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Questions about Tenancy Agreement Laws

A tenancy agreement is a written or oral contract between an owner and a tenant that outlines the rules and regulations about renting a property.

Listed below are a few questions answered by the Lawyers on tenancy agreements.

I live in NYC and have entered into a 3-month tenancy agreement with the owner of a serviced apartment. Unfortunately, it faces an extremely noisy street and as a result, I don’t get much sleep. If this continues, can I break the lease?

Since your apartment is in NYC, you would not have grounds for breaking the lease as noisy streets are very much the norm in this area. Had your apartment been in a quiet part of town where noise like this would be seen as out of the ordinary, then you would have had a case to terminate your lease.

I terminated my tenancy agreement with my tenant before the tenancy expired. Yet, the tenant continued to credit my account with the rent until the actual tenancy expiry date. Once the tenant found out that he had made a mistake, he requested I return the rental money to him. I would like to know if I am legally obliged to do this since it wasn’t my mistake at all.

Your course of action would depend on what your lease says. If there is a written statement that says you released the tenant from the lease, then you cannot keep the money as it pertains to the lease. However, if you allowed the tenant to leave but didn’t officially release them from the lease, then you can still collect rent from them until you find another tenant. It all boils down to your lease and how the tenant left.

I am renting a house that I own. I now plan to sell it. Do I have to give my tenants an eviction notice? My lease agreement with my tenants has also expired.

This is how the law would work. If the landlord decides to sell the property, the tenancy would follow the ownership. The new owner could give legal notice plus contractual termination rights. In the event the new landlord gives a termination notice before the tenancy agreement expires, then the previous owner will be held liable for all damages suffered by the tenant. So there is no need for you to give them an eviction notice. Also, the absence of a lease agreement is to your advantage since you would then be required to only give the tenants a 30 day notice of termination.

I have a property in Washington State and have a verbal tenancy agreement with a tenant. The rent is $600 month but he has defaulted on payment. A friend of his tried to pay the rent and gave me two NSF checks. How soon can I evict this tenant if I want to?

There are certain rules in Washington to be followed to terminate a tenancy. If the landlord wants to terminate a periodic tenancy, he must give at least 20 days written notice to the tenant before the end of the month. Yet, in the event that the tenant fails to pay the rent or violates other obligations, the landlord could terminate the lease by evicting the tenant with a 3-day notice.

To read more about how you can legally proceed with this, visit the following link: http://accessevictions.com/free-eviction-forms/

Every landlord should have a tenancy agreement with his/her tenant/s to avoid misunderstandings about the use of the property in the future. A written agreement always helps to lay down rules clearly and can be used by both parties to settle issues in a fair manner. If you want to clarify a doubt regarding tenancy agreements, legal experts can help.
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Recent Tenancy Agreement Questions

  • This question concerns Canadian / British Columbia tenancy

    This question concerns Canadian / British Columbia tenancy law. I have a tenant who is the sister of my wife. she moved into the basement suite with no tenancy agreement signed. Is she able to claim the same rights as a tenant with a signed tenancy agreement?
  • I bought a piece of property with my brother. His son in law

    I bought a piece of property with my brother. His son in law is an attorney and I paid him his legal fees. I also provided all the cash for the transaction, with my brother providing an old truck that the seller wanted.
    I live in TN this was in AL.
    The original plan was for my brother's name to NOT be on the deed due to his shaky financial situation. But then, his son in law, he says insisted that his name be on it.
    Then, my brother agreed that before splitting profits, that I would be repaid for my cash outlay, he would recoup his $1500 or whatever from this old truck.
    But it seems that the deed would not allow for those contingencies and I would be out my entire investment of which he would reap half.
    Is there an addendum or amendment or some kind of instrument to help safeguard my $7500? He has been sick, in the bed, for the past 6 months (almost immediately after this transaction) and I cannot get him to talk to me.
  • We want to buy a house in Texas. My mother is 76 and legally

    We want to buy a house in Texas. My mother is 76 and legally blind. I am currently unemployed but in a last few years lost a job, got a job, lost a job, got another job, got lost that job. Presently in the process of possibly getting SSI as per diabetes related disability. Mom may die or may live who knows.

    What would be your advice : should we buy house on both names, or only on her name (76 y.o) or on my name only (I am only 53 and not yet officially disabled, I am not married now but divorced). What is more efficient legally tax and money wise, as well as rights of survivor ships, probate, etc. will my marriage if any might change the structure of the best arrangement advised by you?

    How to avoid probate in TX?
    I have heard something about some type of trust , do not remember the precise name of it, such trust allegedly helping to avoid lengthy probate. It was named in one of the Suzy Orman shows.

    Respectfully, XXXXX XXXXX you
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