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.

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 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.

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