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I took out a domestic protective order against my husband, he was removed from property. our lease expires on 12/31/2013. the judge oredered him to continue paying all bills including rent.
He informed the real state agent that he no longer resides at the property. i later recieved a letter from the agent stating that i am an illegal tenat.
I spoke to her in person and showed her the court order. She informed me that im not on the lease, even though we are legally married, and i have a court order granting me to reside at the premises.
SHE SAID THAT A LEASE AGREEMENT SUPERCEDES A COURT ORDER BY A JUGDE! I HVAE NO MONEY ABD NO WHERE TO GO, LEASE EXPIRES ON 12/31/2013. IS THE AGENT RIGHT?
Without knowing all the details, it seems the court order allows you to stay in the house..... but only until the lease end date 12/31/13. Two separate issues. After that point its up to you to sign your own "new" lease with the realtor or leave.
That one is tricky. If you weren't on the lease, you probably don't have any real rights to the property. However, since you were married and are a resident, there are some rights that you will have. I think the judge is saying that your husband cannot be there with you. I don't believe the judge can order the landlord to allow you to stay if you're not on the lease. If the judge can do that, it is rare. I would speak to the landlord and agent to see what can be done. If you told them you have no money, then they most likely won't work with you. But don't try to get them to allow you to stay and then not pay rent. You really don't want an eviction on your rental history. My advice would be to go ahead and plan to move. The agent can file eviction papers on you based on how this looks. Actually, I would almost expect it.
SHE SAID THAT A LEASE AGREEMENT SUPERCEDES A COURT ORDER BY A JUGDE! I HVAE NO MONEY ABD NO WHERE TO GO, LEASE EXPIRES ON 12/31/2013. IS THE AGENT RIGHT?
Yes, the agent is correct in this case.
Truth is, it's a hard one for the average person to understand.
The lease grants the tenant a certain right to occupy the premise with quiet enjoyment. The Court Order is not actually changing the lease but evoking a lease prevision known as § 42-45.1. that is required under law. Subsections (a) and (c) covers you. (a) tells the landlord that despite the quiet enjoyment and occupancy rights, the court order is voiding those rights to the named individual. (c) states that as far as the occupancy under the lease is concern, all other occupants have the right to remain even though the tenant is excluded. At no point did the judge actually change the lease, just activating provisions of the lease and law that require a judges’' order.
What you are getting confused over is the Judge's order granting rights under § 42-45.1, verse the legal term of tenancy for the lease. You lease expires on 12/31/2013 as does your protections because you are no longer covered by law. You can always ask a Judge to grant a temporary extension to the lease, or grant an order requiring the husband renew the lease, but those are normally family court/civil issues seperate from the protection of an unexpired lease on domestic violence victims.
Can a civil court judge legally require an extension of a lease in the case of domestic violence? That seems a bit odd to me. I know the laws change and opinions change, but I think it would be crossing a line for a judge to require a lease extension. I'll have to look into this one.
My Mother's Apartment Manager asked me why I visit my Mother so much and then preceded to tell me that I need to come to the office and fill out a lease even though I do not stay overnight. I do visit my Mother daily or every 2-3 days. My husband and I have lived at our residence for the past 17 years and have neighbors that can vouch for us. Can my Mother's Apartment Manager request this of me?
Last edited by Ultrarunner; 08-12-2014 at 10:40 AM..
Aside from a few items that can't be overwritten by an agreement between 2 people in writing, most things agreed in writing will be legal since the meeting if the minds happened while both understood what they signed.
In Florida for example you can't waive in writing that the LL will not be liable for the dog bite or damages that the tenants dogs did, and I heard this from a couple of lawyers but never saw it in writing but they stated it was the law in a couple of states and in some states it can be waived. Maybe that part is in some law books and not in tenant/landlord law since it has to do with liability.
Since I'm not a lawyer and not living in that state I have no way if knowing if this is one law that is not allowed but in Florida if two people agree to certain things like the OP mentions than it is valid but a judge can overturn anything but what are the chances of taking that risk.
We hear it all the time...I had to attend a funeral, my mom is sick and in the hospital or my employer didn't send my check or my bank made an error....we say " too bad since you know when rent is due and you can make it an automatic payment"
On top of that the are certain months we always hear these stories and if a tenant never had one late payment and always communicates than we may be a little more lenient but that is why we have PayPal and they can pay right away using a credit or debit card and if they don't use that we know it is BS!
Last week we had it....my mom was all of a sudden so sick so I had to go out of town to her and she is in the hospital and I forgot about the rent but it is in the mail and you will get it tomorrow or the day after! We told the guy right away....after every month paying late this is no excuse and either we have the money tomorrow before noon or we will be filing papers. We didn't even have to post a 3 day notice but we did since the law has changed and we don't have to post for the same thing within 12 months!
Of course no mail came but in the end he showed up with the money orders and when they asked me to started paying bi weekly and the owner refused since her mortgage is not paid by weekly and all the other issues relating to that, they stated the Eason for no rent by mail to come in after they stated it was in the mail that a friend was suppose to mail it and forgot and that was not on them!
We are so happy when this year is over and they will be out...month after month of late and trying to get the rent. Luckily we have a high security deposit and last month rent!
We even offered to move them to a cheaper rental so they have it easier but that is not what they like!
Aside from a few items that can't be overwritten by an agreement between 2 people in writing, most things agreed in writing will be legal since the meeting if the minds happened while both understood what they signed.
Highly situation dependent. Judges are not hesitant to strike down unfair lease provisions. This is one reason I harp on never using a lease that isn't approved by the state bar association.
Quote:
In Florida for example you can't waive in writing that the LL will not be liable for the dog bite or damages that the tenants dogs did, and I heard this from a couple of lawyers but never saw it in writing but they stated it was the law in a couple of states and in some states it can be waived. Maybe that part is in some law books and not in tenant/landlord law since it has to do with liability.
It's there.
Quote:
83.47 Prohibited provisions in rental agreements.—(1)
A provision in a rental agreement is void and unenforceable to the extent that it:
(a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part.
(b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.
Do you guys realize that with the exception of post #16 - the one about the daughter who visits her mom for 2-3 hours a day everyday - this thread is a mishmash of stuff from 2013?
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