How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Real Estate Law question
Type Your Real Estate Law Question Here...
characters left:
Real Estate Lawyers are Online Now

Tenants’ Rights Related Questions

Tenants’ rights are protected by a variety of federal, state and local laws. These cover a diverse set of regulations including lease provisions and termination; rent charges; eviction; safety standards; habitability and repairs; right to privacy, etc. Laws may vary from state to state where, additionally, areas subject to rent stabilization, rent control, or other rent regulation may have special rules. A tenant’s inability to use and enjoy a rental property may cause a conflict with the landlord. Tenants may want to consult a legal expert depending on their particular situation.

How are tenants’ rights protected upon foreclosure?

Before the “Protecting Tenants at Foreclosure Act of 2009” came into force, it was all too common for the mortgage to predate the lease and destroy it upon foreclosure. These rules changed dramatically when the 2009 Act provided that leases would survive a foreclosure. This meant that the tenants could stay at least until the end of the lease, and that month-to-month tenants would be entitled to 90 days' notice before having to move out. The buyer intending to live on the property may terminate a lease with 90 days' notice.

What are tenants’ rights concerning the apartment complex turning off the water for repairs without giving tenants notice?

You may be able to file a suit for “constructive eviction”, which occurs when the landlord makes the living conditions of the rental property intolerable, uninhabitable, or unsuitable for living, and these actions cause the tenant to surrender possession. Here, the landlord isn’t evicting the tenant but is forcing the tenant out by rendering the premises untenantable. In such a situation, the tenant should continue to pay rent until the action is filed. After that point, once action has commenced, the tenant would deposit regularly scheduled rent payments with the registry of the court.

I am renting a place in Durham, NC where the lease is about to end. Can the owner evict me even if I continue to pay the rent on time?

The landlord must notify you of the termination of lease 30 days prior to the end of lease term. It is illegal to use “self-help” eviction by locking you out of the house. If the landlord wishes to evict you, he must petition the court for an eviction order. You may call the police immediately should the landlord attempt any illegal eviction.

What are a tenant’s rights if the landlord has not given 120 days’ written notice of intent to sell the property?

The intent to sell the property does not mean that you are being asked to vacate the premises. The 120-days’ notice period is to inform the tenant of the intention to sell the property and occupy the premises with a 24-hour notice. If you have not received the notice, your recourse is to restrict entry to your property under the Civil Code section 1954 and place them on notice of suing. Violation of the Code can result in damages up to $2000. A tenant residing in any state in the U.S. is often entitled to several tenancy rights included in the lease, which is a contract between a landlord and a tenant. However, since laws vary, it is best to further research the tenancy rights applicable to your state of residence or consult a lawyer.
Ask a Real Estate Law question
Type Your Real Estate Law Question Here...
characters left:
Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18394
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3850
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)