Ask the Attorney

Mr. Reno has engaged in Landlord / Tenant practice in the District Courts of Nassau and Suffolk for the last 20 years. He prides himself on prompt legal action and direct client service.

Over ninety percent of our practice in the Landlord Tenant courts consists of evictions of tenants, primarily for non-payment of rent. We also assist landlords in preparation and/or review of leases and consultation on other matters affecting the Landlord - Tenant relationship.

We find that Landlords who contact us have often waited too long to commence an eviction, usually in an understandable effort to resolve problems amicably. Landlords need attorneys who will not compound the problem with unnecessary delays or expenses. For this reason, our main priority is immediate action. In most cases, we commence an eviction within 3 days of being hired and have our client's cases in Court within 7 to 10 days of being hired.

If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Please Note: Mr. Reno is an active practicing attorney with limited time and will do his best to respond to relevant questions. The high volume of e-mails may require the LPA to enter your question into the LPA's Landlord Q&A Forum.

Next 11 questions, published May 6, 2008

Dear Mr. Reno:
My  tenant paid first and last months rent plus deposit to move in.  After 14 months they gave me 30 day notice and did not pay the rent that last month as I had it up front.  Then they did not move out.  They have paid me regular timely rent payments from that month on but have not paid back the last months rent.  This was 6 months ago.  I have ask them to pay the money back even offering to let them pay $100.00 a month until they catch up all to no avail.  Technically they are behind in rent as I understand it and I can have them evicted.  The woman tenants just had a second child and the male was laid off his job and is now collecting unemployment.  I hate to evict them but they are not responding to my request to pay the back rent.  What can I do as a final effort to collect the last months back rent prior to filing for possession of my property.  I've been letting them slide but cannot continue to do so.
Sincerely,
Scott Shore

A:
Scott:  Your note to me contained eleven sentences.  Your question to me was in the tenth sentence.  Your answer to the question in the 10th sentence is the 7th sentence .

Dear Mr. Reno:
I forgot to give a receipt of the security deposit to the tenants and did not inform them of where the account was held. I did not know I had to give then the account information and I thought if they paid by money order or check they would have a receipt. They are trying to sue for double damages on this. Can they really do this? Can they really win? They were evicted and some how got an attorney to take this case on. They also owe me over 4500.00 in damages and rent and past bills.
Maria from New Hampshire

A:
This is a technical statutory issue that varies greatly from state to state.  Do you know the section of New Hampshire Law they say you violated?  If not, ask the tenants lawyer.  They'll tell you.  Get a copy and read it thoroughly.  If you don't find your answer- write back.

Dear Mr. Reno:
Tenant Died 12/1/06. His brother came to take possession of my tenants personal belongings. Mailed him the itemized statement of deductions against the security deposit as the brother was the executor of the estate. Now 1 ½ years later he is suing me for $5000.00 breach of contract and services rendered. How is this right? KD-  California.

A:
I don't know what his beef is but if you're questioning the length of time he waited, that wont save you.  I don't know about Cal., but in NY he'd have six years to sue.  He's probably within the Cal. time limit.

Dear Mr. Reno:
dealing with roommate situations:
I once had a group of 4 young adults sharing a home I rent out.  To avoid any misunderstandings and damages in the future, I had each of them sign the lease and to sign a separate acknowledgement that the rent was not divided by 4 but was due in full, with each of them bearing 100% responsibility for payment: any inability of any one of them to come up with their part of the rent was not MY problem : any shortfalls must be made up by the rest of them with payment due to me in full.  Likewise, any damage done by any one of them was the responsibility of all of them..
This way, they policed each other for damage control and money due because they knew they’d each be held personally responsible as well.  It left any squabbles about money between the four of them and left me out of it..
It worked well, or else I was just lucky..
Anne, Phoenix, AZ

A:
Anne:  If all landlords were as smart as you. I'd be out of business!  That separate acknowledgement is a truely great idea. I would like to know what you can do about a tenant that has been told numerous times about trash removal. It is in there lease that it is there responsibility. They have even been offered a place to bring it at no cost to them and still won't do it. Starting to loose patience.Thank You.
Lisa Duchesneau, CT

A:
Most leases have provisions on handling defaults other than non-payment, usually resulting in termination of the lease.  CAUTION: It's hard to evict for non-monetary defaults.  Good Luck.  

Dear Mr. Reno:
If you give your tenant a 30days notice to vacate , can he decide to leave the same day without paying you the 30 days left?
Sincerely,
Patrick, CA 

A:
No, because he is likewise required to give YOU thirty days notice.  

Dear Mr. Reno:
If you've been evicted once can that prevent you from getting an appartment again?
Gretchen Harbourt.

A:
It can if a prospective landlord knows about it. 

Dear Mr. Reno:
Tenant moved into my house June 2006.  At that time, oil tanks appeared to be ½ full.  He agreed that when he vacated he would leave tanks ½ full.  In October 2007, the oil company we both use (I have another house on same property that I live in.)  came to fill oil tanks in his house.  There are 3   275 gallon tanks in that house.  The fill only took 87 gallons of oil and the delivery man told me in the presence of a witness that the lines between the 3 tanks were clogged, two of the tanks were completely full prior to his putting any more oil in, and the third tank took only 87 gallons.  He advised me to get a furnace man to clean the lines between the tanks and then they would drain simultaneously.  I advised the tenant at that time that the tanks were full less 87 gallons so he would need to fill the tanks less 87 gallons when he left.  He stayed on after the lease expired in June of 2007 on a month to month basis.  I asked him in September 2007 if he was staying for the winter because if not, he had to vacate so I could get someone in there.  He committed to stay until February.  In February he said he was staying until May.  First of April, he gave me a check which said final rent, moving May 3.  He has also damaged my hardwood floor, scratching 13 boards to the subfloor and it will be approximately 900 to have that fixed.  He told me to use the security deposit to fix the floor.  He is flatly refusing to replace the oil, stating that the house has problems (e.g., lead paint (house if 80 years old and disclosure was given in the lease and booklet was given to him), he states there is asbestos in the house (never seen or disclosed to me. I don't know where it might be or why)   During his tenancy, he flushed toilet brushes down the toilet, clogging the outside sewer line.  It is an old line has a spot in it that catches paper once or twice a year (my sewer man has snaked it probably once a year every year since I have lived there)  Now the tenant says he will call the EPA about the drain line if I make him pay the oil bill. 
Question:  How likely is it that I can recover the $1200-$1500 worth of oil that he owes me.  He said he is going to sue me if I ask for it because the house is unlivable......he says this after he voluntarily stayed there for 11 months with no complaints until now.  I am going to let him move out this Saturday and have the oil sticked and measured immediately and get an estimate from the oil company for filling up.  I already have their statement that shows he only put 87 gallons in to fill up.  Would you advise me to pursue this or let it go?
Thanks.
Judy

A:
You're on solid ground and should win in small claims; the question is- do you want to invest the time and effort in pursuing this judgment- which is maybe not even collectable.  It's up to you. (Any place is "walking distance" if you've got the time!)

Dear Mr. Reno:
I own a duplex that I live in and rent the 2nd unit for $1000.00 a month. Heat, hot water and laundry facilities with their associated utility costs are included in the monthly rent. This is a large, sunny well kept apartment with hardwood floors, plaster walls and cedar closets in a quiet family neighborhood close to downtown and I believe it to be bargain at that price, but I am willing to take less rent to be choosey about my tenants. It is an "over/under"" duplex and both units are nearly equal in size - 2 bedrooms, living room, dining room and full eat-in kitchen. I have not raised the rent in several years but the exponential increase in the cost of heating oil this year (not to mention property taxes) is crippling my budget. I bought this duplex to subsidize my living expenses and now I find it is costing me more to live here than it costs my tenant. I am having trouble finding out exactly how much I am allowed to raise my rent in the state of New Hampshire and in (over) what time period? Is there a monthly/yearly percentage restriction in NH. I should note that I have a month to month lease with my tenant and he has been renting for approximately 18 months. He is chronically 5 days late with his rent payment (no surprise - my lease has a late fee after 5 days), but he does always pay and he and his 16 year old daughter have been nice, quiet and polite tenants. I would like to raise the rent to $1100.00. I know a $100 jump may seem like a lot, so I have considered doing it in 2 steps, 1050.00 for a few months and then 1100.00, but the heating cost has gone up far more than that $100 a month so I must do something. Any information or advice would be appreciated.
Sincerely,
Mary Leighton  Dover, New Hampshire

A:
$100 seems reasonable, since it's been the same for several years.   There is no rent stabalization in my area  (New York City has it, I'm in the suburbs.)   Here, a landlord can raise the rent any amount.  You sound like you believe you're under some restrictions.  What is the basis of that belief? 

Dear Mr. Reno:
Due to economic difficulties we have decided to close down one of  the locations of our business in South Florida. The lease term contract for this location expired since September 2007. At the time, we informed the landlord that we didn't want to renew our lease contract as we were unsure of our business future. He seemed to be very easy going about the situation and didn't require us to sign another lease or make any changes to our expired lease.  We continued paying our monthly rent as on the terms in the expired lease, running from 15th to 15th of each month. On April 1st we gave notification of our intention to vacate the premises by the end of the month (unfortunately, not in writting). He tried to difuse the situation and tried to convince us to stay and keep in business (good for him as we are only making money to pay his rent), he even offered to buy our business but never came through. Now that a month has passed since our notification, we contacted him to inform him that we were getting the property vacated and ready to be inspected so that we could initiate the process of getting our deposits back (about $20,000). Out of the blue he argued that we were not to leave on the 30th as our lease terms run from 15th to 15th (our expired lease terms). Can he hold half a month's rent from our deposit because our expired lease terms used to run from 15th to 15th?  Do we have a way to defend ourselves although we have no way of proving that we gave him a 30 day notification (he completely and convenientely denies having ever heard such a thing from us!)
We really appreciate your help, just when we thought we were cutting our losses we are caught off guard  by the dishonesty of this landlord,
Thanks is advance,
Jennifer

A:
If you continued to pay on the 15th then he's right.  If you changed things after lease expiration and went to paying on the 1st, then you're right.  Which is it?

Dear Mr. Reno:
My daughter 18 her Moms friend invited my daughter to move in with no rent or lease in January 2008. 
Daughter's bf moved in with her after army in Feb 2008. 
Now I believe things didn't work out between My ex-wife and the owner of house.
The owner also has tenants down stairs of his house with lease and payments. Two weeks ago the downstairs tenants told my daughter and her bf they have 15 days to be out. The owner is letting tenants take over house payments. The owner wrote a note about it which the tenants showed my daughter, the note doesn't exist anymore. Doesn't the owner need to give my daughter a 30 day notice in writing?
Thank You Very Much
Tim from Minnesota

A:
In just about every state, it's 30 days.  I don't know specifically  about Minn., but I assume it would be at least 30 days.
LPA note: NOTICE PERIOD TO TERMINATE TENANCY: 1 rental period written notice.

Next 20 questions, published April 28, 2008

Dear Mr. Reno:
I have a duplex with a tenant on one side.  Their lease is up for renewal at the end of April.  They want to stay.  We are in the process of renovating the other side. It will probably take a couple of months. Our plan is to sell both sides as condos but with the market the way it is, I don't know how long it may take.  Can I renew the tenants least but also put the apt up for sale as a condo at the same time?  We have not told the tenants about our plans yet.  Ginny, Massachusetts.

A: Yes, but you have to stress in the new lease your rights of access to show the unit with specifics regarding notice and times of availability; They wont be happy campers.

Dear Mr. Reno:
I am a renter. I have signed a lease with my landlord for one year. My ex-roommate has also signed the lease. Him and I had a verbal agreement that he would be able to leave as long as certain repairs were done. Upon leaving, he damaged my property i.e. Microwave, trashcan. Police report was filed. I went and tried to speak with former roommate regarding lease, and repairs. Former roommate attacked me and another police report filed. Now my question is, I will still be living at the residence and paying the full rent. I would like to sue due to breaking the contract for the remaining 5 months. I want to know if I can do this, or will it be successful? Thanks, Ben, Nv.

A: Yes you can.  It should work.  But if you want to sue for 5 mos., you'll have to pay the rent for 5 mos. first.  In the meantime, start looking for a new roommate.

Dear Mr. Reno:
I have a judgement against my former tenant for unpayed rent due to breach of lease agreement.  He is now suing me for non-refund of deposit.  He left the property owing rent, and he knew he did(as stated in court).    I contacted him in an effort to stop this, telling him I would offset the judgment (judgement being 1607.00 and his deposit being 300.00).  He refused and vowed to sue me.  So, here we are now.  I still do not believe that I owe him this.   Do I have to refund his security deposit if he still owes me money?  Jeanette, Texas

A: This problem commonly arises.  Some say security is for damage to property- not rent.  The solution, countersue for rent owed. He may have a valid claim; so do you.  When the judge calls your case say you have a counterclaim, the Judgments will offset.

Dear Mr. Reno:
I live in New Jersey and have a two year lease. I can no longer afford to live there and gave my landlord more than 30 days, in writing, that I would be moving out do to financial difficulties. The lease states that if I break it for no reason, the landlord can keep the security. The landlord told me that she would give me the security back as a favor, now since the deadline is approaching for me to move, she is stating that since she is having a hard time finding someone to rent the place, she can not give my security back, however, this clause is nowhere to be found in the lease, can she keep my security? When I asked her why, she stated that in reality, since I have only lived their for 6 months that she can take me to court for the remainder of the rent owed up to 2 years, can she do that, she accepted my notice. Ebony Wilcox

A: Yes, I have seen many cases where landlords who verbally agree to return security are bound by that promise in Court. 
The problem:  she may deny it. 
Do you have witnesses?  It's your word against hers. 
More bad news:  You can be liable for the balance of the lease- but only for so long as the unit remains vacant.         

Dear Mr. Reno:
Mr. Reno my daughter and her husband just bought a house- Closed on April 4th however it is still occupied by the former owners.  There is nothing in the closing papers giving them any certain amount of time to vacate the house.  They are working with them since they are family but they are making no strides whatsoever to get out of the house so they can move in.  Now the 1st mortgage payment is coming due, and my daughther and her husband will pay a payment for something they have not lived in.  What are the laws on this in Alabama?
Thanks in advance. Belinda- Alabama

A: You have to give them a Notice to Vacate, and then evict them in landlord/tenant court (even though they're not really tenants.)  In Ny, you could treat them as "squatters" and give them a 10 day Notice.  I don't know what they Alabama statute is.  (I've heard of 3-day Notices and 30 day Notices.)  Also, read the purchase contract- there may be provisions in there about this.

Dear Mr. Reno:
I have a tenant who stopped payment on security deposit check to pay for a new heater BEFORE i was allowed to repair it for them. Therefore I have NO security deposit. Am I able to break this lease now? Joel King, Texas.

A: That's quite a start! As to your question:  Probably NOT. Read your lease.  Does it say you can evict if security doesn't clear?  Moral:  Don't give possession without cash or certified check.

Dear Mr. Reno:
I heard some rumors that in Arizona if you have to move for a new job out of state that you have to be let out of your lease without having to pay for the remaining months but you may lose your security deposit.  Is any of this true?  Also, if this is not true, I have requested several times to have our broken microwave and freezer ice machine fixed and a lock of some sort put on our storage closet outside- all of which I believe relates to the functionality of the apartment as described in our lease.  None of  this has been done for 7 months now, isn’t this a valid legally binding reason for us to get out of our lease because the owners have violated terms of the lease?  Our lease does say we accepted the apartment in as is condition but that maintenance needed for functionality of the apartment would be provided by them.  What do you  think? Erin, Arizona- 

A: First, I've never heard of that law;  I'd have to see it to believe it.  As for your appliances, you have a legit gripe, but not enough to break the lease. 

Dear Mr. Reno:
I am involved in a lawsiut with a former tenent. I had a verbal agreement with my tenent that bedroom carpeting could be removed IF she replaced it with carpet of similar color and quality as what was removed. Before my tenant had moved in, I had the carpeting professionally cleaned, as per a verbal agreement with the tenant to be. The carpeting was not replaced, I used the security deposit to replace it. I have receipts to prove that I followed even the verbal agreements made before the lease went into effect, I am hoping that will help my court case.

As a landlord am I allowed to take pictures while doing a periodic inspection to record property condition? I did not itemize all the reasons for keeping the security deposit, and get this to her within the time frame allowed (whatever that is), I did not have all of the information-final costs. However my tenant never replied to my lease renewal notice either. Nor any other notices that I had sent. It seems that I am the one that has to abide by landlord/tenant rules, but not the tenant. Jillian, NJ

A: You can take pictures (although your tenants will be annoyed by this.)  The bottom line is you have the receipts- you should win your law suit.  Cheer up!

Dear Mr. Reno:
I just sent a letter to a tenant to pay or quit. He does not answer my calls or respond in any way. How will I get him out so I can rent to someone else?
This is my first eviction after 12 years in the business. Marne Sumner KY

A: Go to Eviction Court. Go directly to eviction Court.  Do not pass Go.  Do Not collect $200.00. 

Dear Mr. Reno:
I had a tenant who moved on the 8th of March.   Two-thirds of his rent was paid by a program, HASA.  He owed me his share for Dec, Jan, and Feb. Because he left on the 8th of the month I also sued him in small claims court for that but he never showed up in court. A judgment was entered in my favor but I know it will be hard to collect.  HASA sent their 2/3's to cover March rent and I kept them.  Were I entitled to these monies since he  did not surrender the keys and apartment until after the 1st of the month?

A: Yes, you are entitled to it.  Good work!

Dear Mr. Reno:
My question is why does after the tenant has been taken to court for not paying rent, then the court gives the landlord the judgement, then you have to wait till the rit of eviction is given to the sheriff, then does it take another 10 days to get them out?  This is  in the state of Kansas and it litterly takes almost 30 days to get a tenant out!  Do I have the wrong attorney or  is this correct?  Does the sheriff have to take 10 days or is this just the lazy way out?
Thanks
Kathy

A: In some places it's even worse!  In New York City, how's 60-90 days sound?   My area is about 30 days, same as yours.  It's a multistep process.  Also, it varies from year to year based upon administrative back-log.  Be patient.

Dear Mr. Reno:
Is there any way to collect money from tenants after they have vacated the apartments. I have some tenants that I have a judgement agaunst and some I don't.I have called the 3 major credit bureaus and they all say that I can not put any ones name in their collection bureau because I did not physically give the tenant anything, I only gave them a service. A business can put any one into the colelction bureau without  even getting a judgment because a physical thing was purchased and then there was a problem with the payment for that item. Why is an apartment not a thing ,which is paid for with money, something that can not be put into collections. this landlord group says that a member can have these people put into collections thru them but they do not explain how they do it. I have tried contacting this landlord group and no one willl respond with an answer to this question. the courts will not make any tenant pay up, unless it is a bad check. how can I collect what is owed to me???
Is there any way I can garnish some one's 1040 tax returns or social security payments, if they are receiving them, if so How? to get money owed by them to me ? I know the courts allow wives to get money from husbands who owe them for child support.

part 2 . I have been reading some of your comments on these questions. the problem we landlord have where I live is that the judge does not allow any damages in his court. He is strictly for the tenants and has stated to me in court that " he hates landlords" how do you deal with a judge like this. He will give an eviction only if the rents are not paid on time but says he will not evict for any other reason. Several times I received an eviction from this judge but then was told he will not allow money damages and that I would have to go to small claims court to get my money, and then we come to the question again about how to collect these moneys, even with a judgment. is there any way to collect on money owed by tenants? I have tried collection companies, but all they do is write them a letter, which I have done many times, and then they give up and tell me they can not help me. Is there any way to collect money from people who owe you?
Milton James , New York State,    

A: Yes wives can get money from husband's (and so can the IRS) in ways Landlords can't.  They have Special Collection rights.
You can't depend on collecting from tenants after the fact.   If You're one of the lucky ones who do, consider it a bonus.  The best you can do to protect yourself is have a good lease, sufficient security, and evict fast when non-payment happens.   

Dear Mr. Reno:
I changed to monthly tenancy after problems with tenants.
The current one has paid rent on time, luckily, but she has other issues.
She REFUSES access to the apt., not allowing inspections, and when Lowe's delivered a new frig, she refused to allow them in to set it up, so I asked her to move.
I did get a letter from her that she'll be out on the 30th, but she refuses to allow anyone to view the apt., and I was told she could take me to court if I try. She refused to pay April rent, so I took it out of the $1400 deposit, but I haven't been in there to see what's going on, as she refuses my entry.
She refuses to move her car so I can fix the driveway. I showed the police the threatening emails she's been sending, and she says she can do whatever she wants, it's HER apartment.
I was told not to have anything in writing she could use against me. How can I avoid this in the future, also, do you recommend I get an electronic palm lock so I don't have to keep replacing locks when tenants move out?
Why do tenants have more rights than the landlord?
Thanks for any input!
Debra, New York

A:
If she didn't pay the April rent, why aren't you evicting her for not paying the April rent?  You obviously can't stand this woman.  That will solve all your problems.

Dear Mr. Reno:
I have a question regarding the military clause in the lease.  This is the second time this has happened to me.  The tenant decided they couldn't afford the rent after signing a year's lease.  They found on base housing.They are not being reassigned.  I am charging them a reletting fee, plus they are losing their deposit.  Can I do that? Judy Burrows, El Paso, TX

A:
Yes and no.  You have a legitimate claim for these fees, but there's a problem with suing soldiers. They have certain immunities to service of process.  Maybe you should just keep the security and call it a day.

Dear Mr. Reno:
if i offer a tenant money to leave instead of evicting him, should i not have him sign something upon accepting the keys and giving him the money to release me from in further liability re; in exchange for this amount of money you agree you are relinquishing this unit and hold me free from liability?
thanks yolanda moncevais, california

A:
The something you are talking about is called a "General Release".  You can get it from a legal stationary store.  When signed, the person releases you from any further liability.

Dear Mr. Reno:
My mother owns an apartment house in Maine in which she lives in the summer months. She lives in Florida in the winter months. She wants to start eviction of her tenant in Maine while she is still in Florida. She has signed the Notice to Quit and mailed it to me.  My question is can I have a sheriff serve it for her or do I need to have some kind of  legal document in order to do this for her.  She is facing surgery and will not be back her for at least a month and would like to get this started before she returns. Gloria Burnham, Maine     

A:
Why don't you  serve it?  It's just a Notice.

Dear Mr. Reno:
I have a condo I've been renting for 9 years and now I'm selling it. The tenant has been trying to get out of the lease for months. I put the unit up for sale earlier than I planned to help the tenant get out early. I have a closing date of 4/30 and the tenant who's been threatening to leave for months is now giving me a hard time about vacating on time. The sale will be in jeopardy if he's not out. He has not even been living there for months now, so it's just a lot of his belongings there. Is an eviction needed when he isn't living there? I told him that if he doesn't clear out that I would consider everything as abandon property. Since he doesn't live there, can I do that?
He is up to date on rent, but owes me hundreds for water and sewer. I know that if he is there past this month I'll never see a dime again in rent. It's been a fight every month so far. He has caused extensive damages that will take nearly the entire security deposit to cover. From: Mark Luisi, NJ

A:
I get this question at least once a month.  Is he or isn't he?  ("out", I mean).  What has he left?   You say "a lot" of his belongings.  Sounds like he's not "out".  You should start the eviction process.  You may not have to finish it, but you should start it.

Dear Mr. Reno:
Leases:
I am trying to understand more about annual vs. month-to-month leases. Long term leases (are intended to) ensure full occupancy, but are more restrictive. Month-to-month makes eviction much easier, but is less attractive to tenants. In the default lease for NC, the tenant is in default if they do not pay the amount of rent “herein reserved” when “due hereunder”, allowing the Landlord to terminate the lease for non-payment.  What does termination actually do? Can I terminate without eviction, defaulting to a month-to-month so I can change terms, increase rent or evict without cause? 

Mitigating liability:
How can I minimize the losses from deadbeats during the eviction process?  Can I establish business relationships independent of the L/T laws that govern Landlord/Tenant relationship, like making a “loan” as a private party to tenant that can require collateral or allow seizures, liens or garnishments; enforceable collection recourses not allowed for collecting rent? About evictions: can I raise the rent with notice just before the eviction notice; can I retake physical possession of the premises after eviction is complete even if tenant refuses to vacate; do 30 Day notices refer to a calendar month (30 or 31) or exactly 30 days?
A lesson from the school of hard knocks:
I was recently blind-sided by tenant fraud.  This person had clear intent to defraud me for 4-5 months of free rent. I did a lot of online research in L/T laws for legal positions on the subject. I was dumbfounded! I found no terms or clauses addressing entering a lease with deliberate intent to default or breach. Amazingly, intentional fraud doesn’t void a lease and doesn’t release the deceived party from the contract. Adding insult to injury, the perpetrator is completely immune from criminal or civil prosecution while the Landlord is forced through all stages of eviction, each stage ironically established to protect tenant rights.  

Fortunately, rental agreements are not subject to L/T laws with only one legal remedy: the biased eviction process. Intentional misrepresentation of qualifications to influence adverse approval is contract fraud, and is prosecuted under contract law; the consequences are more commiserate with the damages inflicted, including punitive damages and possible imprisonment. - Lauren Bragg, North Carolina

A:
Comments:* Most leases say you can terminate by giving notice of a default if it's not corrected in a specific number of days.  There's no requirement that you evict the person, although that's usually the whole purpose of terminating the lease.
* You already require collateral.  It's called "security".  And you can garnish and seize, (if there's anything to garnish and seize.)
*A 30 day notice means a full "rental" month- not calender month.  (usually they're the same but not always.)

Dear Mr. Reno:
James is a tenant of a house owned by a private landlord called Sooters pls. He has some mental health problem. He has lived in the dwelling for 2 years. For the past 3 weks James has complained about disrepair. His complaints consist of a faulty central heating system, condensation in the bathroom and kitchen and cracked and broken windows. The landlord has promised to carry out repair works but they have still to start the works. As a protest, James has withheld rent for the past 2 weeks. Yesterday he returned home to discover that the locks had been changed. The landlord left a note informing James that his tenancy has been terminated and that his personal possessions can be collected form its head office. James has applied to the local council for advice and assistance.

*How can be readmitted to the house?
*Has his tenancy been lawfully terminated?
*Does he have security of tenure and (if so) what does it mean?
*What remedies does he have in relation to the disrepairs?
*What duties, if any, are owed under the the homeless legislation?
Cheers, 
Helen Adoga -United Kingdom. England

A:
Not being a lawyer in England, all I can say is that would never be allowed in this country . (By the way, he already has a lawyer in Eng.) One suggestion:  Go to the police.  Here, they would escort him back in  to the house.   It couldn't hurt to ask.  There? Who Knows?

Dear Mr. Reno:
My name is Julia, live in Wyoming my question is my husband and I purchased a home in another town and put up our other two houses as collateral. I had severe health problems and we decided to move back to our old house. We found what we thought were decent people to take over our payments. Our downfall was we worked up a land contract for them and went this weekend to get more of our belongings out of the property only to find that they have torn down tool sheds, pump house cover, trashed the modular and have hauled off most of our belongings and sold them. We were told by the Sheriff that they couldn’t bring criminal charges because of the land contract and I would have to get a lawyer to get them evicted. My problem is what kind of letter does the lawyer make up that I can’t? Also we read in our Mortgage contract that we cannot enter into anything like this without their knowledge so now I am afraid of letting our bank know whats going on because I am afraid they will take everything we own. I just want these people out of our property so we can try and salvage whats left of our property so the bank doesn’t call in the loan. Any suggestions? Julia, WY    

A:
You have a land contract.  That should say what your remedies (rights upon default) are.
     As far as your bank goes, it's too late to worry about that now.  Your #1 priorty is to evict these people.

Next 22 questions, published April 16, 2008  

Dear Mr. Reno:
Question:  I leased optioned my home with 8K down.  a sprinkler broke while the house was vacant and and now some mold is growing in the crawlspace on one side of the house under the insulation.  I agreed to have the mold fixed.  The buyer who is a contractor agreed to repair the mold himself since it was not that bad,  my realtor did not get that in writing from him (stupid I know).  Now several months later they have stopped paying rent and the buyer says he is too busy now to fix the problem and wants it fixed.  I agreed to fix it,  now they want out completely with all their option money back.    Since they are behind 3K in rent now would they be entitled to the whole 8K back that they put up for down payment?  Kim, Idaho

A:
You can deduct it, because if they sue you for it you'll counterclaim on the rent.  They might get an adjustment on the rent due fir the mold, depending on what they can prove.

Dear Mr. Reno:
I have a brownstone from 1872 that is multiple dwelling and it has seven tenants.  It has wooden stairs in the hallway  with carpeting in the hallway.  The FDNY says that I haveto remove it. Can a company put fire retardant on it? The carpeting looks nicer and helps eliminate noise. Thank you,
Wallace Jordan

A:
Don't know.  If the FDNY wants you to remove it, and you want to treat it instead, you'll have to ask them.

Dear Mr. Reno:
I have a home that I was renting out and plan on moving back in on May 31st. I told the tenants of my intent to not renew their lease after the ending date (May 31st) on Labor Day (several months earlier).

I would like to know if I am legally able to decide by what time I would like the tenants move out if this time is given to them in writing 30 days in advance. I did not write this "time" on the lease extension that we signed in June of last year; however, it "may" have stated in the previous lease from the first year of rental.

Specifically, I told them that the lease ends at noon (12pm) on Saturday, May 31st 2008 and that they must vacate by that time and date.
Thanks for your help. Kimberly Lester, TN

A:
You're kidding, right?

Dear Mr. Reno:
I am in the final stages of purchasing a home with a short sale, there is still a tenant living there.  Contract says the bank must evict the tenant.  The first attorney filed eviction notice but never followed thru,  now new attorney is reviewing the file to see how fast could eviction take place.  Is the eviction notice still valid, or will they have to start from scratch.
Vicky, florida

A:
The notice is still good.   

Dear Mr. Reno:
I have several tenants that have been with me for many years, but I also have a couple that always pays late and has been struggling  financially for quite some time and I have let rent increases slide now for some time. We all know the economic problems we are now all experiencing but with maintenance costs soaring; I wonder," is this really a good time to be raising rents on these people"?  
Donnie E. Stanfill

A:
Well that's the age old question, that only you can answer.  Whether to increase the rent or not and how much.  It depends on the particular facts of each situation.  You sound like you have a good grasp on the situation.  I'm sure you'll make the right call.

Dear Mr. Reno:
I have tenants on a property that share a meter. 2 separate dwellings. The bills were unusually high because of a water leak, which has since been fixed. Their Gas bill was very high because they ran the heat all day and night.

I told the house tenants that they could skip rent this month in order to catch up on the bills which are in their name. They deliberately turned off the power and water so now the tenant upstairs is without all weekend. A vindictive act if you ask me.
My question is, what recourse do I have now? Can I evict? It was a verbal arrangement between us, so there is nothing in writing. Can I evict now for non-payment of rent?
Thank you,
Kam Leggett, SC

A:
You're bound by your promise, even though its verbal.  Unless you'll deny you said it, and then it is a question "of fact" for the judge to rule on.  How good of a liar are you?

Dear Mr. Reno:
Can you please let me know of the step by step how to process an a eviction? client is not paying their second month rent, moved to one of my houses in march and already not paying the rent, I posted a notice of charges due on their door but they are still not paying the rent. Eitan from San Antonio, TX

A:
The specific process varies from place to place.  I don't know the exact process in your area.  For starters, you have to figure out what Court.  Then talk to the clerk.  They'll point you in the right direction.

Dear Mr. Reno:
my question is, even if i am being evicted since my son is still in school do i have grounds to stay so he can finish the year that ends on june 4,2008 or so? - nancy loggins

A:
You might get that long if your current, but not if your rent is unpaid.

Dear Mr. Reno:
I am in the final stages of purchasing a home with a short sale, there is still a tenant living there.  Contract says the bank must evict the tenant.  The first attorney filed eviction notice but never followed thru,  now new attorney is reviewing the file to see how fast could eviction take place.  Is the eviction notice still valid, or will they have to start from scratch. - Vicky, Florida

A:
It is still valid.

Dear Mr. Reno:
I have a problematic tenant who holds a two year lease.  the tenant needed repairs which were done in a timely manner, however the tenant requested half months rent credit.  This was not agreeable to me. The tenant took me to small claims court and the judge awared her two partial days.  I do not trust this person and feel very uncomfortable with her.  Is there a way of terminating the lease early?  The property is rent control in Los Angeles California.

A:
No, that's the whole point of a lease.  It's a contract.  She only won two days! Get over it.

Dear Mr. Reno:
Living in Suffolk County, New York what is the procedure for room rentals for non payment.  Do you have to service papers prior to the first of the month 30 days prior.   Thanks,.   Diane

A:
The Notice to Vacate is still 30 days, but if the rent is paid weekly or daily you don't need to serve before the 1st as long as you give 30 days notice.

Dear Mr. Reno:
I have a tenant that is always late with his rent and we would like to sell the house to get out from under the headaches.  What is our legal recourse to get them out so we sell the home?- Deborah Kelly, NY  

A:
If they're current with rent, you can't evict for non-payment, so you'll have to give a 30 day notice.  But if they have a lease, all bets are off, until it expires.   

Dear Mr. Reno:
I am renting a house and found out that there is a federal lien on the house. How does that affect my lease? - Chuck Davis, Jamaica New York

A:
That's not your problem- its the landlord's.  Unless its such a huge lien that the gov. will seize the house, which is rare.

Dear Mr. Reno:
I am a real estate investor in Sebastian Florida.  Is it legal to publish the name of a tenant who doesn't pay rent?  I know that saying a tenant doesn't pay rent is a broad statement and could mean  a lot of things.  Is there any situation that the name and possibly other information about a tenant who does not pay could be published?
Thank you for your help,
Jeff Stepanek

A:
It is legal, but that doesn't mean you wont be sued for slander.  Fear not: "The truth, is an absolute defense" to such a suit.

Dear Mr. Reno:
I inherited tenants that passed their l year lease,they paid one mo. SD and last mo. rent.which I received at closing.

The old LL didn't give them their interest for the year and I don't know if I have to give it to them. I'm also not sure if the last mo. rent is considered a SD by the law, if it is ,I  read that I need to give that back to them.Please help. - Anny Wilhelm in Pa.

A:
If they're current on the rent- and if they left when they were suppose to leave, with no damage, then I guess you have no cause to keep their security deposit or last month.  I wouldn't worry about interest.
See LPA Landlord Tenant Law for PA Security Deposit Law at http://www.thelpa.com/lpa/lllaw.html

Dear Mr. Reno:
I placed a security deposit in a trust fund about 2 years ago that I received from the tenant’s parents. The receipts and the trust account are in the parent’s name.  The parents agreed to a month to month verbal agreement – so they never signed any papers.   The tenant lived in another state and the parents were taking care of all the arrangements and paying the cost to have their son come back home.  The tenant took over rent payments when he arrived.   The tenant states he should receive remaining security deposit after deductions for repairs.  Shouldn’t the person who paid, has their name on the trust account and received a written receipt be given the money?   I think it should be the parents decision and plus I would feel better knowing I did the right thing.

A:
It's probably the tenant's money, because it was given on his behalf, but I wouldn't get involved in this family squabble.  Make the check payable to all three and send it to the parents.  Let them figure it out.            

Dear Mr. Reno:
I found a 2 bedroom home for rent on craigslist. The current tenant living there is in a one year lease and wanted out. I had a roommate lined up and put the deposit of $850 down without signing. My roommate backed out on me and I am unable to find another. I cannot afford to live there by myself so I backed out as well. Am I by law able to get my deposit back? Am I, by verbal agreement liable to the rest of his lease? As a nice gesture I wrote the current tenant I told him if any of my deposit were to be exhausted during the process of finding a new tenant “it is what it is”. Do I have to stand by this statement? Thank you,
Jacob Stookey

A:
I wouldn't worry about being sued for the lease, with nothing in writing, but your downpayment is probably lost, because you backed out.  That's the whole point of the deposit.  If you want, go to small claims court.  I've been wrong before.

Dear Mr. Reno:
My friend's house was bought by someone through one of those mortgage scams (without her knowledge). The Bronx Court denied the stay and the family was locked out by the marshalls this evening in front of her 8 year old son (who is devastated). What rights do they have if any and what's the first course of action they should take on Monday morning. We live in New York. - Nicole (NY)

A:
I can't tell from your question if they have a lawyer.  If not, the first order of business is hiring a good Bronx real estate lawyer.  If they already have one, they'll get their house back.  The question is, how soon?  Sometimes the wheels of justice grind a little to slowly, unfortunately.  Let the process run its course.    

Dear Mr. Reno:
We went into mediation, and agreed to accept 50% of what the previous renter owed us.  She was give three months to pay this.  She hasn't.  I was told to put a Judgement against her, but wa also told that I can not touch her disability check, trust fund money nor wages.  She has no car, so is there some way I can collect what she owes me.  The previous owner rented to her.

I have a renter I rented the same apartment , and she left a month early, and gave me no notice. 
Is it true that someone can break a year's lease with a 30 day written notice?  The day the washing machine broke down, I bought a new one.  I try to be very good to my renters, but this does not mean anything to the previous two renters. I have a specific, and definite rental agreement.  Is it worth the cost of trying to go after people who have no moral compass?
Sincerely,
Terrie McDaniel

A:
A 30 day notice does not justify breaking a lease.  Rerent the premises.  You can sue for all the vacant months.  But are you throwing good money after bad?  Is it worth it?  I think paragraph "1" of your question contains the answer to the question raised in paragraph "2".

Dear Mr. Reno:
I live in Arizona, and wanted to take a tenant to cout for leaving without paying the last month's rent.  I have been told by the clerk, that I had to go throught Mediation before I could go to court.  Why should I have to meet someone half way, when it is my 1/2 of the money they are taking? - Kathering Suter

A:
Just because they make you go through mediation, doesn't mean you have to settle.  It's up to you.  Some people want to avoid the hassle and expense of a trial.  Other stick to their guns.  The choice is yours.

Dear Mr. Reno:
 I have a tenant who has been habitually late with their rent for the past 6 months.  I decided after all the lies and non payment of March's rent it was time to evict.  This tenant is month to month since the lease expired.  I contacted my attorney and an eviction court date was set.  In the mean time this tenant hired an attorney and drafted an agreement that if they paid March and April's rent by April 5th we would stop eviction proceedings.  Also in this agreement the 670.00 security deposit was to be returned if the apartment unit was left "broom clean".   The tenants attorney delivered a personal check for March 's rent to my attorney's office which was sent to me by April 5th as agreed but no April rent.  Because this was a personal check of the tenants and I stopped accepting personal checks due to non sufficient funds in the past, I called the tenants bank to verify if there were funds to cover the past due rent and late fees of 768.00.  I was informed that there were not enough funds.

After several phone calls every other day to the tenants bank to see if funds were deposited up to the day before the eviction hearing, I was told there were not enough funds to cover the check.  In the meantime, I received a money order for Aprils rent (which was supposed to be received by April 5th along with March's rent per the signed agreement drafted by the tenant's attorney)  My question is my attorney called me at the end of the day before the eviction hearing to say he received a money order to cover the NSF check for March rent and not to bother coming to court for the eviction.  I said this was fine, but tenant broke the terms of the agreement by not paying both months rent by April 5th with good funds so therefore this is an automatic loss of the security deposit.  My attorney told me I was being "petty and nit picky" and he had to deal with these people!  I told him I disagreed with him and who exactly is he working for the tenant or me his client!  His answer was the court would decide on the side of the tenant.  Am I in error to expect to keep the security deposit?
Landlord Kathleen, Cincinnati Ohio.

A:
If you feel that strongly about it, keep it.  You may end up in small claims, and this will be a "toss up" case because a judge will decide if this technical violtion of the agreement is a "material" breach .  It's 50/50.

Next 12 questions, published April 7, 2008

Dear Mr. Reno:
I have a no-pet policy and even state that on my application.  I had a tenant meet the criteria for tenancy (ability to pay, no prior evictions, etc) and told her she was approved.  It wasn’t until she came to sign the lease that she presented me with a doctors prescription for a “therapy” dog to treat her depression.  I had to rent her the apartment with the dog based on the Fair Housing Act.  I signed a lease with her and included a Pet Agreement rider to the lease stating the regulations she was to follow with the dog, cleaning up after it, excessive barking, etc.  She has been in the apartment for two days and I have already gotten a complaint on the dog’s non-stop barking when she has left him in the apartment unattended.  I am about to lose a 5 year tenant because of it.  How many complaints do I need before I can terminate the Pet Agreement portion of her lease.  Kathy McAuliffe, Minnesota  

A: You are stuck (in the dog house).  You will be hard pressed to evict this person after having allowed the dog.  You can try.  Serve a Notice of Default for the noise.  In eviction court, the tenant will dispute it.  How do you prove it's too noisy?  Will you tell the judge you didn't expect the dog to bark?  You can bring in other tenants as your witnesses.  And on top of everything else, she has a medical excuse.  I'm not saying the eviction is impossible, all I'm saying is, "good luck with that."

Dear Mr. Reno:
I share an apartment with two other roommates. One is a Major in the Air Force who left without paying the last three months rent ($1,050) according to his signed Roommate Agreement. I've been told since he works part-time, the Air Force cannot help me and since he works part-time, I must deal with legal action against him where he lives (Brewster, Ma.) It seems he cannot be held accountable while on active duty. Do you or any attorney you know work out of both states? He has put me at great risk with my landlord since I'm responsible and I'm concerned about this not only because it's my apartment, but I have a non-profit office in the same building. Please advise ASAP. Many thanks! Donna Alfano from NYS.

A: You don't need an attorney that works in 2 states.  Only the state you're suing in.  So if you have to sue him in MA, then call the MA State bar for an attorney referral.

Dear Mr. Reno:
I have a home that I went Month to Month with no lease agreement.  I have rented to several tenants with no prior problems.  It is an older home and I have remodeled several features of the home which include – new tub/shower, cabinets in bathroom and kitchen, hard tile in the kitchen, new carpet, new windows downstairs, etc.  This has transpired over a course of about 6-7 years.  This is the first tenant which I agreed could have a pet and was assured that the pet had been house trained.  I noticed that there was feces and urine in the kitchen and have noticed some spots on the carpet.  The house itself is a total mess and smells.  What are my rights to get rid of the dog?  There is also other damages which can be taken care of with the security deposit  but I am afraid the carpet will need to be replaced.  Since there is no lease agreement can the tenants be evicted for neglect and damages to the home?    Fidler, North Carolina

A: It's hard, if not impossible, to evict for a pet unless the lease specifies it, and even then there's problems, but the good news for you is it's a month to month.  There's your answer.  You don't need a reason to terminate, just terminate.

Dear Mr. Reno:
I know you wanted the question to be short, im sorry its soooo long.
Question: I signed a 3 month lease for this duplex (we live on the 1st floor and other people live on the 2nd) On feb. 23rd. About a week after moving in the landlord found out I have a 3 lb maltese dog (which i know i should not have, because there is a no pet policy). He found out about it because he came into out apartment without giving us any notice (we should have 24 hrs notice according to the lease) he was not even trying to admit that he entered the apt with out knowledge. So at this point he told me to get rid of the dog. Which I did.  From day one we always had problems with the people upstairs because they were loud and stayed up all night. My roommate and I are in medical school, so we study alot. We complained to the landlord numerous times and he did nothing to help us. We were stressing out because we have national boards to be taking and we couldnt even sleep in our apartment. So I go mad an brought the dog back. He called yesterday and said he saw me walking the dog a week ago. Since we are still having problems with the noise, we asked if we could meet to talk about things. He came over that evening. Once I opened the door he just started yelling, he said give me the rent check. I asked if we could talk  about the situations and he said NO. So i stated that I was not going to hand him the check then. So he started yelling and making rude, belittling comments. I told him how we have boards and thats our main priority, he she he has taken much harder tests in his life time and we are not going to pass it anyway so why bother studying. He made numerous inappropriate and immature comments. Basically at this point he told me to remove the dog. I completley understand I am in the wrong for having this dog here. Soooo... the point of all this.... I read the lease, it says how a written notice must be given... which I never received. Really I just want to make him mad for the comments he made (because I didnt stand up for myself at all when he was yelling at us). I want to know if I keep the dog here, can he still jump to giving me the  eviction notice without giving me the written notice about the lease violation. The lease agreement says that  I have 5 days to correct the problem after recieving the notice. Thank you so much for taking the time to read this.
Amy Pennsylvania

A: You are correct. Before an eviction on a violation, most leases require a notice and an opportunity to "cure" the violation.  That's why pet evictions are hard for the landlord.  You have a major personality clash here.  Have you thought about asking the landlord to allow you out of the lease?  Your dislike of him seems mutual. 

Dear Mr. Reno:
1) I had a tenant break a clause in in her 12-month lease.  A letter was sent requesting her to fix the problem in 5 days.  After 5 days and no remedy, I proceeded to give her a 3-day notice to vacate or be evicted.  She left on the third day.  Since she violated the terms of the lease but left without being evicted, is she entitled to her security deposit?

2) Another landlord I know mentioned that when a tenant of his violate terms of their lease, he tells them he will give them back the security deposit if they move out.  He does this to make sure they don't damage the property and save him from going through the eviction process.  Is he obligated to pay it?  Is this a verbal contract?
Thank you! Chuck- Rochester, NY

A: You can keep the security.  If the tenant sues for it, you can counterclaim for loss of rent due to the breaking the lease.  As for your friend, he is bound by a verbal agreement to give back security, (unless he's planning to lie about it- and then is depends on who the Judge believes.)

Dear Mr. Reno:
I have tenants who have just moved out, and there are pet stains that the carpet cleaner says won't come out. Also, they had a cat in the house and did not tell me. the cat was not on the lease. What can I charge them for these two things? Do they forfeit their deposit for breaking the terms of the lease? This is in California.
 Donna Buys, CA

A: Security is generally limited to "out of pocket" expenses for repairs and some necessary renovations.  Are you going to replace the carpet?  If so, you can deduct. If not, you can't so there's your decision.

Dear Mr. Reno:
Tenants moved in on January 20, 2008. In March Tenant called me and said he had a question for me. I decided to go by and check on him. When I went over to the rental he was angry stating that I have not returned his calls so he hired someone to do a home inspection and found that the rental had mold. When I went over to the rental unit Mr. Bridges was angry saying that I have mistreated them and not returning his call.Said that there was mold in the home. I asked him if I could come in and he would not let me. I told him if there is a leak we need to get it fix and if there a moisture in the air we need to get a dehumifier over there he did not comment he said that I would be receiving a certified papers in the mail tomorrow. The message he left on my cell phone was that he had a question for me that was it nothing about a home inspecting or mold.   I called Home premier to have them look at the rental and they did a mold test on the rental. Mr. Bridges was there and allowed me to come in. I have not received any results from the individual who did the mold testing. My husband went over there and talk to the tenants and allowed him in the rental. Inwhich my husband gave him is deposit back....I could not believe that. 
Denise Okolichany Lake Park Georgia.

A: I hope you mean BEFOREthe end of the 11th month.  No, You don't have to give them a reason, but why dont you?  Is it a secret?

Dear Mr. Reno:
One month ago I had a couple sign a two year lease and give me a security deposit. Their move in date is April 1st. I got an email on Easter Sunday saying they were backing out because they had met with the current tenants and they said there was water in the basement. The current tenants have NEVER said ONE word to me to indicate this nor have I seen any evidence. They had a long list of complaints-at least one of which is being attended to this week (roof repair), and my understanding is that I don't have to have anything done until the 1st. They have been "hanging out" at the property asking questions of the current tenants, who find them wierd. The guy keeps threatening me (court) because he wants his secuirty deposit back! This is a HUGE crisis for me and I lost a full month when I had lots of applicants. (I should have taken a back up contract but no one would wait until 7 days before the commencement of the lease period) It seems this guy should be liable for the full term of the lease but he doesnt' think so. I am in the process of trying to rerent but certainly I will lose at least one months rent. (hhis security deposit). It adds "insult to injury" that this guy ruined my families easter and now continues to make demands and harass me wanting his money that he isn't entitlted to. How can he base a court case on a third party's supposed gossip (the current tenants say they never said these things) The guy says he has some emails from current tenants. Jan Falk, Virginia

A: Your main objective right now is finding new tenants.  Worry about this nutcase later.  He has no leg to stand on.  But you need to rerent before you can sue for the lease.  Also- Keep the security.

Dear Mr. Reno:
Sir, i am renting a house in Tracy, Ca.. The owner has stopped payment since November of 2007. I have been paying my rent as promised but recently i have received the notice on his name that he's late on his payment and the house might go for fort closer. He was suppose to let us know but he never did. He is collecting money from me but not paying the bank. it's a great hassle for me. i came to know from my relater that he's late and she told me not to pay him from now. Please guide me in the right way. He's lying to me all the time. i will be having  lots of problems so i am trying to find a place to move out before situation gets worse. Should i still pay him. Please help me with this situation. danny singh

A: It is true that this landlord may be losing the home to the bank.  The problem is, until the foreclosure sale, he is still the owner, and he can still evict you for non-payment, so beware.

Dear Mr. Reno:
  My tenant recently vacated my single family rental home on month 12 of a 24 month lease. Since the lease has been breached, and I have twice served them (demand) notices, can I collect the remaining 12 months rent payments?  The Justice Court only offers a Complaint for Forcible Detainer which states and assumes that the tenant is still in possession of the property, but does include a section for "failed to pay rent on the premises, pursuant to the lease contract". Can I use this form, and the eviction court, to collect unpaid rent or do I have to file in small claims court?

The lease indemnifies me for the all rent due.  Thank you very much for your reply.
 Sincerely,
Dayna F. Closser, San Antonio, Texas

A: I believe you are small claims  court bound.   Usually, the eviction court only has jurisdiction when the tenants are in possession.  Sometimes the tenant leaves during the proceeding, which is OK, but the have to at least be there when you start.  That's why they form assume they are in possession.

Dear Mr. Reno:
We have a home in Maine we rented out to a person who signed a lease from October 2007- October 2008.  Back in the end of February 2008 the tenant stated they might move out after spring.  March rolled around and on March 3th we called because we had not received their rent.  Tenant claimed because February was a short month they forgot about mailing the rent. Received rent for March on March 6th.  The next week spoke to tenant and they stated they would be moving out end of April 2008.  They never send us anything in writing about moving out.  They broke their lease.  March 15th we received a call from neighbors that the tenants had a moving van and left.  We called the tenant and they stated that they had to move and since we had their last months rent they were paid till the end of April. We called and stated we would be going up to the home to inspect it because it is on the market and needs to be shown.  Upon arriving at the home we noticed there was very little oil in the tank, the house had been left in a mess.  Fecal matter all over bathroom floor and in bath tub. They had changed vanity lights in the bathroom, changed the hot water heater, changed ceiling fans, left a junk vehicle in the yard and filled the barn with trash.  They also left some of their belongings.  In the lease it clearly states the home needs to be heated.  There is no oil in the tank and it is cold.  They already froze the water pipes once.  Seeing how they paid April's rent and we have their security deposit can they just leave the house abandoned and say they are still renting it?  What are our obligations?  I have taken two days off to clean so the realtor could show to prospective buyers.  Have they broken the lease?  What is our recourse? They are threatening with legal action.  Thanks! Maine

A: The question is, whether or not it is reasonable to conclude under all the circumstances that they have "abandoned" the premises.  What did they leave? My opinion is, if their clothes and their valuables are gone, then they have left.  If that's the case, clean it up and rerent it.  If you're not sure, then the only safe course is to evict them legally through Court.  It's a common dilemma.

Dear Mr. Reno:
Shouldn't I be able to file a eviction summons with the court as Power of attorney? The clerk is telling me I cannot represent another person in court even with the power of attorney. My father is close to death and hospitalized and has signed over poa to me. I dont understand. The court insists that I have an attorney sign the summons. The Notice to quit has been served by the sheriff and time has expired. There is a couple in his house renting a room on a weekly basis and hasnt paid any rent for close to a year. thank you Wes Duchesneau, CT

A: You should be able to do it as long as the power of attorney specifies that it can be used in litigation.  I've seen it done.  Unfortunately, it seems to vary from Court to Court.  Usually I advise people to ask the Court clerk if they'll allow it, so in your case, you already have your answer.  Oh well, sometimes you "can't fight city hall."

Next 5 questions, published March 31, 2008

Dear Mr. Reno:
I had a tenant evicted for not paying rent and they left three junky couches, vacuum cleaner, a kitchen table, broken washing machine, microwave and broken toys. they moved out without telling me a new address. I have a judgement agaist them for 2100.00 dollars. can I take the stuff they left behind to the landfill or do I need to store it? Thanks a bunch. John

A:
I would consider these items "abandoned". Feel free to dump.

Dear Mr. Reno:
I was late on giving my 60day notice to vacate on April 30th. I was 20 days late and now my Landlord wants to change me $520.00 and we are not able to live there after April 30th. Can they do that? It doesnt seem fair. I first thought it was a 30 day notice but learned it was a 60 day notice. It doesnt make sense that I have to pay and cant live there.Thanks! Joanna

A:
It sounds like you didn't read the "fine print." Usually, the notice is 30 days, but you say you learned it was "60"- are you talking about the lease? If so, you're bound by it.

Dear Mr. Reno:
I am renting a property from my employer and have fallen back on the oil bill since they have set it up for automatic delivery. i expressed that i could not afford automatic deovery and took the steps to seek help from meap. i received a letter in my in box on 2/29/08 stating "200 dollars will be deducted from my pay if another delivery was received please prepay. there were no more automatic deliveries since 2/29/08 and 200 dollars was garnished from my pay on 3/20/08. is this legal? I was also granted $910 from meap going directly to the oil company. angela, maryland

A:
It sounds like an over zealous landlord, but I have one question: Does the lease authorize this? If it's not in there, then they can't force you to have automatic delivery.

Dear Mr. Reno:
We are a property management company in the State of Texas. We manage primarily commercial retail property, and recently added office condo associations. As such we have a management agreement and collect management fees accordingly. Recently, the decision was made by a member of the company to collect management fees on the receipt of security deposits. Although, I have no written proof of this being illegal, I really feel that it should not be done based on the nature of the intent of a security deposit. Can you provide information to me – legal or persuasive, that I can use to support my position to reverse this policy and limit the management company’s liability?
Regards,
Tammy F. Taylor, Director of Property Management, Dallas, Texas

A:
Your responsibility with regard to the security deposit depends on whether you rent multiple dwellings under the law. In NY, for example, more than six units and you need to place the security in an interest bearing account. So in that situation, you could not deduct management fees from the security. I'm not sure what the Texas law is. You need to find out the statute regarding interest on security deposits. If you need to collect interest, than you can't be deducting. One final note, it may be possible to bypass the law by a specific clause in the lease that allows it. Is that how they're doing it?

Dear Mr. Reno:
Tenants moved in on January 20, 2008. In March Tenant called me and said he had a question for me. I decided to go by and check on him. When I went over to the rental he was angry stating that I have not returned his calls so he hired someone to do a home inspection and found that the rental had mold. When I went over to the rental unit Mr. Bridges was angry saying that I have mistreated them and not returning his call.Said that there was mold in the home. I asked him if I could come in and he would not let me. I told him if there is a leak we need to get it fix and if there a moisture in the air we need to get a dehumifier over there he did not comment he said that I would be receiving a certified papers in the mail tomorrow. The message he left on my cell phone was that he had a question for me that was it nothing about a home inspecting or mold. I called Home premier to have them look at the rental and they did a mold test on the rental. Mr. Bridges was there and allowed me to come in. I have not received any results from the individual who did the mold testing. My husband went over there and talk to the tenants and allowed him in the rental. Inwhich my husband gave him is deposit back....I could not believe that.
Denise Okolichany

A:
It's just as well. This tenant was bad news from day one.

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