...
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  • 9,065
9 votes
Accepted

Landlord's LLC filed for bankruptcy, is that a breach of contract?

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 ...
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  • 147k
9 votes
Accepted

Landlord never asked for key back, now saying he will deduct from damage deposit cost of changing locks

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 ...
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  • 3,328
8 votes
Accepted

paying debt collector's invalid rent claim, then suing landlord for money back

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 ...
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  • 129k
8 votes

Is an email legally binding for booking an apartment in Germany?

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 ...
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  • 89.2k
8 votes

In the UK, can a landlord/agent add new tenants to a joint tenancy agreement without the consent of the current tenants?

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 ...
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  • 472
7 votes
Accepted

Is it possible for me to break a lease that is co-signed if my health suffers from staying at the apartment?

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 ...
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  • 295
7 votes

Is it legal for landlord to prohibit subleasing, under Texas law?

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 ...
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  • 5,537
7 votes

Are residential lease durations in Bay Area meaningless?

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,...
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  • 5,537
7 votes

Landlord never asked for key back, now saying he will deduct from damage deposit cost of changing locks

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 ...
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  • 252
7 votes

Fully Executed Lease with "typo"

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 ...
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  • 156k
7 votes

What's the impact of this late fee typo?

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 ...
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  • 4,786
7 votes

In the UK, can a landlord/agent add new tenants to a joint tenancy agreement without the consent of the current tenants?

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 ...
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  • 382
7 votes

Can my landlord require me to agree to third-party terms of service if they install a smart lock on my door during my lease?

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 ...
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  • 156k
6 votes
Accepted

Can I electronically "sign" a lease agreement?

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 ...
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  • 147k
6 votes

What if my roommate doesn't pay his rent

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 ...
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  • 3,328
6 votes

Can my landlord charge me a fee that does not appear in the lease?

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 ...
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