Q&A with John Reno, Eviction 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 are a landlord with a 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.

Published 2009-11-06

Dear Mr. Reno:
I am closing on a duplex with a tenant in one side. The tenant has violated her lease but not for non-payment. The current owner is in mid-eviction with her. I have no choice but to purchase this home before the eviction is completed. Can the current owner continue with the eviction if I make him a representative for me? Do I have to start over from square one? She has violated her lease by not providing any renter's insurance and also allowing the utilities to be shut off for non-payment several times. She was aware that this home was for sale when she rented and also agreed in her lease to not interfere with the sale of the property if asked to vacate.
Thank you!

Joy Mafera, New Hampshire

A: What? Why aren't you waiting for the seller to finish the eviction? Well, if you insist, you shouldn't have to start over- just get the seller to sign papers that they'll help you finish it. Can you get the current owner to put money in escrow until it's finished?

Dear Mr. Reno:
How do I handle this situation? My tenants for two years have been pretty prompt at meeting the monthly payments. However, the man who is a disabled veteran is now in prison (since July) and does not receive his disability checks while in prison. This is his second time being incarcerated. His mate has been working but got sick on the job in July and is now also out of work. I gave her a break and lowered the rent while he was incarcerated but now I have not received any payment since August. She was taken to emergency twice and hospitalized briefly. She has no money to pay four (4) months back rent and no where to go or store her furniture. I would like her to move out so I can rent the apartment in time for Thanksgiving. I have offered to store her furniture at no cost to her for 90 days. Is is this a smart move or what?
Thank you in advance for your advice.

Marilyn Street, Phila. PA

A: You've got to get her out so you can start re-renting. Get her to sign this: "landlord is providing storage for tenant at no charge and is not responsible for any damage to items". She still could say you stole something, unfortunately, but if you think this storage will expedite her departure significantly, I can understand why you might take that chance.

Dear Mr. Reno:
My tenant has broken our lease. He has moved out. The lease was for 24 months he only paid for 5 months. We are searching for new tenants. Is this tenant liable for the rent that he signed for in the lease until I get a new tenant?

Gail Priest - California

A: Yes, he is liable for lost rent if he broke the lease. That's the whole point. Otherwise, it wouldn't make sense for a LL to have a lease.

Published 2009-10-31

Dear Mr. Reno:
What is my liability exposure when renting an apartment in my barn and the use of two stalls to stable the rentee's horses?
Thanks for your time in this matter.

M Langston, CA

A: I've never heard of an apartment in a barn. Sorry, can't help you with that.

Dear Mr. Reno:
Nice FAMILY moved in, Wife, Husband, Two boys,,, Paid rent... Two years later, now Mom is divorced with three kids (two boys- one girl) got fired from job and is waitressing. Didn't pay anything for June and July (but we got a check from Housing Assistance Corporation. We agreed last year to 6 months lease, just renewed in August. Mom paid for what amounts to about two weeks worth of rent for August. Nothing in September and now nothing in October???? We as nice landlords (we are parents too) are getting financially strapped and having trouble paying the mortgage, and not sure where to turn.
She is now as of Oct. 15th 60+ days late. (We've also caught her lying to us).

Jan Daniels, Massachusetts

A: It's a sad situation, I agree, but, as far as what a landlord has to do when a tenant can't pay the rent... well, you already know the answer, don't you? That's right, I thought so. Sorry.

Dear Mr. Reno:
How much can we raise the rent per year. My father passed away in the spring of this year. The tenants in his rental house have been there for six years and have never had a rent increase.
So we need to know how much can we raise for Jan. 1/10.

Ellen Belcourt, Elmvale, Ontario Canada

A: I'm on shaky ground as it is answering questions from people in other states- you're in another country. I know it's the "inter" net, but all I know about Canada is it's cold there.

Dear Mr. Reno:
My name is Monique Pegg, I am a member of LPA. I just received a call from a gentleman from a mediation service in Hemet CA. A tenant left my rental after one year. She had a $1200.00 deposit. Within 2 weeks I sent her a detailed repair list that was made on the property which she had rented. The damages came to $2000.00. She called after receiving the settlement move out agreement and was very upset. I told her I would forget the additional $800.00 that was owed to me. Now I am told by that gentleman that I had to furnish her all the paid receipts within 21 days. I have the pictures of the damages that she caused. Did I have to include the PAID RECEIPTS WITH THE SECURITY SETTLEMENT STATEMENT? He told me that is the law in California? Please let me know. Thank you, Monique

Monique Pegg, CA

A: That's a new one on me. I've never heard that- only the itemized list, as far as I know- but you're going to have to go online and check that out. If you don't know the section of the statute, ask the "gentleman" for the section. If he wont tell you, then he's bluffing.

See CA: Refunds of Security Deposits

Dear Mr. Reno:
I am In NJ. I have a tenant who owes two months rent. Her utilities is turned off. What should i do? Thanks

Wilfred, NJ

A: Have you checked the weather? It's getting a bit nippy. I don't think she'll be around to long with no heat or elec. You should be able to take possession shortly.

Published 2009-10-29

Dear Mr. Reno:
Hi, we just recently served our tenants a termination of their month-to-month lease. The termination said that they have 30 days to vacate. They still owe us 1/2 month from this month and in 5 days will owe another full month, unless they move by the 30th day. What do we do if they refuse to move? Will I have to go to the courthouse and file an eviction notice, is so how long does that take? I''m hoping that they will just go. We are in the state of Ohio. Thanks.

Melissa McClellan, OH

A: A tenant failing to vacate when asked to is not a wild hypothetical, its almost a probability. That's what keeps us lawyers in business. The notice doesn't force then to vacate, it just gets you a ticket to landlord/tenant court to do an eviction. One alternative is to make a deal. If they need another week or so, give it to them and be thankful. If you have to go to court, they'll be there for Thanksgiving.

Dear Mr. Reno:
Just had our moms home transferred to 3 siblings. The 1 sibling( still residing upstairs) as stated in the documents is to take care of property taxes,maintain the home and home owners insurance, and pay $600 per month to offset mother in nursing homes expense. They have not paid the taxes, or the insurance and $600 is always late. We sent a realtor in to price home and where told home can not be sold or shown in its current condition. How to evict a 1/3 owner with signed papers by them requiring them to do the for said stipulations ??

Ronald T., NY

A: Bad News. One owner, cannot "evict" another. You could try L/T Court, but you may get bounced, if the court determines it has no jurisdiction. You need a lawyer on this. You may have to go to Supreme Court and sue for breach of contract or what's called "Partition" and move for "ejectment" or "ejection" (one of those). This is a mess. Good luck.

Published 2009-10-25

Dear Mr. Reno:
Question:
1. After tenants vacated ( in lieu of eviction ) for what length of time may I pursue monies owed ie. Back rent
2. The lease was offered by our management company, of which I am a partner. The company is an LLC. Can I represent our LLC in these proceedings, or must I retain an attorney?
Thank you for your time and assistance
Cordially,

Bonnie Wisniewski

A: 1. Monies owed on a lease is a form of breach of contract- in NY you have 6 yrs. In Ohio what is the statute of limitations for breach of contract in Ohio? That's your answer.
2. You don't need an attorney for small claims, but if it's more than the small claims limit, you probably can't w/o the attorney.

Ohio Statutes of Limitation
Written or oral account: 6 years, (O.R.C. §2305.07).
Written contract: 15 years, (O.R.C. §2305.06).
Oral contract: 6 years (O.R.C. §2305.07).
Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).
Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. §1303.16(B)).
Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).

Published 2009-10-24

Dear Mr. Reno:
Nice FAMILY moved in, Wife, Husband, Two boys,,, Paid rent... Two years later, now Mom is divorced with three kids (two boys- one girl) got fired from job and is waitressing. Didn't pay anything for June and July (but we got a check from Housing Assistance Corporation. We agreed last year to 6 months lease, just renewed in August. Mom paid for what amounts to about two weeks worth of rent for August. Nothing in September and now nothing in October???? We as nice landlords (we are parents too) are getting financially strapped and having trouble paying the mortgage, and not sure where to turn.
She is now as of Oct. 15th 60+ days late. (We've also caught her lying to us).

Jan Daniels, Massachusetts

A: It's a sad situation, I agree, but, as far as what a landlord has to do when a tenant can't pay the rent... well, you already know the answer, don't you? That's right, I thought so. Sorry.

Published 2009-10-23

Dear Mr. Reno:
How do I handle this situation? My tenants for two years has been pretty good at meeting the monthly rental payments on time. However the man who is a disabled veteran is now in prison (since July this time) and does not receive his checks while in prison. This is his second time being incarcerated. His mate has been working but got sick on the job in August and is now also out on disability. I gave her a break and lowered the rent while he was incarcerated but now I have not received any payment since August. She has been taken to emergency twice and briefly hospitalized. Do I ask her to leave or can I have her evicted while she is sick and he is incarcerated? If so, what do I do with their personal property?
Your answer is much appreciated ASAP. Thank you,

Marilyn S., Phila., PA

A: This does often happen- you can evict them in jail or in the hospital (in the army- that's a problem.) Get'em out- (we'll worry about their stuff later.)

Dear Mr. Reno:
TENANT IS LEAVING NOVEMBER 1ST-HE HAS NOT PAID OCTOBER RENT-$800. MONTHLY.
HIS SECURITY DEPOSIT IS $710.00. WHAT CAN I DO? LEASE STATES THAT HE CANNOT USE SECURITY DEPOSIT FOR LAST MONTH'S RENT. CAN I REPORT HIM TO THE CREDIT REPORT COMPANIES? HOW DO I DO THIS? BASED ON $800. MONTHLY, HOW MUCH SHOULD THE SECURITY DEPOSIT BE?
THANK YOU

ALICE CAIRO, ILLINOIS

A: This problem is becoming an epidemic. You generally can not apply security to unpaid rent unless:
1) Your lease says expressly you can... or
2) local statute says you can. Any luck there?

As far as reporting to the credit bureaus, The LPA is coming out with a new reporting ability free for members. Otherwise it can get involved setting up accounts with collection agencies.

Published 2009-10-22

Dear Mr. Reno:
I have the same tenant since 2003. The problems I have been having were late rent, insufficient funds and sometimes pet violation and water utility bill. She wrote a post dated check 9/25 for September rent and utility bill but it bounced back. I sent her a Certified Mail with Return Receipt for 3-day Notice to Pay or Quit and she has not responded to that but she emailed me that she is moving out on October 25th. She stated that she will do a payment plan and use her security deposit for whatever she owes. October rent has not been paid.

I have not responded to her email yet, nor filed the eviction notice, not sure what to say and what forms to use. Please advise.

Angie B. CA

A: She may leave on 10/25, but in the meanwhile, you should take a walk over to the eviction courthouse. Start the process. They'll give you the forms. Start filling them out. If she's not out on 10/25, you'll have a head start.

Dear Mr. Reno:
The current landlord gave my potential tenant a "verbal" 27 day notice to move out by October 31st. The tenant found a home (mine) and wants to take possession on the 15th and wants the current landlord to refund her the unused rent. The current landlord refuses. Since the current landlord requested the move, should he not be required to refund the tenant? (The current landlord is moving back into the house.)

Leslie Maki, Washington State

A: But she was supposed to leave until 10/31. Why is she jumping the gun? What's the rush? Does the lease end on the 27th?

Dear Mr. Reno:
I have a commercial property lease and the client has informed us that he has closed the business and intends on taking bankruptcy. He is past due on his lease payment and we changed the locks on the doors - looking for a form letter to to send to him to let him know we have changed the locks and seized the assets.

Patrea K., OR

A: You can't do that without a court order. There's no form letter that says "I'm doing it anyway, so there!"

Dear Mr. Reno:
My tenants 30 day notice is up. They have moved out but wouldn't return any prior calls or emails for a final walk thru. We never got our keys from them. Do we have possession?

Hollie Williams

A: I get this question in one form or another at least once a week. If, under the totality of circumstances a reasonable person would assume that the premises have been abandoned, then you can retake possession.

Published 2009-10-21

Dear Mr. Reno:
My tenants 30 day notice is up. They have moved out but wouldn't return any prior calls or emails for a final walk thru. We never got our keys from them. Do we have possession?

Hollie Williams

A: I get this question in one form or another at least once a week. If, under the totality of circumstances a reasonable person could assume that the premises have been abandoned, then you can retake possession.

Published 2009-10-19

Dear Mr. Reno:
my husband and i have a 1 year lease, i want to let my sister stay with us for no charge till summer can we be evicted? our landlord says its a problem ,its a 2 bedroom condo we have no kid he says its made for 2 adults only, shes no trouble ,hardly home, if we are evicted are we responsible for the remainder of the lease?

Connie W.

A: You should be fine. She can't keep out your family members unless it's in the lease, and even then, its questionable if it's enforceable. One problem: If you're going to ask for a renewal after the year's up, ..

Dear Mr. Reno:
My name is Teresa S. and I live in Southern Calif., but I own a small house in Fort Worth Texas which is the issue of my question today.
My tenants just moved out owing me 4 months of rent and what's worse they left my house in a shamble condition, They obviously have no money, but, is there a recourse for me? Please advise. Thank you. Teresa

Teresa, TX

A: This does happen quite frequently, I'm afraid. You always have the option to sue, but is it worth it? Hard to say. Out where I am you can sue in small claims court for up to $5000.00. That's probably best b/c you can go w/o a lawyer. Its all part of the cost/benefit analysis every LL has to make in this situation.

Dear Mr. Reno:
Question: My client purchased a new property with a tenant in place. The tenant lease is expired two days ago. The lease agreement between the current tenant and new owner never been extended or resigned. The tenant didn’t pay any rent since the new owner purchased the property. Now, there is no lease agreement and the Owner wants to get rid of the tenants.
Per my opinion, the tenants stay at the property unlawfully. It is like a trespassing the property. I understand that the owner cannot just kick the tenants out, or am I wrong?
What is a legal way to get rid of these tenants?
Please advise,

Marina F., Florida

A: It's going to be an eviction of some sorts. The people aren't trespassing b/c they took possession legally. But now, they no longer have permission from the new owner, so they're not there illegally even though they have no lease- so its kind of a weird state of being, but the bottom line is you still have to give a notice to evict and then go to Court. So you were right. Sorry.

Dear Mr. Reno:
Hi. My name is Nicole from Ga. I run an apartment complex and I have a tenant who is very old. She does not work, but collects ssi. She sells cigarette out of her house and it was told to me that she also sells to minors. Well the problem is she moved in her grand-daughter and her five children. Two of her children cause alot of problems to the neighborhood. I gave them a ten day notice to move or all of them would be evicted. Can i evict all of them for this?

Nicole, GA

A: If you're breaking the lease, you're going to have troubles. The only sure-fire ground to evict (break a lease) is non-payment- any other ground is a crap shoot and usually a loser if challenged.

Dear Mr. Reno:
Month-to-month tenant has given me one-month’s written notice that she is moving; her lease clearly states that 2 months written notice is required in order for me to make any repairs, etc…..am I entitled to keep one month’s rent from her security deposit?

Sharon Hess, NJ

A: You can try it. She'll have to go small claims. Also, does your lease allow for security to be applied for unpaid rent. This can be tricky. You hold security in NJ or in CA you can get burnt because of the statutes.

Be sure to use a security settlement statement within the parameters of your state laws.

See New Jersey Security Deposit Law - http://www.thelpa.com/lpa/lllaw.html

Published 2009-10-16

Dear Mr. Reno:
The boyfriend [NOT a permitted occupant - living in the home for 6 months] of the tenant [leaseholder] is living in the rental home. The tenant moved out 2 months ago. The tenant and I are in agreement - we do not want the boyfriend living in the home. How do we remove him

Brett M., North Carolina

A: I have one word for you... "CAN'T." He lives there now. You're going to have to serve a notice & evict. If you don't believe me call the police. Tell them you have an unwelcome guest & want him out. See how that goes over.

Dear Mr. Reno:
I have a lease with a tenant and in the lease it stipulates that a $30 late fee is payable when rent is late.
He is arguing that he is not paying on the basis that late fees are illegal in California under Cal. Civil Code 1671.
Have you heard of this and is it true that late fees are "illegal" in California because of this?
Thank you for your time. I haven't seen that. Can you go online and get a copy of Cal. Civil Code 1671? I think you can still have a late charge if it's worded properly and if it's not excessive.

Mr Clark, CA

A: I haven't seen that. Can you go online and get a copy of Cal. Civil Code 1671? I think you can still have a late charge if it's worded properly and if it's not excessive.

Dear Mr. Reno:
SITUATION
MY 2 FAM/HOUSE RECIVED A NOTICE OF FORECLOSURE, BUT A DEFAULT JUGMENT HAS NOT BEEN ENTERED YET MEANING THAT I,M IN THE PROCESS OF GETTING A LOAN MODIFICATION TO KEEP THE HOUSE.
QUESTION:
CAN I EVICT THE TENANTS WITH NO LEASE IF I GIVE THEM AMPLE TIME OF COURSE, WITHOUT ANY PROBLEMS. THE TENANTS KNOW ABOUT THE NOTICE AND I WAS TOLD BY A TENANT THAT I WAS RESPONSIBLE FOR MOVING HIM AND PAYING HIS RENT FOR SIX MONTHS BECAUSE OF SUCH NOTICE.

JAY, NEW YORK

A: Your tenant is suffering from a common misconception. You are still the landlord with all the usual powers of eviction until the actual foreclosure SALE takes place.

Dear Mr. Reno:
Question: Current tenant under lease has not been paying her water/sewer/garbage utility bill to municipality.
Municipality informs if not paid up, water will be shut off and house becomes uninhabitable as no water service. In addition, municipality informs me (LL) that they will put a lien on my property for unpaid amount.

This tenant has always paid rent on time. I have repeatedly informed tenant to pay her utility on time as this has an adverse effect on her credit score. Tenant claims she will take care of it. A $300.00 utility bill unpaid to City is not really grounds for termination of lease or eviction. What to do? Her lease ends April 30, 2010.
Thanks,

June in Illinois

A: You didn't mention whose name the water bill is in. If it's in her name, doesn't that solve your problem? She's not going to go w/o water. And if its not in your name, you wont get sued for cutting off her water. You tell me. What am I missing?

Published 2009-10-13

Dear Mr. Reno:
I have a building with 5 apts. and 3 commercial stores in Queens. One of the tenants in the residential apt., didn't pay my rent for a long period and I evicted her this June 09. She owes me $11,000 plus damage to the property. She signed a note also saying she owes me so much and will pay $200/biweekly. It is not notorized. I know where she is living now.
My question is can I get the unpaid rent and damage to the apt?
Thanks a lot

TL, NY

A: You have lurched beyond landlord/tenant law and are now dabbling in "collections". There are ways; sometimes you can collect- sometimes you just write it off as a cost of doing business. You may be able to hire a collections lawyer (but they'll take a big chunk.)

Dear Mr. Reno:
I have a question that was not on your site. If some rent is still owed on a month to month rental can the landlord take the amount owed out of the cleaning deposit or is that a different account?

Audry B.

A: It's not that simple. Technically you are correct, but what are you going to do about it? Are you going to sue to restore your cleaning account & then get evicted for nonpayment of rent? I must be missing something. Are you already out? Or are you the landlord? Is that what I'm missing?

Published 2009-10-12

Dear Mr. Reno:
My tenants are brothers; one pays on time, the other late, and he's not sure he is staying. The paying brother wants me to evict his irresponsible brother. If I do, I believe the security deposit remains, and the brother that stays is responsible for the entire rent until he finds a roommate. They are in a monthly lease, so I can re-write it. Am I correct on all counts? Thanks,

SM

A: If you have two leases, you can evict one brother, but if its one lease, then the tenants come as a set. You evict them both or keep them both. You have to figure out if this is one tenancy or two.

Dear Mr. Reno:
My question concerns apartment trashing and insurance fraud.

I recently had tenants (a young couple) evicted. It took nearly 4 months. Later, on the same day that I had notified them that I’d be beginning the eviction process, they faked an accident and tried to sue me for injuries. They had broken a hole in the ceiling above the commode and said it came down and hit hubby on the head. A police report and inspection reports from a building contractor and my homeowner’s insurance company found that the ceiling damage was caused by vandalism. The pretense of a neck injury was lasted a couple of days. During the eviction process the court system couldn’t care less about this criminal activity. Should I bother taking criminal action against these tenants? My eviction attorney says I should just let it go. Apart from the monetary loss there’s the matter of criminal justice. Additional vandalism occurred during the last months of their tenancy, amounting to $5,000 in property damage, and there was also insurance fraud. The police and the court system are apparently unconcerned.

A follow-up question re attempting to collect back rent:
Is it feasible or worthwhile, after an eviction, to try to collect back rent (in access of the security deposit amount)? The eviction process took nearly 4 months. The tenants stayed over a month beyond the term of their 1-year lease. Approximately 8 months’ rent is owed. (At this point, I’m grateful that the building wasn’t torched or flooded, and that there was no physical assault of the other tenant or myself.)
[Sorry this question is lengthy. I did try to edit it down as much as I could.]

Charles Wieder,

A: As far as the fraud, you reported it to the police. The rest is up to them. As far as the damages, if you want to pursue it, then pursue it. Will it be worth it? I can't answer that without a crystal ball. It's your call.

Dear Mr. Reno:
MY QUESTION IS: MY NEIGHBOR HAS RENTED HER HOME TO SOME TENANTS WHO HAVE DOGS (3) WHO ARE LOOSE AND THEY (DOGS) HAVE BROKEN A BOARD IN MY FENCE. I INFORMED THE OWNER WHO IS ALSO IN REAL ESTATE ABOUT THE PROBLEM AND SHE SAID THE ONLY THING SHE CAN DO IS ASK THE TENANTS TO CONTAIN THEIR DOGS. SHE HAS NO FENCE ON HER SIDE OF THE PROPERTY, MEANWHILE THE DOGS URINATE AND "CRAP' NEXT TO MY FENCE.
SHE WANTS ME TO WAIT UNTIL SHE GETS SOME MONEY APPROXIMATELY 2 MONTHS. I AM A RETIRED SENIOR WITH A SMALL INCOME. WHAT CAN I DO? THANK YOU!

MS TIMMONS, OF CALIFORNIA

A: Maybe nothing, but try the Town/County or whoever on your street controls local zoning. This pet situation may be a violation of local ordinance. Maybe, if your lucky, they'll get a summons and "clean up" their act.

Published 2009-10-10

Dear Mr. Reno:
My tenant wants to do foster care of babies with immune deficiencies in my condominium.
The babies are newborn up to one year old and she would be hiring a caregiver to take care of the baby while she is at work. The babies remain with her and her boyfriend (whom she wants to add into her lease) until they can be adopted.
I am not sure about this but I assume she is being compensated for doing this or is writing it as a tax deduction.
I would like to add an addendum to her lease to protect myself and the Condominium Association from any possible liabilities regarding this matter.
Should I also insist that she carry a rental insurance to cover the baby and the caregiver?
Your advice on this matter would be greatly appreciated.

Cindee

A: Foster care is a business and they do get paid so I guess if you want the tenant to obtain liability insurance you could- but if it's mid-lease you really can't force the issue unless something in your lease requires it.

Dear Mr. Reno:
Own the house, asked boyfriend to leave - he won't. Police said file an eviction notice. He was served and as filed a denial. Go to court on 10/13. We do not have a formal landlord tenant agreement and I did not give him a written request to vacate. What are my chances that the judge will rule in my favor?
Regards,

Karen Costopoulos, Georgia

A: Slim to none- Not without a Notice, Sorry Karen.

Dear Mr. Reno:
I have filed and won an eviction with possession against my tenants, who have not paid rent, nor has had ANY communication with me whatsoever since the beginning of July, when she was 8 days late on her rent....her second month there. When the sheriff went to evict her, she appeared at the door with bankruptcy papers in hand, she had filed them the day prior to her mandatory eviction, she never appealed anything, nor did she appear in court when ordered. The bankruptcy papers she filed, included herself and her daughter, and did not pay any fees. I was told she cannot file with her daughter, and therefore the file should be dismissed by the court. Everything was done according to the law, my agent filed eviction, she did not show up in court, therefore granted possession. 10 days passed, she did not appeal, my agent filed a RIT. The sheriff's dept. acted as the law and took it upon themselves to leave her in the house saying that a bankruptcy order supersedes anything else, but since the paperwork is invalid, did the sheriff dept. act accordingly in leaving her there without knowing the law, and disobeying court orders to change the locks and escort her out? What can I as a landlord do now? I am in danger of losing this house, I cannot afford to pay it without the rent money. The rent is $1395 my mortgage is $1800 and now, with 3 months of NO rent payment and charging my mortgage, is there a "hardship" clause that I can file with the court to expedite regaining possession of my house? Thank you,

Mary E., Charlotte NC.

A: You are in deep doo-doo. This just happened to my client. You have to hire a lawyer to "lift the bankruptcy stay" or else let the bankruptcy run it's course. (two-four mos.) Two very lousy options: pick your poison

Published 2009-10-09

Dear Mr. Reno:
We had a tenant two years ago that did not get along with the upstairs tenants. We tried to have them talk it out with us present at their request. One tenant did not want to continue living there due to their dispute. She asked to break her lease and we informed her that we would hold her security deposit until we could find another tenant and we would refund some of the deposit if we could find a tenant before the month ended. We advertised and had an open house. We found a tenant and refunded her for several days that remained in the month. This occured in December 2007. She cashed the check a year ago and is now taking us to small claims court for the remainder of the rent and for bad faith retention of security deposit under cc 1950.51. This amount is double the security deposit amount.
Is this allowed? We did every according the the laws of our city (San Francisco, CA)

Laura Lynn Olivo

A: Did you follow the law? I know its very strict in CA. You had better check the statute.