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Richard C Koman

Richard Koman’s Answers

317 total


  • Can a landlord evict an 87 year old woman with no cause? Always pays on time and causes no problems.

    Landlord can just be vindictive for any reason and lash out. He is mad at me because I complained 3 times in 2 weeks because she had no hot water

    Richard’s Answer

    In theory this is a retaliation defense to eviction case. However it is a question of proof. Your complaints were probably oral. If so it is a difficult case. Are there emails, texts, or letters or witnesses ? If so you have a better chance. Similarly, what is the proof of no hot water?

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  • If a renter left a water faucet running and it flooded a portion of the house, are they 100% responsible?

    Repairs could be >5000 but likely <15000.

    Richard’s Answer

    Yes .... Tenants responsibility. I believe you can also evict for creation of waste/nuisance

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  • 21 day deposit deductions list - are receipts required by law? Are landlords mandated to fix everything.

    Gave tenants deduction list within 21 days mostly with receipts and a few quoted estimates. Afterwards sending remaining receipts except for carpet - the big ticket item of all damages. Are receipts required by law? If we can prove the damage a...

    Richard’s Answer

    Good answer from Mr. Jaffe. You don't have to have the work done within 21 days, but you did have to provide a written estimate at least. It sounds like you did that. So the question is, as noted, why is it the tenant's responsibility. You don't get to charge for normal wear and tear and you dont get to charge the tenant to put in a new carpet unnecessarily.

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  • Does my Landlord owe me prorated rent for a portion of the home not accessible do to floor repair?

    My Landlord stated he is planning on replacing all of the wood floors in my rental while i am living there. Does my Landlord owe me prorated rent for a portion of the home not accessible do to floor repair? He said the construction duration will b...

    Richard’s Answer

    If you cannot live in the home during construction, he has to relocate you during that period. That means putting you and your child up in a hotel room, in addition to not charging you rent for that period. You have a right to a safe home for you and your child and that includes having floors and no construction.

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  • Can I deduct the cost of changing locks from a tenant's security deposit?

    I own a house with 3 bedrooms & bathrooms. I live in one bedroom-bathroom, and rent the other suites to 2 tenants. One of the tenants got into a fight with the other, it was physical and police were called. I gave the tenant who was the aggres...

    Richard’s Answer

    Agreed, but I think you can do better than a 30-day notice. His conduct apparently constitutes such a nuisance that you are within your rights IMO to give a 3-day notice to quit. Also, other sub could apply for a TRO if s/he is in fear of physical aggression, which could get him out sooner.

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  • Tenant damaged refrigerator doors with deep scratches. How would the court want the Landlord to determine damages?

    The problem here is that the re-frig cant be repaired unless we change both doors. That cost is more than the cost of the ref-rig. But the re-frig is still working and operational. We tried stainless steel cleansers and scratch removal but it does...

    Richard’s Answer

    Such scratches are clearly above and beyond normal wear and tear. Assuming you have proof it was a new fridge or was in normal condition, I think you get to choose the cheaper of replacing it with another 2-year-old fridge or replacing the doors. It sounds expensive but you have a right to the fridge in the condition you provided it (less normal depreciation).

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  • What form do I need to respond to an adversary hearing filing in a Chapter 7 case?

    I have a creditor who filed for an adversary hearing in my chapter 7. I will not have funds to pay an attorney to represent me for this until after the deadline to respond, and they will not even file the response for me unless I pay them first. I...

    Richard’s Answer

    You do not necessarily have to file an ANSWER. You have to RESPOND to the Complaint. It may be appropriate to do a Rule 12(b)(6) motion to dismiss the complaint for failure to adequately plead the cause of action. Fraud claims, which is most likely what you're facing, must be made with specificity! It's quite possible the complaint doesn't pass muster and would be subject to a motion to dismiss. The Supreme Court now requires complaints to plead factual allegations not mere legal conclusions. (Ashcroft v. Iqbal.)

    (Of course, the motion is even more expensive than an answer.)

    From the previous answers and from what I just said, you should get the idea that you can't do this yourself. You should follow the advice of the lawyer who said to file a motion for an extension. In fact, you should contact the plaintiff's lawyer and ask them to stipulate to an extension.

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  • Am I, a tenant in an apartment, liable for flood damage caused from a portable dishwasher?

    So I ran the dishwasher (it's portable which means the tube connects to the kitchen sink faucet) and I left the premise. About 30 minutes later I received a text from the landlord (who lives with me and another tenant) that it has flooded the kit...

    Richard’s Answer

    I don't agree. No one hear knows why it flooded. It could easily be negligent maintenance on the landlord's part. Perhaps it is negligent to leave while the dw runs? I don't think so. In court someone would have to establish facts for negligence. The LL should tender it to his insurance. I don't think you have a duty to pay and he could not evict you for not paying. He would have to take you to small claims court for the damages and the burden would be on him to establish your negligence.

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  • Advice on specific situation. Termination of tenancy and recovering deposit.

    Gave written 30 days notice. Packed, moved and cleaned unit. Last day of tenancy called landlord to request walk-thru. Walk-thru happened a few days later. Some legitimate repairs were needed. Landlord had new tenants moving in on 15th. Said I onl...

    Richard’s Answer

    I feel like this issue comes up a lot. My position is that while the law requires the landlord to give the notice, your LL may have an out with the written notice in the lease. And if the judge feels the deductions are legit, he's likely to given them to the LL. Was it reasonable to not make the requested repairs given that you had a day to do it? Would they reasonably have taken longer and you couldnt have made any of the repairs? OTOH, there's no harm in asking, but I continue to feel the LL duty to provide notice of right to iniital inspection is weak.

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  • Can a landlord threaten to have you out of an apartment in 2 months?

    my son moved in with us about 15 months ago with the landlord agreeing to this. well my son caused some problems with other tenants and the landlord gave us a couple of warnings telling us he had to leave. then i talked to her and she changed her ...

    Richard’s Answer

    Sounds like your son is an adult? It sounds like the LL has good reason to want your son out. 60 days notice is good notice, unless there is retaliation. The three-day notice could be to evict based on nuisance. Since your son would be the nuisance, you could cure the nuisance by having him move out. Is it possible to work something out with the landlord? Does your son have substance abuse issues?
    You dont want to lose a home of 15 years over your son, so try to resolve it with lanldord before you wind up in court.

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