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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 ...


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 ...


5

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 ...


4

In Texas, if the lease states that the landlord can inter for some purpose, the landlord can enter for that purpose. I assume there is no statement in the lease. Then the landlord has no right to enter except in emergencies and for routine inspections or repair. This right, however, stems from the courts and not statutes, and you could theoretically sue the ...


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

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

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.


2

If you are on somebody else’s property without permission you are trespassing The guest does not have permission because the host lacked the authority to give it to them. Trespass is a crime and people who knowingly do so are subject to arrest. The host has broken their contract with their landlord/body corporate and can be sued for damages and/or have ...


2

Wouldn't it be hard to kick someone out who never signed a lease? wouldn’t it be hard for the landlord to evict them since technically it was never agreed on what conditions the agreement could end? Section 52 of the Residential Tenancy Act lists the conditions the landlord needs to meet for his notice to end tenancy to be effective, as this is a ...


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

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

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 ...


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,...


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 ...


1

Stuff done “prior to signing” is unenforceable1 The contract says “as is, so as is it is. If you want to use the closet, providing you move and store the stuff safely (e.g. by hiring a storage locker at your expense or keeping it in your dad’s garage) and return it at the end of the lease, you can do that. 1 subject to some very narrow, technical ...


1

This site on Ohio landlord/tenant law says: Ohio’s landlord/tenant code does not include detailed rules when it comes to rental terms, but it does require that a landlord must include certain terms in the lease agreement. A tenant legally agrees to follow these rules when she signs the lease agreement. ... The lease should state when rent is due and ...


1

No A law applies where parliament (and the courts) say it does. A court would read those exclusions and if your agreement falls within them then the Act does not apply. Contract Terms You could refer in provisions of the Act as contract terms. Breaching them would then be a breach of contract but would not expose the breacher to penalties from the State (...


1

Can a California landlord require 60 days notice on a month-to-month rental agreement? No. California legislation does not appear to recognize clauses which require a tenant's notice to exceed 30 days. See Section 1946 of the California Civil Code: [A]s to tenancies from month to month either of the parties may terminate the same by giving at least 30 ...


1

No that isn't legal. big mold problem the mold in the apartment was making me and my kids sick Implied warranty of habitability breached. The rent is forfeit until the breach is cured. If we want to interpret it differently, that it is unusual for this level of mold to make people sick yet it does so for you and your family, we end up with ...


1

How about "no subletting" or "no short-term subletting" or "no short term rentals". You can, of-course, make a term which mentions AirBNB specifically, but that may not yield the desired affect as there are other similar options. Note that just putting something into a rental contract does not necessarily make it legal or otherwise, and the legality will ...


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