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Recent Breaking a Lease questions

I'm a landlord and our house is in North Carolina. My tenant

Hi,I'm a landlord and our house is in North Carolina. My tenant voluntarily moved out early to purchase a home but verbally agreed to continue to pay rent until the end of the lease or when the house was re-rented.Do we owe the tenant a rent refund? We found a new tenant before the end of the original lease and begin marketing the property a couple weeks after the move out inspection.We're going to pay the tenant back their deposit minus landscaping fees. I don't believe we owe them a rent refund because it not outlined in the lease agreement plus we begin marketing within reason. It was not an eviction and the courts are not involved. Thanks.

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P. Simmons

Attorney

Doctoral Degree

35,674 satisfied customers
I have been living in an apartment for just over two months.

I have been living in an apartment for just over two months. The apartment above me have at least six children living there and only one or two of them are school age. So they play and jump and are so loud that plaster falls off the roof and my frames fall off the wall. The assistsnt manager my first month there said she was taking care of it. Three weeks lster she quit and there was never record of my complaints. So I started over with the new person who has been sending the neighbor complaints. Another month and its getting worse. Ive been diagnosed with chronic sleep deprivation. The children dont seem to sleep and their parents let them run laps all day and night. The manager says I can break the lease in sixty days. But this noise violates my lease. How do I get out now?

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RealEstateAnswer

Juris Doctor

30,430 satisfied customers
Yeah I moved into an apartment on August 12th of this year.

Yeah I moved into an apartment on August 12th of this year. Less than 30 days after moving in we had a termite infestation in our bedroom, which they came in and vacuumed them and told us not to open the windows. This left our house extrmeley hot and stuffy, but if we opened the windows termites were pouring in. So fast forward to this Sunday, they infested the apartment again and even more this time. The maintenance vacuumed them and then AGAIN yesterday they came back, and we found them in our clothes, shoe boxes, even eating into our brand new furtnireJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CAJA: Has any paperwork been filed?Customer: No.....we asked them very specifically if they have any issue with pests and they said no and did not include any type of disclosureJA: Anything else you want the lawyer to know before I connect you?Customer: No not at this point

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legalgems

Juris Doctorate

13,796 satisfied customers
I signed a lease for a home I hadn't seen per out of state.

I signed a lease for a home I hadn't seen per out of state. Terrible decision I know. Paid deposit but no rent money yet. Got here and didn't take keys or sign the walk through papers per home issues. The owner sent me videos of place but conviently left out a few rooms that are terrible. And outside has wires from the house ( cable, electric ect ) that hang really low and can be easily reached from the patio. Also a dangerous road with fast cars off of driveway. Am I stuck in the lease? Thank you

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Richard

Owner

Doctoral Degree

47,048 satisfied customers
I have been renting space in two rooms in my owner-occupied

I have been renting space in two rooms in my owner-occupied personal home, and would like to clear them both of tenants and use the house for family-only. One of my lodgers has stayed past their original lease in a month to month fashion, so I believe I can have him move out if I simply give him at least a month's notice.The other room is occupied by a single mom (and her young child) who has a lease through May. What I am wondering is: after the first lodger moves out, she will be the only (adult) lodger renting in my home. I believe that New York State law allows me to break her lease and ask her to leave, with just a month's notice, provided there is only one lodger and I wish to reclaim the entire house as a private home.Again, my question is: if the single mom becomes the only tenant/lodger renting a room in my house, can I break her lease and ask her to leave, according to NYS law?Sophie

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
I moved into an apartment in Littleton, CO (Arapahoe County)

I moved into an apartment in Littleton, CO (Arapahoe County) with urine on the toilet seats, a bathtub with stains, a kitchen sink that was falling out of the countertop, and dog and cat hair all over the apartment (it was not disclosed, to our knowledge, that the apartment had a pet in it previously, as my family has pet allergies). Are any of these violations of the law that would allow me to get out of my lease agreement without paying an early termination fee?

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RealEstateAnswer

Juris Doctor

30,430 satisfied customers
I signed a one year lease but have now come to find out that

I signed a one year lease but have now come to find out that this property is an HOA. I hate HOA's and had I known beforehand that this property was an HOA, I would not have rented it. I do not have time to do lawn maintenance and that is why I rent properties that already have lawn care included wit the rent. I received I believe three letters from the HOA about cutting the grass which wasn't that high to begin with. We just moved here July 30th,2016 even though I signed the lease on July 22nd. I borrowed a lawn mower and cut the grass and have now received a letter of non compliance stating:Following careful consideration of this matter, and in accordance with the Financial Penalty Resolution, the Board of Directors has determined the following: A daily fine of $15.00 has been added to your account beginning 9/8/16 due to continued non-compliance regarding lawn maintenance, specifically moss. Moss? What moss? this is the first time I'm hearing about moss and there wouldn't be a moss issue since I've only been here since the end of July. I want my $1600.00 deposit refunded and I want to move out since the HOA and lawn maintenance was not disclosed to me prior to me renting this property. Can I get my deposit refunded?

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RealEstateAnswer

Juris Doctor

30,430 satisfied customers
I am looking to break my current lease. I am renting from a

I am looking to break my current lease. I am renting from a private party with a very generic lease probably found online. I thoroughly checked the language in the lease, and clause 57 states "if the lease is terminated before the natural expiration of this lease, a levy of $1,100 dollars will be charged to the tenant". Considering this language, I am able to break the lease provided I pay the levy fee in which I have no problem doing. The lease did not give any specifics as to a notice period, but I did provide a 60 day written notice as a show of my efforts to minimize damage to the landlord. In your professional opinion, am I following proper procedure utilizing the specific language in the lease? I don't want the landlord trying to force me to pay money for the remaining months on the lease.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: GeorgiaJA: Has any paperwork been filed?Customer: No we are not behind or have been late on any previous rent amounts.JA: Anything else you want the lawyer to know before I connect you?Customer: No that is my only concern at the moment.

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Phillips Esq.

Attorney

Juris Doctor

18,316 satisfied customers
I'm back! The second realtor ask me to deal with the first

I'm back !The second realtor ask me to deal with the first one that I contacted.She got the landlord to a agree to refund provided I get a picture of my van which I did.Moving forward he asked to sign an agreement to break the lease, which I did.Then came back and asked trough the second realtor a document from HOA to release him for any lease obligation.At that point the second realtor tells me to deal first the first one that originate the lead to get the HoA form to release the funds.Now it's been a week and the original realtor has not returned mail, text or any of my calls.What in your opinion should I do now !Thanks

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Attyadvisor

Doctoral Degree

7,120 satisfied customers
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