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Post by Deleted on Mar 6, 2016 15:08:50 GMT -5
Loony, I'd love to visit your neighborhood for a day. I can't imagine how it would be. Fun
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gregintenn
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Post by gregintenn on Mar 6, 2016 15:10:35 GMT -5
Loony, I'd love to visit your neighborhood for a day. I can't imagine how it would be. Fun Interesting for certain.
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Post by The Walk of the Penguin Mich on Mar 6, 2016 15:41:35 GMT -5
Smart landlords enter into written lease agreements with their tenants that spell out each party's rights and responsibilities and obligations during the rental term. The lease will reflect the total agreement and understanding of the parties. You could conceivably draft a lease that gives you, the landlord, the right to evict your tenant at your sole will and discretion so that you could boot a tenant when the relationship stops working for you, the loner. Finding a tenant willing to rent under those one-sided terms is a whole nother matter. Tell your "friend" to rent only upon execution of a written lease form now on. So how about inability to evict disabled? milee has a totally Hollywood opinion about it. She writing a screenplay as we speak I am sure.
No one has said that you are unable to evict the disabled. What you cannot do is evict ANYONE illegally. The disabled have more resources to fight you, so a smart landlord will comply to the letter of the law.
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Opti
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Post by Opti on Mar 6, 2016 15:58:36 GMT -5
Right. You don't have to have any reason at all to end a rental agreement as long as it is spelled out in the lease (7 days, 30 day notice). If it isn't written in the lease, you have little protection. Protect yourself. Thanks that is what I thought. If I want freedom - I can have it whether she is disabled or not, right? I just almost sure they had not wrote any lease. I remember she said her tenant even didn't need a house keys because she doesn't leave the house. Neighbor feeding her and she pays her bit more.
No written lease usually defaults to whatever the local city or state law is. Likely at least 30 days notice to evict/move.
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NancysSummerSip
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Post by NancysSummerSip on Mar 6, 2016 16:59:13 GMT -5
Another option might be to offer the tenant a months rent to move out. I am unclear who she stole from, but maybe also offer an agreement not to press charges. I would still have an attorney check out that, but I would think that might still be the cheapest way to go. That is the a great suggestion! Tenant stole neighbors IDs. And money. But while neighbor couldn't prove it she kept shot. Yesterday police retrieved her IDs from tenant's wallet
Who saw her actually do the stealing? Did someone see her or videotape her walk into the landlord's room, open the wallet and remove the ID and money? If not, there's likely not a case here. The tenant can just as easily claim the landlord gave her both the ID and the money. Or the tenant can claim she found both in the house or on the ground. Why? Who knows? It does not matter. Unless the theft was witnessed, it will not be easy to prove actual theft. Illegal possession of the ID, maybe. But the cash is history. No way to track it. This is one landlord who should not be in the landlord business. Talk about not protecting yourself. No vetting of this tenant (a few bucks spent on a background check saves a lot of financial heartache later), no written agreement (and without it, the landlord is the one in trouble, not the tenant) and the tenant is disabled. This is an overview of landlord-tenant laws in PA. Landlords can give as little as 10 days' notice in that state, but at a fast glance, most of the laws appear to side with the tenant. And as Opti mentioned, there are city laws as well. If this landlord is in the metro Philly area, there's a whole 'nother set of laws just for that city. www.phila.gov/li/pages/tenantlandlord.aspxwww.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-pennsylvania.html
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Tennesseer
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Post by Tennesseer on Mar 6, 2016 17:38:50 GMT -5
Assuming the landlord isn't tloony, the landlord could have planted the IDs and such in the renter's wallet while she was in the hospital to make a case against her with the police.
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tskeeter
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Post by tskeeter on Mar 6, 2016 18:02:10 GMT -5
Ok, let's say I am a home owner who had rented a room to someone. Than later I had decided it is not working for me. Can't I ask tenant to move out?
BTW they have no agreement. Verbally and texting.
I think it depends on the state. If you are renting a room to someone you implicitly do have some kind of an agreement. www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-pennsylvania.htmlReal estate transactions, including rental arrangements, are subject to what is called the statute of frauds. This says that if an agreement regarding real estate is not on writing, there is no agreement. As always, there may be something in your state that supersedes the general rule.
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Opti
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Post by Opti on Mar 6, 2016 18:23:53 GMT -5
Real estate transactions, including rental arrangements, are subject to what is called the statute of frauds. This says that if an agreement regarding real estate is not on writing, there is no agreement. As always, there may be something in your state that supersedes the general rule. I had never heard of Statute of Frauds before, but I did find this-
You may have heard that a contract that has to do with real estate or a rental house, apartment, or condo unit has to be in writing or a court won't enforce it. That's true, in most cases. A contract to buy or sell a house, condo, or co-op unit, if it’s just a “handshake” sort of deal, means nothing at all under the legal rule called the Statute of Frauds unless and until the agreement is on paper, signed by both parties. However, a lease for no more than one year is an exception to that rule. So, this means that you can actually have a verbal lease that a court will enforce, and the agreement can be either month-to-month or for up to one full year.
real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/restrictions-on-tenants-without-written-lease.htm
All the links I've skimmed do agree it all depends on local law and jurisdiction. If the disabled renter could prove multiple payments to the landlord, its seems odd somewhere could say there was no agreement.
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Post by Deleted on Mar 6, 2016 18:47:59 GMT -5
Real estate transactions, including rental arrangements, are subject to what is called the statute of frauds. This says that if an agreement regarding real estate is not on writing, there is no agreement. As always, there may be something in your state that supersedes the general rule. I think we are saying the same thing. That if there is no written agreement then the state set the terms.
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Mar 6, 2016 19:32:01 GMT -5
My MFH thread on the regular YM board has a lovely and accurate (from the landlord's perspective) story line for evicting tenants with a lease. Loony, stop trying to guess at what to do. Stop trying to argue with what you want the law to be. Don't listen to anyone who is also just guessing based on what they think should be the law. Stop pulling crap off the internet. Landlord laws are incredibly difficult when dealing with honest tenants. When dealing with dishonest tenants, its 10x worse. I've actually evicted people twice--once ten years ago which went well because the tenant left on their own accord after one missed rent payment. The other time is documented in my MFH home thread. I will never give any other advice than "get a lawyer who regularly practices landlord/tenant law". It doesn't matter if the lawyer is expensive. Losing your house is more expensive.
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Post by Deleted on Mar 6, 2016 19:35:07 GMT -5
My MFH thread on the regular YM board has a lovely and accurate (from the landlord's perspective) story line for evicting tenants with a lease. Loony, stop trying to guess at what to do. Stop trying to argue with what you want the law to be. Don't listen to anyone who is also just guessing based on what they think should be the law. Stop pulling crap off the internet. Landlord laws are incredibly difficult when dealing with honest tenants. When dealing with dishonest tenants, its 10x worse. I've actually evicted people twice--once ten years ago which went well because the tenant left on their own accord after one missed rent payment. The other time is documented in my MFH home thread. I will never give any other advice than "get a lawyer who regularly practices landlord/tenant law". It doesn't matter if the lawyer is expensive. Losing your house is more expensive. what is My MFH thread
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NancysSummerSip
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Post by NancysSummerSip on Mar 6, 2016 19:53:40 GMT -5
Assuming the landlord isn't tloony, the landlord could have planted the IDs and such in the renter's wallet while she was in the hospital to make a case against her with the police. Oh my...mean, sneaky and evil. And I wish I'd come up with that scenario.
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gregintenn
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Post by gregintenn on Mar 6, 2016 20:09:33 GMT -5
My MFH thread on the regular YM board has a lovely and accurate (from the landlord's perspective) story line for evicting tenants with a lease. Loony, stop trying to guess at what to do. Stop trying to argue with what you want the law to be. Don't listen to anyone who is also just guessing based on what they think should be the law. Stop pulling crap off the internet. Landlord laws are incredibly difficult when dealing with honest tenants. When dealing with dishonest tenants, its 10x worse. I've actually evicted people twice--once ten years ago which went well because the tenant left on their own accord after one missed rent payment. The other time is documented in my MFH home thread. I will never give any other advice than "get a lawyer who regularly practices landlord/tenant law". It doesn't matter if the lawyer is expensive. Losing your house is more expensive. what is My MFH thread ymam.proboards.com/thread/43413/trying-sell-minor-update-february?page=1Don't cheat yourself, hickle!
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Tennesseer
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Post by Tennesseer on Mar 6, 2016 20:29:09 GMT -5
Assuming the landlord isn't tloony, the landlord could have planted the IDs and such in the renter's wallet while she was in the hospital to make a case against her with the police. Oh my...mean, sneaky and evil. And I wish I'd come up with that scenario. Not a rent case but similar things happen. Jury awards $5.7M to victim of Irvine drug-planting couple
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NancysSummerSip
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Post by NancysSummerSip on Mar 7, 2016 8:52:12 GMT -5
Oh, I believed you even without the article citation. There's no justification for such an act, but from a dirty deed standpoint, it's brilliant. How you go about proving it is another story, however. I think this is one tenant that needs to be paid to just go away, so the landlord, should they be so foolish, can start over with someone new, and perhaps with a better perspective on what to do next time.
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Tennesseer
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Post by Tennesseer on Mar 7, 2016 9:23:40 GMT -5
Oh, I believed you even without the article citation. There's no justification for such an act, but from a dirty deed standpoint, it's brilliant. How you go about proving it is another story, however. I think this is one tenant that needs to be paid to just go away, so the landlord, should they be so foolish, can start over with someone new, and perhaps with a better perspective on what to do next time. It wasn't that I thought you disbelieved me by me giving an example deceptive behavior, just me giving an example of viscious behavior of planting false evidence and then the bastards getting their just desserts.
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tloonya
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Post by tloonya on Mar 7, 2016 9:39:03 GMT -5
Loony, I'd love to visit your neighborhood for a day. I can't imagine how it would be. Fun Its pretty boring here. This is why stories like this is a huge talk of the neighborhood. Ambulance? WOW!!!
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swamp
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Post by swamp on Mar 7, 2016 9:40:31 GMT -5
Real estate transactions, including rental arrangements, are subject to what is called the statute of frauds. This says that if an agreement regarding real estate is not on writing, there is no agreement. As always, there may be something in your state that supersedes the general rule. wrong.
Each state is different.
GO SEE A LAWYER. THIS IS NOT A HELPIE SELFIE DEAL.
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tskeeter
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Post by tskeeter on Mar 7, 2016 20:00:14 GMT -5
Real estate transactions, including rental arrangements, are subject to what is called the statute of frauds. This says that if an agreement regarding real estate is not on writing, there is no agreement. As always, there may be something in your state that supersedes the general rule. wrong.
Each state is different.
GO SEE A LAWYER. THIS IS NOT A HELPIE SELFIE DEAL.
I stand corrected.
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NastyWoman
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Post by NastyWoman on Mar 7, 2016 20:12:49 GMT -5
Assuming the landlord isn't tloony, the landlord could have planted the IDs and such in the renter's wallet while she was in the hospital to make a case against her with the police. Oh my...mean, sneaky and evil. And I wish I'd come up with that scenario. I have been thinking along the same lines as Tennesseer did, but I am also wondering why the police would even go into the wallet of the the renter? Was there a search warrant? Did the renter say "go ahead, just go through my stuff"? Since the renter was in the hospital I can't believe there would be a legitimate emergency reason. So was this an illegal search?
This whole story stinks to high heaven...
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milee
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Post by milee on Mar 7, 2016 21:50:50 GMT -5
Oh my...mean, sneaky and evil. And I wish I'd come up with that scenario. I have been thinking along the same lines as Tennesseer did, but I am also wondering why the police would even go into the wallet of the the renter? Was there a search warrant? Did the renter say "go ahead, just go through my stuff"? Since the renter was in the hospital I can't believe there would be a legitimate emergency reason. So was this an illegal search?
The part about the police going into the wallet was believable to me. I suspect when someone ODs, needs medical care and is unconscious it's not unreasonable to expect that someone - police/paramedics/ER staff - might look for ID and possibly medical or insurance info in the unconscious person's wallet. When I was pregnant my doc made me carry around a card in my wallet that explained that I was RH negative and if I was found unconscious and bleeding that I needed to be given RhoGam.
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mskay
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Post by mskay on Mar 7, 2016 21:51:13 GMT -5
If there is an ambulance involved they may try to get the person to bring their wallet since ID and medical card are often in the wallet. I know I felt pretty awful couldn't walk, dehydrated, trouble breathing, dizzy but I brought my keys, cell phone, and wallet. They inventoried the wallet at the ER before I was admitted to the hospital.
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tloonya
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Post by tloonya on Mar 8, 2016 10:10:59 GMT -5
Oh my...mean, sneaky and evil. And I wish I'd come up with that scenario. I have been thinking along the same lines as Tennesseer did, but I am also wondering why the police would even go into the wallet of the the renter? Was there a search warrant? Did the renter say "go ahead, just go through my stuff"? Since the renter was in the hospital I can't believe there would be a legitimate emergency reason. So was this an illegal search?
This whole story stinks to high heaven...
I would think they needed her legal name for the record. She was out of it to tell them. And yes, it is stinks but so what? We had established that from the beginning...
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tloonya
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Post by tloonya on Mar 8, 2016 13:39:42 GMT -5
I think it is ok now. I am not sure. As you all know when stuff happens it is ringing all day until it dies down. So we will see.
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