Should I file a law suite against my landlord ?
462316
There is a difference between a lease and a month to month rental agreement.  If you have a month to month agreement and want a lease, the landlord probably does not have to provide one merely because a landlord is not required to lease property at all.  He/she may restrict all rentals to non-lease contracts.\n\nHowever, if he is trying to get you to move out because you are on public assistance, you may have a foundation for a discrimination action.  Fed/State law doesn't allow for discrimination, but it restricts itself to issues such as race, gender, etc.\n\nLocal and county ordinances can provide additional protections above and beyond federal and state law.  Federal/state law doesn't address source of income as a basis for discrimination.  For instance, in the state of Connecticut, a landlord CANNOT use the source of income as a factor in renting or giving a lease.  In other states, he or she may.\n\nI suggest you contact HUD or a representative from your public assistance agency who can lead you to the information you need for your specific situation.  Don't threaten the landlord yet.  That will only make matters worse, but please do some research.  You may have a case.  As I said, it truly depends on several factors the most important being the laws where you are renting.
898866
I just took a look at that "free" standard agreement, and there are a boatload of problems with it.  My office gets landlords in all the time who have managed to screw themselves royally with those free forms, Staples leases, landlord.com crap, etc...  \n\nMany clauses in those leases are unenforceable because they go against state or local law.  People can't sign away their rights.  It just doesn't work that way.  Those agreements aren't written with your best interests in mind nor do they protect you or your rights in many instances.   They are like sugar pills ... you feel all secure but in reality it's worthless. \n\nThis lease doesn't include the all important term "right of reentry" which allows you to legally reclaim the unit using the notices and causes for eviction provided by the laws of your state if the tenant fails to abide by the terms of the lease. If you didn't reserve the "right of reentry" in your lease, you have given up your right to evict for anything other than non-payment of rent.   \n\nSome other problems with this lease:\n\n"A finance charge of up to 10% of rent not paid will be automatically charged to the Tenant’s account after the fifth day of the month."   Many places have laws that limit the amount of late fee that can be charged, no matter what the lease says.  This amount may or may not be legal where you are.  And many states have laws (either statutory or case) that protect people who are on pensions and such from being charged late fees at all if their checks are issued on the 5th or whatever.\n\n"If the tenant’s rent is past due and the landlord exercises his legal right to seek a judgment against the tenant in court, a $xxx fee shall apply in addition to court costs, late fees and rent due." That's basically a usury charge, and I'll bet it's unenforceable in almost every state. \n\nAlso this lease doesn't state that the court costs or late fees are considered "additional rent", and as such you probably won't be able to claim them on a non-payment complaint. \n\n"If the tenant abandons the property, the landlord may enter and relet the property. In this case, the landlord may also remove and dispose of any personal property left behind by the tenant."  Want to get sued?  You need to take legal action to regain posession of the apartment, and you must follow the law in your area regarding abandoned property.  You can't just toss it out.  Let's say your tenant disappears.  You think he abandoned the place, dump his stuff and re-rent the unit.  Your tenant shows up in a month or two and guess what?  YOU are the one in trouble.  You didn't regain legal posession of the apartment.  Those people are living in his apartment.  You threw out his stuff.  You are going to pay for this through the nose, and the few hundred dollars he owes you will be deducted from the thousands of dollars you will owe him.   We had one tenant as a client who was wrongfully detained for over a month in a foreign jail while on vacation.  He  came back to find new people in his place and all his stuff gone.  The settlement our office got for him was probably twice what most people reading this make in a year.  The landlord could easily have avoided this by taking the legal steps required to reclaim the unit and by placing the tenants belongings in storage as required under the law. \n\n" will return the balance within 30 days. The tenant must give the landlord written notice of the tenant’s new address or make other arrangements with the landlord for the return of the security deposit."   If state law say you have fewer days, then that's all you have.  In many places, if you don't return the deposit or a written statement why it is not being returned (unpaid rent, damage, etc) within the time frame allowed by law, the tenant is awarded 2 or 3 times the amount of the deposit.
812558
You have an enforceable contract that has been breached. However, your contract is for a month-to-month rental, since he did not sign the lease. You passed up other tenants as consideration for the agreement and that should be enough to bind him to month-to-month status which makes him responsible for giving 30 days notice to end to agreement.  It may be argued that that you have a lease agreement by estoppel because you passed on the other prospective tenants, and that he should be held liable for rent and all expenses until you find a replacement or the lease is up. You have a duty to mitigate damages. You will need to seek another roommate ASAP. Any additional costs in finding a new roommate may also be added to your claim. \n\nPhoenix has a very good small claims court. (I lost to someone there because I could not attend the hearing in person).  Depending on the amount of your claim, you may be able to handle it yourself as a small claim, but if the amount of damages exceeds the limits, you would be forced to file in regular court. Good luck.
92100
No. Absolutely not and you can pinpoint to your landlord that it is against the law. I hope you have a formal written agreement from the province stating that; even you do not have one, it is still against the law.\nYou are allowed to have your own privacy unless there is an emergency like a fire or a neighbour reporting screams..\nAs for repairs which do not need immediacy, you both agree on a certain time and a date.
346078
The answer to your question should be in your lease if you signed one.  However, you can just take the landlord to court with your PROOF that a repairman has come and the problem is not fixed and PROOF that your utility bills are higher as a result.  Always make sure yor rent is paid and on time...it strengthens your case and causes the adverse if you don't. These cases are common and people do win.  So just make sur eyou have proof of EVERYTHING and then take it to court if you've already approached the landlord with your problems.  Give the chance first to allow for it to be fixed and have proof of that too if possible, then it will also be noted that you tried everything including allowing them time to fix the problem but to no avail.
320547
Highly unlikely, but also depends on city and or state landlord tenant laws where you live.  If you truly feel wronged by the situation I would address the landlord directly about the issue.  Although, in most cases the laws favor the landlord so you have to determine whether or not you really feel he was liable and negligible in the situation.
23750
The state that you live in should have Tenant/Landlord on their website.  It sounds to me that you may be able to put your rent money in Esgrow until the Landlord makes the repairs.  Be certain to keep a Journal and write everything.  Send certified letters to your Landlord...do it all in writing.
694218
I don't know what city or state you're from...but if you live in California..we have some very tight restrictions about landlords bilking tenants...first and foremost document everything...second hire an atty...may cost you some $$$ but it sounds like you can sue for initial money back plus some...good luck
1186863
Check with state attourney general for a statement of what a tenant's rights are for.  She will probably be able to take him to small claims court and win.
1183307
Yes, but this is an up hill battle. The laws are not really in your favor. \n\nHave your attorney file a "stay judgment order" which should give you time to mount an appeal. There are nonprofit organizations out there to help you, do some searching for pro bono housing council.
357922
The very "first" thing you will need in court or arbitration or where ever you go with this is ............\n"What Does The Agreement Between The Two Of You Say"?\n\nGet out the “Signed” Tenant/Landlord Agreement (you do have one don’t you?), read it and then you will probably know with a reasonable amount of certainty what a judge would say if it goes to court. \n\nMy advice is usually, take the money and run or pay attorneys and lose even more than you already have.
302038
I am a law student so I can offer you NO legal advice all I can do is give you my opinion it bears no legal weight whatsoever. I will have no legal consequence for anything you do with this opinion. I will not be liable for any loss, expenditure etc that you incur. If you plan to take action seek a licensed attorney. \n\nThat is a disclaimer I have to say sorry. Normally I would not reply because of it but I feel for your situation I chose to.\n\nYou might have a legal claim on implied warranty of habitability. I’m not sure what state you are in and what law they apply but most states say that the apartment must be fit for human habitation. It would be in the courts hands however, if they would find that being without electricity to the appliances that stopped working when the breaker went off made the unit uninhabitable.\n\nIf you replace anything on your own keep the receipts in some jurisdictions the court will allow you to withhold rent in the amount of the repairs that you do. Again seek an attorney’s advice.\n\nIf you are evicted there is a possibility that you would be able to claim constructive eviction. That the place was so uninhabitable that you had to leave and once the landlord makes the appropriate repairs you might be able to recover the expenses you incurred from moving out. Again seek an attorney for a valid opinion\n\nLastly and probably the first thing you consider doing; check your lease. There could be certain things promised to you or the availability within the lease for you to break it if they fall below a certain standard. If you want to you could point it out to them and state that the unit is below the expectation that they drafted.\n\nAgain, I am NOT an attorney. This is my opinion and everything stated within it should not be relied upon as legal advice. The only person who can give you good advice is a licensed attorney.
1057772
Look at your original lease.  He cannot add terms or conditions to the original document.  That constitues a breach.  DO NOT sign the new one without talking to a lawyer about what your rights are in regards to the original contract.  When someone changes a material portion of the lease, they are offering you a new lease.  He is still responsible for what is under the original before the date of the new one.  \n\nNow I'm telling you this without looking at the lease, and without knowing the laws in your area.  you should definitely have a  lawyer look at it though.  \n\nJust a thought....you might want to consider moving anyway, but at least get rid of the 30-day eveiction notice part.  Please have it checked out though.\n\n  me
282202
If not in writing it's going to be tough to fight it. Unless it was specifically addressed in your verbal agreement they have every legal right to ask for additional deposit. Obviously if you've been there for 10 years you must like the place a lot; probably not worth fighting.
736714
Talk to your landlord.
841595
if he sues you in court show up, let a judge decided if the landlord's lease is legal,\n\nbut remember if he files against you and you do not show up he wins no questions asks
534413
Small Claims! Tell your landlord you need to move, may let you out of the lease. If not, leave anyway. There are still tenants there. (no damages). Evidence obviously needed. Take MANY pictures of the condition when you leave.