Recent Lease Agreement Expert Legal Chats

Am I required to pay under lease agreement? If my lease states "Tenant shall, at Tenant's sole cost and expense, maintain the Leased Premises in a clean, neat and sanitary condition and shall keep the Leased Premises and every, part thereof in good condition and repair except where the same is required to be done by Landlord." and then "Tenant may perform all maintenance to the interior and exterior of the Leased Premises and keep the same in good operating condition and repair, including, but not limited to, maintaining, repairing and replacing, if necessary, the roof..." does this mean that I, as the tenant am required to pay for a roof re-sealing? "Shall" in the first sentence, and then "may" in the next is causing some confusion and before I pay for a roof reseal on a building I don't own, I was looking for some clarification. Thank you I am in Arizona, if that matters. Thanks.

Dolan W.

Answered on Feb 10, 2025

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Does the agreement define what the "leased premises," technically is? Does this roof include the common areas covering other tenants?

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am i break my lease penalty free? i am in a back and forth discussion with my property manager and I want to send this email to her. I need advice on if this is appropriate or if I have the position to send this? I have been waiting to receive an update from you or legal regarding my lease termination request. You previously indicated I would receive a response on Monday, yet it is now Tuesday, and I remain without an answer. This continued delay is part of a larger pattern of inadequate and untimely responses to serious habitability concerns, further underscoring the need for immediate confirmation of the next steps. This email serves as formal clarification and follow-up to my previous message on [REDACTED], in which I stated that we would be leaving. To be clear, this is not a voluntary move but a lease termination due to severe habitability violations, including 53 days without hot water and repeated heating failures that resulted in unsafe living conditions. • For 53 days, we were without hot water, despite multiple requests for resolution. The issue was only addressed after I began calling daily in January—28 days after intensified follow-ups. This prolonged disruption of an essential service was entirely unacceptable and a clear breach of the implied warranty of habitability. • Regarding your explanation of the boiler system, I understand that it operates on a thermostat, cycling on and off based on a preset temperature controlled by management. However, this does not explain why my unit reached unsafe temperatures. A properly functioning heating system should never allow extreme indoor cold conditions, particularly at night. • When I reported heating failures, I was repeatedly told they were due to repairs, then later that the system was on a preset timer. Both explanations demonstrate either an inability to maintain a reliable heating system or an unwillingness to make necessary adjustments to prevent extreme cold conditions. • You have now confirmed that the boiler experienced outages during this period. If management was aware of mechanical failures affecting the building’s heat, why weren’t tenants notified? The only communication I received was a notice to keep water dripping—but nothing regarding heat loss, repair timelines, or necessary precautions. If management was aware of these outages, there was a clear obligation to inform tenants and provide alternative solutions. If management was unaware, why wasn’t I notified when repairs were taking place? Even during an extreme weather event, there was no effort from management to communicate or provide alternative solutions. This is not a question of whether the heating system was functioning "as designed" but whether it was managed in a way that ensured safe and livable conditions—which it did not. Since you are my only point of contact, I expect you to escalate this request to the appropriate decision-makers immediately. I am also sending a certified letter with this formal notice to ensure proper legal documentation. Please confirm the correct mailing address for official correspondence. If I do not receive written confirmation of our penalty-free lease termination by February 7, 2025, I will have no choice but to escalate this matter further. This matter has already been delayed far too long, and I expect it to be resolved immediately. Please confirm in writing that our lease has been terminated without penalty. [FILE UPLOAD]

Dolan W.

Answered on Feb 5, 2025

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Did you already send this email to them?

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How can I get my tenant's renters insurance info after they damaged my property? Have a tenant the intentionally made damage to my property, she has renters insurance but refuses to share, is their a way to get it?

Dolan W.

Answered on Feb 5, 2025

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: In what way did they damage the property?

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Seeking legal advice for apartment tenant issues. The complex in Austin, Texas, managed by ********. Below are the relevant details: Lease Expiry and Renewal: My lease for the apartment expired on December 31, 2024. Since October 17, 2024, I have been consistently requesting a lease renewal from the leasing office. They have assured me multiple times that they would send me the renewal documents, but to date, I have received nothing. Given that my lease has expired, I would like to understand the potential risks or consequences I may face for being out of contract in this situation. Notice Requirement if I Decide to Leave: If I decide to move out now that my lease has expired, am I still required to provide a 60-day notice to the leasing office, or does the expiration of the lease alter this requirement? Previous Concerns with Maintenance Staff: On [REDACTED], I sent the following email to the leasing office detailing an incident involving a maintenance employee, ******* ***. He entered my apartment without permission under the pretext of an emergency leak, even though there was no leak. My wife and young children were home at the time, and this situation was very distressing for us. Here is the full email I sent: Email to Leasing Office - [REDACTED]: Dear ***. *******, I hope this email finds you well. I am writing to bring to your attention a deeply troubling incident that occurred on [REDACTED], at approximately [REDACTED] involving one of your maintenance employees, ******** ***. On that day, ******** knocked on the door of our apartment, [REDACTED], while I was not at home. My wife was alone with our three young children: a [REDACTED] daughter, a [REDACTED] daughter, and a [REDACTED] son. ******** claimed there was an emergency leak in our unit. Despite being informed multiple times by my wife that there was no leak, he entered our apartment without permission. ******** proceeded to inspect several areas of our home, including my bedroom, where my [REDACTED] daughter was lying in bed watching cartoons in her underwear. This situation was incredibly distressing for both my daughter and my wife. He also inspected our bathroom, closet, AC, laundry area, and kitchen, ignoring my wife's repeated statements that there were no leaks. After leaving the apartment, ******** returned, stating that he had left a screwdriver inside. Given that my daughter was still in her underwear and my other daughter was using the bathroom, my wife offered to retrieve the tool for him. Despite this, ******** once again entered our apartment without permission, completely disregarding my wife's objections. ******** later claimed that he had a work order for the wrong apartment and left without offering any apology. His claim of an emergency water leak that could affect neighbors is questionable since our unit is on the first floor, and we have no neighbors below us. There were no visible signs of water damage, and I find his actions highly inappropriate. I have enjoyed living in this community for the past few months and appreciate the efforts you and your team put into maintaining the property. However, this incident has left me frustrated and concerned. I would appreciate hearing your perspective on this matter, as I would like to resolve this issue within the community without escalating it further. Thank you for your attention to this serious concern. I look forward to your prompt response. Sincerely, [REDACTED] [REDACTED] Retaliation and Employee Discipline: After sending the above email, I noticed that my roommate, who has been an employee at the apartment complex for five years and has never received any discipline, began receiving written disciplinary actions. This change in his record started immediately after I sent the email reporting the incident involving the maintenance employee. It seems to me that this may be retaliation in response to my complaint. Additionally, no action has been taken by the leasing office to address the original incident I reported. Given the circumstances, I would like to know: Are there legal risks or consequences for being out of contract at this point? Can I still move out without a 60-day notice due to the expired lease? Do I have grounds for a lawsuit against the staff at ******** apartments, especially if I am being retaliated against for reporting the incident? I would greatly appreciate your advice on these matters. Thank you for your time and consideration. Sincerely, [REDACTED]

Dolan W.

Answered on Jan 21, 2025

Hello *******! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Tel me more about the violations. Were the violations employment-related?

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What are my rights as a renter with mold?

Dolan W.

Answered on Jan 7, 2025

Hello ***!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:
Have you had the mold tested? Have you become sick from the mold at all?

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Landlord refuses home repairs in San Diego County What are his legal obligations to make these repairs?

Dolan W.

Answered on Dec 31, 2024

Hello ***!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:
When was the last time you gave them a heads-up about the repairs that were needed?

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Landlord is refusing to fix our stove. How can we resolve this? We're pretty upset but not sure what our options are and if we even have a legal option?

Dolan W.

Answered on Dec 10, 2024

Hi there! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer. Can you tell me about your situation? How long has the stoven been broken and unaddressed? When did you report this to the landlord?

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Can I withhold rent to landlord because of a water leak? They haven't fixed it yet.

Dolan W.

Answered on Dec 2, 2024

Hi there! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer.
Withholding rent is possible in some cases, but the laws vary depending on where you live. Can you let me know your location and how long the leak has been an issue?

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