Renting Real Estate Questions and Answers

What does a motion to stay mean in a foreclosure of your home in a bankrupt?




Answers: a motion to stay in ANYTHING
means that the attorney wishes to
postpone an action.

IF the judge signs it, then the action
sought to postpone is halted for
x period of time--or indefinitely.
If there is a foreclosure and a bankruptcy going on at the same time, the bankruptcy court will issue a stay of the foreclosure. This keeps the foreclosure case from continuing or being completed, until the bankruptcy can be sorted out. At some point during the bankruptcy case, the court will release the real estate from the bankruptcy. At that time, the foreclosure case can go forward.

NOTE: Your question references a "motion to stay" this just means that someone has requested a stay. The court must also grant the stay.

Does anyone know how much notice I need to give to my tenant if the lease has expired and now month to month?




Answers: That depends upon several things. If the lease stipulates a notice period that will still normally apply. If the lease does not stipulate a notice period then state law or local ordinances will apply. That generally requires 30 days spanning one full rental period. For example, notice given today would become effective on March 1st assuming that rent is due on the first of the month.

Some states allow as little as 15 days and a few require as much as 60 or 90 days especially if the tenant has been at the same address for 2 or more years.
Check your state laws.

In Florida I think it's 10-15 days notice. But I think that would really be yanking the carpet out from under someone.

When I gave notice to one previous tenant, I gave her 40 days notice. And she was a real jerk, so she's lucky I cut her some slack.

If a potential landlord takes your your money for a credit check, what if they don't check your credit?




Answers: He may have checked it. A landlord checking your credit does not show up on your credit bureau like applying for an auto loan does. It does not count as negative towards your credit. Much like applying for auto insurance when they check your credit, it does not show up as a hit on your bureau.

Nowadays, anyone can check your credit, even your employer. Unless you are a company that is extending you credit like a car, home, or credit card, will not show up on your bureau as an INQUIRY

Hope this helps, and hope you did not pay him more than $20 to do it
Check your state's laws regarding application fees. I know in my state it's illegal to charge for an application without processing an application.

I believe the Fair Credit Reporting Act also requires the landlord to provide the name and address of the screening company or credit reporting agency. If it's not on the application, request it from the landlord. You can then contact the agency and ask if the landlord ran your application.

Also, if the landlord denied your application based on your credit report, they are required to give you a denial in writing and instructions on how to dispute the denial.
you are allowed to have a copy of the credit they checked, if they will not give you a copy I would go over their head or call the credit bureau, if they give you a hard time, it's your credit that you have given them permission t run and see, it's your right to get a copy

you can also get a copy free on the web and it will show up as the most current inquirer
It's illegal for a landlord to get a credit check on anybody.

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