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Home » Columnists » Biographies »

Tenants with privileges draw ire

By Janet Portman, Friday, April 24, 2009.

Q: I live in a 12-unit apartment complex. Five of the units are occupied by the owner's employees. The rest are regular tenants like me. But the employee-tenants have special privileges, like access to the laundry room, keeping a pet, parking in the inside lot, and the right to mount satellite dishes. Is this legal? --Nancy V.  more...

Breaking lease over 'inconvenient move'

By Janet Portman, Thursday, April 16, 2009.

Q: We're tenants in a condominium complex, where we've lived for a couple of months. We have just learned that the complex has settled a big lawsuit with the builders, which will mean we'll need to temporarily move out while workmen repair water damage to the ground floor and garage that was caused by years of leaks and seeps. Although the owner will give us some relief with the rent, he won't let us out of our lease, which we've asked for (we'd rather move out once and be done with it). Do we have any legal grounds to break the lease? --Vicky and Sam S.  more...

Who pays when renter skips out?

By Janet Portman, Friday, April 10, 2009.

Q: I'm the owner of an apartment complex near a large hospital. The hospital regularly brings in traveling nurses, who stay for three months. The nurses work for an agency, and the agency provides housing for each nurse by renting an apartment from me. One of these nurses stayed for two weeks, then quit her job and left the state. I think I can look to the agency to make good on the rest of the rent, but they say that the tenant was the nurse, and that I'm limited to going after her. Who's right? --Sandy H.

A: When a tenant breaks a lease without a legal justification, in most states she's on the hook for the rent until the landlord, using reasonable efforts, re-rents the unit. If the market for units like this is reasonably hot, you should be able to fill this vacancy within a month or so, which would mean that you'd be entitled to compensation for that empty time. But if the market is soft, and you're unable to secure a replacement, you could be entitled to the entire balance of the rent.  more...

Renters under 23 need not apply

By Janet Portman, Thursday, April 2, 2009.

Q: We own a vacation home at the beach, which we rent out as well as use ourselves. It has three bedrooms, ideal for two or three couples, or a family or a bunch of unrelated adults. We want to avoid having it rented by college students, whom we've found to be risky (lots of damage). Can we specify "No one under 23 years of age" in our ad? --Bill and Suzanne H.  more...

Rental situation turns dangerous

By Janet Portman, Thursday, March 26, 2009.

Q: Until recently, my daughter was in a rental situation that was downright dangerous. Her roommates turned out to be inconsiderate and mean, and when they drank, they were violent. My daughter was afraid for her safety and moved out, after explaining the situation to the landlord and giving him the keys. The roommates are demanding that she pay her share of the rent, and the landlord doesn't want to get involved. What should we do? --Eric S.  more...

Ill tenants and foreclosure risk

By Janet Portman, Thursday, March 19, 2009.

Q: We own a home that we rented to an elderly woman and her daughter. The mother has recently been admitted to a convalescent hospital, and the daughter, who is also sick, is having a hard time coming up with the rent (she hasn't been able to find a roommate because the place is so dirty). If she doesn't pay the rent, we cannot pay the mortgage and we will end up in foreclosure. Can we give her a notice to vacate the property because she hasn't paid the rent, even though she's sick? --Art B.  more...

Pay-or-quit notice comes with fee

By Janet Portman, Thursday, March 12, 2009.

Q: I understand that I will have to pay a late fee if I pay my rent late. But what about legal fees? I guess my landlord got his lawyer involved in my pay-or-quit notice, because the lawyer sent the notice, but then I paid the rent before going to court. Yesterday, I got a letter from the landlord telling me that I owe him for two hours of his lawyer's time. Is this legal? --Pat M.  more...

Tenant loses in new lease deal

By Janet Portman, Thursday, March 5, 2009.

Q: I've been renting my house for about two years. At first, I had a year's lease, and when that was up, I stayed on as a month-to-month tenant. Two days before the end of the month, the landlord came over with a yearlong lease at a higher rent, set to begin on the first of the next month, and asked me to sign. I did, and paid the higher rent a couple of days later, but now I want to get out of the lease. Because he didn't give me adequate notice, do I have the right to get any rent back, or to break the lease? --Pat G.  more...

Using repair-and-deduct at illegal rental

By Janet Portman, Thursday, February 26, 2009.

Q: We're renting a single-family home from a landlord who refuses to do basic repairs. When the hot water heater broke and the roof began to leak, we were forced to repair them ourselves and deduct the cost from the rent (our state law lets us do this). After getting a pay-or-quit notice, we did a little homework and discovered that the home never had a certificate of occupancy. What effect will this have on the landlord's attempt to evict us? --Jim and Janelle J.  more...

Jobless but on the hook for rent

By Janet Portman, Thursday, February 19, 2009.

Q: A month ago my adult daughter signed a one-year lease for her own apartment. She recently lost her job. Unemployment will cover only about half the rent. The landlord said she will have to pay rent until it is re-rented. What if it takes a long time and my daughter can't afford to pay? What can happen? --Diane N.  more...

Party at your own risk

By Janet Portman, Thursday, February 12, 2009.

Q: I'm a tenant in a large apartment complex. Management regularly allows residents to rent out the clubhouse for private parties, and I'd like to do so for a graduation celebration for our son. The contract they handed me includes a provision giving them the right to administer breath tests to guests, and to even pat them down if security thinks it's warranted. I think these acts are grossly invasive of our privacy, and I'm wondering if they're legal. --Beth S.  more...

Renter fears fees if lawsuit fails

By Janet Portman, Thursday, February 5, 2009.

Q: I'm an African-American and a tenant at our small apartment complex. I believe my landlord has discriminated against me in several ways, including giving only me a rent hike (yet many other tenants paid the same rent for the same kind of unit), and refusing to upgrade my kitchen when he refurbished all of the other units on this floor. I want to pursue this, but I am afraid that if I lose, I'll have to pay the landlord's court costs, which I cannot afford. Is there any way I can check out my rights without this risk? --Luther L.  more...

Poor housekeeping could cost tenants

By Janet Portman, Thursday, January 29, 2009.

Q: We own a house that we rent to an elderly woman and her son. We were called to repair a leak under the kitchen sink. The house was filthy: the rug had large food stains; the kitchen floor needed washing; the kitchen appliances were all food-stained; and two containers of food on the kitchen table had mold in them. Worse, there were cockroaches scurrying everywhere. When I mentioned the condition of the house to the son, he said that he sprayed. I told him the house also needed to be cleaned. He asked me who was I to come into his house and tell him what to do? I would appreciate your advice as to my landlord rights. --Christine L.

A: Most states require tenants to keep the rental reasonably clean, and some go so far as to list the tenant's specific duties, such as maintaining appliances in a way that does not damage them.  more...

Renting with roommates? Protect yourself

By Janet Portman, Thursday, January 22, 2009.

Q: I recently moved into an apartment with another roommate. We both signed a month-to-month rental agreement. On the second of January, I came home and found she had moved out, had not paid her portion of the rent, and had left her room totally trashed and painted weird colors.

I've paid the full rent for January and I have found a replacement roommate who starts March 1. My question is: What can I sue my ex-roommate for? I spent a ton of time and some money repainting and repairing the bedroom. --Bethany L.  more...

Renters at foreclosed properties get break

By Janet Portman, Friday, January 16, 2009.

Q: I'm a renter and have just learned that my home is being foreclosed. My landlord thinks the bank will evict me, because my lease began after he used the property as collateral for his mortgage (which he's defaulted on). Is there any way I can stay? I've always paid the rent and been a good tenant. --Sam S.  more...

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