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Roberts Fowler & Visosky LLP

Roberts Fowler & Visosky LLP

Tamuning, Guam

Founded in 2000
50 people in their team
Chamorro
English
KEVIN J. FOWLER, born Kalamazoo, Michigan, February 24, 1960; admitted to bar, 1988, Oregon and Guam; 1990, U.S. District Court, District Court of Guam; 1992, U.S. Court of Appeals, Ninth Circuit; 1997, Supreme Court of Guam.Education: Western Michigan University (B.S., 1983); Northwestern School...
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About Landlord & Tenant Law in Tamuning, Guam

Landlord and Tenant law in Tamuning, Guam, encompasses a set of regulations and legal obligations that govern the rental of residential and commercial properties. These laws are designed to ensure that both landlords and tenants understand their rights and responsibilities, promoting a fair renting process. Given Guam's unique position as a U.S. territory, local laws reflect a blend of federal and local legislative requirements, adding an extra layer of complexity to rental agreements.

Why You May Need a Lawyer

There are several situations where individuals in Tamuning, Guam, might need legal assistance regarding landlord and tenant issues:

  • Lease Agreement Disputes: These can arise when the terms of the lease are unclear, incorrectly implemented, or breached.
  • Evictions: Whether facing eviction or seeking to evict a tenant, understanding the lawful process is crucial.
  • Security Deposits: Disagreements over the return or use of a security deposit can necessitate legal intervention.
  • Property Maintenance Issues: Unresolved repair or habitability issues might need legal attention to ensure compliance with local standards.
  • Rent Increases and Control: Legal guidance may be required to navigate conflicts over rent changes or misunderstandings about rent control laws.
  • Discrimination Claims: Allegations of discrimination either by or against a tenant can lead to legal proceedings.

Local Laws Overview

The key aspects of landlord and tenant laws in Tamuning, Guam, include:

  • Lease Agreements: These must be in writing for any rental term over one year and clearly spell out the responsibilities of both parties.
  • Notice Requirements: Proper notice is required for ending or renewing leases, and these periods are legally defined.
  • Security Deposit Limitations: Guam law dictates how much can be charged and the timeframe for returning the deposit after a tenant moves out.
  • Eviction Procedures: Legal evictions require following specific procedures, which include proper notice and possibly a court order.
  • Maintenance and Repairs: Landlords are obligated to provide habitable housing, which includes ensuring necessary repairs are made promptly.
  • Tenant Rights: Tenants have the right to a safe and habitable environment and are protected against retaliation for reporting issues.

Frequently Asked Questions

What are my rights as a tenant in Tamuning, Guam?

As a tenant, you are entitled to a safe and habitable living environment, timely repairs, privacy, and protection against illegal eviction and discrimination.

How much notice must I give before moving out?

The notice period depends on your lease agreement. Typically, a 30-day notice is required, but you should review your specific lease terms for precise requirements.

What is the maximum security deposit a landlord can charge?

In Tamuning, Guam, the maximum security deposit is typically equivalent to one month’s rent, but it’s important to refer to your specific lease agreement for details.

Can my landlord raise the rent without notice?

No, landlords must provide adequate notice before any rent increase, and this period should be specified in your lease or governed by local regulations.

What can I do if my landlord refuses to make necessary repairs?

Document the need for repairs in writing and inform your landlord. If the issue persists, seeking legal assistance or consulting with housing authorities may be necessary.

Is my landlord allowed to enter my rental property without permission?

Landlords are generally required to give notice before entering except in emergencies. Your lease should specify the required notice period for non-emergency situations.

What should I do if I receive an eviction notice?

Review the notice for accuracy, understand your rights, and consider seeking legal advice. It is crucial to act promptly to protect your rights.

Can I withhold rent if my apartment is in disrepair?

Withholding rent is a serious action and should be approached cautiously. It is advisable to seek legal advice to ensure you are not breaching your lease.

What steps should I take if I believe I am being discriminated against as a tenant?

Document any evidence of discrimination and seek assistance from legal professionals or relevant government agencies that address housing discrimination.

Who is responsible for pest control in a rental property in Tamuning?

The responsibility for pest control typically falls on the landlord unless otherwise specified in the lease. Tenants should report issues as soon as they arise.

Additional Resources

For further assistance, consider reaching out to these resources in Tamuning, Guam:

  • Guam Legal Services Corporation: Provides free legal aid to eligible members of the community.
  • Guam Housing and Urban Renewal Authority (GHURA): Offers a range of housing services and support including tenant assistance.
  • Office of the Attorney General of Guam: Can provide guidance on tenant rights and responsibilities.

Next Steps

If you need legal assistance in landlord and tenant matters in Tamuning, Guam, the following steps can help guide your process:

  1. Identify Your Issue: Clearly understand your problem and gather all relevant documents such as lease agreements, correspondence, and notices.
  2. Consult Professionals: Reach out to a licensed attorney specializing in landlord and tenant law to discuss your situation and explore your options.
  3. Leverage Resources: Use local resources like Guam Legal Services or consult the GHURA for guidance and support.
  4. Act Promptly: Addressing legal issues swiftly can prevent escalation and increase the likelihood of a favorable outcome.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.