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I rent the downstairs of my home. I am extremely allergic to

I rent the downstairs of my home. I am extremely allergic to cigarette smoke. Lease states non-smokers, but guests can smoke off my property. I started occasionally smelling cigarette smoke about two months ago, becoming increasingly more frequent.March 20th I sent a Warning Letter citing cigarette smoking downstairs, but tenant denied that she or her 20-year old daughter are smoking.April 12th I sent a Notice of Termination of Tenancy – per Georgia law I did not give a reason, but gave 60-days. I don't know how to prove smoking inside the residence. I have taken several nicotine saliva tests spaced out over the last two weeks and they show nicotine exposure. Showed them to tenant. I also kept a log for one month and showed it to tenant. I have not yet filed the Termination of Tenancy with Magistrate Court.April 15th I spoke with tenant and said daughter smoking while Mom (tenant) is at work from 7PM to 7AM. Tenant said she will speak with daughter. Later that evening tenant told me she spoke with daughter who is smoking, but denies smoking on property. Tenant stated it may be the residual smoke reside on daughter clothes affecting me. Tenant said she (tenant) will be gone Mon – Wed. She stated that daughter is trying with a friend to find an apartment. Tenant immediately needed to leave for work. I texted last night asking if daughter will be with Mom for thru Wed, but tenant said daughter will be coming home after her job each day.I woke at noon (my usual time) and daughter's car is gone. Daughter returned home about half hour ago. Mother is sleeping and usually wakes about 5pm and leave about 6pm.1. Can I post letter on door demanding that daughter no longer reside in the home starting immediately?2. Can I ask that daughter surrender the house key immediately?3. Can I ask that daughter's belongings be removed immediately?What else do I need to know?Thanks,KathleenJA: Is there an easement or public access on the property line?Customer: Property is 1-1/2 acres -- no easement or public access. There are lots on both sides of me. Per lease I do allow guests to smoke at the end of driveway on the property next door, but it's about 500 ft from my home.JA: Anything else you want the lawyer to know before I connect you?Customer: I have had sinus infections for two months, had scripts for antibiotics and steroids. Had a steroid shot two weeks ago, and I am extremely allergic reacting again. May need to see walk-in clinic.

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Attyadvisor

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Florida HOA. My covenants say the board in my HOA (Ch 720)

Florida HOA. My covenants say the board in my HOA (Ch 720) can delegate approval of rental applications to an Ad hoc committee of two board members, two owners, and the manager. My new property manager is having a fit over actually having a committee meeting. She insists we do not need to have a committee meeting. She is also upset that having a meeting exposes sensitive personal information. The board lawyer has already insisted that the architectural committee must meet as a committee because site plan review deals with owner property rights. I say the rental committee must meet as a committee. Do we have to meet behind closed doors to try to protect this personal information? Isn't the committee bound to some kind of confidentiality, or do we need to sign non disclosure agreements? There is no procedure in the covenants except delegating to an ad hoc committee. How does the board review personal rental information without the risk of disclosure?

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Ray

Lawyer

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Florida HOA. We currently require background checks of

Florida HOA. We currently require background checks of renters annually. Our board recently asked their attorney for a covenant amendment to cover annual rental applications, seasonable rentals and annual that turn monthly, without forcing renters to get monthly background checks. Our board attorney sent them the following covenant amendment they are about to consider. "An owner or owner's agent intending to lease their Living Unit or renew or extend a lease shall give the Board of Directors, or its designee, written notice of such intention thirty (30) days prior to proposed transaction, the application fee, together with the name and address of the proposed lessee, an executed copy of the lease, and such other information as may reasonably be required ..." The way I read that amendment, it requires monthly renters to apply and pay for background checks each month, not just annual renters. Do you read it that way?

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Loren

Juris Doctor

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I have a renter who skipped out on owing me $2400 in back

I have a renter who skipped out on owing me $2400 in back rent. I do have a lease but I do not have contact information. She took that out of the wrong folder ahead. The record so I kept our in my calendar book and she gave me cash. Do I have any recourse. Thank you

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RealEstateAnswer

Juris Doctor

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I submitted a rental application online at an apartment

I submitted a rental application online at an apartment website. I paid an application fee and deposit online. The leasing agent phoned the next day to confirm my intentions. I asked her to confirm the monthly rent price based upon what I saw on the website and she did confirm that price over the telephone. I visited the apartment complex to see a model of the apartment. Upon arrival, I was advised by the same listing agent that they would not honor the price that was posted on their website at the time of my application. I was told that there had been a mistake and that the actual price of the apartment is $155 more per month than advertised. Do i have any legal recourse in this matter?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I just discovered today that I am in an illegal sublease.

Hello! I just discovered today that I am in an illegal sublease. The person on the actual lease never told the rental company that he was going to sublease out rooms in their house and has been overcharging us for 5 months. Now the rental company wants myself and the other tenants to fill out a rental application to continue staying in the house. We have requested our security deposits back from the individual, what other actions do we have?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Has any paperwork been filed?Customer: No not yetJA: Anything else you want the lawyer to know before I connect you?Customer: The actual lease amount is $1200 and the guy who has been fraudulently renting to us has been charging us $2310

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P. Simmons

Attorney

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My realtor has a lease for me to sign where the tenant is a

My realtor has a lease for me to sign where the tenant is a nurse and her husband and they are taking care of her 87 year old mother and her 62 year old brother who is slow mentally and the husband stays home to take care of them. They have only the one income listed. My question is can I legally ask that they list the other family adults and have them sign lease and disclose their income also or deny lease due to the house being a single family residence.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has any paperwork been filed?Customer: I have not signed the lease, and had not seen the application until last night. Realtor emailed me the lease agreement and not the rental application for me to see and respond to it before drawing up the lease. I am 76 years old and realtor is pushing me to sign today because tenants need to move out.JA: Anything else you want the lawyer to know before I connect you?Customer: Realtor said that I will have a lawsuit if I don't sign. House has a pool and I am afraid that it is a safety hazard for the 62 year old. Tenants are currently renting a few streets in the neighborhood. Tenant has not signed agreement for me to call or given references. Credit score is 679 , which is below average, I think. She has filed for bankruptcy in past, had foreclosure, and debt problems ( not specified ) . Tenant works in local hospital in ER. My only concern is the husband not having a job and the two other adults and if I have to evict them for any reason it will cause a problem. I told this to the realtor and she agreed, said that would be a problem.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,240 satisfied customers
I am the seller selling a manufactured home. A girl who is

I am the seller selling a manufactured home. A girl who is 18 years old signed a contract with me to buy my home.She signed the purchase contract I wrote which said she gave me $1000 deposit. Then the contract said in 3-4 days by a specific date she was to wire me the money to pay cash for home. She had full amount agreed purchase price cash. Then I wrote in contract that I'd give her totle in 5 days as Id need send for it.I was prepared to follow dates of contract.But I told her verbally she needed to apply to rent land from HOA MANUFACTURED HOME PARK for $747.00 written on Zillow.com ad she read. My home is on land she has to rent from park. (I just mentioned this verbally.)The buyer ignored my date to wire me the full balance due for home money and instead took a whole week at her convenience to fill out rental application to park. She delayed turning in application to park for a week.I told her verbally first day she needed to have income $2500 to qualify to rent land from park. I told her it again 2 more times that week and kept asking her to not delay and wire me home noney.When she finally turned in application to rent land at park office, she did not show $2500 income; but instead only showed $2000 monthly income. Park said they would not rent to her. Then she blamed me when I told her she needed to pay house utilities.Now she blames me for keeping her deposit of $1000 for breach contract dates. I had no written contingency clauses to return money if she broke dates. She ignored dates and delayed for 2 weeks turning in application. Which in fall-I lost buyers and now I have to pay rent myself and stay. It's getting too late to sell home.Her mother threatens to bring law suit. (Although I know it's small claim court.). The family ignores me when I say she broke contract. I notice mostly mom doesn't believe and either does her daughter believe she had to follow contract.The date she signed contract was OCT 20, 3016. She was supposed to wire earnest money it says in contract on Oct 22-23. Contract says to close sale and give her title on Oct29. She didn't wire me money on Ict 21 or 22. On Oct 29 she said she didn't want to buy home after all. On Oct. 27 she turned in rental application. She had lost her social security number and it wasn't convent to fax so she'd keep delaying doing the rental application. I told her time was essential and she was already not following contract dates. I never knew anyone to take a whole week at their convenience to turn in rental land application to the office of park.I even said to her daughter that because she broke contract I lost my new home because I fell out of contract. Girl doesn't apologize but mother demands she will call Indian reservation lawyer and bring law suit on me. Daughter who was buyer is from Indian reservation.Help?I said, She's in breach my of contract timeline and no contingencies are their to exempt her from following contract so she doesn't get her deposit back.Am I protected by law to keep the $1000 of her daughter's that was deposit on purchase of home?

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Gerald-Esquire

Juris Doctor

7,134 satisfied customers
I am a landlord who moved a tenant in a room in a seven

I am a landlord who moved a tenant in a room in a seven bedroom house where rooms are rented separately in Portland Oregon in June 16th 2016. The resident had agency funding for move in funds and security deposits. When the resident didn't pay rent a 72 hour notice was delivered to the resident. At the first appearance Landlord Solutions attended for my company and the resident lawyered up and wanted a trial. I served the 72 hr notice at 11:00 am on the 9th and yesterday I found a call was made to the city on the 9th in the afternoon. The tenants removed the smoke alarms and also have done damages to this home they are all on drugs which is another reason there were no negotiations. I received an answer for the trial which included lack of service. The rooms in this house are numbered 1 thru 7. The tenants rental application and agreement and court documents state room 6 and she is claiming she is in room 7. Its impossible. The other answer was that there are habitability issues and that the management company which is myself didn't do repairs so they didn't pay rent. The management company which was unaware repairs were needed until the 8th when I went to collect rent at that time the residents claimed there were no smoke alarms and the sump pump wasn't working properly. I purchased smoke alarms on the 9th and had them installed by maintenance in common areas and the residents denied access to their rooms. Later is was found out that the when the city went to the property 2 days ago the smoke alarms had been removed once again. When maintenance was there they put a deadbolt on the bathroom door posted a sign that said out of order please use bathrooms on the main level. This home has 3 full bathrooms. I purchased a sump pump three days ago after determining for the third time in three months there were paraphernalia, drugs and needles clogging the pump and grinder. This pumped has been fixed and repaired 4 times in the last 5 months and this final time the pump had been completely blown. The owner does not have enough money for an attorney so I will be representing the case and need some assistance.I have many many texts in my log from all tenants with none of them requesting repairs or even letting me know anything was wrong.I have photos of the piles of clutter, garbage drugs and receipts that prove I went to the property and removed such things and took them to the local dump.I have a rental agreement from the resident with the smoke alarm box checked and dated June 13th at which they are claiming habitability issues have taken place since may 2016. This is not accurate.I have notes of drug use and guests that have been asked to leave the property nodding out on heroibn.I have letters from three residents that state the other tenant and guests are deliberalty trying to sabotage said property.On the original answer it states electrical issue and after have talked to the city he didn't find that to be an issue..Help me the property is being destroyed by drug use and the resident has needles all over her room.

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Law Educator, Esq.

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