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 ...


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 ...


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

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 ...


6

Can Y and Z sue X for the "unpaid rent" after the [insert date]? No. The lease is a contract between landlord L on one end and tenants X, Y, and Z on the other end. The amendment merely modifies the latter to Y and Z. This is even clearer if the contract contains provisions such as "tenants are severally-and-jointly liable to the landlord in ...


5

If the Premises are not vacated by the current renter and all personal property removed therefrom by the Start Date, [...] The clause is pretty much in the contract to allow canceling it by either party in case the previous renter does not move out or left it wrecked: if the landlord prolongs the other lease, he can cancel your not yet started lease at the ...


4

The emails both are and are not hearsay If the landlord seeks to use them as evidence that you did the things stated in the emails, that’s hearsay. However, if he seeks to use them as evidence that he received complaints about you, that’s not hearsay. Notwithstanding, this is no doubt a hearing in a tenancy tribunal or small-claims court - strict rules of ...


4

Acceptance of an offer forms a binding contract under German law You can accept a contract orally, by action or, as you did, in writing.


4

The signed contract captures intent of 3 parties. In sequence of time: #1 there were electronic conversations that were capturable. #2 ???? #3 A contract was signed, on paper, in ink, amongst all parties contradicting #1. You can drag both documents into court if you really want to... but a court will look at the dates, and it'll be an easy call. The court ...


4

No, for the reasons others have stated. You may also wish to ask the letting agent (or the landlord or his lawyer) to put it in writing that "once three candidates have been nominated by the tenant wishing to leave the agreement, [the remaining tenants] must [sic] accept one of the candidates". I am not sure what jurisdiction you are in, but ...


3

If the tenant and the landlord dispute the amount to be repaid, the amount repaid is arbitrated by the TDS used. This is what is currently happening. Deductions can be made for costs incurred to the landlord by the actions of the tenant, such as: Unpaid utilities or rent Damage to the property caused directly by the tenant or indirectly by the tenant's poor ...


3

No they can't. The lease says the premises need to be cleaned without going into details how. You cleaned them yourself before moving out. If the landlord was not happy with that, they should have raised their concerns and discussed options. The security deposit that the landlord holds is only supposed to be used when something goes wrong. When something ...


3

The old terms apply ... ... until the landlord gives notice and ends the lease - then the tenant has to get out. This is not inconsistent with the requirement to “execute all revised rental agreements upon request” - unless and until new terms have been agreed, there are no “revised rental agreements”, once there are, the tenant can be requested to (and must)...


3

In any legal dealing, there is always some risk. The signature constitutes definitive proof that you have a contract, but you still have a contract, because you have mutual acceptance. A far-fetched scenario is that the lessor could allege that they did not agree to the terms of he contract with you (perhaps claiming that you obtained a blank contract form ...


3

Is it possible to break my lease without a penalty due to this? No. A reminder to the landlord or reporting with the authorities the violation is most likely to dissuade the landlord from incurring nuisances earlier than 7AM. The landlord might be mindful enough to ensure that work done between 6AM to 7AM does not disturb tenants. Even if the landlord ...


2

Disclaimer: I am not an attorney nor someone who is skilled in contract law. 2019 Florida Statutes > Title VI - CIVIL PRACTICE AND PROCEDURE > Chapter 83 LANDLORD AND TENANT §83.51 Landlord’s obligation to maintain premises. (1) ... The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family ...


2

The general rule is that if a tenant will not leave on their own accord, you have to get a court order to evict them, which the sheriff will enforce. Whether or not you can get such a court order and get it enforced is up in the air right now (July 6 is one day when things might change). In the normal case, you would file a holdover case, because the lease ...


2

No, they can't. They are required by law to issue a Einzugsbestätigung when your indended stay is longer than 3 months when staying in a hostel or pension or another form of temporary accommodation. The rule for temporary residence (up to 3 months) have many exceptions Youth Hostel are exempted Hotels, Pensions have a simplified registration (Hotel ...


2

Typically these cannot be claimed as damages in small claims court. There is no specific information in the CA small claims court information that I can find, but as a typical example they cannot be recovered. They can be recovered via personal injury cases (to the extent that the injury caused the lost wages, not the preparation for the case), but I'm not ...


2

there was absolutely nothing in the letter. You could hold it up to the sunlight and see that it was empty. There is no legal reason to do this. Somebody screwed up. Office workers are not infallible. It happens. I've seen government officials with no grudge against my client do it too now and then. Taken together with the spelling errors in your name it ...


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