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Richard Jonathan Cahan
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Richard Cahan’s Answers

1,152 total


  • CAN I CHANGE MONTH TO MONTH LEASE AGREEMEMT AFTER AN EVICTION NOTICE WAS GIVEN?

    MY TENANT WAS LATE ON RENT DUE DATE BEING THE 1ST AND GRACE PERIOD ENDING ON 15TH WHICH DATE EVICTION PROCEEDINGS BEGAN AND EVICTION NOTICE WAS PLACED ON DOOR WHICH RENT WAS DROPPED OFF LATER THAT DAY BY TENANTS MOTHER (WHICH ALL RENT AND COMMUNIC...

    Richard’s Answer

    A review of the actual wording of the old lease is needed to determine the type of grace period involved. Is this a true grace period is the questions. Most leases say the rent is due on the 1st and late fees start on the 3rd with no grace period, meaning you can start eviction on the 2nd but cannot start charging late fees until the 3rd. No need to give a grace period, you can allow late payment but do not need to basically make the due date the 15th.

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  • Can I evict my rent to own tenants?

    I sold my house as rent to own with terms of $3000 down and $750 per month plus property taxes paid until balance is paid off. we have no formal contract just a piece of paper with our terms and both parties signed and had notarized. I also went a...

    Richard’s Answer

    If you signed a deed and it is recorded then you have some real issue to deal with which will cost a lot and involve a good amount of time with the court. You can try other tactics but if they have the deed and record it or have recorded it then you will have to pay a good amount to get the property back or the value remaining.

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  • If tenant lease is up in November but they purchase a house now are they still bound to lease?

    We have a tenant that has a one year lease through November. We discovered that they were pursuing a home purchase and it was confirmed because a loan processor contacted us to verify tenant. The tenant has damaged our property, the house can not...

    Richard’s Answer

    The tenants are still bound by the lease, if they break the lease and move out early you have the obligation to mitigate damages by seeking new tenants, as long as you are doing so the tenants are still liable for rent, reletting fees, and damages.

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  • If my rental agreement states I'm late on my rent on the 3rdevictiins filed on the 8th can Im

    My lease states that the rents due on the first late by the third an eviction start around the 8th or the 11th of the month can my apartment manager make me sign something stating that the actions will start on the 3rd when my lease does not say t...

    Richard’s Answer

    If your lease actually says evictions will not be filed until the 8th that would be highly unusual but binding. You may want to make sure the wording is reviewed by an attorney to ensure it says what you think it does. If this is so the landlord does not have to accept rent either way, they can say get out or we will evict, and in fact they could evict even if you pay if you do not have them sign something saying they will accept rent and not file eviction for simply being late. This is a negotiation, if the landlord wants you to give something up then they have to give something up as well. Ultimately a rational landlord just wants the money.

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  • Eviction notice, officer want to serve.

    I am not a tenant, was occupant, the day I moved out, the server is trying to find me? What are the option????? Should take the notice or if Not served then what will happen? thanks

    Richard’s Answer

    Being an occupant verses tenant does not matter at the level you are looking at. If you were in possession of the property, were given notice to vacate, and did not do so before the eviction was filed and after the notice expired then the landlord can file eviction against you and even if you move out later can get an eviction on your record (if you do not go to court and state you have vacated and try to convince the judge not to put an eviction on your record).

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  • I moved to Houston.

    LL from Victorias want to serve eviction, do they have to file in Houston? Notice has not served yet.

    Richard’s Answer

    The landlord has to file where the property is located and you do not have to be personally served. You should make sure you have unequivocally returned possession of the property before an eviction is filed. Keep in contact with the JP court that serves the property and check in periodically to see if an eviction has been filed.

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  • Is it ok for an apartment complex to have a quarterly inspection to check for repairs and cleanliness?

    ALSO, asking to have everything clean and sanitized, especially bathrooms and kitchen, before the inspection and if their standards of sanitation (restrooms and kitchen scrubbed down and no dirty clothes on the floors) are not met result in warnin...

    Richard’s Answer

    For the inspections, yes that is acceptable at 4 times a year. For the condition it depends on your lease, if you signed that this is the level expected then they can evict for failure to comply. If not in the lease then I would feel you have a good argument if they tried to evict you for having a used towel on the floor. Basically they would have to show how that is going to hurt the property. BUT you do not want to fight an eviction and take the risk and expense over such issue. A judge could look at the lease and see that is says the tenant will keep the property in clean condition and find that a dirty towel on the ground is not doing such. You would probably want a jury which means even more expense.

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  • Lock out tenant and how to handle his stuff?

    A tenant is behind in rent payment $7000.00, about 5 months past due rent. The lease is going to expire on 07/31/2015. On 08/01/2015 we plan to change lock and do not allow the tenant to enter the suite. There are a lot of merchandise in th...

    Richard’s Answer

    This sounds commercial, if so then your lease should have terms for you to follow. If residential then you cannot permanently lock out. Each situation is specific so it is best that have the situation and lease reviewed with an attorney to set a game plan.

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  • For a rental, I paid first & last months rent up front. Could I have applied this amount to pay my last month's rent?

    Instead of receiving money back from deposit, could I just apply what was paid for moving in toward my last month's rental bill? To include just getting billed later for any cleaning expenses accrued?

    Richard’s Answer

    If the lease says that the amount paid is the last month's rent, maybe, to be sure a full review of the lease wording and any termination requirements is needed. If not then no, and in fact there is a statute that awards the landlord three times the amount of the last month's rent for doing so.

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  • In texas, can a landlord withhold a $2000 deposit for not paying $568 for rent.

    Was evicted for not paying a months rent. I left the house in perfect order. I had a total of $2000 in deposits and when i tried to collect my deposit i was told that it was null and void because i didn't pay the $568 for rent.

    Richard’s Answer

    More facts are needed such as was there a lease term in effect further than the month you moved out, etc. Texas does not allow penalties for breaking a lease but there are a lot of obstacles.

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