13

Fair wear and tear Means the normal deterioration of a property from ordinary, everyday use. Exposure to the elements, time, as well as day to day living can cause fair wear and tear. Breakages as a result of normal use are also wear and tear. Damage is either intentional or a result of usage that is not normal. So, if the closet has failed through normal ...


5

Can a landlord (UK, English law) make a claim from a potential tenant who wants to back out of signing a Tenancy Agreement? No. Your description reflects that in this particular scenario there is no tenancy contract. The only actual contract relates to the holding deposit, and your description suggests that both parties fully complied with their obligations ...


5

ARS 33-1343 allows the landlord to show the place, with two days notice. None of the executive orders suspend this aspect of the law: the eviction order is directed at law enforcement, and orders a temporary delay in enforcement of eviction orders. The governor does not have clear constitutional or statutory authority to suspend all or part of ARS 33-1343. ...


3

The landlord is in breach of the contract You have three options: Accept the breach, Take legal action, Negotiate some other agreement. Option 1 means you put up with the situation, option 2 means you annoy the landlord - both options suck. If you go with the second option you could seek damages in the small claims court. If you want an order for the ...


3

The tenant is responsible for damage beyond “fair wear and tear” which this obviously is. If it is as bad as you suggest then it may require professional forensic cleaning which can run to thousands of pounds. At some point, things like carpets etc. can be cheaper to replace than to repair. There is no upper limit (beyond, at the extreme, the cost of ...


3

My questions are, where does this put me legally and what are my options? . . . Also, if I want to keep the tenants, how should I proceed? And if I don't want to keep them, do I have that option? Your Rights With Respect To The Tenants If the agency is telling the truth and the agreement made with the agent was for four tenants but their records and ...


3

The relevant part of Texas law is in the property code, §§92.101-92.109 §92.104 allows them to "deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease", and then they must "give to the tenant the balance of the security deposit, if any, together with a written description and ...


2

Under section 214 of the Housing Act 2004 (as amended), the penalty for not protecting the deposit is considered separately from the deposit itself. In the case where the tenant has already moved out (emphasis mine): (3A) The court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the ...


2

These articles (#1 (and read the comments too), #2) seem to suggest that there is a bit of a grey area here. On the one hand, tenants have the right to "quiet enjoyment", which (among other things) means that the landlord cannot enter the property without the tenants' permission, except in case of dire emergency. So if you say no, the landlord (or their ...


2

The amount is not capped, and a social housing landlord is quite likely to use a cleaning contractor. It may be cheaper for your friend to pay a cleaner directly rather than waiting for the landlord to use their contractor. This is the sort of cleaning contractor that deals with vacated property cleans http://www.cleansafeservices.co.uk/commercial-...


2

You broke the lease, which is a contract, and under general principles of law the landlord is entitled to compensation for his losses (the rent owed). You would probably not owe the entire year's worth of rent: the landlord has an obligation to mitigate his losses (for example RCW 59.18.310 in Washington), by re-renting the unit ASAP, but at least a month's ...


2

You can and should hire an attorney. The thing with evictions is that there are lots of motions that can be filed, under RCW 59.18.410. The landlord may have filed a motion to execute a writ of restitution. You would have been served with notice of a hearing; but that does not mean that you actually got the notice (see the notice sections of the law). It is ...


2

“We want a rolling contract and won’t agree to a fixed term” ... is an unassailable argument. You choose when to enter a contract and on what terms - freedom of contract is fundamental to English law. You are correct that if neither you nor the landlord give notice to end the tenancy it becomes a periodic tenancy. You cannot currently be evicted but you ...


2

The landlady is entitled to her opinions You don't have to listen to her about them. It's your home. Your landlady can only enter with your permission or by strictly following the requirements of the lease and the law. These are unlikely to require you to listen to her personal opinions. Make it clear that she is no longer welcome in your home and that if ...


2

In my non-expert opinion, I believe the letting agent is correct. As far as I can tell, a renewal is limited to making a new tenancy agreement with the same tenants. From Shelter's website: Changing or assigning your tenancy You can be charged £50 if you want to change a term in your tenancy or assign it to someone else. The landlord can only charge above ...


2

The contract is not frustrated The fact that your daughter cannot reside in the premises for a period or that the landlord cannot show the premises does not amount to frustration. If the property had burned down - that might be frustration (if the lease didn’t contemplate that - most do). Unfortunately, your daughter is obliged to comply with her obligations ...


1

Well, you can agree to pay the difference Which is what you would legally be obliged to pay if you broke the contract anyway. Look, but if you break the contract the landlord is entitled to damages that place them the same position as if you hadn’t. That’s 7 months rent at the amount you agreed. If they or you can find an agreeable tenant at that (or a ...


1

If you pay rent per calendar month, you pay the same amount each month on the same date. In your case, the 30th. The rent is calculated by dividing the total for the year by 12, or by multiplying the weekly rent by 52/12 (4.3 recurring). You don't pay for 31 days in January, 28/29 in February, 31 in March, 30 in April etc.


1

To add to the other answers: evictions have not been banned, but the notice period has been extended to 3 months for both section 21 ("no-fault") and section 8 (specified reasons) notices. However, if the landlord serves notice, you are not required to move at the end of the notice period (though it is common for tenants to do so). Instead, that is merely ...


1

A lot could change. But right now, you're entitled to 3 months' notice. I suppose the landlord could serve you notice on April 30 that you are out at the end of July as planned. If the landlord waits until May 31 to serve you 60 day notice per the contract, and that clause is still active, the notice will have to be for August 31. So you are ...


1

I wanted to know whether it means that the minimum length of the contract is 8 months or 10 months. The first interpretation is correct: 8 months is the minimum. The clause does not require that the notice be made upon 8 months of tenancy. It only requires that (1) the anticipation/notice be of no less than two months prior to the date the termination will ...


1

Does point 9.1.b) basically say that I can leave whenever (except in those cases mentioned at 9.1.c) ) as long as I notify them 30 days in advance? Yes. The clause conclusively entitles you as occupant to terminate the license prior to May 2020 (subject to 9.1b and .c). The interpretation that the "31 May 2020" term is in addition to the requirement of a ...


1

I have recently signed a tenancy agreement (England) and have now decided I do not wish to live there. My guarantor has not yet signed their guarantor agreement. Does this make my tenancy agreement void? No. At most, it makes it voidable by the landlord if the landlord doesn't want to enter into a lease unless you have a guarantee (assuming you have ...


1

There's the Warranty of Habitability principle, which says that every lease implicitly guarantees that the property will be suitable for habitation, and having random people traipsing about during a pandemic does arguably impair the habitability. There's also the Americans with Disabilities Act, which says that people with disabilities can ask for ...


1

You are correct that the landlord can't evict you with less than two months notice. However note that you might want to avoid enforcing that because a good reference from your existing landlord is likely to be very helpful when looking for other property. According to this page on the government website: You may be able to apply to a tribunal to reclaim ...


1

Essentially: your position is that a rent increase of that magnitude seems unreasonable; the landlord seeks to have an agreement such that they can lawfully increase the rent by 3-8% at their discretion at the end of each term; the landlord seeks to have an agreement such that you cannot legally challenge the increase. Should I be worried about this ...


1

I have been given a section 21 [of the Housing Act 1988] notice but I don't have an address in England and Wales to which I can service documents to, as specified by section 48 [of the Landlord and Tenant Act 1987]. Does this invalidate the section 21? According to an article on Landlord Law Blog which addresses this very question, no: Section 21 ...


1

You seem to have covered every issue I can think of that would lead to a reasonable refusal. But I have no way to know what issues may be in the mind of the agents. In the end, all you can do is ask. If the agents refuse, and they don't provide any reason you consider to be reasonable, you could sue, and it will be up to a court to determine if the refusal ...


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