Question:

Do you have any recourse when working with a realtor?

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A freind recently rented an apt lived there for 5 days and the landlord told him she has cancer and is dying and needs him to move as soon as possible. She is working with the broker to get a new place. Is there any legality that should make the broker wave the fee? The landlord is trying have her leave prior to the first 30 days. She hasnt even fully unpacked!

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  1. Why would the realtor need to waive the fee?  THe landlord should.  You didn't say the realtor knew anything about the cancer.  

    You are on a month to month.  That means that they have to give you 30 days notice.

    I'm not sure why the agent is charging YOU.  This is usually paid by the landlord.


  2. There is no legal reason to waive the fee.

    It is a month to month rental. The landlord MUST give a 30 day notice. The landlord can not make her move sooner.

  3. I would jump on the agent, I am sure this not what the agent represented to your friend when they rented even if month to month

    Now in general the landlord even if she has cancer can not based upon her medical condition overt statute, your friend has a month to month lease, which state statute may state full rental month notice required, if so then the soonest your friend would legally have to leave is by the end of Aug at the soonest, since the landlord must give a full month notice to end contract

    so your Friend needs to go back to the agent and state the statute and inform them agent and landlord that your friend will hold them to the terms and that unless they make some type of deal your friend will move by Aug 31 as outlined by law

    If no lease then under your state statute it will tell how much notice the landlord must give to end a month to month look up your AG office web site

  4. Since it is the land lords decision, he should get all his money back that was put into getting this apartment, including all broker fees, deposits, rent paid, cost of moving in, cost of moving out, any and all cost put on him as a result of this decision from the land lord,including the the cost of a hotel until he finds a place to go.You said him then her which ever applies I'm ok with it. Because if it was him breaking the lease that land lord would stick it to him.  Good Luck

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