tenant with rent to own house trailer broke agreement what lawyer do i need?

by Dr. Ewald Kris Jr. 10 min read

A tenant may also withhold rent, but that gets a little more complicated. Some states require a portion of the rent (equal to the diminution in value of the apartment from the code violation) to be placed into a separate bank account. If you think your landlord broke your lease agreement, contact an experienced tenant rights attorney today.

Full Answer

Do I need a lawyer for a rental property lawsuit?

Even limited legal help can make a difference, and it might be all you need to steer your way toward a favorable outcome. Check for an attorneys' fees clause in your rental agreement. Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits.

Do you need a lawyer for a mobile home park tenant?

Please contact us to speak with one of our mobile home tenant lawyers. Mobile home park tenant rights are unique from rights that tenants have when they rent an apartment or a house. Tenants of mobile home parks own their homes but rent the space or pad their home is located on.

Is there such a thing as a rent to own tenant?

And there are tenants who pay their rent late or sometimes do not pay at all. Unfortunately, the rent-to-own field – as alternative as it is – falls under this convention. While the majority of people will pay on time, there’s a handful of people who for one reason or another will not. Can You Evict a Rent to Own Tenant?

Do I need a lawyer for tenant remedies?

In these cases, you might decide to implement one of your state's tenant remedies on your own (such as rent withholding or "repair and deduct"), but you might need some coaching on how to do it right. Consulting a lawyer might be your best move.

What would probably occur if a tenant's lease is breached because the landlord has allowed the unit in an apartment building to become uninhabitable?

File a summary ejectment with the courts. Tenant moves out because the landlord fails to keep the premises in habitable condition. Terminates automatically at the expiration of the lease term. Through a summary ejectment.

Can a landlord evict you without a court order in Indiana?

Illegal Eviction Procedures in Indiana has more information on this topic. The landlord may find that the tenant has left behind personal property at the rental unit following an eviction. The landlord must get a court order before removing the personal property from the rental unit.

Can a landlord evict you if there is no lease in Florida?

Eviction for No Lease or End of Lease In Florida, a landlord can evict a tenant without a lease or a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (15 days for tenants that pay month-to-month).

What are your rights as a tenant without a lease in Florida?

Florida law entitles every tenant, with or without a written lease, to the right of peaceful, private possession of a residence. Once they begin paying rent, the dwelling unit is theirs to use lawfully, and the landlord or property owner can enter the rental property only to make repairs or to inspect it.

Can a landlord sue for unpaid rent during Covid?

A landlord can sue their tenant for COVID-19 rental debt in small claims or civil court.

How much notice does a landlord have to give a tenant to move out?

If your landlord wants to end your periodic tenancy, they usually have to give you 90 days' notice. In some cases, your landlord only has to give you 42 days' notice. They will need to tell you the reason why they're giving you less notice though.

What happens if a tenant refuses to leave?

What can I do if a tenant refuses to move out? If the tenant does not comply with the legal grounds and refuses to move out, an eviction procedure could be started. Valid grounds for moving the court for eviction are the failure to pay rent and refusal to move outpost the end of lease period.

Can a landlord evict you without a court order?

No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.

How do I report a landlord for negligence?

Make a complaint to a 'designated person' (your MP, a local councillor or a tenant panel) if you cannot resolve the problem with your landlord. Contact your council or local authority if you and your landlord still cannot resolve the problem.

What a landlord Cannot do Florida?

According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.

How can I get my tenant out fast?

Depending on how desperate your situation is, you can try one or several of our ways to make a bad tenant leave.About Eviction. The lengthiest and costliest method to get rid of an unwanted tenant is eviction. ... Raise the Rent. ... Negotiate. ... Ask Them to Leave. ... Be Kind & Proactive. ... Offer Them Cash to Leave.

Can someone kick you out without notice in Florida?

Yes, you can kick someone out of your house in Florida. If the person has never paid rent, utilities, etc., and doesn't have a written or verbal lease, you may follow the ejectment or unlawful detainer process to remove them instead of the eviction process.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

What is rent to own agreement?

Rent-to-own agreements are similar to other contract situations and must have provisions that are enforceable in court if a violation occurs between the tenant and landlord. Knowing what provisions to look for may also require the services of a lawyer to review the paperwork and ensure it is valid and has strength for court matters.

Why do landlords need a lawyer?

Additionally, the tenant and landlord will need the lawyer to look over the provisions to keep either from making a mistake or enacting unfair or unreasonable provisions to the other party.

What happens if a tenant is unable to stay at the property?

If this happens, he or she will require the use of an assignment so that another party may take over the entire situation. Another helpful provision is that of subletting a portion of the property to another person. This may increase the income of the tenant to pay the landlord during rental periods. In the ownership option, the individual purchasing the property may need to ensure the subletting or assignment clause is still available until the property pushes through escrow.

What is joint and several liability clause?

No matter how many tenants remain in the property, a joint and several liability clause is helpful for the landlord to hold each tenant responsible for damages and rent. This could also provide assistance to the tenant that decides to purchase the property with any other tenants that move in holding responsibility for the damage they cause and any rent for each rental period. This makes each tenant both individually and jointly accountable with the lease for rent until one or more decides to use the purchase option and transfer ownership to the other party or parties.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What is rent to own?

Rent-to-own housing provides the opportunity for non-traditional buyers to become home owners. In a rent-to-own arrangement, sometimes also called a a lease purchase option, you add an option fee to your security deposit and usually pay extra money with your monthly rent. The extra money that you pay should get applied to ...

Who pays rent on a lease?

In most leases, the tenant pays rent and the landlord takes care of the property. While the tenant may mow the lawn or change light bulbs for herself, the landlord takes care of major repair expenses. In a lease purchase, though, the tenant could end up responsible for every repair.

How do you get your rights when buying a house?

When you buy a property, your rights get protected by having a deed recorded, making your legal interest a matter of public record.

Is lease purchase legal?

One of the other legal problems with a lease purchase can actually benefit you as the tenant. They can be created in such a way that the lease purchase option actually becomes a sale. While this is a legal gray area since the lines aren' t always clear, the more responsibilities you take and the more you spend, the more likely it is that you could be considered a buyer instead of a tenant. This could give you the same legal rights as an owner, starting from the date you first signed the lease.

5 Reasons Tenants Want to Break a Lease Agreement

When a tenant approaches you about breaking the lease agreement, before jumping to conclusions, it’s important to understand there are many situations out of their or your control. Being sympathetic, listening to your tenant, and staying mindful of different circumstances will help you understand how you should move forward.

How to Protect Yourself in the Lease Agreement

The biggest thing landlords can do to protect themselves when a tenant wants to break a lease is putting the right clauses in the lease agreement itself.

How to Prevent a Tenant from Breaking the Lease

As we mentioned above, sometimes there are circumstances out of your control or legal obligations you have to follow when a tenant wants to break a lease. However, there are a few things you can do to help prevent tenants from wanting to break a lease in the first place. The most important and obvious thing to do is screen all potential tenants.

Tenants Breaking Lease Agreements FAQ

When a tenant needs to break a lease, do they need to give written notice?

What to do if your neighbor rents from a different landlord?

Contact Your Neighbor’s Landlord for Help. If your troublesome neighbor rents from a different landlord, consider contacting that landlord. Depending on where you live, your neighbor’s landlord might have a legal responsibility to take action, especially if it's a serious situation, such as drug dealing.

What happens if your landlord refuses to help you?

If your landlord refuses to help (for example, by evicting the tenant who’s unreasonably disturbing you), you might be able to withhold rent or legally break your lease.

What happens when a landlord slams a door loudly?

When an annoying situation is something within the landlord’s control—such as another tenant parking in your assigned spot or a common door that slams loudly multiple times during the night—your landlord might have a duty to take measures to restore the peace.

What to do if your neighbor is violent?

If you have any concern that your neighbor could react aggressively or violently to your request, consider asking a third party to help you address the problem. As a renter, you can ask your landlord to intervene, and request that your landlord not tell the neighbor who made the complaint.

Do tenants have the same rights as homeowners?

In fact, tenants have the same rights as homeowners under local laws that regulate activities that could disturb neighbors, such as making excessive noise. And you don’t necessarily need to solve the problem yourself: Your landlord might have a duty to help.

Do tenants have a right to quiet enjoyment?

Many courts have held that tenants have a right to quiet enjoyment even then their lease or rental agreement is silent on the matter. Enlist your landlord’s help in resolving the situation (especially if you’re concerned about approaching the offending neighbor on your own).

What to do if you are being charged too much for a tenancy?

If you think you’re being charged too much, contact your local housing authority office. A representative who knows tenancy law can tell you what’s normal and what’s excessive for your area.

How long does it take for a landlord to enter your house?

Almost every state gives tenants the right to privacy, meaning your landlord can enter your rental only if he gives you notice first — typically 24 to 48 hours. There is one exception to this rule.

What happens if my landlord doesn't answer my emails?

If they don’t return phone calls or reply to your emails, they may be violating the landlord and tenancy laws in your state. In most states, your landlord is legally required to hold up his end of the bargain and that means making arrangements to have repairs made.

What is a late fee for rent?

An example is when your landlord charges a $75 late fee and an additional $50 for every day thereafter.

Is the Tenancy Law on your side?

Tenancy law is on your side. Those items aside, there are some landlords with annoying habits that you just have to deal with. Or maybe not … the law could be on your side. While landlords are often tasked with more than collecting the rent and making the occasional repair, some of their worst habits might be illegal.

Can a landlord change a lease without your permission?

Your landlord cannot make changes to the lease without your permission during the lease term. For example, if your lease does not say how many guests you can have, they can’t impose a one-guest rule three months into the lease.

Can landlords make repairs without notice?

There is one exception to this rule. If you need an emergency repair, such as a busted waterline or a leaking dishwasher that could flood the entire place, your landlord can enter to make the repair without providing notice.

Why is it important for mobile home park tenants to understand their rights?

Therefore, it is important that park tenants fully understand their rights with regards to rent increases, evictions, park maintenance, and more.

What are the reasons for evicting a mobile home owner?

Allowable reasons to evict a mobile home owner are the following: Failure to comply with a local ordinance, state law, or regulation within a reasonable time after receiving a noncompliance notice from a governmental agency. Substantial annoyance within the park premises to other residents.

What is the MRL in eviction?

Unlike rent-ceiling protections that are governed by local laws, eviction regulation falls under the Mobilehome Residency Law (MRL). The MRL covers a wide range of topics such as the terms of rental agreements, park management, sales, termination of tenancies and enforcement of mobile home resident rights.

Why are mobile home parks hard to move?

Because mobile homes are hard to relocate and because most tenants in mobile home parks are on fixed incomes and often elderly, the California legislature has promulgated strict statutes protecting tenants from eviction. There are only seven reasons under the MRL that a park tenant may be evicted. Cal.

What are mobile home park rights?

Mobile home park tenant rights are unique from rights that tenants have when they rent an apartment or a house. Tenants of mobile home parks own their homes but rent the space or pad their home is located on. Park residents are often senior citizens, persons on fixed income, and persons of low or moderate income.

What is vacancy control in a mobile home?

Most local or county ordinances typically also have vacancy control, meaning that the rent for the pad remains the same for subsequent mobile home owners. This vacancy control is lifted where a park owns both the mobile home and the pad, as in the case of a forfeiture after nonpayment.

Which cities have rent control?

In the South Bay, the following cities have rent control: San Jose, Santa Cruz, Scotts Valley, Daly City, Los Gatos, East Palo Alto, and Pacifica. In the East Bay, the following jurisdictions have rent control: Alameda County, Hayward, Pleasanton, Fremont, Vallejo, Napa, and Benicia. Most local or county ordinances typically also have vacancy ...

What happens if you use option fee to cover rent?

Using it to cover rent takes away from its purpose. The tenant/buyer paid that option fee to have the option to purchase the home. They don’t get it back until they actually purchase the home. If they don’t purchase, you keep it. At a point when your tenant is still paying rent, they haven’t bought the home yet.

Why is renting to own good?

Honestly, rent to own has lower risk than most for buyers because they have almost complete control over the outcome – barring emergencies and changes in the economy.

How long do you have to give notice to evict a tenant?

Every state will require you to post a three-day notice before you can evict a tenant. Don’t delay doing this. A three-day notice means your tenant has three days to pay rent before you start the eviction process. You must give that tenant three days worth of warning.

What happens when a seller keeps the option fee?

The seller keeps the option fee whenever the buyer defaults or backs out on the contract. Traditionally, the buyer will back out by choosing not to exercise the right to buy the property. However, nonpayment of rent is a breach of your rent to own contract.

How long do you have to give a tenant a warning?

You must give that tenant three days worth of warning. The great thing about these warnings is that they’re often sufficient encouragement for a tenant to make the rent payment, and you won’t have to go through the eviction process. Evictions aren’t free.

Can a seller keep option fees?

Technically speaking, the seller has the right to keep the option fee even when a tenant pays late by a few days because it is a breach of contract. Most sellers will opt for a late fee, but the right remains.

Can a landlord evict a tenant?

While most people know that landlords can evict their tenants, fewer people realize that sellers who have signed lease-options can evict their potential buyers too . Part of the rent to own contract involved the tenant paying rent each month. As soon as the tenant doesn’t do that, they are breaching the lease-option contract.

Components of The Rent-to-Own Agreement

  • A rent-to-own agreement is actually made up of two agreements: 1. a standard lease agreement, and 2. an option to purchase. These may be incorporated into one document or prepared and signed as two separate documents.
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Obligations of Tenants and Landlords Under A Rent-to-Own Agreement

  • Here are a few ways that lease agreements with a lease-option component vary from traditional leases.
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Is A Rent-to-Own Agreement For You?

  • A properly-constructed rent-to-own agreement can be an optimal solution for both a landlord and a tenant.
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