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We recently moved into a house 3 weeks ago and discovered

We recently moved into a house 3 weeks ago and discovered black mold that was not disclosed to us prior to moving in and was not seen on inspection (it was behind baseboards). We are concerned for our health. Our landlord is dragging his feet and does not want to address the issue. Is it breach of warranty/contract if he does not fix it/investigate it? What are our options?

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RealEstateAnswer

Juris Doctor

29,714 satisfied customers
I am in the process of buying a house and a few days ago it

I am in the process of buying a house and a few days ago it was discovered that the owner filed bankruptcy a few years ago. The house was a rental property. Is it possible to keep a rental prop when you go through bankruptcy? The agents are saying this can be cleared up in a few days and they want me to take possession prior to the closing. What if the closing has to be put off for months.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: MNJA: Have you talked to a lawyer yet?Customer: No, I just got the notice that they want to postpone the closing tonight., it was scheduled for sept 2, now they want to do it sept 6thJA: Anything else you think the lawyer should know?Customer: no i think that is about it.

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N Cal Attorney

Doctoral Degree

7,116 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

13,510 satisfied customers
I am a rental property owner, my previous tenant moved out

I am a rental property owner, my previous tenant moved out with a mess in the house, so I deducted his deposit to do some cleaning, painting and replacing job, now he wrote me a nasty letter saying by Missouri law I have to return his depositJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I am in State of MissouriJA: Have you talked to a lawyer yet?Customer: not yet, this my first stepJA: Anything else you think the lawyer should know?Customer: he claims that when they move in the house, there were many issues but he never discussed with me and there were some issues that I took care that in a timely manor, we never had issue before until they moved out and we realize that they did not taking care the property

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
My four-year old son and I have lived with my elderly

My four-year old son and I have lived with my elderly parents in their rental property for almost 4 years now. The landlords have never officially put us on the lease, but have basically renewed the lease for "four people" since we started staying here. I help out and the place is taken care of. Now this year both of my parents have passed away, my mother just a little over a week ago. I, in good faith, have paid the rent for the next three months. The landlord committee, without even discussing my financial situation with me has suddenly began telling my family that my son and I aren't "real tenants" and they are terminating the lease after the three months (the lease is supposed to be good until next June). They then told me that they might renew the lease for me if I can afford to pay the increase in rent, they suddenly "need" to increase it, although they've never done this in the 9 years my parents have lived here. We rent the parsonage from a church, and I feel that the church committee on several occasions has discriminated and judged me because I am not a member of their church, do not follow their religion, and am a single unwed mother. Keep in mind I cause no trouble, and in the two or three months my parents weren't able to care for themselves or the house, I have done so. It is clean and well-kept, the rent and bills are paid, and I don't have parties or bother anyone actually. I have enough income to stay here and pay rent, but I feel they are going to try to raise it a large amount so that I can't afford to stay here with my little one. I asked how much the increase would be, but they have stated that they "haven't figured that out yet". Do I have any leg to stand on here? I am in Allegheny County Pennsylvania.

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P. Simmons

Attorney

Doctoral Degree

35,172 satisfied customers
My apartment is vibrating and management refuses to do

My apartment is vibrating and management refuses to do anything. I am not sleeping because if it. I'm suffering serious health issues because of it. I don't know what to do.

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RealEstateAnswer

Juris Doctor

29,714 satisfied customers
I have a rental in Denham Springs,La that flooded 3 feet

Hello, I have a rental in Denham Springs,La that flooded 3 feet with water. My tenant contacted me today and said he was finding another place to stay because everything was ruined and when could he get his deposit back. I am not trying to be insensitive during this time, however, I read we need to get all items out of house right away to eliminate mold growth. He says he is coming this weekend to get his items out but wants his deposit back today. This is stressful for all of us. If I give him his deposit back right away, does that terminate the lease so I can start throwing items out to keep mold down?

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Alex Esquire

Managing Attorney

Doctoral Degree

21,874 satisfied customers
Mold was found in my current rental property, I gave my

Mold was found in my current rental property, I gave my landlord the 5 day request for repair notice. They responded with a lease cancellation and termination agreement stating there is in fact mold and they won't be able to clear it in 5 days so they agree to terminate my lease and return my security deposit in full along with my august rent but I have till Friday at 5pm to over all my belongings out. what are my rights as far as the deposit and do I still need the final inspection of the home once I do move?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
I have a rental property in California. My neighbor wants to

Hi,I have a rental property in California. My neighbor wants to replace a shared fence and wants me to share the cost. I disagreed. Now Neighbor threatens to take it down without my permission. I am trying to stop it. And reported to the local police, however, who said was a civil case and would not step in.I disagreed with cost sharing, because they did poor maintenance on their side of fence, while my side is in good shape. I feel unfair to split. In addition, replacement will have a mis-match with my other fences.Thanks for your help!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
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