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Lease Agreement Questions

If a Tenant Has Been Evicted, Can the Lease Demand a Person Not Enter the Property Again?

If a tenant has been evicted legally and has removed (or been given access to remove) all personal property, there is no reason for the tenant to re-enter the property again; to do so is trespassing by the evicted tenant. [ Read More… →]

Lease Agreement Questions  ·  July 19th, 2014

Can a Landlord Make a Tenant Responsible to Pay for Certain Repairs?

An apartment or home rental contract is just that: a contract. The language within any contract can be negotiated to agreement by both parties, the tenant and the landlord. [ Read More… →]

Lease Agreement Questions  ·  May 16th, 2014

If My Landlord Dies and a New Owner Takes Over, Is My Lease Terminated?

In most cases, and depending upon the language used in the lease, the death of the lessor would not cause the lease to be terminated. [ Read More… →]

Lease Agreement Questions  ·  September 18th, 2013

Must My Landlord Pay Interest on My Security Deposit When the Term Ends?

There is no interest due to the tenant on a security deposit held by landlord during the term of a lease — unless such a line item has been specified within the lease agreement and agreed to by the signature of both parties.

Lease Agreement Questions  ·  May 1st, 2013

Is a Lease Agreement Enforceable if No Rent Payment is Made Due?

To have an enforceable contract, consideration must be exchanged by the parties; consideration usually takes the form of money, even $1.

Other things could act as consideration, too. [ Read More… →]

Lease Agreement Questions  ·  February 28th, 2013

If a Management Company is Fired by a Landlord and My Lease is with the Management Company, is the Lease Terminated?

If a lease is signed with a management company, and if the management company no longer has authority to manage the property, an argument could be made that the lease is no longer effective. [ Read More… →]

Lease Agreement Questions  ·  February 5th, 2013

Can Our Landlord Make the Apartment Non-Smoking During the Middle of the Lease?

Some leases contain language allowing the option for the landlord to alter certain terms during the lease with proper notice.

The lease document itself must be reviewed carefully for the existence of such language. [ Read More… →]

Lease Agreement Questions  ·  December 24th, 2012

If I Have Roommates and One is Not Paying His Part of the Rent, Can I Get Him Off the Lease?

Usually, a lease contract is written with ‘joint and several’ responsibility for the payment of the rent. That means each tenant is responsible for the full amount of the rent due, not just his or her ‘part’. [ Read More… →]

Lease Agreement Questions  ·  October 31st, 2012

How Do We Handle Our Landlord When My Military Husband Has Been Assigned to a Different Base?

Military personnel and their family members are covered under the Servicemembers Civil Relief Act (SCRA) in dealing with civilian apartment and home leases. Section 305 provides: [ Read More… →]

Lease Agreement Questions  ·  September 4th, 2012

If I Get Divorced, Can I Tell the Landlord I Am Leaving and Make My Ex-Spouse Responsible for the Rent?

Until such time as the landlord agrees to release a tenant from liability under the terms of a lease, the tenants listed in the lease are obligated together to abide by those terms (i.e. pay the rent).

Unilateral pronouncements by a tenant delivered to a landlord will usually not result in a termination of liability for that tenant. [ Read More… →]

Divorce Questions · Lease Agreement Questions  ·  August 22nd, 2012