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.)
Can a landlord legally post an apartment video including my things on the web without permission?
Q. I live in Georgia and the landlord from the apartment I just moved out of has posted a video of the interior of every room of the apartment on the web which clearly shows all of my belongings. No permission was given for this. Is this legal and can I sue for damages or get reimbursed for this? Other ex tenants apartments are shown as well and all are angry in case you're a lawyer looking for a case.
A. examine the lease you signed and look for this clause. most likely it will not be in there. they may most likely be able to video tape it once you vacated the premises, but if they entered your premises without your permission and did this then i would get all the tenants together and sue the landlord. it almost ammouts to breaking and entering or unlawful entry. do not let them use the excuse that they were checking something or that somthing was broken either.
What can a previous landlord legally disclose to a new landlord?
Q. We have received a notice to vacate (landlord gave us over 30 days) due to the fact we overly crowded in the apt. 2 adults & 2 kids (small 2 bedroom apt) and states it is a fire hazard as well as health hazard to us and our neighbors. We have found a very spacious home and looking to lease it. But can our current landlord disclose that we have been asked to vacate and the reasons why?
A. Yes, they can disclose it. There are no provacy issues associated with landlord referrals as there are with job referrals.
Many of the common questions that landlords ask are if rent was paid on time, if the tenants were asked vacate the premises, or if the tenants gave proper notice to vacate.
I'd take the step of letting the new landlord know that the reason you are moving was that the place you were renting was too small for your needs. That way if the previous landlord states that you were asked to leave because of over-crowding the new landlord was already made aware that this was why you were moving.
Good Luck!
Many of the common questions that landlords ask are if rent was paid on time, if the tenants were asked vacate the premises, or if the tenants gave proper notice to vacate.
I'd take the step of letting the new landlord know that the reason you are moving was that the place you were renting was too small for your needs. That way if the previous landlord states that you were asked to leave because of over-crowding the new landlord was already made aware that this was why you were moving.
Good Luck!
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