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My son and s family are currently renting an apartment in

Hello,my son and his family are currently renting an apartment in Oswego county Ny,the are expecting another child and have to move to a bigger residence,which they have found and have put a security deposit on,they told their current landlord today.They will be in the new place by the beginning of the next month.The situation and their lack of knowledge puts them in a position where they have to leave before 30 days is up.I understand that they will forfeit their deposit,but at the same time the original lease ran out last year and they have been paying month to month with no current lease,what could happen worst case scenario?

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Loren

Juris Doctor

 
34,606 satisfied customers
I need to get out of my lease and need to know the steps to

I need to get out of my lease and need to know the steps to follow. Upon moving in I found black mold, mildew, a roach infestation, and then last night the roof started leaking through the top of the window into the living room. The landlord's representative has agreed to let me out of my lease and return my deposit. I'm planning to sue in small claims court for moving expenses, as this will now be my second move in two weeks. What do I need to document for that?And are there any documents I should require them to sign, releasing me from my lease? We found another tenant who will sign a new lease on Monday (he knows of the problems but he is a contractor so he can fix them). They want him to give me back the amount of my deposit, but I want to make sure I am completely released from my lease.

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William B. Esq.

Attorney

Doctoral Degree

 
18,436 satisfied customers
I have been residing in a rental home years now with my

I have been residing in a rental home for two years now with my roommate. I have been receiving mail for that time and paying bills and rent at that address. My roommate has recently passed away leaving me in situation that I don't know what to do. I was unaware that he was not paying the rent because he was sick. Found out my name was not on lease which should have been and now I am being harassed by attorneys and dept. of clerks to either pay the amount owed or to evicted in three days. My name was not that eviction notice, I can't pay they back rent, and have to find someplace to live quick for me and a dog he left behind. I need more time, what can I do?

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RobertJDFL

Attorney

Juris Doctorate

 
11,576 satisfied customers
Will my renters insurance personal liability cover lawyers

Will my renters insurance personal liability cover lawyers fees if I initiate the legal case against my landlord?

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KimberlyLaw

Principal Attorney

Master's Degree

 
3,658 satisfied customers
My rental property manager just gave us threatening messages

My rental property manager just gave us threatening messages saying he will sue us for damages to property because we spread a few moth balls in the apartment. He said that because we left a few moth balls in the living room thinking it will keep the insects out but it filled the room with moth ball stench. As soon as he notified us, we got someone to remove the moth balls. He has been harrasing us for the last 3 months, he accused us of breaking the property when we said the garbage disposal was broken. He accused us of intentinally stalling showings because we asked for 2 more days to spruce up the house. I am pretty sure I can sue him for landlord harrasment but I am worried about a clause he inserted into the contract"In the event Landlord institutes a legal actionagainst the Tenant to enforce the lease or to recover any sums due hereunder, Tenant agrees to pay Landlord reasonable attorney's feesin addition to all other damages."does this mean I have to pay his attorney fees as well even if I am being harrassed?

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William B. Esq.

Attorney

Doctoral Degree

 
18,436 satisfied customers
I have signed a lease to move into a rental home in

I have signed a lease to move into a rental home in California in anticipation of starting a new job. The company that made me the offer has rescinded due to losing a major contract, they told me last week that the offer was put on hold until today(Tuesday) when they would get a definitive answer. I have put down a deposit of $5,000 on the home. The lease also called for an additional $5,335 to be paid prior to moving in. I told the landlord Friday I could not move in on Monday due to a family emergency. I told the landlord I would need to push off moving until I figured the family issue out later this week. So today I found out the offer is officially rescinded. Two questions. 1st can I get the deposit back?? 2nd am I locked into the lease even though I didn't move in and I didn't pay the other half of the money due?

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legalgems

Juris Doctorate

 
12,200 satisfied customers
This was the email we sent her: To Marilyn FM & Sherri

This was the email we sent her:To Marilyn SanchezFM Michael & Sherri LytleSubject: 2631 NE 2nd Drive, Homestead, Fl. 33033In reference to the lease of the above mentioned address, we have many concerns; this correspondence will be sent via email and certified mail.We have attempted repeatedly to contact you about the $4000 dollar deposit and your intentions. Per Florida Law the deposit used for the purpose of a lease agreement can only be used for actual damages, cleaning, late fees, and any delinquent rent; all determined at the end of the lease. You Ms. Sanchez have made it very clear that you intend to keep our $4000 deposit for an illegal agreement you made; one that was not signed by both parties because it was determined a violation of security deposit laws.We are officially notifying you that we do not agree with forfeiting the deposit as the law only allows it to be used for specific purposes and we expect a refund within the 30 days of us surrendering possession of the property.In the event that this case moves into a legal matter I want it on the record that we have sought the advise of counsel; as the land lord is an attorney and has used her position to advise us on the law which was not done accurately. In one event we attempted to make contact through a property manager who advised us that “Ms. Sanchez is a Lawyer and she knows the law.” This same property manager has made overt threats while we have lived here at the property while attempting to show the property for the purpose of selling it. We have archived the correspondence between us. We can not believe that a property manager would take it upon herself to make threats without the full knowledge of the landlord.We will file suit under a breach of contract action if our contract is not legally satisfied and the $4000 security deposit is returned to us. It should also be noted that the property manager has been inside the residence within the past month, showing it for the purpose of selling the property and has noted no damage to the property. There have been approximately a dozen groups in the home to view it, if there was property damage it would have been brought to the owners and property mangers attention; this is being noted for the sole reason that it cannot be claimed $4000 worth of damage existed to the property.Sherri Lytle

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
I live in Nevada, and recently moved out of an apartment I'd

I live in Nevada, and recently moved out of an apartment I'd been renting for 3 years. I'm being charged a $350 painting fee- is that normal? I never did anything to alter the walls- never painted, hung shelves, or even put thumbtacks, nothing beyond normal wear and tear. Isn't repainting the landlord's responsibility?

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
I'm a tenet in NYC. My landlord only allows one form of

I'm a tenet in NYC. My landlord only allows one form of payment, which is a check to their office during normal business hours. As such due to my own working hours I was late 3 months running, just by 2-3 days each time. That was on me and I should have got their earlier. However the tenancy contract states that a $200 per month late fee is applied each time you are late (whether 1 day or 29 days its $200). Therefore I racked up $600 in late fees. All regular rent is up to date. My landlord phoned me and wanted to know why I hadn't paid the late fees. I told her why, due to the ability to the get to their office in business hours but I also brought up the fact that hot water wasn't operable for 3 days which would mean I should get some form of reduction from the late fee. I acknowledged that I should have to pay the late fees but not the whole amount. At that point the landlord turned angry and accused me of not playing fair and that they were calling on compassion grounds alone, they then hung-up up the call and told me to do whatever it I wanted to do.What should I do here? I feel I'm entitled to a reduction for the loss of hot water but would like to pay the late fees as I generally have a good working relationship with them and don't wish to cause an unnecessary issue. The apartment is not perfect but I'm not around a lot to really care.Should I pay the late fees now as that may constitute as actual rent and show that I'm overly late? Or should I request the reduction but still pay the late fees?Not sure what I should do. I should mention the landlord has no email or other means of communication. If you wish to speak to them you have to leave a message and they call you back. I can write them a letter though.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
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