Comments on: Related Links http://petriestocking.com/blog Tristan's Landlord - Tenant Law Blog Thu, 02 Feb 2012 19:30:29 +0000 hourly 1 http://wordpress.org/?v=3.1 By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/links/comment-page-1/#comment-1445 Tristan R. Pettit, Esq. Fri, 07 Oct 2011 16:08:17 +0000 http://petriestocking.com/blog/?page_id=60#comment-1445 Tasha -- the issue of what notice you can serve and when is the same as for state statutes -- you should refer to my posts on notices regarding that. With regard to service of a notice on a section 8 site-based property - those service requires are different then the state laws and you should look to the HUD Handbook for that information. If your questions is regarding Sec 8 voucher prgram and not the Sec. 8 site based "projects" then the service issue is the same as market rate as set forth in the state statute. There is no such thing a 30 day notice unless your tenant is under a lease for more than one year. When they are under a lease for 1 year or less then your options are 5 day and 14 days. You can only serve the 14 day notice if you served a prior 5 day for same or similar breach within prior 12 months. Tasha — the issue of what notice you can serve and when is the same as for state statutes — you should refer to my posts on notices regarding that. With regard to service of a notice on a section 8 site-based property – those service requires are different then the state laws and you should look to the HUD Handbook for that information.

If your questions is regarding Sec 8 voucher prgram and not the Sec. 8 site based “projects” then the service issue is the same as market rate as set forth in the state statute.

There is no such thing a 30 day notice unless your tenant is under a lease for more than one year. When they are under a lease for 1 year or less then your options are 5 day and 14 days. You can only serve the 14 day notice if you served a prior 5 day for same or similar breach within prior 12 months.

]]> By: Tasha http://petriestocking.com/blog/links/comment-page-1/#comment-1443 Tasha Thu, 06 Oct 2011 14:50:24 +0000 http://petriestocking.com/blog/?page_id=60#comment-1443 Hello, Could you refer me to some information on how to correctly service notices for a section 8 property. Such as when to serve a 14-day notice vs when to serve a 30-day notice? An example is I served someone a 30-day notice for distrubance of neighbors and I have a previous 5-day and police reports to support the 30-day. Now I am being told I should have served a 14-day notice instead. Hello,

Could you refer me to some information on how to correctly service notices for a section 8 property. Such as when to serve a 14-day notice vs when to serve a 30-day notice? An example is I served someone a 30-day notice for distrubance of neighbors and I have a previous 5-day and police reports to support the 30-day. Now I am being told I should have served a 14-day notice instead.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/links/comment-page-1/#comment-1407 Tristan R. Pettit, Esq. Thu, 22 Sep 2011 00:48:31 +0000 http://petriestocking.com/blog/?page_id=60#comment-1407 Dani -- If you feel that your security deposit was improperly kept or deducted then you should consult with a lawyer to assist you in evaluationg if your landlord acted improperly Dani — If you feel that your security deposit was improperly kept or deducted then you should consult with a lawyer to assist you in evaluationg if your landlord acted improperly

]]> By: Dani http://petriestocking.com/blog/links/comment-page-1/#comment-1406 Dani Tue, 20 Sep 2011 23:33:29 +0000 http://petriestocking.com/blog/?page_id=60#comment-1406 I was wondering if there anything that I can do? I was wondering if there anything that I can do?

]]> By: Dani http://petriestocking.com/blog/links/comment-page-1/#comment-1405 Dani Tue, 20 Sep 2011 23:32:28 +0000 http://petriestocking.com/blog/?page_id=60#comment-1405 Hi, I live in Madison and recently move out of my apartment. My previous building company charged me for carpet replacement and pictures associated with the charge. I look at the pictures and they do no match the pictures I took when I moved out. The 1st picture if less than a inch of carpet coming up in the doorway that I was caused because if door being stuck. The 2nd was a snag in the carpet less than two inches. I found it odd that I was being charged for carpet that was deeply soiled and smelly before I moved in. The carpet was so deeply soiled that our feet and socks turn blacked during our stay. Hi,

I live in Madison and recently move out of my apartment. My previous building company charged me for carpet replacement and pictures associated with the charge. I look at the pictures and they do no match the pictures I took when I moved out. The 1st picture if less than a inch of carpet coming up in the doorway that I was caused because if door being stuck. The 2nd was a snag in the carpet less than two inches. I found it odd that I was being charged for carpet that was deeply soiled and smelly before I moved in. The carpet was so deeply soiled that our feet and socks turn blacked during our stay.

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/links/comment-page-1/#comment-1384 Tristan R. Pettit, Esq. Wed, 07 Sep 2011 23:00:37 +0000 http://petriestocking.com/blog/?page_id=60#comment-1384 Tasha -- I would argue that you did serve her (she just chose not to take it) and then she subsequently cured the 5 day by paying within the 5 day cure period. So in my view that would count as a prior 5 day within the prior 12 months, so if she is late again you could serve her with a 14 day notice with no right to cure. Whether or not a court would agree with me, I cannot say. But I believe you served her. In the future you can avoid this issue by serving via certified mail. By going this route you also can avoid any altercations with the tenant. T Tasha — I would argue that you did serve her (she just chose not to take it) and then she subsequently cured the 5 day by paying within the 5 day cure period. So in my view that would count as a prior 5 day within the prior 12 months, so if she is late again you could serve her with a 14 day notice with no right to cure.

Whether or not a court would agree with me, I cannot say. But I believe you served her.

In the future you can avoid this issue by serving via certified mail. By going this route you also can avoid any altercations with the tenant.

T

]]> By: Tasha http://petriestocking.com/blog/links/comment-page-1/#comment-1383 Tasha Wed, 07 Sep 2011 15:52:09 +0000 http://petriestocking.com/blog/?page_id=60#comment-1383 I tried to serve a resident a 5-day notice for non-payment of rent but she would not take it. (We were face to face). Instead she put her check on my desk and walked out. I understand she cured the 5-day by paying but can this 5-day go in her file? (In case she doesn't pay in the future and a 14-day would have to be started.) I tried to serve a resident a 5-day notice for non-payment of rent but she would not take it. (We were face to face). Instead she put her check on my desk and walked out. I understand she cured the 5-day by paying but can this 5-day go in her file? (In case she doesn’t pay in the future and a 14-day would have to be started.)

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