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Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for Florida on
Q: Help for eviction and abuse in Florida

I live in Florida and have been living with an emotionally abusive man for five years. We have no written tenancy agreement, but I paid rent weekly in cash until he first attempted eviction by falsely claiming I was a squatter. He refuses to write me receipts or accept electronic payments, and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 10, 2025

The way to "manage the situation" is for you to leave. Find someplace to go. Staying with someone who is abusive and destroys your property is ridiculous - any place is better than living in fear. There are shelters, etc. At some point your physical safety and mental health is much more... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Is eviction easier for lodgers in NYC and is court attendance required?

I own a property in Brooklyn, NY, with a lodger who has been living there for 2 years without paying rent. I have no lease agreement with her and have issued a 30-day eviction notice. I've also filed the necessary paperwork with the court. Is the eviction process in NYC generally easier for... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 9, 2025

Dear Brooklyn Property Owner:

If you do not have an attorney and you do not go to court, the judge will dismiss the eviction lawsuit.

There is no such thing as a 'thirty-day notice' anymore in New York. The law changed in 2019. Your lodger was entitled to a minimum of...
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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Personal Injury for Ohio on
Q: Rental property issues with tax lien and hazardous conditions

I have been renting a home for 12 years and recently discovered that the property has a tax lien that was sold to an investor, but my landlord never informed me. He also doesn't respond to any of my attempts to contact him about multiple issues, including visible mold and cracked ceilings,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 9, 2025

If you are current in your rent, you should make sure your complaints to the landlord are in writing. Consider escrowing your rent; your local municipal court will have information on the proper procedure for escrow. You should speak with an attorney directly so that they can review your lease and... View More

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for New York on
Q: Lead paint issue with tenant refusing access, potential legal risks?

I recently purchased a house and discovered during inspection that it has lead paint and a lead main water line. The tenant has been living there for two years and previously refused HPD emergency access for lead abatement, citing difficulties in moving furniture. I have hired a certified... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 8, 2025

Dear Brooklyn Home Owner:

Whether the tenant has grounds to sue or not does not mean that even if the claims are baseless, there won't be a lawsuit. It is a good idea to work out a strategy with a lawyer rather than wing it, since if access is denied, you will need to go to court.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Domestic Violence for Michigan on
Q: How to remove son from deed and evict him in Michigan?

I need legal advice on how to remove my adult son's name from the deed of my house and how to legally evict him. He does not contribute financially to the house, and there is no contract regarding his residency. He's unwilling to cooperate in resolving this issue and has become... View More

Brent T. Geers
Brent T. Geers
answered on Jun 8, 2025

You cannot simply take someone's name off a deed. And because of that, you're going to be unable to evict him as, legally, he also owns the house.

If you have fear for your safety, you may want to look into obtaining a PPO.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Can I continue the eviction process started by the seller for a tenant without a lease?

I am in the process of purchasing a property with a tenant who has not paid rent for the past two years and occupies only one room. The eviction process has already started in court but has been postponed twice. The tenant does not have a lease agreement. The current landlord has asked her to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 8, 2025

Dear Brooklyn Property Owner

Yes and maybe No. The question is best directed to your attorney. Your ability to substitute as Petitioner for the current owner may be real but the ability to succeed is only as good in the future as it is now. Only your lawyer right now is able to provide...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Deducted $400 from rent for repair landlord didn't address. Options?

I had a leak in my shower ceiling that led to the ceiling falling apart. Despite informing my landlord, he did not fix it for over a week. He then allowed me to repair it myself. I deducted $400 from my rent to cover the repair expenses and have our text message exchanges as documentation. However,... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 7, 2025

Dear Albany Tenant

The best method is to hire a lawyer. But we all know that the lawyer will cost more than $400

00.

This leaves you with multiple less effective options. You çould sue in Small Claims Court. But you will need to find out how the local court will use the...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Tenant refused to leave after served with 30-day eviction notice. Next steps?

I served my tenant with a 30-day eviction notice since she has been residing at the residence for less than a year. However, she refuses to leave, and the 30 days have expired. I haven't taken any legal action beyond serving the notice but have attempted to hire a lawyer. The tenancy is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 7, 2025

Dear Bronx Property Owner:

I would guess that your tenant refused to take the offer because she knows through the grapevine that the eviction proceeding in Bronx Housing Court could take as long as one year to conclude and for that entire time because of the mandatory assignment of counsel...
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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Gov & Administrative Law for New York on
Q: Can repair judgement be handled in Onondaga County instead of Syracuse?

I own a property in Onondaga County, New York, and I've been trying to address repair issues that the tenant reported. However, the tenant has refused access, and this has been ongoing since January, leading to eviction proceedings. I contacted both Syracuse and Town of Onondaga code offices.... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 7, 2025

The court with jurisdiction to enter an access order for repairs would be the same court where you initiated the eviction proceeding. Generally, all New York State real property actions and proceedings are "territorial," which means the real property must be within the territorial... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Florida on
Q: Is it legal for the HOA to block my account access due to unpaid assessments?

I live in a community with an HOA that issued a special assessment of $15,000 about 2 1/2 years ago. I have been unable to pay the full amount and currently still owe half of that. Recently, I received a notice stating my account was turned over to an attorney, but I haven't been contacted by... View More

Maite L. Diaz
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answered on Jun 6, 2025

Yes, it is legal for an HOA to turn your account over for collections if you are in default. When that takes place, the property management company typically avoids speaking to you directly and refers you to the attorney handling the matter. It may be possible to work out a payment arrangement... View More

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Florida on
Q: Is it legal for the HOA to block my account access due to unpaid assessments?

I live in a community with an HOA that issued a special assessment of $15,000 about 2 1/2 years ago. I have been unable to pay the full amount and currently still owe half of that. Recently, I received a notice stating my account was turned over to an attorney, but I haven't been contacted by... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 8, 2025

The HOA is not blocking your payments, just your access to make payments online. You always have the option of mailing a payment or dropping off a check or money order in person. Online access is typically turned off once an account is turned over to the attorney because you likely increase the... View More

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1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Texas on
Q: Can I sue my landlord in Texas for negligence due to a persistent roach infestation and health concerns?

I'm living in a rental unit in Waco, Texas and have been dealing with a persistent roach infestation for about a year, despite repeated complaints to my landlord. They send pest control, but it hasn't solved the issue. I've resorted to using extensive roach poisons, and I'm... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

Chapter 93 of the Texas Property Code provides a very detailed procedure for what is often called a tenant's "repair and deduct" remedy. When a landlord fails to maintain or repair the leased premises in accordance with its legal or contractual obligation, a tenant must give written... View More

3 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for Florida on
Q: HOA fee increase and missed payments in Florida condo

My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More

James Clifton
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James Clifton
answered on Jun 6, 2025

Unfortunately, rising HOA dues are a common problem. There is very little you can do to make them go down. You can, however, negotiate a payment plan for the delinquency, but the $900 per month will need to be paid going forward in addition to the repayment plan on the delinquency. If the... View More

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3 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for Florida on
Q: HOA fee increase and missed payments in Florida condo

My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More

Maite L. Diaz
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answered on Jun 6, 2025

If your father is behind on HOA (Homeowners Association) fees for his condo in a 55+ community in Florida, it's very important to act quickly to avoid serious consequences. Even though the building manager has only called you informally so far, Florida law allows HOAs to file a lien against... View More

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3 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for Florida on
Q: HOA fee increase and missed payments in Florida condo

My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 9, 2025

The first notice required is a Notice of Late Assessments, which provides the owner with 30 days to pay in full or the association will turn the account over to a lawyer for collections. That is the last opportunity to pay before legal fees and costs are added to the amount due. The next notice... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Illinois on
Q: Is my landlord allowed to damage my belongings after eviction in Illinois?

After being evicted on default on 5/7/25, my landlord deliberately damaged my belongings by putting lighter fluid on them. I have photos and many witnesses to support this claim. Is the landlord legally allowed to do this, and what actions can I take?

Charles Candiano
Charles Candiano
answered on Jun 6, 2025

If you are within the city limits of Chicago, your landlord had a duty to protect your property for 7 days under local ordinance. Elsewhere in Illinois, unless there is a provision to the contrary in the rental agreement, Landlords should follow a "best practice" scenario of storing... View More

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Q: What are our rights for installing cameras in rented home without lease agreement in CA?

I have been renting a home with my father-in-law for 15 years. Recently, the landlord brought a woman to live in the house without our agreement, and she is causing problems. We've installed cameras for security, which do not show inside her room or the bathroom, and the audio is off. She is... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 3, 2025

The first issue to be addressed is the landlord's allowing a person to reside in the unit without your permission. As tenants, you have the exclusive right to occupy the unit, whether your rental agreement is oral or written. So the landlord may not just bring someone to live with you without... View More

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2 Answers | Asked in Landlord - Tenant, Constitutional Law and Real Estate Law for Maryland on
Q: Can my landlord restrict firearm ownership in my apartment in MD?

My landlord sent out a notice requiring all tenants to sign a new addendum restricting firearm ownership within our apartments. I have not previously signed any lease terms concerning firearm ownership. The addendum is said to be mandatory, and I believe we should retain the right to protect our... View More

Mark Oakley
Mark Oakley
answered on Jun 2, 2025

If the restrictions are not already in your lease, and your lease is not up for renewal yet, then you cannot be required to sign the addendum; however, the landlord is not obligated to renew your lease at the end of the term. Unless you are in a public housing property, then you are dealing with a... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Missouri on
Q: Legal steps for resolving roommate dispute and ensuring peaceful move-out.

I reside in an apartment in Christian County and am the only one on the lease. I allowed a husband and wife to move in as roommates to help with rent, based on an informal lease we signed, believing both had or would get jobs. Neither obtained employment, and their behavior became... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 30, 2025

I have never heard of an informal written lease. It sounds like they are their subject to a valid lease. If they have breached the lease by not paying, sue them for rent and possession. If they have breached some other provision of the lease that gives you the right to terminate the lease, then... View More

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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law for Ohio on
Q: Can I retrieve belongings taken by my grandmother while living in her Ohio home?

I am almost 20 years old and living with my grandmother in her home. Although I have a job, my own money, and room, my grandmother often takes my belongings, such as incense, electronics, and makeup, claiming I don't deserve privacy in her home. Recently, she took a $500 electronic item I... View More

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2025

You have three choices. You could file a criminal complaint for theft. You could file a small claims complaint for conversion which is the civil tort that's similar to theft, where you're asking for a return of an item or its monetary equivalent. Lastly, you could continue to do nothing... View More

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