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Michael Ian Werner

Michael Werner’s Answers

236 total


  • A landlord still has my security deposit. no receipt was given and I do not believe it was deposited into an account. She wants

    her key back but said it might take some time to return the key. if everything is okay. whatever that means. please advise.

    Michael’s Answer

    If you are still holding onto the keys, then your landlord might interpret that as you failing to relinquish possession. I suggest you give back the keys along with your written notice of new address. The landlord will then have 30 days to give you an explanation of what your security deposit was used for and to return the balance of the same to you. If the landlord misses that 30 window, you will have the right to sue for double your original security deposit and your landlord will be precluded from claiming damages to the rental unit.

    When it comes to security deposits, timing is very important.

    Good luck.

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  • If we are buying a house and want to break our lease, do we have the option of getting out of our lease without penalty or fee?

    It is our 1st house The lease doesn't have a buyout clause There is supposed to be a buyout addendum, but they forgot to have us sign it when we signed the lease

    Michael’s Answer

    It does not sound as though you have a "right" to get out of your lease. However, there is nothing preventing you from asking. Call your landlord, explain the situation and see if he/she is willing to work with you on this.

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  • Can my ll increase rent

    I pay biweekly and just got a notice 2 days ago that my next rent payment would be raised ,which is in two weeks.they are saying its due to the costs of living at this adrezs. I dint know if the other tennant got a increase becauze they are sectio...

    Michael’s Answer

    As with most Landlord/Tenant matters, the answer to your question can be found in your lease. A careful review of your lease will most likely answer your question. If the lease is silent on this matter, then (with proper notice) your landlord may increase your rent for a subsequent Lease Term. There is no limit to how much this can be increased.

    This entire answer is based on the assumption that your unit is NOT section 8 housing.

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  • My landlord didn't renew the contract with utility company and now I have to pay extremely high utility bills ?

    Hi, My landlord didn't renew the contract with utility company, the contract was done Jan 2013 (.9 cents as per contract) and even utility company send renewal letter in Nov 2012 but landlord didn't pay attention on it, since Jan 2013 to May ...

    Michael’s Answer

    As with most Landlord/Tenant matters, it is essential that you carefully review your lease.

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  • Is there are limit for rent increase each year?

    We are renting for 4 years. Each year rent increase was reasonable (around 2.5%), This year we received a notes for rent increase for 10%. We fill that it is no justified, because nothing has been done in the unit since we moved.

    Michael’s Answer

    Absent language in your lease to the contrary, your landlord may increase the rent to whatever amount he deems appropriate. With that being said, you are under NO obligation to renew the lease at this higher amount. If you follow the steps set forth in your lease, you can terminate the tenancy and move out at the end of this Lease Term.

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  • What can be done if a tenant refuses to get utilities in their name, and the utility bill comes in landlords name?

    the tenant says they will get the utilities in their name but has not and the bill keeps coming to the landlord and is stating a shut off date.

    Michael’s Answer

    The answer will depend, in large part, on what is stated in the lease. A careful review of the lease should provide you with the answer you are looking for.

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  • If a landlord never provides you a copy of the lease, can he use it in court?

    My wife and I moved into the apartment in 2010 under one owner, it was sold to another owner in 2012. We were using the old owners lease until 2013 (since we signed a renewal lease prior to the sale with the old owner.) On the 2013 lease we signed...

    Michael’s Answer

    If you signed it, he can use it in court.

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  • Can the landlord make us pay his increase in property insurance for the next couple of years in advance due to a flood?

    We moved in sept 2012. In October 2012, the upstairs bathroom flooded. I left the water running and came back in 40 min. The bathroom was flooded and the kitchen ceiling fell in. Damage was covered by landlords insurance. We paid his deduct...

    Michael’s Answer

    Carefully review your lease agreement to see if it addresses such situations. If you don;'t have a lease or if the lease you do have is silent on this matter, then you are not responsible for the increase in premiums.

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  • Hope to terminate the lease after one month

    I have signed a 6-month lease with the landlord, and after one month, I found that he has concealed a lot of information on purpose, for example he never give us any receipt of different kinds of fees after I paid for it. I have not noticed it unt...

    Michael’s Answer

    Your next step should be to review your lease with a local Landlord Tenant Lawyer.

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  • My tenants vandalised my home

    my tenants vandalized my home, broke all radiators, left dog poop everywhere, broke in after being evicted and stole washer and dryer that belonged to the property. can I sue them for damages and missing items?

    Michael’s Answer

    It sounds like you should call the police and file a civil complaint.

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