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Recent Rental Agreement questions

In Illinois, can both spouses be held liable a house rental

In Illinois, can both spouses be held liable for breaking a house rental lease even if only one of the spouses signed the lease agreement? I believe this is covered by Il Family Expense Act, but I'm not certain.

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LawTalk

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Juris Doctor

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What is the law if we are looking house to buy but currently

What is the law if we are looking for a house to buy but currently have a rental lease in MA?Can we legally break the rental agreement if we go to buy a home?

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RealEstateAnswer

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I have a holdover seller. Grandview Wa. 98930 They refuse to

I have a holdover seller. Grandview Wa. 98930 They refuse to leave and will not sign a rental agreement. Do I need to start an eviction notice with help of a lawyer. Thanks Tony

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legalgems

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There is a writ, from a court to go--oral lease, in room in

Hi--there is a writ, from a court to go--oral lease, in room in philadelphia county---but house sold may 20 to new owner---no reason given,--other people in home receivedletter saying unknown occupiers---mine separate with name--- what can I do? why cantwe just contine to pay rent?

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RealEstateAnswer

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If a landlord found a possible error where they may have not

If a landlord found a possible error where they may have not collected enough rent, how long does the landlord have to find and collect for this error? For example, the alleged error occurred in March, but was just discovered and the tenant may have to repay or provide proof.

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LawTalk

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In California. Have a 2nd home that I was renting out.

In California. Have a 2nd home that I was renting out. Tenant stopped paying in May. Tenant was given 3 day pay or quit by process server as drawn up by an eviction lawyer. Tenant did not respond. Unlawful detainer filed on July 14th. July 15th the tenant's electricity was turned off due to non payment. Tenant was served with unlawful detainer on July 17th. Lawyer is telling me to get the electricity turned on. The account was in the name of the tenant. Lease agreement states tenant is responsible for all their own utilities. Lawyer's office is telling me that I should go turn the electricity on for them. It seems apparent that the tenant is going to stretch this out as long as possible. please help me understand why it would be advantageous to have the utilities put back on under my name. This is very confusing and the lawyer's office has not been very helpful in answering questions. I only chose this lawyer as they were local to me.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: Only via email with someone in the office.JA: Anything else you think the lawyer should know?Customer: Other than a lengthy timeline, not really. Sorry. I am new to this

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Roger

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I have a tenant who has not paid rent and looks like he's

I have a tenant who has not paid rent and looks like he's abondoned the property he has disconnected water last month and looking through the window he has moved all his Furniture already just for a few things outside and a couple of boxes.I pasted a notice to his front door about giving him 7 days notice before we take back the house then he calls me today and says he still lives there and I have to go through legally to evict him.Can I say he's abondoned propertyHasn't paid rent for 2 months or electric bilk.

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Loren

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We subletted an apartment without the landlords

we subletted an apartment without the landlords authorization. Now we are trying to get the tenant out and he is refusing to do so. How do we get the tenant out, police can help?

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Legalease

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On 4/29/2016 we received a 90 day notice renewal offer,

Hi, my name is***** 4/29/2016 we received a 90 day notice for a renewal offer, raising our rent from $735 a month to $1,035 a month. We had signed a 6 month lease over 2 years prior and were at that date on a month to month basis. This notice stated that we had until 5/13/2016 to sign the new lease or we would automatically be put on a month to month and our rent would go up to $1,535 a month. (Later we were verbally told that the actual date to sign a new lease was 5/24/2016, the date was printed early on the notice to ensure that if some tenants were late getting their new leases signed there would be a grace period for them to protect against the outrageous month to month rate). The effective date for the increase was printed as 07/01/2016, the exact language is "You are currently on a month to month agreement. Please choose from one of the following options, which will take effect on 07/01/2016." We signed a new 12 month lease on 05/23/2016 I believe, I do not know for certain because we never received a copy of the new lease. The terms were for $1,010 a month instead of $1,035 a month; $1,035 a month included a $25 a month pet rent fee that was not actually included in our new lease terms. For the month of June we paid our original rent amount of $735.00, and this month we paid the increased amount of $1,010.00. Yesterday, I got home and found a letter on my door stating we owed $385.00 for rent. No other specifications were made, the only other information printed on the notice was in the Additional Information section where it says "Please remit payment in the form of money order ASAP." Now, the only thing I can figure is that they are trying to get us to pay the $275 difference in June's rent plus a $110 dollar late fee, raised from the previous $75 late charge on our previous lease. My question is, how legal is all of this? My understanding of Oregon law is that any rent increase requires a 90 day notice to be given and the increase can't take effect until the 91st day after the date the notice was given. There are statements on the renewal offer that say as much, "Please note, if your total monthly rent has been increased above, this letter serves as the required written 90 days' rent increase notice to you. If your plans involve leaving, please remember that a written 30 day notice to vacate must be served on the Owner/Agent at least 30 days prior to the later of your move-out or lease end date." Then below this statement and just above the signature of the Owner/Agent are 3 check boxes. The 1st says "This Notice has been served personally at least 91 days prior to the Effective Date OR" 2nd: "If written Rental Agreement allows, this Notice has been served by posting on the main entrance door of the dwelling unit and mailed first class mail at least 91 days prior to the Effective Date OR" 3rd "This Notice has been served by first class mail at least 94 days prior to the Effective Date." None of these boxes were checked. What I would like to know is, is this legal for them to require us to pay an increased rent amount on a notice dated 4/29/2016, effective 7/1/2016? This is a 62 day period, not 90 days as I had thought to be required. So we paid an increased rent 62 days after notice was given, and now we are apparently being told we owe $385 for the previous month as well, making our notice actually only 32 days. We do not owe any other kind of back rent at all, we have been current and on-time with all out rent payments for at least a year. If law does require our landlords to give us a 90 day written notice for increased rent, and we have paid the increased rent amount at day 62, then do they not owe us a pro-rated credit on our rent of approximately $257.00? And are we entitled to a $110 credit as a "late fee"? Seems to me it should be titled "Apology fee for attempted extortion"... At the least, what I know for sure is I have a paper that says in black and white that if we sign a new lease we have until 07/01/2016 to begin paying the increased amount, which we did. We do not owe them any money right now per any contract we have signed. What should I do about this? I have written them a letter that says mostly what I asked in this forum, just directed as a statement of wrongdoing and a demand (I used the word "ask" instead of "demand") for a credit to our upcoming month's rent in the amount of approximately $260.00. Is that legally correct, or should I seek representation? My biggest fear is that if what they are trying with us is not legal, and they have in fact raised rent across the board at 2 of their hundreds of properties for certain, then how many tenants are being illegally charged right now? And if that is the case, it has to be stopped. Thanks for helping!JoDee Ellis

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Barrister

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