Q. My landlord has been refusing to return my deposit for about six weeks now - at first it was because he said the mould in the flat (which I moved out because of) was my fault, but having accepted that's not the case, he's still stalling. I want to take him to court but is there much chance of winning? And how do I go about it?
A. You have a very good chance of winning. Take him to small claims court. The landlord has to prove damage to the apartment was caused by you. Not only that, he has to return your security deposit with interest for the amount of time he held it.
How can I get my Landlord to do needed repairs on my apartment?
Q. My landlord appears to be a slumlord and appears to do work only when forced to by the law. Court is time consuming and emotionally draining - is there another alternative.
A. Move house. Find better landlord.
Is it illegal for a landlord to reject a potential tenant because you will have a roommate?
Q. The landlord said that because they have had roommate situations in the past where the rent didn't get paid, they don't want to rent us the apartment. Is this illegal or is it their decision to rent it to whoever they want?
A. This is perfectly legal in the US. And yes, the landlord can rent to whoever they want, it is their property.
What are the issues with paying a landlord the full years lease up front?
Q. Landlord is looking for a full years lease payment for disabled lessee with no co-signor. What are the issues concerning paying up front. Refuses to accept monthly payment from trust account.
A. If the tenant moves out, it will be very difficult to get the landlord to refund the overpayment.
The landlord may be disinclined to make repairs or perform general maintenance on the property because he won't have any concerns that the tenant is going to withhold rent, or move out.
EDIT: As an FYI, it is against the law for a landlord to refuse to offer reasonable accommodations to a disabled tenant. If the tenant needs to pay rent out of a trust account, then I would argue that this is a disability accommodation the landlord must make. (If the tenant received Disability on, say, the 15th of the month the tenant has the right to demand that the landlord accept rent on the 15th instead of the 1st.)
RESPONSE TO "LESSIS:" Actually, you are very mistaken. If a landlord breaches the lease agreement tenants are absolutely entitled to leave before the expiration of a lease. I would strongly encourage you to read up on such topics as "lack of habitability," Act of God, and anticipatory repudiation, and all of the other many, many, many reasons a one year tenant would have that would allow them to vacate. And even when a tenant moves out improperly during the lease agreement, landlords are NEVER allowed to simply collect rent until the lease agreement would end. (Pssst: Here's another thing for you to research: Mitigation of Damages.) The landlord has to re-rent the unit and cannot collect double rent.)
The landlord may be disinclined to make repairs or perform general maintenance on the property because he won't have any concerns that the tenant is going to withhold rent, or move out.
EDIT: As an FYI, it is against the law for a landlord to refuse to offer reasonable accommodations to a disabled tenant. If the tenant needs to pay rent out of a trust account, then I would argue that this is a disability accommodation the landlord must make. (If the tenant received Disability on, say, the 15th of the month the tenant has the right to demand that the landlord accept rent on the 15th instead of the 1st.)
RESPONSE TO "LESSIS:" Actually, you are very mistaken. If a landlord breaches the lease agreement tenants are absolutely entitled to leave before the expiration of a lease. I would strongly encourage you to read up on such topics as "lack of habitability," Act of God, and anticipatory repudiation, and all of the other many, many, many reasons a one year tenant would have that would allow them to vacate. And even when a tenant moves out improperly during the lease agreement, landlords are NEVER allowed to simply collect rent until the lease agreement would end. (Pssst: Here's another thing for you to research: Mitigation of Damages.) The landlord has to re-rent the unit and cannot collect double rent.)
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