A:
My opinion is that the clause is probably not enforceable in the sense that the police will usually not forcibly eject someone who can establish residency. I say "usually" because one can't always predict what the police may do, sometimes it actually depends on which officer takes the call. That's the reality.

As to John Turner's concern that the LPA shouldn't encourage a clause that is not "legal", no one is saying the clause is "illegal" in the criminal sense- it's just probably not "enforceable" as a practical matter, even though it can be effective as intimidation.

Next 4 questions, published Feb 8, 2008

Dear Mr. Reno:
I have a tenant who is a month behind (again). Last year he fell behind July and August but caught up in September. His lease is up at the end of May, 2008. He has told me that he is interviewing for a full time position. He is not successfully paying the current rent and is unlikely to be able to handle an increase. He has indicated that he does not pay his late fee because “that would put him further behind”. The property is a multi-family building located in Brooklyn.

I am not in a position to “carry” this tenant. When would you recommend that I commence eviction proceedings and how would I engage your firm?
Best regards, Karen S.

A:
Yesterday. Call (631) 796-2446 for a good NYC eviction attorney.

Dear Mr. Reno:
I own a rental home adjacent to my residence. The lease is month to month and an initial written lease was given to the tenants when their first months rent and security were paid. The lease clearly stated that the property was a "no smoking" property. Within the first few weeks I had to let a repairman in, and was given permission to do so by the tenants. It was obvious they were smoking inside. I immediately left a letter for them on their counter and told them I would not renew for next month if the smoking continued.

The husband spoke to me afterwards and was a bit put off but I made myself clear and he agreed they were wrong. I had another issue in the residence a month later and there had been no smoking inside at that point. Now I am at the six month mark of their tenancy and it's mid winter. I have reason to believe they are again smoking inside (it's cold out now). I also want to do an inspection of the property as I have a couple of things that need repairing and want to be sure there is no mold problem in the basement as we had a very wet fall and winter. When he paid the rent Friday I told him I want to go over sometime on the weekend and take care of a few things, busted screen, railing issue etc. and it was obvious he didn't want me to go over. Now it's been day two since I told him I would be over, I intend to walk over, no phone call and bring him an "L" bracket that he said he would need and he would fix the railing. I am hoping I am wrong, but I won't allow him to ignore the lease.

If they are smoking inside do you think a written notice to stop along with giving them until the end of the month to return the rental to its presmoke condition would be fair and legal? The notice would state the date I intend to do the post inspection and if the problem hadn't been corrected I would give them 30 days to vacate and would not be renewing their lease for.....They are good on paying on time, they both hold good jobs and from what I saw initially the residence was kept okay. I had allowed smoking in the garage (with the door open) and on the porch (written in the lease) I thought that was being pretty fair. Since I am a non smoker I know I will have no trouble noticing if they are smoking inside or not. It is hard here to find good tenants so I hate to loose them but it's not worth the clean up needed after smokers leave. Also can I keep part or all of the security if they leave and the residence must be cleaned to get rid of the smoke damage?

Thanks so much.Cindy, New York State

A:
You can serve a 30 day Notice to vacate anytime, (you don't need a reason) because it's a month to month. I would keep them, if they're paying- but that's your decision. Yes, you can evict and they're responsible for smoke damage, but you wont get reimbursed for the months the apartment is vacant. This is every landlord's dilemma. Welcome to the club.

Dear Mr. Reno:
My oil furnace needed repair and she wouldnt pay for it we had no heat we had to pay for it the bill was high and the next day she evicted us gave us 30 days this all happened on 12-25-07 and gave us 30 days we still cant find a place and i had just got 381 dollars of oil what are my rights. Thank you.
Tracy Pennsylvania

A:
The landlord has to provide heat (unless there's an agreement to the contrary.) If you've paid for the heat and if it was the landlord's responsibility, you have the right to deduct it from your rent. But if you're not paying the full rent, you better be right! (i.e. you better be able to prove in Court that you paid for something that was not your responsibility.

Dear Mr. Reno:
I have started the legal process to evict my tenants for non-payment of rent. The lease expired in January and we are basically on a month to month agreement. If they pay me the monies within the time allowed to answer the notice, should I take the money? If I do take the money, how do I inform them that the month to month lease will be terminated?
LeTerence, Georgia

A:
This is a common problem. In most places, the tenant can defeat (win) against a non-payment eviction merely by paying the rent. You can't refuse it in the context of a non-payment eviction. But you can evict the tenant be serving a notice to vacate, which is different from a non-payment eviction, and somewhat more difficult. You probably need a lawyer to do it right.

Next 11 questions, published Feb 3, 2008

Dear Mr. Reno:
I had a 3 BR apartment rented to 3 person on Dec 1st with 1 year lease. From last week,I didn't see any one. Yesterday, two ladies came to my apartment with the key and wanted to move out the furniture and want 1 month deposit back.Two ladies stated that my tenants all went back to Dominica and will not back. The rent is due on March 1st. I cannot reach my tenants, they even disconnect the phone.I don't that two ladies. Should I let them move out the furniture and rent the apartment to other people. Or I should call the police if they come again . And also they may come to move all furniture if I am not home. Should I change door key. Please give me advise ASAP.
Thanks. June from NYC

A:
I would give them the furniture, provided they can give you the names of your tenants, it sounds legit. But, I'd keep the security- they broke the lease.

Dear Mr. Reno:
I am a single mom and have been late on my rent 3 times but always paid before I was 30 days late. I am a mortgage broker looking for a salaried job. I have not paid my Jan rent how long before he can have me evicted??? - Elysa, Florida

A:
Start Packing.

Dear Mr. Reno:
I have 4 cases in landlord court - eviction on grounds of non payment of rent and hold over

Qs 1: Can I cut off utilties (heat and water) when tenants dont pay rent ...

Qs 2: Tenat was allowed to pay security deposit in installments which she stoppped paying. She requested July 07 rent to be adjusted against her balance security deposit as she was facing hard times..which I adjusted temporarily.. Now she thinks she does not owe me that balance security deposit adjusted toward her rent...and disputes the amount in Court - Is her dispute legal...?

Qs 3: Tenant served notice on 24th December for non payment of rent from October to Dec 07 amounting to $2000. As of January 08, she deposits in my bank an amount of $1000
Since this amount was paid on 4th Jan, i considered it as rent for Jan 08.
However, in the court of law, Can this amount be considered payment towards the amount under litigation, Oct to Dec rent

Q4. I filed notice of petition on tenant around Nov 26, 07 for non payment of rent for period Sep. to Oct 07. As of Jan 30, 08 Matter still being processed...can I push the judge to order payment of amount including Nov, Dec and Jan.08 or should I start another process for the additional 3 months that have accrued...

Q5: My current attorney has taken over 3 months to evict a tenant for non-payment . Process started around mid November and he has not yet evicted the tenant. Bear in mind, this matter did not even go to court as the tenant did not respond to notice of petition

WILL YOU HANDLE MY CASES
A) What's the maximum processing time to evict a tenant for non payment of rent
B) What's the maximum processing time to evict a tenant on holdover - lease expiry
c) What's the maxium processing time to evict a Section 8 tenant whose lease has expired
d) WHAT ARE YOUR CHARGES?
Thanks. Leena, STATEN ISLAND, NY

A:
#1) Yes, if you want a summons from the health department and a law suit.
#2) She's probably right. You can only evict for nonpayment of rent- not for non-payment of security. Sorry, you have to get it up front.
#3) Yes the Court will apply it to the oldest rent due. Here's the good news: When you're before a judge you can amend your petition to include the new rent due in February.
#4) Sorry. Three to a customer

Dear Mr. Reno:
Two years ago I won my Small Claims Court case against an ex-tenant for unpaid rent, water and trash bills. I agreed in court to accept payment from the defendant on a monthly basis. It was agreed that he'd pay me $250./Mo. I received two payments (money orders) from him totaling $500. The outstanding amount still owed me is $1000. What would be the most effective method of recovering the remainder owed me? I don't know for sure if the defendant still resides at the address I have on record or if he is gainfully employed. I'd appreciate you advice.
Brian M., NY

A:
Assuming thatyou have a judgment (you said you "won") you'll need a place of employment or the tenant's bank. If you have neither, that judgment is probably not worth the paper it's written on. Good try. At least you got $500.00!

Dear Mr. Reno:
We have a tenant on the bottom floor of a two family home we purchased in January 2007. During the course of last year we had to evict our upstairs (inherited tenant who failed to pay rent ever since we purchased the property). We converted the downstairs tenants who were on a month to month oral lease with the previous owner to a 12 month written lease. Over the course of this lease the tenant has been late multiple times with her rent and had to incur late fees. Earlier this month we notified her that we would not be offering her a 12 month lease renewal due to her payment history and would be willing to do month to month.

She called our home in early January stating she was sending a check to our post office box and it would be post dated for the 10th. I thought that her having a checking account might be a step in the right direction, however I was mistaken and the check bounced. She called and stated that she would be moving in with her sister as she could not afford her rent. We told her she was still responsible for January rent, late fees, bounced check fees, and February rent as it stated in her lease. She told me to use her security deposit. I reminded her that her least states security is not to be used as last month's rent. She then stated she was suing us because she fell down the basement stairs. (Lease states basement use at own risk). She claims to have fractured a vertebrae but we have seen no evidence of a MD visit or has she asked us to submit a claim to our insurance and she is required renters insurance as part of her lease.

We are in the process of showing the newly renovated upstairs apartment to potential tenants and do not want to have her discouraging potential tenants, but we also do not intend to allow her to live rent free. Our bank returned a legal copy of her bounced check and we have tried to verify funds, but so far there have never been sufficient funds to cash the January rent payment which we use as use and occupancy. . I am afraid she will stay past her lease expiration if we do not initiate legal action. There is also enough damage done to the apartment with "improvements" without permission( a lease violation) to account for their entire security deposit.

As a side not we have recently found out her electric bill is in her 5 year old daughter's name and phone in cable in her 15 year old daughter's name.
Any advice would be appreciated.
Donna, East Haven, CT

A:
You said a whole lot, but you left out one thing: When is the lease up? If soon, let it expire and serve a notice to vacate. Also, it sounds like you're saying you never got January rent. You don't need to wait. Evict now for nonpayment. Their security deposit will not be a defense.

Dear Mr. Reno:
I was served with an eviction from my apartment. I had to be out by nov 5 2007 i was out by nov1. I was evicted because of past due rent...i owed $1400. I was advised to drop off a $400 moneyorder and put it through the door slot because nobody was there. my landlord stated she would be there in the morning. then when i went to pay the other $1000 a couple of days later she stated that she never got the money order and that she was not there that morning. I had no way to prove that i did buy the money order because the place i got it from had no records of it but i DID get one. So then my land lord said we had to repay it but i would not because i could not afford to repay $400 so i decided to keep the other $1000 to find a new place but i ended up staying at a motel for a while. My landlord also broke the lease...we could not use the shower because there was only scolding hot water that came out of it and you could not even pull the thing to make it a shower also i kept the place extremely clean and there were bugs everywhere i repeatedly told the land lord about these issues and nothing was ever done about it. it stated in my lease that they were responsible to take care of these problems. also the lease said if any part of the apartment could not be used the rent should be lowered and it never was. I told her about all of these problems before i was ever behind on any rent. My main concern is that i will be moving into a mobile home in 2-4 months and i need to know if i will be denied because i was evicted and also if there is a judgement out for me. What can i do??? What advice do you have? Thank you for your time,
Amanda, Pennsylvania

A:
Go to the Court where the evictions are done. Ask them if there's a Judgment against you. You'll have your answer to that question. As far as the new place goes, you're probably ok because it takes time for judgments to appear on your credit. If you want to be sure, get a credit report done. I think it's ten or twenty dollars. That will answer whether your new landlord will find out about this mess when they screen you. If there is a judgment, you can go to the Court and tell them you want to "reopen" it and challenge it. Usually there's a form you can fill out. Good Luck to you. (Now all my landlord clients are mad at me!)

Dear Mr. Reno:
I purchased a nice twin home last July. The tenants and leases came with the purchase. Both sides always pay rent and have not been a lot of trouble. 3 days ago I learned that the County Drug Task Force forced their way into one of my units and arrested both tenants and took the two kids to emergency foster care due to dealing drugs. They located drugs, scales, and a lot of money within the unit. I was called by the other tenants. I went to the house while they were in jail and noticed the task force broke the front door in order to get in. Surprise attack!

The tenants are now home from jail but the door is still damaged. I do not want drug dealers on my property no matter how much they pay for rent. A new lease is due in February 2008. Can I evict them due to this incident even though I do not have language in the lease that I bought into? Or do I let them know I will not allow another lease and order them to leave?
My current lease has language to cover me for this type of incident. Life is never dull!
Thank you, Jerry, Minnesota, LPA Member

A:
I don't get it. You say the new lease is done in Feb. 08 so don't renew it. Your under no obligation to renew a lease. WHAT AM I MISSING?

Dear Mr. Reno:
Is it legal to tell tenants not to smoke in the house or apt. Can I also ask them not to smoke on the property? - Steven Hengel, Wilmington, DE.

A:
Yes, you can put that in your lease. They'll follow it, if you're lucky. If not, tough to enforce.

Dear Mr. Reno:
I am a landlord who rents out 1 house on a yearly lease ,when rent is due on the 1st of the month but they pay on the 10th is that standard time before late charges can be charged ,[in conn.] and if they don`t pay by the 10th day how would I proceed as far as to get paid.Can you please give me the steps to take as far as what papers to send or give them. I am a LPA Member and was told by a lawer that a [ Notice to pay rent or quit ] would not hold up in court [LPA form] and that i would have to hire a sheriff to serve one for it to be good, is this true? when late charges begin after the 10th day do they keep adding up untill the rent is paid for that month or untill you evict them or both?
Thanks for your time. Bob, in Conn.

A:
Number one, the late charge has to be in the lease. Second, the grace period is up to you, I've seen 10 days, 7 days & 3 days. Thirdly, you can keep charging the late charge each day, but the Court will limit it somewhere here, usually 5% of the total month's rent. That's 3 answers, you're at your limit. [ LPA comment: Is there really a local requirement that properly served notices can only be served by the sheriff or is that just the attorney’s preference? ]

Dear Mr. Reno:
I have a mobile home park with eleven spaces. Two of the eleven spaces are rented as space rent only with the tenants owning their own trailers. One tenant has stopped paying rent and appears to not be living in the space although there are signs of people there. Rent Statements are picked up and someone appears to be sweeping the premises. I have indicated on the rent statement to please contact me since this women is elderly and has lived in the space for 40+ years. I have had no contact from the tenant what so ever. I sent a certified letter but it was never picked up from the post office. Please advice as I know what to do if it were my trailer but am unclear about if a person owns their trailer and is just renting the space. Thank you.
Kelly Nix, California

A:
It sounds like this woman may have passed away. You didn't mention if the rent is being paid. If it is, someone's taken over her rental. You can evict your new "tenant" with the same procedure as the prior owner if you want.

Dear Mr. Reno:
Is a previous tenants' signature required before releasing information regarding his/her rental information for verification and reference? - Jill Oest, Illinois

A:
I'm not aware of any legal requirement. But if you're concerned about it, you can require it.

Dear Mr. Reno:
I have a tenant that pays on time but she insists on using a fire place heater for emotional reasons. This heater has interrupted the circuit twice so far; this heater pulls 12.5 amps on its own. I have asked for her not to us this heater. I have now put this in writing. The question is can I charge her for the bills in getting this problem fixed since it was not in writing before I call in the electrician?? - Barbara Or. (Property Manager)

A:
That's problematic. Your lease probably doesn't provide for this charge, and you can't unilatterally change the terms of your rental arrangement, even though you "put it in writing". Remember your ace in the hole: there's no law that you need to renew their lease. Or if there is no lease, there's nothing preventing you from terminating the rental. In your next letter, make it clear what the ramifications could be if they continue this conduct.

Next 7 questions, published Jan 26, 2008

Dear Mr. Reno:
How do you legally get rid of problem residents in a building? They are selling drugs from their apt. They are leaving tape in the lock so people can get in, or removing the lock entirely, or leaving their windows open so people can get in.. They pay the rent on time, of course. Yvonne, Illinois.

A:
The hardest thing to do in L/T Court is to evict tenants for their conduct. I could count on one hand the # of times I've seen it done successfully, even if I'd lost a few fingers. Wait until their leases expire, don't renew, and serve notices to vacate. That's my advice.

Dear Mr. Reno:
I have given a three day notice/ 30 day notice. It went to court and the judge still gave them 10 more days. How can I get them out faster. There is no heat in the house, and I have the property up for auction on January 26 2008. There ten days includes that date. Thank You. - Norm Krieger

A:
Judges around here also give 10 days extra. I don't know why- its just customary. Nothing we can do. The 10 days will be half gone by time you get this answer.

Dear Mr. Reno:
I recently had a fire in a rental property: I have a $1,000 security deposit and also have a $1,000 copay with my insurance. I do not plan on giving any of her deposit back. On top of the copay, I have incurred other expenses due to the fire and their negligence. Do I need to send a letter explaining why I am not refunding any of her deposit. She is not asking for it? Thanks. - Erik from Minnesota

A:
I wouldn't send the letter, Let sleeping dogs Lay.

Dear Mr. Reno:
I’m Chuck Damren and run a small but working to upscale my rental property business called Damren Properties based in Georgia. I recently had a property in Florida, managed by a real estate company, where the last tenants vacated and left items behind – a non-functional hot-tub and a piece of furniture. I’ve changed property management companies and they say I can dispose of the property at my choosing. Is that right or should I at least try to send a letter to the previous tenants and can I demand payment for the removal? They vacated on 11/30/07 without a forwarding address and it’s now 1/20/08. - Chuck Damren, GA

A:
This problem keeps coming up. I say 60 days (you're almost there) and its abanonded. That's just my opinion, everyone seems to have one.

Dear Mr. Reno:
I am a single dad, with an 8 yr old daughter. A couple of years ago I let a friend move into my 3 bedroom brick ranch. No contracts just a verbal agreement. Since then, I have caught him smoking, in the bathroom. My daughter's room is next to it and I noticed dark stains on the top of the wall. I found out he smokes before his shower and the smoke mixes with the steam and enters the hall, which caused the stains. Smoking in the house was never allowed. Next, he plays drums till 9pm. Our agreement was never after 8pm, unless I wasn't home or it was prearranged. He now says he has the right to play, because he pays rent. Thirdly, the post of his drum chair has punched holes in my perfectly good linoleum floor. He has also been drinking my booze, which I keep on hand for guests. I know his driver's liscense and mail still is registered at his parents, if that helps.

I was thinking about writing him a 30 day letter and having a friend witness me handing it to him. As a motivator, I'm also considering demanding he pays for professional painting and flooring, unless he moves out in less than 30 days. Am I anywhere near legite?
Thanks- Daniel in Michigan.

A:
You are cleared for take -off. There's no lease. Serve your notice.

Dear Mr. Reno:
I have a two unit building. I live in one unit and rent the other flat to a tenant on a month to month lease. The property is in San Francisco, California. My tenant had informed me that the light in the bathroom was not working. It turned out to be an electrical wiring problem so I hired an electrician to come out and repair the problem.

I had originally wanted to schedule an electrician to do the repair over during Thanksgiving week since I would generally be around to let the electrician in while my tenant was at work. He asked me to wait for another week since he would be having guests that week. I scheduled the repair for the week he requested.

Sometime during the day when the electrician was doing the repair, my tenant had an expensive bicycle stolen.

I don't know if these are important facts but I will lay out some of the facts that I think might be relevant to the question I am about to ask. In San Francisco, many of the units are flats, including mine. There is a service alley that provides access to my back door and the tenants front door. The door to the service alley which leads to the front of the house has a lock and a deadbolt on it. The tenant stored his bicycle right outside of his front door (inside the service way but outside of his unit).

I had received permission from the tennant to let the electrician into his unit to perform the necessary repairs. On day one, my wife let the electrician into the tenants apartment as agreeed. The tenant was actually home sick. The electrician was unable to perform the repair and informed us that he would need to return the next day with some additional equipment to perform the repair. We again obtained permission from the tenant to enter the premises for repair and let the electrician in again the next day. The tenant was home sick again. My wife had to leave to take my son to a class so she left the electrician unattended at the house.

The electrician finished the job on day two and left the premises. Later that evening, the tenant informed us that his bicycle was missing and that the service door was left unlocked.

Due to the fact that we were traveling shortly thereafter, it took us a couple of weeks to get a hold of the electrician in person so we could discuss it with him. It was actually the tenant that was able to get a hold of him and discuss it with him first. The electrician initially agreed to pay for the tenants bike but then he mentioned that he spoke to an attorney in small claims court who advised that he was not liable to the tenant. (This conversation took place in person between my tenant and the electrician who had to come out to fix another problem they caused).

I asked the tenant if he filed a police report. I don't know if he has or not yet but when I asked him three weeks after the event he said he "was going to". I do have a clause in the month to month agreement that the tenant is required to have renters insurance.

The question I have for you is: Am I liable for the tenants loss given the facts above.

Regardless of the answer I am still going to offer to at least split the deductible with him, regardless of whether I am required to or not. He is a good tenant and I don't want this to create any ill will.

It's a lot of information above but I am curious as to my liablity.

PS: Some questions that might come to mind are: Did the tenant use this as an opportunity to get rid of a bike he never rode, or did the electrician decide to take the bike since no one was around? I strongly believe the answer to both of these questions is no. I believe that both the electrician and my tenant are honest and I believe the bicycle was truly stolen by someone either watching the house or walking by along the street.
Best Regards, Mark Stefan, CA

A:
I think you've taken a mature, reasonable position. You're probably not liable, but if the electrician was negligent, you might be responsible because he's your agent. On the other hand, you have a criminal act (theft) by a 3rd party, so maybe neither of you are liable. It's very complicated, but many innocent people still end up in Court. How much are we talking about here? If it's a good tenant, try to resolve it without declaring World War III.

Dear Mr. Reno:

What is your advice and the steps I need to take for getting my broker’s attorney involved in the case below regarding bounced check for last month of tenancy? I’m concerned about using her security deposit for rent because of past due late and bounced check fees and property condition. If she doesn’t properly clean it could require as much as $1,000 to prepare for new tenant.

The January rent check bounced this last month of the tenant’s lease. Technically her lease is up the end of Feb.’08 but I let her out of the lease 1 month early. She has a history of late payments with 2 - 5 day demand letters and is her 2nd bounced check. Cashier’s checks or money orders were the only payment method accepted until these last 2 months when she slipped her personal check under the door after hours and it was so late I deposited it. Dec. cleared.

In her Vacate Notice Instructions I printed TENANT MAY NOT USE SECURITY DEPOSIT AS LAST MONTH'S RENT (RA, page 2 # 8). She said she knew this when I dropped in to her flower shop to provide another copy with that sentence highlighted. The second visit to the flower shop she said she was trying to pull the cash together. I next sent the following email which I’ve changed to blue font:

Writing bad checks is serious:

HAWAII Civil Penalty - $100 or three times the amount of the check, whichever is greater, not to exceed $500.
Criminal Penalty - Misdemeanor for all amounts
Prima Facie - If not paid within 10 days after actual receipt of notice of dishonor.
Service Charge - $30 Statutory Citation - Sections 490:3-503, 490:3-506.5 & 708-857
I can step back and let the process take over but I’m trying to help you.

Call me ASAP with your plan!

If not tomorrow, the first of next week you will hear from by broker’s attorney. He discussed legal action when your April rent check bounced. May and Dec failure to pay put in motion eviction proceedings with 5 day demand letters not to mention your late rent check in Nov. He has no qualms at moving forward. The check bounced on the 9th. When legal action is taken against you there is no leeway or turning back. Nothing is more important than covering your bounced check!

As I said in my phone message earlier I’ve always supported you with your business endeavors and believed in you. If you brush this off and put it on hold you will pay the price of having your record tarnished.

One more thing…….you might not realize that your debt is with the real estate firm. They paid the owner several days after your check was deposited.

I wish to remain anonymous if you decide to publish this. - from Kauai, HI

A:
WOW!!! That's quite a letter, but I'm not sure I know what your question was. I don't know how you would get your "broker's attorney involved" as you say, if he doesn't want to, but you could ask him to get the police involved by making a complaint. And the police wont charge you!

Next 15 questions, Jan 20 - 24, 2008

Dear Mr. Reno:
1) A house we rent out was egged by someone who was mad at the son of our tenant. There is nothing in the lease addressing vandalism invoked by the renter. Who is responsible for cleaning up the mess? It is freezing in North Dakota which makes it very difficult to clean. 2) If a tenant is responsible to pay the utilities which are in the tenants name and they have not been paid for so long that the utilities are going to be disconnected is that grounds for eviction? Sandi Brick, Mandan, North Dakota

A:
1. You can't blame the tenant for vandalism because it's the criminal act of a third party. A person is never responsible for someone else's criminal act unless he's an accomplice.

2. I can only tell you the rule in NY. I tried to evict a tenant for nonpayment of electric and lost. The L/T Court said I could only evict for nonpayment of rent. The LPA Lease solves this problem by making the obligation to pay electric (and other things) "added rent". This has been upheld by the Courts. Translation: You can only evict for non-payment of electric if your lease expressly says you can.

Dear Mr. Reno:
I have a question related to potential liability due to a bad furnace. I own a single rental house in my neighborhood and have a tenant and a lease since August. The furnace stopped working last night and I had someone check it out this afternoon. Although not the cause of the malfunction, I was told that the furnace was old, with cracks, and was a carbon monoxide risk. The tenant was advised not to stay there because she could "be dead in the morning." I have not had the furnace serviced in recent years nor do I have a CO detector in the house.
The tenant is understandably upset that I failed to meet the pledge to maintain the house (stated in the lease). Although she hasn't made any requests, some of her comments suggest that she may expect some major compensation for having a potentially dangerous situation with the old furnace.
Of course, I am working immediately to repair or replace the furnace but am also concerned about any financial or legal repercussions. Any advice or suggestions?
Thank you, Willi,
Durham, North Carolina

A:
Sounds like you're on top of it. The important thing is that you act on the information as soon as it's brought to your attention. People think the homeowner is always liable- that's a myth. You're only liable when you're put on notice and ignore the situation.

Dear Mr. Reno:
My cousin is currently living in an apartment on Long Island. Her lease expires in July but wants to move out of the apartment in January or February since she is expecting a child and the apartment is no longer large enough. She mentioned this to her landlord to see if they could work something out, but he threatened legal action. The other important issue is that the apartment is an illegal apartment. He has three families living in the house illegally. Can he sue her in court for the rent once she moves out if the apartment is illegal?
Thank You!
Dana Rose, New York

A:
You have a point. Have your cousin check with the Town for a rental permit. If the apartment is illegal, the tenant still owes rent, but the Landlord can't force the tenant to stay because the lease is unenforceable. You should still give 30 days written notice.

Dear Mr. Reno:
We have a two family owner occupied house. Our tenant complains about everything. She is very rude to our workmen as well as to us and she is very demanding. If something goes wrong "the world is coming to an end and we caused it". For example, there was some black ice in the driveway and she said she slipped. She demanded that we change a light bulb in an outside fixture although the entire driveway is illuminated by floodlights and that is not good enough for her. As she states in all her complaints, "That is not acceptable."

We are afraid that she might take some legal action (even though there is no cause). Our driveway is always cleared, salted and sanded promptly by our snow removal service and we take care of all other maintenance promptly.

She is very trying on our nerves. We are extremely polite to her but we would really like to tell her off.
How should we handle her? Thank you.
Sincerely,
Henry A. Goodman, Lynn, MA

A:
If it's month to month, why don't you give her a 30 day notice? If she has a lease, you are stuck with her. You can't legally break lease for rudeness. That would not be "acceptable."

Dear Mr. Reno:
I have two questions for you and I know you are busy so I will make them as short as possible.
1. I have a home Owner that wants to discharge a lease because a Tenant has paid there rent but failed to transfer the utilities in there name. And because they added another person to the home over 18 without permission. Can she do that provided that the Lease says if everything is not in compliance she can evicted and or request full payments on lease?
2. Considering I am the manager and I am not an attorney Can I evict considering I act as a POA for her considering she lives out of state and considering or will an attorney have to do the eviction?
Jim

A:
1. Only if the lease specifically states these items are violations.
2. In most Courts, you can commence a proceeding with a power of attorney. You should ask the clerk at the Court where the evictions are done if they'll allow it. (They do here in NY.)

Dear Mr. Reno:
My tenant has not paid the cost of the water damage she caused by negligence. I gave her a deadline 2 months ago. She keeps on saying that it was not her fault to flood the apartment by the misuse of the kitchen sink. I have sent her the detailed invoice of the plumber with the description of the job done last year.

What should I do? She has also caused damage to the main door and other parts of the house by her guests/herself. She told me lately to use the deposit money. I think she's not going to pay the rent. I can't trust her.
Margaret Diaz, San Diego, CA

A:
You may need to just get past this. If she doesn't pay the rent, that's one thing, and evict immediately. Otherwise, I wouldn't evict her for this. Just deduct it from her security at the end. Why? Because the cost of eviction, re-rental, and loss of rent is probably more than your invoice.

Dear Mr. Reno:
Question: I have a tenant who is now 2 months late on rent. I'm tired of the excuses and need to serve him with a notice to vacate. The problem is I cannot locate him to serve him with the notice to vacate. He says he went out of town for a few weeks. How do I initiate the eviction process when I cannot find him to serve him with a notice to vacate? Thanks.
- Scott, Houston, TX

A:
Each state has its own method. In NY, you make 3 attempts at the house, and then you attach it to the door, and mail it regular and certified mail. They call that "Nail & Mail" service. I don't know the procedure in your area. You'll have to find out. When there's a will, there's a way.

Dear Mr. Reno:
Last November my Tenants asked for a copy of their lease, they lease my house for a year before and wanted a new six month lease. Then in December, they indicated that they would be moving back to Virginia sometime in 2008. Since their new Lease was until April 17 of 2008, they said they would honor their lease until I was able to find a new tenant and pay for advertising cost (up to $500 limit). I found out on New Years day, that they left the State and moved back to Virginia without paying for the month of January ($1100). I spend over $580 to clean the carpets, patch holes in the walls, repaint some walls, and remove Wall paper in one bedroom and for advertisement cost. I when to Metro court to file for non-payment and breach of lease agreement, but I can't serve the civil case since they left no forwarding address. I tried going to the post office and they said that I needed a court order to get their new address in Virginia. Is there any way I can get their new forwarding address in order to serve them with the court documents? Thank you. - Ronald Flores, Albuquerque, New Mexico

A:
The post office used to give forwarding addresses, but they changed their policy years ago. Now everything is confidential because of identity theft. Try the internet for websites to find "missing persons."

Dear Mr. Reno:
I had to evict a tenant last summer and it cost me about $750 in attorney fees. They had extra dogs, destroyed the carpet and did not remove all of their items, as was stipulated in the eviction court order. Now, I found out this evicted tenant somehow got a judgment on my house for $1,500. Turns out, they obtained a sheriff's notice claiming I was served for this case at my school. I was never served! I am currently working with the sheriff's department to find out why this sheriff claims I was served when I was not. I am a teacher and have proof from my school that I was teaching and no one came to serve me. My attorney said it would cost $1,500 in attorney fees to get the $1,500 lien removed! This tenant does not deserve a judgment for anything and I certainly should not have a judgment against me. As a teacher, judgments count against us.

What options do I have? The problem started with the notice the sheriff claimed to have served against me, but never did. Shouldn't the sheriff's department be liable to get this whole mess straightened out? Another problem is that the house is in Colorado, but the sheriff's office is in Georgia, where I teach.
Many thanks, Charlene, CO

A:
You need to go to the Courthouse where the tenant got the judgment. Tell them you want to reopen the judgment. Most Courts have a form you can fill out. They have a form because it happens all the time. You never knew you were being sued (probably for security) and they got a default judgment. It's not the Sheriff's fault- it's the system.

Dear Mr. Reno:
I had a tenant move out with giving a 30 day notice when we had a 60 day verbal agreement. Also I used the LPA sheet to subtract damages from their deposit. I received a summons for conciliation court stating that I withheld there deposit and gave them incorrect CRP forms for rent paid. I sent a certified letter explaining the charges and the CRP forms I do not have receipts for all as the guys who did the repairs asked for 400.00 for labor and minor items. I have the cancelled checks for them but some work has not been completed due to winter will this cause me a problem ?
Dianne

A:
You need either canceled checks or receipts if you paid case, one or the other should do.

Dear Mr. Reno:
There are three tenants on the month-to-month agreement. One of the tenants claims another has vacated the property. The supposed "vacater" claims he has not vacated, he's just been on vacation and spending time with his girlfriend and family (approximately 3 months). The rent comes in the form of one money order so I cannot tell who is paying rent. Now, the supposed "remaining" tenants want the supposed "vacater" off of the agreement. What do I do?
Jody Vegas

A:
That's their problem- not yours. They need to pay the whole rent, or they all get evicted. You can't take sides. You have one tenant with 3 heads. They can chop one off, if they want, but you can't.

Dear Mr. Reno:
I have a serious situation here. My husband, our 2 daughters and I live in Public Housing and we just received an eviction notice saying we were being evicted for not paying rent and we have until Jan 16, 2008 at 3:00pm to contact the office for a hearing. Here are the real stickers though. The last lease we received from Housing stated we had a rent of $0, this was dated starting Sept. Since then I have been working and notified them of it and we still have not received any papers stating we owe rent and how much. On top of that we never received a notice of violation of lease this month until we got the letter w/ subheading RE: Eviction yesterday. The letter is dated Jan 11 and they said the eviction will be effective Jan 21. On top of that my husband and I have been married over a year now and the letter was addressed to my husband and my former last name on mine. My husband says not to worry, but I am unable to sleep since this came in. Seems to me there are several violations of what I believed to be eviction laws here, but then again I am not that educated when it comes to laws.
Sincerely,
Angela, PA

A:
It sounds like the people evicting you have some explaining to do. If they can't tell you what your rent is, I don't get it. You may have to appear in Court in order to get an explanation. Until then, I would suggest you pay the old rent. And, if you find out in Court the rent has changed without your knowledge (which makes no sense) be prepared in Court to pay the increase, just in case the judge orders you to. This is truly bizarre!

Dear Mr. Reno:
I have been managing properties for an individual in Missouri for 5 years and when I have an eviction I fill out the proper paper work submit to the court and the owner himself has gone to court on each case. We have now expanded the company to a property management company and have not yet incorporated but we now have multi-home owners that we are managing for, it has not occurred yet but if I have an eviction for another owner how should we go about handling that as the owners have entrusted us to take care of all of this for them? Our evictions now as an individual take less than 30 days and I can have a tenant out as quick as 10 days after judgment I need to know if the procedures are different as a company? Thank you for your help it is greatly appreciated.
Thank you, Misty, Missouri

A:
The procedure should be pretty much the same, with one exception: Who is the landlord now? You might think it's the home owner but when there's an intermediary involved like yourself, it gets tricky. I had an eviction in NY which was dismissed because the judge said the lease was in the name of the property management company and all the notices were from the agent, so the landlord was not the owner, so far as the tenant was concerned. So beware.

Dear Mr. Reno:
My landlord just gave me a 3day notice to vacate because she is operating under the assumption that I’m smoking in my apt because I had "a window open" and its too cold outside to open windows??? What rights do I have? Also she states in the handwritten note that she will be retaining my deposit.
Best,
Marisa, Utah

A:
You have the right to stay unless you've violated the lease. the burden is on the landlord to prove it. I don't think your going anywhere, anytime soon. By the way, if the heat is on, DON'T OPEN THE WINDOWS! (Thank You.)

Dear Mr. Reno:
I have a tenant who stated they wanted out of their rental agreement. I returned their security deposit to them & we parted ways. 5 days later she comes back & wants to get back into the apartment for some items she left behind. I had already thrown them out. She stated that by law, I had to hold them for 30 days? What is the law on this situation? Monique Emery, Upstate New York

A:
No one seems to know where the answer is to that question, myself included. There is no "30 day" rule, as far as I know. However, you cannot dispose of someone's property without authorization, but you can throw out their garbage so it’s a big murky grey area. Under these facts, I think you’re ok, because the tenant abandoned the premises by mutual agreement, so, by implication, she abandoned her property and implicitly authorized you to dispose of it. But that's my opinion. The only one whose opinion will matter will be the guy wearing the robe in small claims court.

Dear Mr. Reno:
I have been having Ongoing 'problems with My Landlords Managers who have 'been "Harassing and Discriminating against me - and not providing 'services to me that are "required by Law- as a 'Tenant'.

Under pressure - I filed a 30-day Notice last month- but i have since decided I wish to stay and Pursue Legal action against the Landlord.

Can I rescind or 'extend- my '30 Day notice 'to Vacate to a '60 -day?
Thank you. Ann Carlson, California

A:
First thing you should do is pay the rent in advance. If the landlord accepts it, your notice will be null and void. If the landlord rejects it, you have a problem. I am not aware of any right a tenant has to rescind their own termination notice. Maybe there's some special rule in California, but I doubt it.

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