Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Rented a house w/basement apt where prop mgr lives. Owner in…

Customer Question
Rented a house w/basement...

Rented a house w/basement apt where prop mgr lives. Owner in another state. Picture window broke out and was hidden behind curtain. Window was to be replaced in 30 days, year later no window. Prop mgr been using our electric, $1000 bill. Owner said if we complain about window one more time we have get out. Code enforcement found numerous dangerous violations and called owner, next day we got notice to quit. We filed for 540 hearing before notice to quit. What can we do. Code says owner is suppose to live here.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NH

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We aren't responsible for any. We moved in and there was hoards of trash and junk under snow. Very nasty. Prop mgr said he wasn't doing any of it. I did, took 2 weeks and two trailer full trash. Still bunch here, alot health code. She was here taking pictures.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were told by code guy not to go on our back deck that's 2 story up, dangerous and stairs to bedroom go straight down like a ladder. We have pics, texts emails from prop mgr and owner supporting all this.

Submitted: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
3/22/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

It seems like you've taken the appropriate steps in filing for a hearing. Thus, could you help me understand what your concerns are regarding this situation?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
What can we do if any to recoup our losses, the retslitory eviction and how long may we get to find a place to move.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see what you mean. So, this appears to be a violation of the implied warranty (promise) of habitability if they have not replaced the window and if there are code issues that they have not resolved. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me today that I could help you with?

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I gave a tenant 30 day eviction notice and with 15 days left
I gave a tenant 30 day eviction notice and with 15 days left they have snuck a dog in. The lease states no pets and I did not charge a pet deposit since it's a not pet property. What can I do? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I signed a house rental agreement with terms to have the
I signed a house rental agreement with terms to have the place clean at checkin. However the property was very dirty and broken items at checkin time and we did not move and take keys. Plus at checkin… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I hold a WARRANTY DEED that is granting ownership of a house
I hold a WARRANTY DEED that is granting ownership of a house and property to my brother my sister and myself dated 4 MAR 2004 in the state of Indiana. My sister has since relocated out of state. Do I … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In live in texas and have general warranty deed with
in live in texas and have general warranty deed with vendor's lien can i sell the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Here is my situation. I had a pet that was not on the lease.
Here is my situation . I had a pet that was not on the lease. I receive a letter to cease and desist . Remove the pet. Family came to visit about 4 mo later she brings pet for visit .maintence comes t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
How can a real estate firm prepare a residential lease for
How long can a real estate firm prepare a residential lease for in Florida? If I break a residential lease in Florida, how many months are they legally allowed to charge me for breaking the lease? If … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,437 satisfied customers
The maintenance manager of my apartment complex enters my
The maintenance manager of my apartment complex enters my apartment when I am not home, and the reason I know about it is because he makes it obvious by moving things around, my sofa, the rugs, things… read more
Legal Eagle
Legal Eagle
Lawyer
10,429 satisfied customers
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,437 satisfied customers
I cosigned a rental agreement for son. The agreement I
I cosigned a rental agreement for son. The agreement I signed was supposed to be renue the second year. I did not sign it. They lived in that rental property for at least 6 years. Now they are trying … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My apartment landlord wants to charge me a $500.00 pet
my apartment landlord wants to charge me a $500.00 pet deposit "again". I paid my deposit 3 years ago but there is no record of it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,437 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,437 satisfied customers
Can i have a pet visit a non pet unit. Orange county, ca.
what type of paperwork? all i have is a copy of my original lease from 7 years ago … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am the sole renter on a rental agreement. My landlord has
I am the sole renter on a rental agreement. My landlord has given me permission (verbally) to have a room mate. my current room mate has become intolorable to deal with..claiming mutual space in home … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,437 satisfied customers
I am on a rental Agreement with my daughter. I have not been
I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,437 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
4,199 satisfied customers
I have no rental agreement how fast can I be evicted,
I have no rental agreement how fast can I be evicted … read more
KLAW
KLAW
Juris Doctorate
2,048 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