A landlord would be remiss not to require that waiver, in fact If the provisions of the law were applicable to a tenant who burned the building down, not only would the landlord have no cause of
action against the tenant, but the landlord's insurance company wouldn't even be able to subrogate against that tenant because their only right of recovery is in the landlord's stead, which he assigned to them when they paid the claim.
The complaint says that CLP did, in fact, file an eviction
action against the tenant.
If you ever have to take legal
action against a tenant or defend yourself in court, you'll want to be sure that you have everything in order.
The Massachusetts statute also prohibits landlords from evicting tenants, or taking any other discriminatory
action against tenants, who report the presence of lead paint to public health officials.
If a landlord takes an adverse
action against a tenant or rental applicant, they must give notice orally, in writing, or electronically.
With more states legalizing medical and recreational marijuana, it's becoming more difficult for landlords to take
action against tenants who smoke pot on the property.
«And law enforcement are going after small possession cases less and less, so it's going to be hard to get them to take
action against a tenant who's smoking pot,» Kimball said.
Often, evictions will require notice to the tenant, filing a court
action against the tenant, and seeing the eviction through a lengthy eviction process that may require a hearing.
Not exact matches
A class -
action lawsuit has been filed by the Legal Aid Society on behalf of
tenants in two Sunset Park apartment buildings who alleged that the landlord discriminated
against them and made them prove citizenship before agreeing to renew their leases.
After deploying numerous tools to address persistent problems at this building, we are working with housing advocates and
tenants to lodge an
action against the landlord to take over operations,» de Blasio said, according to the Post.
DOB, City & State agencies heed Klein's call to take
action against Bronx landlord who deprived rent - stabilized
tenants of gas for 29 days
In addition to calling for more affordable housing beyond the proposed 25 percent requirement, Adams sought accountability to put in place and sustain the city's proposed anti-displacement initiatives, which include free legal services to
tenants and a task force dedicated to investigating and taking
action against landlords harassing residents.
[2] The appellant
tenant commenced an
action against a respondent landlord for damages after slipping and falling on the premises.
If an executor has been appointed, a landlord may evict the estate by bringing an eviction
action against the executor who stands in the shoes of the
tenant for this purpose.
For example, labor unions can — and often do — provide legal services on behalf of their members...
Tenants» associations can provide emergency legal assistance to contest evictions; similarly, while landlords» associations can offer emergency legal assistance to take action against unruly or destructive t
Tenants» associations can provide emergency legal assistance to contest evictions; similarly, while landlords» associations can offer emergency legal assistance to take
action against unruly or destructive
tenantstenants.
Stuart advises and appears in non — matrimonial property disputes (TOLATA cases), Inheritance disputes, residential landlord and
tenant and disrepair cases and general common law cases including professional negligence, professional conduct and disciplinary proceedings,
actions against the police, inquests, personal injury and contractual disputes.
Harjie is frequently involved in demanding and complex land and property related disputes and is the firm's lead partner on all commercial landlord and
tenant litigation including contested lease renewals, lease termination, disputed dilapidation and service charge claims,
actions against telecommunication operators,
actions for breach of covenants, possession claims and enforcement.
(2) An
action for an accounting may be brought by a joint
tenant or
tenant in common, or his or her personal representative,
against a co-
tenant for receiving more than the co-
tenant's just share.
4 Oct. 25, 2017)(unpublished),
tenant did prevail
against landlord on certain subletting disputes (two unlawful detainer
actions and a subsequent
tenant civil
action), with
tenant gaining some substantial compensatory damages after some appeals.
In this one, landlord had to bring a «coercive» declaratory relief
action against a commercial
tenant based on winning a prior
action in which
tenant was only allowed to use common areas behind its store for loading / unloading purposes only.
This
action involves a claim by a landlord, 926 Capital Corp.,
against a
tenant, Petro River Oil Corp..
A California
tenant served with an eviction notice in 2009 by a bank that became the owner of the foreclosed property she was renting does not have the right to bring a private
action against the bank for allegedly violating the 2009 Protecting
Tenants at Foreclosure Act.
In fact, the Body Corporate can take absolutely no
action against the owner, unless the
tenant has breached a rule of the Body Corporate.
A
tenant evicted from an apartment in a forcible or unlawful manner is 16 entitled to recover triple damages in a legal
action against the landlord.
However, mere knowledge by a landlord of a subtenant's involvement with its
tenant and of the likely consequences of terminating the head lease did not result in a «tort
action»
against the landlord by the subtenant.
In a recent editorial published in the Cape Argus, the chairman of Rawson opined that «homebuyers, banks and
tenants all need to take
action to protect themselves
against the effects of the recent Supreme Court of Appeal (SCA) judgment that property owners can be held liable for historical municipal debts dating back up to 30 years.»
The
tenant brought a third - party
action against the Broker and the Brokerage, claiming that the Broker was responsible for Stimmel's injuries.
SageGroup Associates v. Dominion Textile (USA)(244 A.D. 2d 281)-- the «able» prong of the ready, willing and able test refers to the prospective subtenant's financial ability; although broker established he procured a prospective subtenant ready, willing and able to sublet on terms set by the prospective sublessor, the parties» disagreement as to the terms of their oral agreement raised triable issues of fact precluding summary judgment in favor of either party; no cause of
action exists in quantum meruit, unjust enrichment and account stated where there is an express contract governing the broker's right to a commission; broker lacks standing to claim tortious interference with contract
against landlord for refusal to grant
tenant permission to sublease because broker is neither a party to nor an intended beneficiary of the sublease rejected by the landlord.