My sublettee dropped out of the agreement. There was no written lease signed. Am I obligated to return the deposit?
This probably depends on the city you live in. It would be a good idea to check the city code (usually can be found on the city website) under lease agreements to see if there are any rules concerning this. If there aren't, then no, you are under no obligation.
What happens if my landlord did not send me a renewal lease to sign like they usually do? Can I get my first, last & security deposits back now that there's no more lease agreement, or do I get it when I am ready to move out(I live in Florida)?
There may be local law which dictates what happens but normally once a lease has ended and neither party has made a change the term of the rental continues on a month to month basis. You need to read your lease agreement as the original lease may have automatically extended for another lease period (probably one year). As you are continuing to rent, you would not get deposits back until (typically) after up to one month after you have vacated, having fulfilled your rental period after given your required notice.
What is the law if my landlord did not send me a new lease to sign this year, do I get my first, last and security back? I assume I am now month to month.
Of course, it depends on the state and locality to some degree. Typically, leases provide that at the end of the year lease period (apparently a year for you), it does become a month-to-month tenancy. I don’t know any reason you would get your first month’s rent back….that was to pay for your first month. If you have prepaid your last month, I don’t know any reason you would get that back, either. It is to pay your last month. (Where I live, leases typically don’t provide for a “last month’s rent” but rather for a security deposit which can be up to the equivalent of two months rent in most cases.) You get your security deposit back, less any legitimate charges, after you vacate and return possession, typically.
According to Georgia's law regarding a guest staying at your home with no written agreement, on what basis are you allowed to put them out?
Are they there for a night, or for years? If they were invited for an indefinite period, they can claim tenancy, and you'd have to formally evict them. If they were staying one night, then they are a guest with no claim, you can uninvite them, and if they fail to leave, you can have the police remove them for trespassing.There are no requirements on the basis for putting out a one-night guest. There are requirements on putting out a long term guest.
How do you deal with someone who orally agrees to something but refuses to sign the agreement when its written out?
Echoing other suggestions, let her know that you understand that she does not feel comfortable signing it. Tell her you will need your agreement in writing. Inform her that if she decides not to sign at this time, you're going to discuss with your lawyer on how to proceed.It’s not an ultimatum or a threat, just a simple course of action in resolving a matter. It may make you feel better about the situation to reassure her that your goal is to have an agreement that you both can live with. Conversation sets the stage for your actions.You just want clear expectations so that you’re both on the same page. This will prevent further misunderstandings and make your lives easier going forward.Your lawyers can answer on how to help you both understand how to renegotiate terms for when your initial agreements no longer work for both parties. Neither of you need to feel stuck.Thank you for reading my answer. I really hope this helps give you the confidence in dealing with your situation. Everything will work out. There are just steps involved. One conversation at a time.
If there is no written lease agreement with my landlord, can I be considered a tenant (San Francisco, CA)?
A2A.It’s tricky, and it depends on how you ended up in this situation in the first place.The typical way it would happen is that you have a written agreement/lease with the landlord, and then that lease expires, and you continue paying rent without objection from the landlord.This would mean that you started out with a fixed term lease and had what’s called a month to month lease conversion. This is actually pretty typical. It’s also pretty typical that your landlord will try to get you to sign a new lease, and if you won’t, they may start eviction proceedings.If you are in a rent controlled property, it’s more difficult to evict in San Francisco, the landlord tends to use an Ellis Act eviction, arranging something like a REIT distribution over the end of the year to get around the California Proposition 13 (1978) exceptions on transfer of title.If you are not in a rent controlled property, the landlord can evict in 30 days, if you’ve been there less than a year, or 60 days, if you’ve been there more than a year.And rules are different, even if you are paying rent, for rooms vs. apartments — e.g. if you are an adult child (for the purposes of the law, that means you’ve turned 18), and your parent is trying to kick you out, they’re pretty much allowed to do so.It’s also pretty easy to evict a hoarder can get evicted if problems arise in San Francisco, since San Francisco has some pretty strict fire codes for rental units, for example, it’s pretty impossible to stack boxes or papers without interfering with the operation of the legally mandated fire sprinkler system.This is somewhat of a shame, and the tenant can contact the California Department of Fair Employment And Housing, since it’s a legitimate psychological disability which entitles you to some protections, but expect that you will eventually be evicted as part of getting things cleaned up and getting you help.If you are a squatter, the landlord can pretty much just have the police/sheriff remove you for trespassing — potentially arresting you in the process, if you don’t leave as ordered. Squatters are also not entitled to the implied warrant of habitability (water, toilets, non-leaking roof, stairs that are not rotted out, etc.).Obviously, you can always contact the SFTU (San Francisco Tenants Union) or the HRCSF (Housing Rights Committee San Francisco), etc..There are many organizations which might agree that you count as a tenant, especially in San Francisco, where landlord tenant relations are sometimes quite adversarial (e.g. right after property taxes go up and come due, and the landlord finds themselves upside down on the mortgage, or repair or maintenance bills, but unable to raise the rent to cover costs).Be aware that contacting one of these organizations is the “nuclear option”, and your relationship with that landlord will go from bad to actively adversarial, if you make this call, these people go in expecting to fight, and fight they will, even if the landlord is accommodating.
My roommate wants me to move out 2 months into a year lease. We have no agreement, either written or verbal, regarding splitting bills and rent, I paid 100% of the deposit (3x rent) and first month, can I tell him to buy me out of my investment?
So your roommate wanted to move, got you to agree to move with, and now wants the place solo? How rude.First off, who is on the lease? If it’s both of you, tough luck for him! There’s no good way for you to move out solo without a re-negotiation of the lease. If you scamper without telling the landlord and someone else moves in, you are still liable for whatever happens in that house, so you better be the one to choose who takes your place, and they better be damn responsible!If you’re the only one on the lease, he can fry some bacon and suck it. Theoretically you can kick him out if you want to, but that might be tricky depending on the laws in your state.If you want to move, he should absolutely “buy you out” and the two of you need to sit down to create a payment plan as soon as possible, regardless of whether or not you have to advise the landlord. You should have at least half of your investment in hand before you leave. You can also insist that they pay your rent for the amount of time equal to the amount of investment before you move out, but whatever arrangement you both come to, get that all in writing before ANYTHING changes. Make sure you both have a copy of your own.The truth is that you will likely not see your money if you do end up moving out, contract or no. If your roommate had that kind of money he could have helped with the deposit, right?Also, why is your roommate asking you to leave? Are you bad at keeping house? Is he? Do you have differing sleep schedules and trouble staying quiet during times when the other is sleeping? Have the two of you ever actually sat down to discuss how your household should be run? It may be too late at this pointTL:DR If you decide to bail, you can ask but don’t expect to get your money back. Next time CYA. Good luck.