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 ...
- 8,378
33
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 ...
- 210k
26
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 ...
- 33.4k
24
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 ...
- 198k
19
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 ...
- 113k
18
votes
Landlord bait-and-switch regarding having pet
It's hard to imagine a jurisdiction where this would be legal, assuming that the facts are as you present them. Mainly, it comes down to what the lease actually says. If the lease says something that ...
- 210k
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 ...
- 210k
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 ...
- 198k
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 ...
- 9,225
15
votes
California: Is there a grace period when signing an apartment lease?
Once I figured out the term I was looking for was "cooling off period" a google search led to this SFGate article which seems to say, no, there is no cooling off period in California.
...
- 492
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 ...
- 210k
13
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 ...
- 3,179
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 ...
- 1,620
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 &...
- 9,225
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 ...
- 198k
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 ...
- 3,470
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 ...
- 195k
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 ...
- 113k
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 ...
- 820
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 ...
- 210k
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 ...
- 5,508
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 ...
- 210k
7
votes
Accepted
Conditions of a signed lease
You are likely now a holdover tenant, as you have stated that you continue to pay your original monthly rental payments. Check original lease and investigate what happens at end of lease.
P.S. As your ...
- 1,473
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 ...
- 198k
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 ...
- 3,470
6
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 ...
- 292
Only top scored, non community-wiki answers of a minimum length are eligible