Just bought a condo, and there was a tenant who had contract with previous owner till August. So now I take over contract and she is my tenant now.  However, she does not answer to my phone calls or replies back to my emails, she still has to pay Marchs rent payment.  I am a consultanta and away on business and therefore can not go to the condo.  What should I do?
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.
462778
A case for harassment will be thrown out of court if it is based on your eviction of the tenant for nonpayment of rent. The operative word is "res judicata": she could have brought the matter up in the earlier case.\n\nAnyway, claiming and enforcing a legal right through normal channels cannot be harassment. I am assuming this is not a "statutory tenant" under a local rent control scheme. And that you did follow legal procedures.\n\nWith difficult tenants it is always best to keep a diary, listing contacts and what was said. If you have the means (perhaps by way of telephone bills) to reconstitute such a list, it will be helpful in court if the case is not dismissed on motion (you should tell the judge at the start that you want summary dismissal as the complaint states no cause of action; if the judge agrees then the case is over before it begins). Or you could counterclaim for the stolen (or "converted") property. You probably need to serve the documents for that now. You should be able to get a blank form (or a model as used in other cases) for that from the clerk of the court.
386982
The tenant pays you to use your house.  It is his home while he pays your rent.  He can ruin it or improve it.  He can be a good neighbour or a bad one.  It should be a mutually respectful business deal.\nBut yes, get a contract and stick to it!
268215
You have to follow the terms agreed to in your rental agreement.  Sorry there is not a better answer.
260368
Is this an appliance that you provided them?  If so you do have to pay to fix it, but since they're breaking the contract why don't you try to evict them if you have proof that there are more people living there than are on the lease.  You could also raise their rent based on the amount of people they've got living there.
204649
I think your getting hosed. The federal government sets standards for tenants and landlords. You should have received a notice of some sort unless it states otherwise in your lease agreement. Be careful there are some really shady dealers out there and this one might be trying to slip one by you. If you have to contact a lawyer for further advice you might actually be able to find one to advise for free over the phone. Good Luck! J
674252
Personally if they are newer tenants I'm at their door on the second of the month asking where the rent is.  If I do that a couple of times they seem to get the message.\n\nBe careful with late payment fees.  Many states control the earliest you can charge them and how much you can charge.  I too tried the idea of a discount if rent is received by the first and a small claims judge ruled that it was a transparent late fee that was charged too early, cost me about $225 including court costs.\n\nIf the tenant isn't on a lease (which I never do) and they are often late - raise the rent.\n\nIn my humble experience leases only protect the tenant and provide the landlord very little advantage.  The tenants usually don't have that much to lose, and it's not worth my time to chase them for less that $1,500
335995
A lease is a contract and if they've breached specifics of the contract, you could very well be able to get out of the lease.  If these are just "rules" that are posted (and not specifically part of the lease contract), then you probably would have to wait for the lease to expire.  \n\nSince you say "the lease clearly states that all residents....", the company that is renting the apartment (probably for illegal aliens) seems to be breaking their lease agreement, at the risk of your safety.  You may be able get that company's lease terminated or be allowed out of yours.  \n\nIf you can prove a pattern of the landlord not enforcing provisions of other leases, a judge would probably find in your favor.\n\nMy recommendation would be to contact the local HUD office or a real estate attorney and show them the lease.
445735
The landlord can ask a tenant to pay for whatever they want.  It's up to YOU if you want to or not.  If you don't, I would suggest looking else where, where it's not included in the lease.
478187
Time to get serious about the situation.  You have a contract and she has voided the contract with the bad check so she is out.  Did she tell you in advance about the bank problem?  If no then she is a con-artist and she will promise to pay in a few days and there will always be delays, stories etc.  She is bad news and you don't need to support her.   Kick her out asap and let someone else be duped by her.  Trust me I am in a similar business and I have heard every sort of excuse and sob story.  Don't give her any more time.  Go through a legal avenue so you son't have to listen to her stories first hand and fel sorry for her.  The next landlord will get the same bad business.
566035
Sounds like my landlady - maybe they are related? I don't think it is illegal to have visitors over unless you are subletting or making money out of their visit (conducting business with them on the premises) - that may be a breach of contract.\n\nWell you know, you should speak to your local council people (private housing sector) and they will tell you of your rights.\n\nAlternately, if you have leased through an estate agent, contact your agent and see what he has to say.\n\nHere are some web sites that may help you as well -\n\nhttp://www.thesite.org/homelawandmoney/home/tenancyrights/yourrightsasatenant\n \nhttp://www.argyll-bute.gov.uk/tenantshandbook/tenantsrights.htm\n\nhttp://www.arla.co.uk/info/tenants.htm\n\nhttp://www.landlordlaw.co.uk/page.ihtml?id=239&catparid=6&step=2&page=shop
377308
Duress would be threatening to turn the landlord in for something she was required to report, such as building code inspectors do to builders, landlords and private homeowners. As a tenant she has no obligation to fulfill a duty that jeopardizes her own housing. HOWEVER if not legally leasable she has no legal requirement to pay the rent until it does meet code, so while not "duress" for threatening to report him, it is stupid to pay even if the rent was lowered. Unless she wrote out an extortion threat in  her own handwriting, then it might be admissable in a civil court of law, it really depends on the lawyers and judge, but the landlord is not going to win much in any case. Just the lawyers, which is how most business law cases turn out.
111338
Go to Ask Jeeves, and put in tenant landlord questions you will find your answers.  I once had a foreign Landlord, who thought he was my Own-Lord, a Lawyer took care of that for me, it is against the law to harass you in any wayand most states are [pro tenant.  Know your rights.  A retainer, and small fee to a real estate attorney can remedy this quickly.  I know it cost money, but mine only cost $250.00 in the long run and it was well worth it to see the Landlord squirm.
560639
What you need to do is to talk to the apartment manager and describe your situation. See if you can pay partial rent and a late fee and hold off for a couple of weeks until you get back on your feet. You must keep the lines of communication open and show what you are doing to resolve this issue that you have caused. I, personally, would have done this before the rent was due.\n\nHowever, if you can't bounce back, see if the manager will allow you to sublet the apartment. Also, If you could find a qualified tennant to fill your apartment while you rent a room from someone else, maybe the apartment manager will not evict you and let you break the lease. \n\nAfter all is said and done, you are responsible for your own situation and problems. Your loss of emplyment and the status of transportation are only factors in your life, they do not relieve you of your responsibility (unless you're a democrat or a liberal, but that's another story). After all, I can't call up my bank and say "Yeah, I can't pay my mortgage on my apartment building this month because this tennant in unit #211 made some poor choices in her life. Yeah, she bought a Ford." I jest, but I hope you understand what I am saying.\n\nRegards...
343671
He may have no choice, meaning that the tenant currently occupying the unit apparently has not left.  This actually happens more than you'd think.  To be able to force the tenant out, the landlord would have to evict and get restitution of the premises from a court order.  Then he'd have to make it ready for you as well.\n\nThat being said, the landlord should be prepared to address the fact that he cannot meet his contract terms (the move-in date).  No doubt your rent should be pro-rated for the days you can't be in the unit.  However, you might be able to negotiate an even better deal, and if YOUR landlord doesn't allow you to stay (see my comment above), you are at risk of potential court action and a negative landlord reference.  You should be compensated, perhaps in a small way, for that.
206489
i'm not sure what part of the situation you own and who is renting from you, but here goes....\n\nif you bought a single home and you are turning it into 2 apartments, then i would defintiely check on the zoning issues with that.  \n\nif the neighbors are complaining, then too bad for them. they could try to petition it, which if enough people had issue, they could win.\nMy aunt lives in the town i grew up in and they were going to build some prject housing near her development.  the people of the town petitioned it and won.  \n\nyour situation is hardly similar in that it wouldn't affect the neighbor's value that much.\n\nalso, be aware, that if you try to do this project w/out proper zoning, and the neighbors find out...well, they could make a stink.\n\nnow, if you're talking about people already living in the home you bought and they don't want it divided, well, then you will need to consult their lease agreement with the old company.  if you bought it under the willingness of upholding their lease, then you're stuck.  if the previous owner sold it, then the lease is with them, not you and you can do kick them out if you please.\n\ni'll put this on my watchlist, so hopefully, you'll give some more details and i might help some more.
536711
The next time the situation happens, call the police and have them issue a no trespassing warning.  If it were me though, I would make sure that your tenant is present, that way it is documented that all parties involved know that this person is not to be there.  Plus the statement by your tenant that they did not invite this person to the property will help your case, especially if a trespass summons is issued and you do have to go to court. This also insures that your tenant is truthful that they really don't want this person around, or they can't say that they didn't know that this person is not welcome.  Finally, if it comes down to it and this person continues to come around, you would really have no choice but to evict your tenant.  Most lease agreements stipulate that residents are responsible for the actions of their guests.  Sounds like you have a good tenant so I hope it doesn't come to that. Good luck to you, this is a hard problem to deal with.