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I live in Flower Mound and spend $1600 in rent and I have

Hi, I live in Flower Mound and spend $1600 in rent and I have had several issues with the apartment we live in. We have had a several insect issues and now this past week my little boy's room has black mold all over the bottom part of the wall. To top it all off when maintenance came to work on the wall they opened the window and took the screen off and let a rat or rats in. I heard something early this morning and I saw in the corner of the door to our apartment had been damaged as if something was trying to get out. I would like to know what rights do I have and what steps should I take because we just renewed our lease in May and we are having all these issues?

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Roger

Litigation Attorney

Doctoral Degree

33,418 satisfied customers
We have tenants that sent us a certified letter, a Request

We have tenants that sent us a certified letter, a Request for Mutual Rescission of Lease. In the letter, they say that the date on the letter will begin the 30-day notice to terminate the lease early..."At the end of the day on September 15, 2016, we will return our three(3) sets of keys and vacate the premises...". They requested a 7-day response and we denied, since we did not wish to sign a rescission. They say they have met with the Berkshire County Regional Housing Authority and they have informed them of their rights as tenants, etc.Bottom line is after sending them the denial to sign the rescission and offering them an alternative of a termination to be effective 10/31/16 or when a new tenant is found and a new lease is signed, whichever occurs first (as stated in the current Lease), we have not heard anything back from them with regards ***** ***** Can we hold them to their 30-Day notice if we didn't sign their request to rescind the Lease? We have not released them from any responsibilities under the terms of the lease.The issue we are having now is that they are denying entrance to have repairs done. Example: we have an electrician that is supposed to be installing grounded outlets and bathroom fans (both requested by them). On 8/20/16, we sent an email informing them that he would be there 8/24. Today they denied entrance, saying they need 24 hours advance notice, which they had, but apparently they felt it was important to inform us at the last minute that it wasn't convenient for them... So, we rescheduled the service to Friday 8/26. Now they are saying that isn't convenient for them. It is obvious that they are playing games now. What is considered "unreasonable"? Can we proceed with repairs regardless of whether or not it is "convenient" for them? (The tenant that is giving us a hard time has not been living there since July, according to a previous email that she sent to us!)Our lease says, "...Tenants agree to allow the Landlords or their agents to enter the dwelling upon reasonable advance notice in order to inspect, repair...The tenants will not be unreasonable in denying entry. Landlords may also enter the property without prior consent if it appears to have been neglected, abandoned or if there is any indication of an urgent or emergent situation (actual, suspected or otherwise) and as otherwise permitted by law or court order...". It also stays that we will enter the house monthly to perform regular maintenance checks on the plumbing, furnace, etc. and that we will make arrangements in advance.Questions:1.) Can they deny entrance for repairs repeatedly? If it were an apartment complex and the manager had repairs scheduled, the tenants informed of the work and they would be expected to comply and not interfere.2.) We've informed the tenants of repairs/work that is going to be done in September, too. We are having a new roof installed and work done in the family room. This is scheduled for September 15th. What can we do if they claim it is not convenient for them? They've been given MONTHS advance notice. We can't reschedule this appointment that was made many months ago.3.) Since the lease states that they may be responsible for attorney fees, etc. that we may incur as a result of trying to enforce the terms of the lease, would this apply to them being unreasonable, too?4.) What is the MA Law with regards ***** ***** repairs/work done on a rental property? Can the tenant interfere with scheduled services if they've been given appropriate advance notice?

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legalgems

Juris Doctorate

13,488 satisfied customers
I understand that there's a Georgia statute that requires

I understand that there's a Georgia statute that requires municipalities to obtain drainage easements before they divert storm water run-off from one of their roads onto private property. If this is correct, can you please help me identify the statute?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
We are currently renting a 3/2 property with a detached

Good Afternoon, We are currently renting a 3/2 property with a detached A/C'd garage that also contains an additional room. We are currently using that space as a family room & the room in there as a bedroom for my oldest son. We are not renting from a private owner, it's a big corporate company. 2 weeks & 2 days ago without any warning or stains, that ceiling out there caved in a bit. It was about a 2x2 collapse during a huge rain storm. The next day we contacted maintenance to come look, add a tarp & call roofers. The day after a roofer come to go on roof & provide corporate with estimate. In the meantime, it's now 2 weeks, 2 days later & we have never seen maintenance. What was a 2x2 issue has turned into a 7x8 collapse because it rains daily here & we're personally having to place buckets, & clean up moldy drywall daily as it falls & the additional water that pours in daily. There is still no tarp. I've contacted maintenance everyday. I've also contacted our local property manager & also their corporate office in AZ. I get the same response everytime "sorry for the trouble, we'll get a tarp placed asap." "I was also told they rejected the original quote from roofers & are going back & forth on that. We have yet to see anyone. We now have a brown leak stain in the main house, which we also reported & nothing for that either (we reported that one the day it appeared also.) I did have my 18 year old go on that roof & place a plastic tarp that I had to go purchase myself so that roof doesn't cave in like the other. I can't get on that collapsed roof for it's pitched & we'd honestly fall in. How do we proceed? We'd lived her for about 2.5 years, pay $2200 per month in rent, have never been late on rent & have never had any complaints or anything. I'm very concerned because we may be getting this tropical storm now this weekend. Plus why do I pay so much money if I can't even get a maintenance guy to appear for a major issue. I know I can't not pay my rent on the first, but man...I'd like to get a comp or something for my having to take care of this myself. Please advise.

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Damien Bosco

Attorney

Doctoral Degree

2,736 satisfied customers
I am curious of my legal standing in disputing a termination

I am curious of my legal standing in disputing a termination of lease, including no penalties, and non-payment of further rent while vacating.8 months into a 12 month lease we had a City of Portland inspector from the Bureau of Developmental Services inspect our apartment for possible code violations. This was prompted by mold on our bathroom ceiling and my inclination was they were in violation. I bathroom has neither a window, nor a vent. Regardless of mold, which was covered in their mold addendum, it creates a hospitable environment for such and no way to properly manage it.The city report also covered some 15 violations, 4 of which were health, safety sanitation violations. Including construction being made without permits. Our apartment was not deemed unlivable but these issues are extremely concerning nonetheless.I have proposed the solution of our 30 days notice commencing on written approval of their agreement to no contractual early termination penalty, full refund of our deposit, and non payment of rent during our process of vacating.I am curious of our legal grounds moving forward, i do not wish to seek damages beyond what i have outlined in our separation agreement. I would like to move forward with finding and securing a new apartment to live in, without making a hasty uninformed decision.

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Asad Rahman

Attorney

J.D.

2,774 satisfied customers
I own a condo in Century Village, Florida, I also own a

I own a condo in Century Village, Florida, I also own a private home in New Jersey. The condo in Florida was originally mom's and transferred to me via a Quit Claim Deed. It became a huge burden, as Medicaid forced me to pay for it for 4 yrs while my mom was on Medicaid. They told me if we foreclosed on it or did not sell it for what they felt it was worth they would drop my mom from Medicaid. The condo is in bad condition and needs costly repairs, it has not been updated since 1972 with electric, plumbing, and more.*** Problem Now: My mom passed away and Medicaid Recovery now put a Lien on the condo. If I stop paying the Taxes, Association fees, Maintenance fees, because my name is ***** ***** on the deed, can they lien my New Jersey home? I heard that the tax dept can only put a Lien on the Florida Condo, is this correct? Can the Association and Maintenance Firm go after me personally and Lien my New Jersey Home or personal bank account.

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Damien Bosco

Attorney

Doctoral Degree

2,736 satisfied customers
I purchased a home and allowed the sellers one month of zero

I purchased a home and allowed the sellers one month of zero rent back due to them building a custom home that may not be ready on time. In the contract, they demanded that we would not get a key upon closing and instead would get one at possession on 9/2. Well our new house is only 6 blocks from our rental and we witnessed them moving out on 8/5. They are claiming to still live there yet we drive by several times a day and see the vacant house and them nowhere to be found. The yard is dying, which they are contractually obligated to maintain. The contract does say we are entitled access to the house with 24 hr notice for inspection and any other logical reason. We gave a week notice for inspection and they refused to allow us in. Our agent said it would be a breach of contract to refuse per the inspection clause, so now they will not get back to us via phone or email to arrange allowing us into the property. Since we do not have a key and they are refusing to allow us into a home we now own, are we able to force entry and change the locks? Our agent said while they have to allow us access for the inspection, the contract does not state what we are allowed to do if access if denied and said I would have to seek legal counsel. We closed on the house on 7/22, their agent told us they closed on their new house on 7/29 and moved out on 8/5, and they just don't want to allow us in early for no reason. According to their agent, "they are having a hard time saying goodbye." We have also asked for a copy of their tenants insurance policy and they keep delaying on that - sent us the policy for their new home "on accident" and we asked for the correct documentation and they went MIA again. What can we do? I would like to force entry and change the locks if they still do not allow us access to the home for inspection.

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Loren

Juris Doctor

36,238 satisfied customers
I have an easement to my house..The water line is also on

I have an easement to my house..The water line is also on this easement..I have lived here for 30 years..Have not had to pay for repairs to water line except when problem is on my personnel property..The landowner who has the easement has always done the repairs. There is a new owner. He now wants a monthly fee for repairs..Because there was a leak right outside his bedroom window which he did nothing about for almost 2 months..The water bill was over 2 thousand..He said he didn't have time to locate leak ..He doesn't know location of his water meter. What rights do I have with water provided along easement ? Thank you,,,Laurel Tucker

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J. Warren

Attorney

Doctoral Degree

4,092 satisfied customers
I inherited a condo in a gated community in 1989. However, I

I inherited a condo in a gated community in 1989. However, I was not 55 years of age, and passed it over to my father, who put both our names on the deed. I have been there every week, in and out having owned 3 other houses in different areas. My father passed over a year ago. I intend to keep the condo and use it as I have been. I will not rent it as it has been in my family since 1971.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Recently, I went to get the new barcode for opening the gate and they advised me that because I was NOT a full time resident (I was too honest !) I could not enjoy the amenities of the village, even though I am paying full maintenance (for 2, and I am only 1) and have been there longer than most, even the administration.JA: Well, we require $5.Customer: Can they do this ? Leisure Village Original, Lakewood, NJJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: that's basically it. Although, I asked them about "the SnowBirds" that are up only for the summer and they have their amenities. They said that they are temporary residents, so I said then put me as a Temporary if that is required. "NO, you are not full time !"

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Irwin Law

Juris Doctor JD

8,424 satisfied customers
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