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Recent Landlords Responsibilities questions

My friend received a seven day notice of non-compliance

My friend received a seven day notice of non-compliance (with opportunity to cure). The notification states stats: 'you are notified that you have violated your rental agreement and/or Florida law as follows: Tenant must comply with all association rules - grass in yard must be replaced' As she reviewed the lease, it clearly states under the maintenance section that the landlord shall be responsible for compliance with section 83.51, Florida statutes ............. and then clearly an x in the section that has lawn/shrubbery as the landlord responsibility. The letter from the property management company (dated yesterday) states they received a letter from the HOA, the property manager went to the home and found 'once again that the irrigation programmer box was set in the Off position.' My friend states she has never touched any switches on the irrigation box - located on the outside of the home. The letter goes on to state that ' The homeowner paid several thousands of dollars in 2014 to have the yard re-sodded and to now find the irrigation shut off, the grass dead and have a requirement from the Home Owner to have the grass replaced again is unacceptable. The owner therefore holds you responsible for this damage and attached you will find a notice requiring you to correct this problem within 7 days at your expense.' (as a side note - my friend moved into the home July 2015, the irrigation system was not working at that time, the property manager set a text stating it was fixed sometime mid-October). My friend also reached out to the HOA chair today and was told that this is an issue with the owner, not the tenant, sent a copy of the final notice sent to the property manager, where it is noted that the property management company had been notified 3 previous times. Questions - How is it possible for the property management company to determine fault? Then send a letter allocating the fault on the tenant? Determine that what is said in the lease is irrelevant? and then threaten the tenant with seven days notice or - according to the opportunity to cure - 'demand is hereby made that you remedy the non-compliance(s) within seven (7) days of receipt of this notice or your rental agreement shall be deemed terminated and you shall vacate the premises upon such termination. Also - how would you suggest a response to such a correspondence to the property management company? Thanks so much for your review of this situation.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,130 satisfied customers
New York state law regarding landlord responsibility for

New York state law regarding landlord responsibility for food loss due to power failure. Rochester NY was hit with major wind storm and RG&E power company lost servicer to over 100k customers. I am property manager of a multi unit facility with 600 apts and 1700 residents. our lease says act of gaod, force majure language.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: godJA: Has any paperwork been filed?Customer: New YorkJA: Anything else you want the lawyer to know before I connect you?Customer: nope

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RealEstateAnswer

Juris Doctor

34,950 satisfied customers
I wanted to get some advice and some clarification on a

Good Morning, I wanted to get some advice and some clarification on a situation that I am dealing withJA: Where is the property located?Customer: Temecula CAJA: Has any paperwork been filed?Customer: Not at this time I would rather not go that routeJA: Anything else you want the lawyer to know before I connect you?Customer: should I provide what is going on?

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RealEstateAnswer

Juris Doctor

34,950 satisfied customers
I have a lease with a tenant in an inlaw apartment. The

I have a lease with a tenant in an inlaw apartment. The power went out for 10 days in January and again for 7 days in February. The house is in Tahoe so its winter. when the power is out, the heat will not work. From the following in my lease, am I responsible for "loss of use" during the period that the power is out? (The power is out due to storms and the electrical company takes a long time to repair the lines because of the location of the house). Heres the section of the lease thats relavent: "DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. Additionally, Tenant is aware that flooding of the dwelling is possible and is due to city sewer systems and storms and river flooding and avalanche and landslide and Tenant will not hold Landlord responsible for damage to Tenant's possessions."JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has any paperwork been filed?Customer: i dont think so.JA: Anything else you want the lawyer to know before I connect you?Customer: I have a second query for the same incident...the same house is also rented as a "ski lease" and theres an "agreement" between myself and each "member" of the ski lease. The members are 11 individuals. This agreement doesnt state anything about non-habitable etc. However there may be some assumptive law in place for this situation - so Im wondering if Im liable for loss of use for the days when the power is out in this situation as well.

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INFOLAWYER

Attorney

Juris Doctor.

41,288 satisfied customers
My sister just discovered she has black mold in the single

My sister just discovered she has black mold in the single family dwelling she is renting. The home tested positive for the presence of black mold. In fact, the inspector said this is the worst mold case he has ever seen.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: She had to vacate the home and is living in a hotel but her money is running out. He lease expired in November and she is renting the house on a month to month basis. This is in Jacksonville, FloridaJA: Has any paperwork been filed?Customer: No paperwork has been filedJA: Anything else you want the lawyer to know before I connect you?Customer: She wants to know her rights and the landlord responsibilities

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,130 satisfied customers
I am a renter, and a week ago there was flood / water leak.

Hi there, I am a renter, and a week ago there was flood / water leak. It's hard to explain, but I have a video. They put me in a hotel right away, for three nights, but I'm now back in the old apartment. The issue I have is that I can't afford to move. They've offered me another unit, but they won't pay for the move. The finally agreed to give me $500- for the move, but only if I sign this waiver that basically says I will never sue them for anything. So, I'm still here in this apartment. There's a giant hole in the ceiling. It smells. They say it's habitable. I beg to differ. They are giving me access to another unit tomorrow, but no coverage for moving. I have to submit it to my renter's insurance, and then the insurer, according to the property manager, will go after them for the money.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,130 satisfied customers
My husband and I are currently renting a residential

Hello, My husband and I are currently renting a residential property and have some questions about our rights as tenants to end our lease early.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: We are in UtahJA: Has any paperwork been filed?Customer: No. We do have a rental contract.JA: Anything else you want the lawyer to know before I connect you?Customer: We are looking for advice at this point about what our rights are. Not sure if we want to go to small claims court.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,130 satisfied customers
I JUST PUT A DOWN PAYMENT ON A COMMERCIAL SPACE ME AND CLUB

i JUST PUT A DOWN PAYMENT ON A COMMERCIAL SPACE ME AND CLUB ARE RENTING. DURING THE WALK THRU, I NOTICED BLACK MOLD ON THE WALL, AND A LOT OF RODENT DROPPINGS. THE LANDLORD IS GIVING US 45 DAYS RENT FREE IN ORDER TO FIX THE PLACE UP, I WAS WONDERING , IS THE LANDLORD RESPONSIBLE FOR FOR REMOVAL OF THE BLACK MOLD AND THE RODENT PROBLEM, OR ARE WE???

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,130 satisfied customers
I am a landlord. Recently, it was discovered that 2 light

I am a landlord. Recently, it was discovered that 2 light bulbs in a common area were part of a tenants electric bill. The electric company wants us to pay $2,000 for an electrician to correct this problem and install a meter to cover the usage of those 2 bulbs in that common area, along with its monthly service charge. This would result in a substantive increase in rentals for tenants that we wish to avoid. Is there any reason why I can't include that wiring in a lease arrangement with the agreeable tenant. We have lowered her rent to more than cover any added costs for that electric usage, but the electric company is insistent.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: I have filed a complaint with the PUC and have received a statement similar to what the electric company stated. I must now respond to the conclusion of a judge from the PUC.JA: Anything else you want the lawyer to know before I connect you?Customer: The tenant is in full agreement with me and, as a result of these actions has lost LIHEAP funding because the electric bill is now the landlord's responsibility.

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Loren

Juris Doctor

42,424 satisfied customers
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