Can I break my lease if there are mice in my apartment building?
Yes. All residential tenants have an implied warrantee of “habitability” included with their lease. Furthermore, most states have rental and/or sanitation or health codes which require the removal of “vermin” in a leased residential apartment or home. Generally speaking, the presence of mice in a leased dwelling unit is a violation of the lease on the part of the landlord. If the landlord fails to cure the violation condition after due notice and due process is given, then the lease can be terminated (broken) by the tenant without penalty. Moreover, the landlord may then be subject to damages and other penalties in a civil action for its failure to perform under the lease agreement, and/or an administrative action for violation of rental or health/sanitation laws. However, as a practical matter, vermin conditions in multifamily buildings are generally not serious problems and are considered “manageable” with exterminations, traps, and other common methods of removal. Thus, only if the condition rises to the level of an “infestation” would the premises be considered uninhabitable and/or a violation of health or sanitation laws. Occasional encounters with mice in an apartment is generally not a problem and certainly not a basis to break a lease, but the constant presence of mice (and their droppings) present unacceptable health risks, especially in dwellings where children are present, and would indeed constitute a basis to break a lease (again assuming the landlord has been given due notice and reasonable opportunity to address the problem).
Living/working in Washington D.C. area?
I'm considering moving to the D.C. area, or the Virginia or Maryland suburbs as well. I'm looking for a job that pays decently, and was impressed with all the job listings for that area in the Washington Post. (Jobs suck where I live outside Pittsburgh.) Anybody who lives there, works there, been there, offer any advice to me? Currently I live about 4 hours away, but the closest to D.C. that I've been is Annapolis. Any impressions of that area appreciated.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
I assure you that not paying your rent is one of the worst decisions that you can make. Your life will not be the same after an eviction. It can be a very traumatic experience.Every state is going to have slightly different eviction laws but here in Ohio my company has a very large rental portfolio in the Cleveland area and this is how we handle tenants who do not pay rent.Rent is due on the 1st.Rent is late on the 2nd.We call tenants 3x day from the 5th through the 10th.We put up 3 day notices on the 10th.After the 3 day notices we file for eviction. Once we file we will no longer accept rent. At this point the non paying tenant can't pay or get out of the legal ramifications of their actions.We win the court eviction and get a write to regain possession of the property. The eviction remains on your record for life. It will be incredibly hard if not impossible to find another landlord willing to rent to you.We send in the bailiffs (guns drawn) to the home. If you do not open the door they kick it in and forcibly remove any occupants living in the home.Everything that the tenant owns is placed on the curb by a moving crew. They can clear out an entire home in about 2 hours. They are not vary delicate with your possessions. Everything stays on the curb until 5pm. Scrappers and thieves usually come by and steal anything of value. At 5pm we bring a dump truck and load up everything that is left and take it to storage. After 30 days in storage we take it to the dump.After all of the above a non paying tenant can also expect the following to happen.We take you back to court and sue you for back rent, legal costs and damages.We garnish your wages until all debts are paid off.As you can gather from everything above being evicted is a terrible experience that is 100% preventable by you. Don't be stupid, pay your rent or move out of your landlord's property you are only hurting yourself if you don't.For more information on evictions take a look at the LIVE video of one of my company’s evictions below.Have more Real Estate related questions? Let me know! Follow/Subscribe & simply ask. I will make you a FREE video reply. #AskJamesWiseFollow me on InstagramSubscribe to my YouTube ChannelWould you like access to a FREE list of the most profitable Real Estate Investments in the USA? CLICK HERE FOR ACCESS!
Any advice about moving to florida?
Let me start off by saying that most people seem to have the idea that Florida is an affordable state. That's NOT true. While Florida is cheaper than New York (or anywhere in the NE), employers down here pay lousy wages relative to the cost of living. That's one the worst things about this state. Another thing is that if you are a homeowner, property taxes are high as are homeowners insurance premiums. There are jobs available at some Wal-mart locations, but unemployment here is still very high at the moment and it may remain so for the next several years. Yes, the economy is improving (painfully slow), but at least it's moving in the right direction. As mentioned earlier, cost of living is high and moving here without a job that pays a decent salary is highly discouraged. Schools in Florida are not the best. You're better off sending your child to a private school. There are good public schools, but they are generally located in higher income areas. Let's talk weather: Summers here are very warm and VERY humid with frequent thunderstorms (it's our "rainy" season). Summertime highs are typically in the low 90s and lows are in the mid 70s. On the contrary, "winters" here are very pleasant with low humidity and MUCH cooler temperatures. Rain/thunderstorms occur less often (it's our "dry" season). Highs are typically in the 60s and 70s and lows are typically in the 50s and 60s (warmer the further south one goes). While I may sound negative, I'm being truthful. Lots of people fail to do their research and move here thinking Florida is some paradise only to get a harsh reality check. Most end up moving back to where they came from. Don't get me wrong, Florida is a beautiful state and a nice place to live in if one is well prepared and willing to accept the trade-offs. I highly recommend spending some time here (a few weeks if possible) and have a job lined up and $7-8K (more is always better) available in the bank before packing your bags and loading that moving truck. This blog is very informative: http://www.floridamoveguide.com/ Yes, stay away from Miami and south Florida. You, your spouse and your daughter/son as well as your future children will thank me. Good luck!
What can a landlord do if a tenant refuses to leave after an eviction notice?
That depends on what you mean by “eviction notice.”An eviction notice is issued by a court after a legal process in which the landlord has been awarded possession of the premises.The eviction process is handled by a court and, if necessary, by local law enforcement pursuant to a court order. If the tenant refuses to leave after the eviction notice has been served then he or she will be forcibly removed from the premises. There is nothing the landlord needs to do.A landlord cannot issue an eviction notice because only a court has the power to evict someone from their home.But a landlord can issue a “termination notice” or a “notice to vacate” or similar notices to the tenant pursuant to the terms of the lease. If such notices have been properly issued and served, and the tenant refuses to leave, then the landlord must file a dispossession action in the local civil court which, after due process, will result in the court issuing an “eviction notice” as described above.
What happens when your inspection fails twice for section 8 in baltimore?
Hey I live in baltimore and I have a house that im renting with section 8, my landlord is lazy so he dosent fix nothing and i called section 8 and they schedul an inspection wich failed not only the first time but the secound today, now that it failed what will happen next ( the inspector said she didnt know)