LPA Newsletter - Recent Courtroom Victory - Tenant at Will

Dear Fellow Landlord

If you've been following the Q&A on "Ask the Attorney" with John Reno, you may have noticed a number of cases involving the eviction of family members. Please check out Mr. Reno's "Recent Courtroom Victory" below.

In this newsletter:

• Recent Courtroom Victory
  
• Ask the Attorney
• 30 Day Notice to Terminate Tenancy

Please e-mail us if you have any questions or would like to add or share any material / information. Have a great month and an even more successful year ahead.
John Nuzzolese
John@theLPA.com

The Landlord Protection Agency® presents John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.

Ask the Attorney

Dear Mr. Reno:
I had 2 sisters sign the lease for 18 months, now 5 months in the lease, they have fight, one sister (who has SSN) left the property (later I found out she never lived there at all), and second sister abandoned the property serving me a Notice to vacate on March 07 with her last date as March 31. Also she willing let go her deposit of $1500. Second sister (without SSN) still has the keys to the house, and wont return them unless I provide all clear letter addressed to both. She has threatened me with police, lawyer. I am being told that they left some stuff in the house which I should sell for getting rent money. The rent for March is still not paid. Finally I got a voice message from 1st sister’s attorney – I haven’t talked to him yet. What should be my stance here?

1) Press for charges and go by the lease – they owe me around $3700
2) Get keys back and get clear letter from them stating that they ended the lease and no longer can stay or claim the right to stay as per the notice they emailed me.
3) Hire attorney

thanks for your time and help. God Bless.

John, IL

A: I'd go with #2. Try to negotiate with these people. They obviously want out. You always sue if that doesn't work out. You may have to give them $500 to get the keys. Sounds nuts? If you're in court 2 mos. without possession, it'll cost you more than $500.

Published 2014-03-28

Dear Mr. Reno:
My 21 yr. old son, his fiancee’ and their 6 week old baby were living with us. Paid no rent, no bills. She is still in school, he doesn’t work. They both keep hours we don’t like, especially with the baby, they argue and my son has anger issues. She lived with us because her home situation was very bad with mother and her alcoholic boyfriend. Last Saturday, there was an altercation with my son and husband. This is my sons step-dad. The kids chose to leave (after police were called) and they took some of their stuff then. We changed the locks. They came back Sunday (after calling the cops for an escort) to take more stuff. I told them they’re not going to come back and forth whenever they want. They need to schedule a day and get what they want all moved out. I can’t take this pain and agony anymore. We’ve done everything for them, too much! Went to file an eviction (suggestion of the cop) and the courts asked why I’d pay $132 for an eviction when there’s no one to evict since they willingly left. They said the police should have that noted and that they started to remove their things on Sat. and Sun.

My concern is: How long do I give them?? I want to tell them when they contact me that they get one day and one day only to get what they want. Otherwise, they’re not making trips whenever they want and using our house as a storage unit. They’re back living with her mom in poor conditions. No room to take anything over there unless they get a storage unit anyway. What rights do I have? Can I have them sign something stating they’ve taken what they want? Do I really still have to file the eviction over only their belongings still being in the house?
Thank you!

Lisa H. – state of OH

A: The only way to finally end this legally and completely is the eviction process. I disagree with what the Court told you about "why evict them, they've left voluntarily" but that's because you probably told the clerk they've left- they haven't. Legally speaking, as far as eviction law goes, they are still there because their stuff is there. That means legally- they are in possession. So in actuality they left, but legally they're still there. And there's only one way and you already started. Shouldn't have let them talk you out of it.

The Termination of Tenancy Notice is used to give proper legal notice to your tenants that you wish to end the landlord / tenant relationship.

Because the termination notice is a downloadable form into your word processing program, you can put your own letterhead on top, fill in the notice period, (most leases require 30 or 60 days*) tenants names, address, social security #s, etc.

• The Termination of Tenancy Notice form also provides for a monetary daily penalty (or "daily rent") if the tenants fail to vacate by the deadline stated in the notice form.

• In the event you'd like to explain any reasons for giving the notice to terminate, the form has a central area to list any explanations or comments you wish to convey to the tenants.
  For month to month tenancies, you are not legally required to give the tenant a reason for terminating the tenancy if you have given the proper amount of notice. However, the state of New Hampshire and New Jersey and rent controlled areas require that the landlord have a valid reason for lease termination.

  You can check your state required notice period to terminate tenancy in our State Specific Lease Index

• Because the Termination of Tenancy Notice is a legal notice you may need in court in an eviction proceeding, it should be sent by certified mail and served personally to the tenants so you have proof of service.

Remember that the notice period officially begins at the start of the next rent period. For example, if the monthly rent is due on the 1st of the month, the Termination of Tenancy Notice should be served or delivered to the tenant before the 1st.

Also see LPA eviction forms, "Notice to Pay Rent or Quit" and "Urgent Late Notice - Eviction Status Warning" when the tenant is in default on the rent.

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