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Home » Columnists » Biographies »

Landlord options for collecting late-payment charges

By Robert Griswold, Wednesday, June 21, 2006.

Question: My tenants pay their rent late almost every month but do not include the late fees as required under their lease. I regularly contact them in writing asking for late fees and insisting that they pay on time. They respond and acknowledge that they owe the late fees but they always have some excuse and tell me they will have to pay them later. I contacted a local governmental agency that I was referred to and they advised me that while the late charges I am seeking were very reasonable, I should be glad the tenants even pay the rent and not to pursue the late fees.  more...

Nude sunbathing raises concerns over fence height

By Robert Griswold, Wednesday, June 7, 2006.

Question: My wife likes to sunbathe nude in the backyard. Is it against the law to erect higher fences in government housing?

Landlord's attorney Smith replies:

Your wife may sunbathe in the privacy of your own backyard so long as her intent is not to indecently expose herself to others. If this is a rental property, you may not erect higher fences, as your lease would prohibit changes without the landlord's permission. Further, you may not violate local building codes by erecting higher fences than authorized.  more...

A lease is a lease is a lease

By Robert Griswold, Wednesday, May 24, 2006.

Question: I live with my boyfriend in a loft apartment where we have signed a two-year lease that is actually a sublease. The original tenant has a long-term lease with the landlord but moved when he bought a home eight months ago. The building is not secure, and the building management is not doing much to keep the building safe or in good repair. The area seems to be becoming more dangerous so we want to move out. How binding is our sublease? What rights do we have? Does the guy we are subletting from have any legal right to keep the deposit we gave him if we break the lease?  more...

Apartment management doesn't play by own rules

By Robert Griswold, Wednesday, May 10, 2006.

Question: There are numerous large (60 pounds plus) dogs in the apartment complex where I live. However, the complex has a 35-pound pet limit, which it advertises on its Web site and is included as a legal rule on the lease, which all tenants sign. Many of the dogs are extremely loud and are allowed to roam free on the grounds, which can be intimidating. When I signed my lease, I did so believing that the 35-pound limit was enforced. Had I known the complex was overrun with large, noisy and aggressive dogs, I would not have moved here.  more...

Tenants face eviction for late-rent-payment plan

By Robert Griswold, Wednesday, April 26, 2006.

Question: I have lived in my apartment now for four years. I have recently gone through a financial problem and have been paying my rent late with the late-payment fee for the past couple of months. Yesterday my manager said that the owners wanted to serve us with a legal notice because of us paying rent late. My boyfriend has finally got another job so we will be able to pay rent on time.  more...

Who is liable for plugged gutter and water-related problems?

By Robert Griswold, Wednesday, April 12, 2006.

Question: I own a single-family dwelling that I am currently renting. Last week, when I was going over to the rental to perform some requested maintenance, the tenant mentioned that water was overflowing from the roof onto the front porch. "[This is] the same problem as last year," was the tenant's comment. This is the first time that she had bothered to mention this to me. When I arrived at the property, the gutter was plugged and water had been running over the side of the flat roof onto the front porch.  more...

Can tenant legally rescind 30-day notice to vacate?

By Robert Griswold, Thursday, March 30, 2006.

Question: I live in an apartment on a month-to-month rental agreement and plan to move to another apartment if I find a better deal elsewhere. My question is about the 30-day notice to vacate. If I give my notice but don't find another apartment, would it be possible to legally withdraw my notice? My friend says that it can be done as long as it is at least a few days before the 30 days are over. In other words, the apartment management cannot force me to move if I change my mind.  more...

Tenants learn downside to making property improvements

By Robert Griswold, Thursday, March 16, 2006.

Question: My husband and I were renting a townhouse and we put more than $4,000 in renovations into the home. We put in new hardwood floors, new appliances, paint, tile backsplash, new light and plumbing fixtures, etc. These are significant improvements that greatly improved the value of this property. We didn't discuss this with the landlord in advance, but she did agree to reimburse us when we left, but only for $937.50. Now we have moved out and our landlord is dragging her feet on returning the security deposit.  more...

Creepy critters' removal falls on landlord's shoulders

By Robert Griswold, Thursday, March 2, 2006.

Question: I am the owner of a lovely home that I have rented out for the past few years while I am on assignment in London. I have owned the house for 18 years and have never had a problem with rats getting into the house until this winter. However, I do acknowledge that the little beasts are in the fields all around the area. When the tenants found rats in their kitchen they expected me to deal with the problem. I said that they should set some traps, etc., which they did.  more...

Tenants balk at purchasing public liability insurance

By Robert Griswold, Thursday, February 16, 2006.

Question: My sister and her husband are about to sign a lease agreement on a two-bedroom apartment. The lease requires them to have insurance for the contents of the residence. I agree with the requirement, but my problem is with the landlord also requiring that they carry a minimum of $300,000 in public liability insurance coverage for bodily injury and property damage in and about the dwelling. The lease also requires that the landlord be named as an additional insured under that policy and provide the landlord with proof of such coverage.  more...

Tenants' rights when neighbors are noisy

By Robert Griswold, Thursday, February 2, 2006.

Question: I live in row-style apartments. I have a neighbor to the left and the right of my apartment, but none above or below me. I have a neighbor who at least once a week has band practice in his living room with amplifiers, microphones and a complete drum set. I have talked to my neighbor at least twice telling him it is unacceptable to have this loud music at any hour. I also have complained to my landlord at least four times and they tell me that they will talk to him or send him a letter, but so far the band practice continues.  more...

Can landlord charge tenant $25 fee for rental damage?

By Robert Griswold, Thursday, January 19, 2006.

Question: I have wanted to invest in real estate for many years so I recently purchased a single-family home, which has been a rental property for years. The seller of the rental property gave me some advice, including a blank lease form that he buys at the local stationery store. In looking over this form, it states that the tenant shall pay the first $25 of any charge for repairs by a service person. A friend of mine who is also a landlord told me this is not legal.  more...

Gauging proper real estate rental rates

By Robert Griswold, Thursday, January 5, 2006.

Question: I live in a decent neighborhood but my apartment building is not well maintained and the owner just doesn't seem to care. So I am looking to move to a nicer apartment in the same area. I do realize that the cost of this will be a higher monthly rent; but the asking rent for pretty much any apartment, in any city, has gotten quite out of hand. I keep trying to get advice on what is a reasonable amount to ask for a one-bedroom one-bath, and two-bed one-bath, in my neighborhood. The only answer I can get is whatever market value is.  more...

Can hot tub land homeowner in hot water?

By Robert Griswold, Thursday, December 22, 2005.

Question: I have a home that I am going to rent out that has a hot tub spa in the back yard. I can see how this will be a great feature for my renter, but I am concerned about safety for tenants with children. Also, I am worried about my liability for any other health problems that may arise from the tenant's use of the spa. What is my responsibility to a tenant regarding the use of this amenity? I appreciate any advice you may give me.  more...

Potential home buyer needs legal 'out'

By Robert Griswold, Thursday, December 8, 2005.

Question: I am not sure, but there is a strong possibility that I may be in a position to buy a house in nine to 12 months. I am worried that my lease is coming up for renewal in a few months and my landlord requires a 12-month lease. There is no clause that would allow me to break the lease due to my home purchase. Can you tell me how can I legally break my lease, considering I'm going to be a homeowner?

Tenant's attorney Kellman replies:

Buying a home is a significant financial commitment.  more...

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