Ask MetaFilter questions tagged with housing and law

Required notice for vacating apartment?

mellifluous — Mon, 02 Nov 2009 20:30:51 -0800

Our apartment was damaged on Friday, and the whole floor needs to come out, possibly some of the drywall too. The property manager needs us to vacate, and remove all of our stuff, for an extended period of time (1-2 months). (Note that we have been dealing with the property manager, and to a lesser extent, the superintendent, and not our landlord.) How much notice is he legally required to give us? We live in Toronto. YANAL. Today, at about 6, our landlord emailed us, saying the property manager wanted us out of our unit by Wednesday. Which gives us less than 2 days to co-ordinate moving, storage, and new accommodation.

Our insurance company informed us that repairs wouldn't take place for at least another three weeks. Until just a few hours ago, the super + PM had given us absolutely no information on when we could expect them to begin. The two of them came by to inspect the damage twice just today, and said nothing about it.

As far as I can tell, this is completely unreasonable. But I can't seem to find any specific tenancy law it violates, perhaps because repairs rarely require tenants to leave for such a long period of time. I have seen by-laws, for example, that require 24 hours of written notice for repairs - and that's reasonable for something like "I need to repair your water-pipe," but not for something like "I need you, and all of your stuff, out for 2 months."

What can we do?

What happens when you report an illegal rooming house in Toronto?

Anonymous — Mon, 26 Oct 2009 14:52:05 -0800

What is the likely result of reporting an illegal rooming house in Toronto? e.g. How often do they end up getting cleaned up, repaired, and properly licensed vs. shut down (whether by the inspectors or by an owner who doesn't want to bother fixing it up)?

Does the Americans with Disabilities Act apply to landlords who accept Section 8 Vouchers?

anthropomorphic — Thu, 30 Apr 2009 18:06:49 -0800

Does the Americans with Disabilities Act apply to landlords who accept Section 8 Vouchers?

Need to help mom stay in the house.

Anonymous — Wed, 03 Sep 2008 09:51:47 -0800

Need to help mom stay in the house. In the interest of justice, I humbly summon the hivemind to aide in this most important matter. Our Landlord has raised the rent by $200. My mother cannot afford it. Furthermore, The landlord has not increased the rents of the other tennants in the building. I asked the landlord why this is being done. He replied that it's because the increase of his utility bills (which my mother alone will shoulder). I reason that he is raising the rent because he was forced to fix our bathroom (by court), which fell to trerrible disrepair. My mother is refusing to accept the new lease, reserving to move out. However, I want to keep this apartment. In the spirit of fairness, I will have to champion my mother who is being bullied by this hypocrite. Tips on finding out who is the owner of the building, If the landlord/super is in the process of buying the building, what are his expensises will be much appreciated. I ask the hive mind to direct me to any agencies In crown heights, Brooklyn, zip 11225, which helps the renter and any legal recourse, or any ideas of how to fight this or force him to prove the reason for the rent hike. Or reduce the hike at least to $100. Because my mother works the overnight shift and can barely buy food for herself. This is the nicest neighborhood we've lived in since we moved to Brooklyn and would hate to be forced to move out. We live in a brick building which contains four apartments.

Illegal Eviction Notice in Los Angeles

chez shoes — Fri, 15 Feb 2008 18:11:48 -0800

Have you dealt with an illegal eviction notice in Los Angeles? Got home from work today to find a typed letter from my landlady asking me to move by 4/15. Long story short - she's facing foreclosure; I live in a tiny single in a 3-unit triplex; she wants to move into my single and rent out the 2+2 unit that she currently lives in for more $$$.

I'm aware of the laws governing this under the RSO, and I'm aware she did not approach this legally and have already filed a complaint with the agency.

As far as I know, she has no legal right to take any action against me until she actually files the Declaration of Intent to Evict - can anybody confirm this? Additionally, I'd like to hear from anybody else who has gone through this - any tips, support, etc. you have to offer.

I know you're not my lawyer. I'll get one if I have to, but right now I'm trying to rely on Nolo Press and my library science degree to get me through this.

Give me a fire by Christmas, please!

bunnycup — Fri, 14 Dec 2007 13:24:09 -0800

What, if any, are the effects of express warranties by landlord and landlord's agents under New Jersey landlord tenant law? Okay, yes, I am a lawyer, but I'm out of my zone of comfort and in a brand new state. Please take pity on me!

Prior to renting my home, the landlord's property agent (not my agent) represented that the fireplace and chimney were safe for use as a result of passing inspection. Further, during lease negotiations, as a part of an attempt to persuade my husband and I to accept liability for all repairs of any kind, two employees of the landlord represented that full inspections had been done within the last 12 months, the house had passed, and thus we could forsee no actual risk under such a clause. We nevertheless declined to agree to accept that liability.

Prior to using the fireplace, my husband would like us to obtain confirmation of its safety for use. My written query to the landlord was responded to as follows:

"You are correct that the standard NJ home inspection was done. However, that was only a visual inspection for any structural damage to the exterior, as this was the only inspection we were required to do. "

I feel that I received an express warranty that that the fireplace was safe from the realtor (a designated agent of the landlord), who used the use of a fireplace as a selling point, along with a more general (but also express) warranty from the property managers that a detailed inspection had taken place. I rely on no implied warranties of any kind, and do not assume that because the stove is in the house, it is safe to use.

I am not familiar with NJ law; I do not (and will not in future) practice in NJ. My prior education is with NYS and NYC property law, which as you may know is often quite different from other states. Without asking that anyone do in depth research here, any quick thoughts on an argument that I've got an express warranty as to the fireplace, or whether there is any wiggle room whatsoever for a contractual promissory estoppel type argument? I realize this is a fairly technical question, and am asking solely for the purpose of determining whether further research on my part would be worthwhile. If someone knows I am wasting my time, hearing that would be useful. I will not be relying on your answers as the basis of further correspondence, etc.

Thanks in advance for saving Christmas!

How to keep this Housing Association flat?

slimeline — Mon, 13 Nov 2006 15:35:06 -0800

Lets say that I am living in a flat in the UK that belongs to a guy who is a secure tenant of a housing association. He is not living in this place for a long time. Now the housing association wants to check who is living in the flat. So this guy (old family friend) is a secure tenant (which means he can live in this flat for ever) but few years ago he decided to move abroad (Europe) and let me stay in his flat. I pay the housing association rent, and I pay him a small rent too. The Housing Association knows that I am living in this flat as this guy's tenant (this is legal as long as he lives there), but they don't know that he is not living there for a few years now (he had to let them know if he had left the flat). This guy has no interest in coming back to the UK and quite happy for me to stay there as long as I want. Recently there was a letter from the Housing Association saying that they are going to conduct an audit of their properties and will visit the flat one day in the next couple of weeks with the aim of establishing if the people who live there are entitled to do so.
What can someone do in order to stay in this flat? And what shall I expect to happen? Does anyone has experience of a similar situation and knowledge of what might happen? I can contact this guy, but he is away at the moment and will not be back for a couple of months.

Road to Nowhere

figment — Mon, 22 Nov 2004 20:46:29 -0800

My SO's long-held family house looks like it will soon have a 6 lane highway built through it. Is there anything that can be done or said that could have a bearing on the route? (MI) The Pacific Highway is to be upgraded in the North of NSW(OZ). They have released the study area(house is opposite Newrybar, to the right of the existing road) and there seems little doubt they intend to go through their land. There have been community meetings but they appear to have been nothing more than lip service to concerns. The homestead is 100+ acres and is in original (rare) condition. They have told they cannot sub-divide the land, as it is a water catchment for a nearby town, so can they put a highway through it? Is there anything that can be done? Does anyone have any experience with this? I thought this sort of thing onhly happens in the movies. Very distressing.