Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

We have a tenant who has given us notice and using her last

months rent to pay for...
We have a tenant who has given us notice and using her last months rent to pay for this months (June) rent. We have notified her that she is breaking her lease and have given her 30 days notice of intent to evict, as of July 11. She has notified her roommate that the utilities will be turned off tomorrow June 20, and that she will be out by the end of today, unfortunately leaving her roommate without any utilities. This has been a very volatile situation, and we've decided to put her roommate in an inn until this situation is resolved. We don't want to turn everything back on and have her show back up to stay after she has told her roommate she is leaving today, nor do we want her to come back in and trash the place, which she has indicated she was considering to our maintenance man. Even though we have given her 30 days notice, if she leaves without taking all of her furniture, and after having the power turned off, can we change the locks, or do we have to wait until the July 11 Deadline?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
6/19/2013
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,722
Experience: Attorney over 17 years, landlord 26 years
Verified
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
I need to ask a few questions to determine where you stand legally..
.
Are both tenants under a written lease for a set term or are they month to month?
.
If they are under a written lease, did you agree to allow the one tenant to terminate it early?
.
What type of notice did she give you that she was terminating the lease? Written? How long?
.
Why would you be responsible for the utilities if they are in the tenant's name with the tenant paying them?
.
.
Thanks
Barrister
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

I Just sent you all the information you asked for

Customer reply replied 4 years ago

Set Term


 


No


 


Written...2 months ago then again on the June 12, saying June 15


 


We are not accepting responsibility.

Ok, I am trying to understand why you would feel responsible for putting the other tenant up in a hotel due to the dispute with the roommate?
.
Why can't roommate just get the utilities in their name?
.
It seems like you are getting involved in a dispute between two tenants when you may not have to..
.
Is the tenant actually breaching the lease by terminating it early?
.
.
I am sorry for all the questions, but as a landlord myself for over 24 years, this just seems like an odd situtation for a landlord to be involved in. If one tenant moves out and turns off the utilities, it is typically the problem of the remaining tenant to get them back on in their name or move out as well...
.
.
Thanks
Barrister
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 years ago

The dispute is not with the roomate it is with us. What are doing is simply a courtesy. The tenant is breaching the lease by leaving early She has given us written notice that she would be out by the 15th of June.

Ok, that makes more sense now. If the one tenant vacates the apartment after giving formal notice that they are doing so, and all the utilities are turned off, then the presumption under the law would be that they have abandoned the dwelling. In situations like this, the landlord can legally change the locks and retake possession under a theory of abandonment. The landlord has a legal right to secure their property in a situation where the tenant has abandoned it, even if they left personal property there.

As part of this action, landlord should post a conspicuous notice on the door that the locks have been changed due to the tenant's abandoning the dwelling. If they need access, they will have to contact the landlord who will then provide access.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,722
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,722
38,722 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate 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:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

38,722 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Renter of one side of a San Duplex. Notified months ago of a
Renter of one side of a San Jose Duplex. Notified months ago of a substantial rent increase effective 1/1/18. What are the rent control rules? I am month-to-month… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After ive been evicted what what responsibility does my
After ive been evicted what what responsibility does my landlord have with regards ***** ***** belongings… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I was denied a motion to stay in florida from an eviction -
i was denied a motion to stay in florida from an eviction - i called the clerk and they said that i did not file a legal reason enough to grant my request - … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
I have a tenant moving out owing two months back rent on a
I have a tenant moving out owing two months back rent on a one years lease not completed until 16Dec and refuse to pay back rent what is my bea … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
I have lived in my rental duplex since Jan 15, this year. I
Hi. I have lived in my rental duplex since Jan 15, this year. I have a problem with fire ants showing up in my kitchen, dead and alive. Was treated thru Manager in June, but problem is worse in last t… read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
I live in an RV in a mobile home/rv park. Since the day I
I live in an RV in a mobile home/rv park. Since the day I moved in I was having electrical problems with the panel I plug into on the property I rent. I contacted housing authorities regarding this be… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my.parents own a house and my father said I have to pay
If my.parents own a house and my father said I have to pay the electric bill and I have a room in the house and I help with the yard do I have tenant rights can they just go in and out of my room as t… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I am very concerned so I need a second opinion. I live in
Hi, I am very concerned so I need a second opinion. I live in California. I broke a glass window in my landlord's house that is illegal because it should be safety glass but it's not. The landlord kno… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a bedbug issue in my apartment. I am losing all my
Second opinion] I have a bedbug issue in my apartment. I am losing all my furniture and have two hospitalization with related issues to bedbug bites. Help!!!… read more
barristerinky
barristerinky
Attorney
38,722 satisfied customers
I bought a house in foreclosure in Atlanta, GA in August and
I bought a house in foreclosure in Atlanta, GA in August and finally got the previous tenants/owners out through Writ of Possession last week (it was a default judgment). Because I did not include "an… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,933 satisfied customers
I did a six month lease on this house and two things: there
I did a six month lease on this house and two things: there are lots of stairs and its too hard on my fractured sacrum. My 36 yr old son with his two kids are now here and its a constant battle. I nee… read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
Its California based. Not that I'm aware of there is a new
not that I'm aware of there is a new landlord - it is rent stabilized I'm master tenant and have a subtenant on contract no lease though they cashed my rent for four years so tenant at will have in email communication subletting is ok but now new landlord and new management says no … read more
socrateaser
socrateaser
1,031 satisfied customers
My artist studio is being terminated by the landlord for
My artist studio is being terminated by the landlord for reuse of the space. The lease does not define what my rights are for losing the lease. What are my rights as a tenant? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I recently settled an unlawful detainer case with a
I recently settled an unlawful detainer case with a landlord. We agreed to a settlement amount, which I have already paid in full, and a move out date in exchange for the landlord to permanently seal … read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
My fiancé and I are currently renting an apartment in
Second opinion] My fiancé and I are currently renting an apartment in Johnstown NY and have been living here in this apt for three yrs together.. previously I lived upstairs for eight yrs when I was s… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,686 satisfied customers
Im currently in at month to month Agreement. i gave my 15
im currently in at month to month Agreement . i gave my 15 days notice on the 21 to leave on the 6th. My landlord its stating i will have to pay a full months notice. Is this legal? … read more
barristerinky
barristerinky
Attorney
38,722 satisfied customers
My last question was deferred to another attorney. I haven't
My last question was deferred to another attorney. I haven't received an answer yet. Thank you, Carolyn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I've located the statute. Thank you. Wisconsin and no I'm
Wisconsin and no I'm trying to determine whether it's worth my time and effort, my son who is 26 in December and another gentleman from India in IT making a salary of $90k; son resided with me for two years, Rakshith just over twomonths … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
204 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x