We(my husband and I) are relatively new Landlords and have a
We(my husband and I) are relatively new Landlords and have a single family house that rented to three young women (roommates). The yearly residential lease agreement was signed by all parties on 11/1/15 and terminates on 10/31/16. It clearly states that any additional occupants require written notification from the Tenant and written permission from the Landlord and additional rent may be required.My husband suspected that they had an additional person living with them and without any real evidence (other than seeing an additional car there regularly) brought it to their attention in a verbal conversation. They did not deny it, but still didn't reveal when the new person started staying there. My husband told them to read the lease and not to worry about it and left it at that. He did mention that they owed additional rent, too. Still we did not get any written notification from them. (All he said to me was that he met their girlfriend.)Just a few days ago, one of the current tenants sent an email that incidentally mentioned the fact that the unauthorized occupant had been living there since December 2015. That was the first time we had a date provided and the first that I learned of it, so we sent a letter (certified) notifying them of the violation, as per the terms of the lease. We offered to let her stay if they wanted to pay back rent owed($100/month) for her or request that she vacate immediately or face eviction and legal proceedings.This Tenant (three young ladies) has expressed a desire to terminate the Lease (NOT in writing as of yet) and we are in the process of trying to find a new Tenant. We have repeatedly told them that we can't release them until a new Tenant is secured or the current lease expires, whichever comes first. We've also told them to put it in writing.We've extended many courtesies to this Tenant and they have violated many terms of the Lease. We are now strictly abiding by the terms of the Lease and have requested that they do the same. The lease expires on 10/31/16, so that is the latest that they can stay there, provided that they pay their rent.Can we send them a bill/invoice for the back rent owed for this unauthorized occupant? Honestly, we don't want to fight or get involved in a lawsuit/legal proceedings if we don't have to, but we would like to know what our next step(s) should be.Thank-you
I recently deducted several hundred dollars from a former
I recently deducted several hundred dollars from a former tenant's deposit due to late payments. He was late (lease agreement called for rent paid on 1st of each month) every month at $50/month for a year long lease. Do I have legal grounds for this deduction or was I supposed to notify the tenant monthly of the late fees??
Question ... I rent an apartment, I
Question for ELY...I rent an apartment, I typically write my lease so that it has a minimum term of 12 months and then falls into a month-to-month for as long as the people live there. Some people have told me that I don't have a least after a year, but I say that is not true. Here is the language I use (from an old lease)... The minimum term of this Lease is for 12 months, commencing on the 19st day of June, 2013 with a minimum term period ending on the last day of May, 2014, but will automatically renew monthly pursuant to the terms herein. The terms of this lease stay in force throughout occupancy. I don't feel the need to renew for another year every 12 months, as long as the people stay at least 12 months, I don't care if they move out in 15 months or 21 months. It works for me because everyone stays years. Is this ok? Do I have a valid lease after 12 months?
Counselor at Law
I am a person in Miami Florida renting a unit from a
I am a person in Miami Florida renting a unit from a property owner for the purpose of vacation rentals. I have been paying rent for two units owned by the landlord for 6 months. We got into a payment dispute where I believe the landlord owes me money and he believes I owe him money.He changed the locks on the door to one unit on multiple occasions.today, I caught the landlord'so employee changing the locks again. I called the police who were pretty unhelpful. They seemed completely oblivious to landlord tenant law. I explained the landlord has to put 3 day notice if he believes that I owe him rent.They called the landlord'so property manager who explained to the police that I voluntarily vacated the unit. Mind you I still have all of my property onot the inside.The police determined that since I am renting the unit for vacation renting purposes and not an actual resident of the unit that I am technically not a tenant. If the landlord does not want me renting the unit anymore then I am not allowed to be there. I explained that I've been paying them rent for 6 months and I never explained to them I was leaving. They determine that they have no proof or at least that I'm supposed to be there and they let the employee change the locks.Since they seem to be unaware of landlord tenant law, but they did make a good point of that I'm not a resident but I'm just paying them rent for the purpose of re-renting.I am compelled to find out from an attorney if they are right or do I fall under the category of a tenant .
I have the following clause in a Texas residential lease:
I have the following clause in a Texas residential lease: "This Lease Agreement is subject and subordinate to any lease, financing, loans, other arrangements, or right to possession with regards ***** ***** building or land that the Landlord is obligated to now or in the future including existing and future financing, and/or loans or leases on the building and land." Would I be able to terminate the lease under the conditions of executing a contract to sell the property (a condo)?
I am a property manager in Miami FL and I also have a
I am a property manager in Miami FL and I also have a brokerage Lic. with qualifying broker that is concerned that the management agreement, unlike the one provided by the Florida Association of Realtors, has an expiration date (WITH a provision that it renews annually if not canceled. We do have a policy that allows cancellation with 60 days notice in the agreement.My question is: What law would apply to the term of the lease and is there any regulation that would require me to remove the function of this agreement to allow this to renew each year until canceled.Thank you
Attorney At Law
Doctor of Law w/ highest honors
Breaking a lease assistant : Tampa Florida : Not yet : My
Breaking a lease assistantJA: OK. The Real Estate Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: Tampa FloridaJA: Have you consulted a lawyer yet?Customer: Not yetJA: Please give me a bit more information, so we can help you best.Customer: My landlord paid me with someone and I signed A3 year lease but I'm a hairstylist but my suit at made live miserable for me and customerJA: Is there anything else the Real Estate Lawyer should be aware of?Customer: I have been complaining for a year and my landlord did less to help me with the situation so I moved out April 1st and I paid him for two months to look for a replacementJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
I have a letter. It is pretty dry, but does it seem to
Hi, I have a letter. It is pretty dry, but does it seem to content seem ok? Also, I checked the lease and i was wrong about the commercial use being included but it is a residential lease so I think it should be fine.Here is the letterScott C. is a tenant and will not be hired to do work at 47 Long Hill Rd, Groton, MA. The status of his license is not relevant. He is not authorized to make changes or repairs unless it is approved in writing. It is expected there will be no interference and with contractors who work on the property.The work on the eaves is not approved, nor is working on the lights- the state of the barn was clear when rented and as discussed before moving in, the birds are to remain in the barn. Personal storage shelves and other items should not be fixed to the walls.I reserve the right to put up security cameras in the barn, but will notify all the tenants before doing so.The barn is not to be used for commercial use and cannot be sublet.I will have an electrician evaluate the barn and make repairs. However, the barn will like be removed and may not be included in future leases.The space available for the center is marked on the map asStall 1 including 3' outside of stall 1 in the aisleStall 3, including 3' outside of stall 3 in the aisleArea 6. This includes 7' of the tacked on wall on side of the aisle. Items can extend 3' into the center aisle. It can extend 4' towards the barn opening.While projects may take more space while working on them, they are to be tucked away when not being worked on.The area where the woodpile is currently is (#7 on the map) is to remain clear of personal items unless related to the transporting the wood.While electricity is included, excessive electricity is not and items need to be turned off when not at used. If an item needs to be used for more than 8 hours at a time, contacted the lessor.---End---
I have a problem with a conversation I had with a tenant
Hello,I have a problem with a conversation I had with a tenant before the moved in. We discussed a barn being possible used for a wood shop. However, said I had concerns about the birds (and the electricity), and the lack of locks and the size of the space. They are concerned about the electricity and want me to fix it. The barn use was not written into the lease. I am about to define how much space they get in the barn and I don't think it is enough for a workshop. Do I need to fix the electricity? I do have in the lease that they are not to run a business using the barn. I don't want to fix the electricity right now as the barn is coming down next year. There are a few good outlets. Also, since he does woodworking for a living on the side, can I use the it claim no business can be ran if he sells something? The lease ends in Dec. I don't plan on renewing it. Lastly, I don't want him interfering with contractors when they come to the house house to do work. Not sure how I can write that up. Thanks.