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 ...


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 ...


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 ...


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 - ...


5

A landlord may have an agent, whether an employee or a family member, prepare an itemized statement of deductions on the landlord's behalf. The landlord is just as responsible for its contents as if the landlord had prepared it personally, and the tenant need not know or care who actually prepared it. If it is knowingly excessive, that may constitute bad ...


4

Is this charge legal in Georgia? No. It seems unlawful. First, it appears that the landlord was negligent and failed to mitigate damages. Since in general utilities are billed monthly, it is unreasonable for the landlord to have waited this long for a $2 charge that occurred on the first day of your tenancy. Second, legislation typically sets a deadline ...


3

Your contract is the only relevant one in your relationship with your landlord If they have broken it you can sue for damages. However, you have to actually read the lease to see if they have broken it - if they are doing something the lease permits, they haven’t broken it.


3

Given California law regarding security deposits, especially the part about the initial inspection, it seems that you had prior written notice of the damage to the paint, and relying on ?verbal statements by the landlord that it required "repainting a few scuff marks, but it shouldn't cost you too much", you let the landlord effect repairs (rather than doing ...


3

In a normal residential lease, the tenant is responsible for damage beyond ordinary wear and tear. Scuff marks may or may not be ordinary wear and tear depending on their severity and how they were caused. For example, scuff marks in a hall or stair caused by normal movement would be ordinary wear and tear and therefore the landlord's cost while a scrape ...


3

you cannot be compelled to accept a modified lease that you never agreed to, and that was not even shown to you when you discussed the issue. You should notify the management in writing at once that you reject this "offer" and do not plan to transfer under those terms.


3

Possibly If the texts are sufficiently precise that they constitute offer and acceptance then they would create a contract notwithstanding that “some documents” were never provided. First, your offer must have been sufficiently clear that it was open to acceptance by a simple “yes” or “ok”. Given that you had a lease, a simple offer to have another one ...


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

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

No, you don't need to physically be there. The landlord may be required to refund some rent if they rent it out early. They may also not be available for a walk through until your last day, so you may need to show back up. Technically if you pay rent for the month the apartment is yours until July 3. You can turn the keys in early.


3

If it says "no pets" in the leasehold, then yes, that is enforceable. It doesn't have to be reasonable (in your opinion, or objectively) to be enforceable. Your choices are to either negotiate different leasehold terms, or to find a different leasehold.


3

Yes, you are still obligated by your contract. In general, the existing states of emergency do not cancel contracts or suspend portions of contracts. In some states, eviction proceedings are on hold, and that is as far as overriding contracts goes.


2

Apparently, Yes in Epic Systems Corp vs Lewis the US Supreme Court wrote: The Federal Arbitration Act (FAA) generally requires courts to enforce arbitration agreements as written. See 9 USC §§2, 3, 4. The Act’s saving clause—which allows courts to refuse to enforce arbitration agreements “upon such grounds as exist at law or in equity for the revocation ...


2

"an agreement by email for the cost of rent and damage deposit etc." may well constitute a lease. If it doesn't specify a term or ending method, it is probably a month to month lease. If nothing is specified about notice to leave, you probably should gt 30 days notice. The law in BC is the Residential Tenancy Act. However, many localities have laws that ...


2

I'm guessing there was no formal hearing regarding the sanitary code and no order to vacate was issued. As such, you broke your lease and are subject to the penalties outlined within it. I don't know if you gave proper notice or not, but loss of your security deposit and an additional two months rent sounds reasonable for abandoning a lease. In Massachusetts,...


2

Here's what the Dalhousie University Legal Aid Service says (PDF, p. 25–29): A sublet is a type of rental agreement between a tenant and a subtenant. This means that the tenant of a rental unit finds someone else to rent their unit from them for a period of time. Therefore, in a sublet the original tenant becomes a master tenant and the new tenant becomes ...


2

BC law requires tenancy agreements to state the tenancy period, which your landlord set as August 4th 2019 until May 31th 2020. There are exceptional circumstances allowing early termination of an agreement, the only relevant one being that both parties agree in writing (I assume you are not fleeing family violence and don't require long-term care). If you ...


2

You are responsible The “public mains” are the infrastructure owned by the utility (and are the utility’s maintenance problem). From those, to the point where it enters the building (or your unit for a multi-unit building), they are the landlord’s problem. Within your leasehold they are your problem. Notwithstanding, a leaky tap is probably a worn washer ...


1

Is this just standard lease boilerplate that my friend shouldn't be too worried about? One should never disregard a clause under the belief that it is "standard boilerplate". The purpose of written contracts, such as a lease, is to supersede --or at least formalize-- ordinary or standard relations. Accordingly, parties to a contract should always expect ...


1

What does this mean The Black's Law Dictionary defines "exclusive right" as "one which only the grantee thereof can exercise, and from which all others are prohibited or shut out". The clause you reproduce provides that the rights are not exclusive. This means that a party/obligee/grantee may subrogate (that is, transfer to someone else) his right, and ...


1

Both parties have to abide by state law, which supercedes anything in the lease. If your lease requires X and the law forbids X, X is forbidden. If the lease fails to permit X but state law allows X, X is permitted. If the lease forbids X and state law does not forbid or mandate X, X is forbidden. So even if the lease does not specifically allow eviction, ...


1

No. Your statements are not legally binding, nor are the landlord's. Your statement indicated an intent to form the legal relationship between landlords and tenants, as did their reply. This alone is not sufficient without the other components of a contract, which would have been included in the "documents to sign" and their signing.


1

It’s the tenant’s responsibility to pay the rent Not doing so, even for reasons beyond the tenant’s (but not the landlord’s) control is a breach of contract. It’s not enough that the tenant made reasonable effort - they have to succeed. Breach of contract entitles the landlord to damages - it does not entitle them to a penalty. Damages are the reasonable ...


1

Are standard apartment leases' hold harmless clauses legally enforceable? The clause you posted seems mostly enforceable on the substance. The language "[any people] with Residents' permission" is key. Note that permission need not be explicit and can be inferred from the facts. The rest of the clause is "tautologically" valid since its scope is limited by ...


1

It primarily depends on whether you are legally subletting a room, or is this just something that your friend let you get away with without the landlord knowing. To claim legal protection as a tenant, you have to be a legal tenant, meaning that this subletting arrangement must be consistent with the terms of the lease and local law – most likely requiring ...


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