I live in ND and my landlord is trying to sue for cleaning costs. Since then he's had several tenants in the same house. Is there a statute of limitations that applies? He has never contacted me before this with any requests for money. I've been out of the house for two years.
127298
He cant prove it was you then.\nIf he sues he will have to sue all tenants at the time. Also if there was a deposit he can take the deposit but chances are the lawsuit will get thrown out of court.\n\nLook specifically in your contract to see if he retains any rights to file legal claims against you after the fact (some people have tricky contracts they write up) If not, then I wouldnt worry too much. Now im not a lawyer, nor do I play one on tv so this is solely my opinion.\n\nI would suggest telling him to shove it up his a**
166234
Depends on the state.  You obivously have internet.  Look up your state's landlord tenant laws.
594880
Unless stated in writing previously, the landlord does not owe you a dime. If you were to undo the changes, the landlord could charge you, keep your security and/or sue you in court. I would suggest sucking it up and play nice and see if you could get anything out of your landlord. He is not required to give you anything whatsoever.
492604
The question is not 'what rights do you have?' its what claims can he make on you and how can these be honored? If the landlord is paid, then the landlord is out of the issue. Without a written contract between you and xbf, there is no course for a court to take. And frankly what court would want to deal with this issue. I  realize it important to you but its a fairly petty matter\nJust walk away
194247
how much were the late fees?? for 3 days?? if it was in the agreement and the fees were "reasonable" then yes. The landlord can charge any "reasonable" amount that reflects the landlord’s actual losses because of the late rent payment. Here's the catch though;  late fees should not be designed to penalize the tenant; unreasonably high late fees are usually not enforceable. Courts in some jurisdictions have held late fees that are $1 a day to be excessive.  Courts in other jurisdictions have held that charging $40 for being one day late is not excessive.  What a court considers to be an unreasonable and excessive late fee depends on the jurisdiction the property is located. Landlord tenant law is very complex, varies by city, and is constantly undergoing changes.  An experienced landlord-tenant lawyer can advise you of the exact rules your city has regarding late fees and can protect your rights. If the late fee is excessive and unreasonable, a court may declare the clause in the lease containing the late fee provision void.  A tenant may also be awarded money to penalize the landlord if the late fee violates a city or state law. You have to becareful with some landlords, especially in ca (i've lived in the bay area)..just b/c it is in the rental agreement does not make it legal.. contact the LEGAL AID office in your area to make sure what they are doing isn't illegal. Your situation sounds kind of fishy though.. double check to make sure, i might be wrong but it seems kind of odd. an eviction will become part of your 'record' so don't take the matter litely..good luck hon!
630707
i have a few friends who have won their cases against landlords who have refused to make repairs and neglected their tenants, in most cases they were allowed to stay in the apartment rent free for up to a year until all the repairs were made or they moved out.  but it is a big hassle because of the running back and forth to court and the living conditions decreased because the landlord would do things like turn of the water lights etc.. they would eventually get turned back on but it was a hassle
657070
Iowa law requires that notice be given 30 days in advance or as long as the period between rental payments is:\n\n"A person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown, and thirty days' notice in writing must be served upon either party or a successor of the party before termination of the tenancy. However, if a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than the interval."\n\nThe landlord could also evict you, but that involves a notice of nonpayment, an order delivered by the Sherriff that eviction proceedings are being held, and a court date
68771
Check your local government website.  There should be a link or somewhere to search for landlord-tenant rights/disputes.  Or if your state has renter's court you may be able to ask someone there the steps you would need to take or a better referral to someone who has more answers.  Tenant-landlord disputes will always go through state hands first, so your best bet is to start there.   The internet is a good starting place, but I have found that it is best to talk to people/agencies directly.
257357
This is not a simple question - if you live in the USA, especially. There are laws that cover Security Deposits and Fair Housing Guidelines and to ensure that you have no problems in the future, you need to comply with the Fair Housing law(s) of your State\n\nBoth Landlor and Tenants have rights under this law.\n\nYour tenant, for example, has the right to request/expect (and should be done) that the landlord conduct a walk-through of the rental unit time (1 or 2 weeks, depends on your laws and contract) prior to the official termination of the tenancy contract.  It is thru the walk-thru that you tell the renter if you will withhold any of his/her deposit  if repairs or cleaning are not performed by tenant.  After removing all personal property, the tenant can again request a final walk-thru wiht the landor to ensure thatll obligations have been fulfilled.  Accdg to your contract and laws, you have a certain number of days after vacating the place the landlord (you) has to  mail the renter the deposit or an itemized statement of any deductions taken out y the landlord.  If more than a certain amount of witholding is kept (limits by State law) by the landlord, you are required to accompany the itemization with copies of the receipts and documents showing the charges deducted.  There are other 'time limitations' but again depends on the State.I believe, but I can't remember, that the tenant can waive receipt of these documents.  There is other little things that you need to ensure you do to ensure that this tenant doesn't come back and bite you in small claims court.\n\nThe Letter can be simple:\n\nLetter to (legal/full name of tenant as in contract) and address he provides you.\n\nSubject: describe here the rental property (full legal address, unit number and renter name)-Rental Dates to-from\n\nDear Mr XXXX\n\nOn date you notified me that you would vacate the xxxxxxxx property.  We inspected (if you did) the xxxxx on date and xxxxxx date.  \n\nNo damages where found or damages where found as follows\n\nand consequently repairs had to be made for a total cost of $$ receipts and description of work done are enclosed.\n\nFinal walk thru was made on xxxx. This letter confirms that All your personal property has been removed from the property.\n\nSincerely,\n\nyour name\naddress\n\n\n____________\nLetter received by (name of tenant and date)  \n\nnote: make sure that you have the tenant sign receipt of letter and date it.
209050
Your rights and responsibilities as a landlord vary by location.  Most states in the US provide that you can send your tenant a 3 or 5 day written notice to pay the rent or vacate the premises.  If the tenant hasn't paid or vacated within that time period then you can file a lawsuit for eviction.\n\nGo to http://realestate.findlaw.com/landlord and read about your rights in general.  Then click on the Resources link to get the specifics for your state.
476408
Every state landlord/ tenant laws different. I own apt buildings in two different states and closing escrow on another one within a few day. So I know landlord/ tenant issues.\n\nI'm not a lawyer or paralegal but I know contract law and work with them all the time so I'm rather knowledgeable on lease laws. \n\nFrom your question it sounds like you have no written agreement with your landlord. That is why the judge didn't here your side. It doesn't matter who you had rented the apt from originally. \n\nOwners change property managers often but it doesn't change anything for the current tenants unless they resign the agreement.  \n\nAnything not in writing come down to his/her word against yours. Being he owns the property you have no legal standing to the property except as a renter.  \n\nI'm surprised the judge didn't tell your husband that and also that he was in violation of the law. A renter can not hold back rent to blackmail the landlord in fixing something. If that was the case every renter would do it for what they deemed needed fixing. \n\nNow, if it was a safety issues electrical, plumbing and major leak, things like that and the landlord doens't fix it within a reasonable time. The word is reasonable and it isn't 10 min after reporting the problem. \n\nOne can have it fixed (hire a professional) an give the landlord or management company the bill. Then if they don't reemburse you, take them to court. But, you still have to pay the rent.\n\nSorry for your situation but there is nothing I or anyone can tell you to make it better.\n\nBut, I can give you some advice for the future. \n\n1. Inspect the property your planning on renting. Just as you would a car, house anything your buying from an individual or company.  \n\n2. If it is major issues don't move in until it is fixed. One persons minor might be anothers major issue. Like covers over light fixtures minor but it looks bad.  It is another thing NOT having covers over electrical switches that is a safety issue and should be considered major and done prior to moving in.\n\n3.Get everything in Writing. Your word against anothers doesn't hole water in the court of law. \nSome places court dates are booked up so far out because of so many cases that that judges only look at the relevent evidence and ask very few questions before deciding. \n\nLast year I went to court as witness we were 5th. We were in front of the judge in less then two hours. Two before us were done in less then 10 minute. There were some real unhappy people but there wasn't anything to back up the evidence. Nothing in writing.  \n\n4. Most important thing, READ WHAT YOUR SIGNING BEFORE SIGNING. If you do not understand what is written ask or get legal advice from someone who knows legal contracts. Paralegal that know contracts are a lot cheaper then a lawyer. \n \nGood luck.
461429
New Jersey has very specific laws.  \n\nIf you are even one day late with the rent, the landlord can file for eviction based upon non-payment.  A grace period is the period before you are charged a late fee and has nothing to do with the day your rent is due.  If you rent is due on the 1st and they don't have it by midnite, they can file the summons & complaint at 9:00 am on the 2nd.  There is no "30 days" or whatever in New Jersey.  Filing for non-payment requires no prior notice unless your landlord put it in your lease that they would give you notice.\n\nIf you don't have a lease, your landlord cannot charge you late fees or legal fees. \n\nIf you live in a rent controlled unit, most towns have limits on the late fee that can be charged.  Other than that, the late fee is subject to a reasonableness test that varies from county to county.  Usually it runs around 10%.\n\nIf you do have a lease that lists late fees and attorney fees as "additional rent" you will have the fees taken out of your deposit if you don't pay.\n\nBut the really good news is that in New Jersey, landlords are limited to "reasonable" actual attorney fees ... and $500 is laughable since you didn't even make it to the court appearance stage.  \n\nThe filing fee on a non-payment case in New Jersey is anywhere from $27 to $32, depending on what county you are in.  To do the actual paperwork involved in filing a non-payment complaint, the going rate for an attorney in New Jersey is anywhere from  $75 to $200.  The complaint would have been statutorily dismissed when you paid the rent, so there would be no court appearance fee.\n\nLook at the summons & complaint you received.  It should have the name of the attorney or firm that prepared and filed it.  If you didn't get a summons & complaint then your landlord is lying about having filed because there is no way to stop the process once it is started.  If he tries to tell you that he or they called the court and "told them not to serve you because you paid" then he is lying.  You would have been served anyway, and the notice of dismissal would have been sent to the court separately.\n\nIf you were served a summons & complaint but it wasn't prepared by AND signed by an attorney, then your landlord is lying.  Make sure an attorney signed it, and that your landlord just didn't do it himself and insert the name of a lawyer or firm.\n\nYour landlord had every right to file (assuming he actually did), but he can't pull numbers out of his butt.  If he filed himself, the most he can charge you is the actual filing fee of $27 to $32.  He can't charge for his time, gas, etc.  It's strictly actual cost.\n\nIf he tries to take an imaginary fee of $500 out of your deposit, you can sue him in small claims under the consumer fraud statute.  That means he will have to pay you $1,000 (double what he owes you) for trying to cheat you.\n\nHow many units are in your building?  Is it owner occupied?  Were you notified of the location of your deposit in writing within 30 days of giving it to him?  I'm asking because there may be a way to protect yourself from him trying to deduct anything from your deposit depending on your answer.  Post the answer to those questions as additional info, and I will update my answer to tell you if you can do this or not.
6219
Landlord-tenant legislation in the US is governed by state law.  You need to post the state and country that you are talking about because they are all different.  \n\nIF YOU ARE ON A LONG-TERM LEASE:\nIn most states, the landlord is permitted to charge you for the entire lease period, except if the lanlord or an agent of the landlord accepts your move-out notice, which it appears that he did, because he didn't contact you that it was rejected, he advertisted it as available on 12/15, and he accepted your keys.  So, in that case you should be of the hook on the date mentioned in the notice.\n\nIF YOU ARE ON MONTH-TO-MONTH:\nIf you are on a month-to-month lease, most leases&#92;state laws say that that you are required to give at least 20 days written notice prior to the beginning of the next calendar month or the lease renews itself. \n\nSo technically by giving your notice on 11/16 you are freeing yourself from a month-to-month lease as of 1/1.  However if your notice said you would remain 60 days, so the landlord could hold you liable for payment up until 1/15.  If he had your keys on 11/23 and you were on a month to month, I think it's kind of jerky to charge you from 1/1 to 1/15.  \n\nI don't see any way the landlord could collect from you for the period of 1/16-1/31 unless they argue that your notice was improper, or that they did not accept your notice, in which case they should have sent you a letter saying so, shouldn't have taken your keys, and shouldn't have placed an ad in the paper saying that it would be available on 12/15.  \n\nIn short, I think that you would have a tough time PROVING you're not responsible for 1/1 to 1/15, but if you were on a month to month lease you should write a very nice letter asking them not to charge you for this because you moved out in november.\n\nIf they tried to make you pay for 1/15-1/30 you are on pretty solid ground.  They would have a hard time getting a judge to agree you are liable for 1/15-1/30, due to accepting your notice and keys, and the ad in the paper.  So by not paying that I think that the only thing you risk is a bad rental history.\n\nI don't know of any requirement in any state that says the landlord has to advertise or make the apartment available.\n\nPS:  You must verify this with a lawyer before you act on this answer, which is not legal advice.
273505
I don't think there is a limit as to how many times you can go into your rental property, however, if your tenant feels as though you are constantly bothering them for little small items they will probably report you to the local authorities.\n\nIn my lease I am authorized to visit at least once a month for safety reasons as well as to see if there are things that need reparing.\n\nTo eliminate problems of tenant neglect you must do as good a job up front as possible to eliminate any future tenant problems. \n\nWhen I have eliminated the applications down to 3-4 possible tenants I find a reason to visit the place the are presently residing unannounced to get them to sign something or take and drop off a document. Once there I make an excuse to get into the place where they are living normally may I use your bath, while walking throuh the property I make mental notes about how they are taking care of this property.  Based on what I see will determine if they are gonna rent from me.  This will eliminate a few possible tenants though not fool proof, I have eliminate about 60% of my former headaches before I started doing this.\n\nNow once you see that the tenants keep up the property pretty well you can make a visit about each quarter. Don't run your tenants away by beingover bearing, remember this is their home and they want their privacy.  You can always expect a little damage that is the cost of doing business.  Once they move, and you make the necessary repairs all is tax deductable, check with your tax preparer for information on depreciation, mortgage interest, county tax and other possible deductions from having a rental. I make sure I enclude the cost of lawn up keep in the rent, I don't rely on my tenants to mow the grass or landscap the property.\n\nI hope this has been of some use to you, good luck\n\n"FIGHT ON"
585117
It depends on where you live. In Nevada, you have to advise the landlord of the problem, in writing. Be ready to prove that you gave her the notice (keep a copy, send it certified, return receipt requested). Once she receives the notice, she has 48 hours to fix the problem. This would be true for "essential services" only, things like refrigerator, stove, air conditioning, but not for things like dirty carpet or a broken television. If she doesn't fix the problem, you could file a complaint with HUD or you could file a lawsuit.\n\nWhatever you do, don't just move out, especially if you are under a lease agreement. If you break a lease, you will be the one paying.\n\nGood luck, I hope this helps.
312382
I WORK AT AN APARTMENT COMPLEX IN DELAWARE. IF SOMEONE IS ON A LEASE AND ARE RENTING THE LAW IN DE IS SIXTY (60) DAYS NOTICE. BUT IF HE IS JUST LIVING WITH YOU AND IS NOT ON THE LEASE, I DON'T THINK YOU HAVE TO GIVE HIM NOTICE. YOU CAN TELL HIM CAUSE OF HIS ACTION YOU DONT FEEL COMFORTABLE LIVING WITH HIM ANYMORE. YOU MIGHT WANT TO CHECK AND SEE IF YOUR STATE HAS A LANDLORD TENANT CODE BOOK AND CHECK AND SEE WHAT IT SAYS.
476946
If you have been ordered to vacate your rental home because it has "toxic mold", your landlord should be paying your relocation costs and your security deposit should have been immediately refunded.  \n\nDidn't you go to legal services for help when this all started?  Why didn't you get a lawyer or legal services to cut a deal with the landlord for you?\n\nWhy do you only have "4 days"?   When is your rent paid up until?