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 2008-03-12

Dear Mr. Reno:
I allowed this tenant to move in three weeks prior to the landlord tenant agreement. He paid one month security ($425.00) and has since subsequently paid $380.00 for the month of October, $220.00 in December and $120.00 in January. I just fund out that this tenant has ben arrested and in jail since February 6th and will not know his outcome until March 6th. (possession of drugs) How soon can I evict him and do I have a right to keep his security money? (Tenant owes six months @$425.00 minus the $720 which he paid)

Louise J, Pennsylvania

A: How soon can you evict them? You should have started in Jan. What are you waiting for? And keep the security.

Dear Mr. Reno:
What is the length of time a LL has to return a security deposit and provide a settlement statement in New York? Once the settlement statement has been mailed and delivered to tenant, can the LL make additions or modifications to the settlement statement? Especially in the case of undetermined expenses, such as hidden damages (missing items not noticed). Is the owner allowed to charge for their own repairs or is a contractor required to get a true estimate of cost? Thanks in advance.

Benjamin (NYC)

A: You're asking for trouble if you fool around like this. You've got 30 days. Take your time and get it right the first time.

Dear Mr. Reno:
I am experiencing my first bout of landlord hell, I purchased a town home a couple of years ago and lived in it a year I have never missed a mortgage payment. I moved into a house because it was closer to work and what I really wanted to be in. I rented out my townhome and I have fallen behind bad in the mortgage due to the tenants not paying rent and I not being able to pay both mortgages. I am going to court for eviction next week and they are 5000.00 behind, I know they want have the money in court so I will get the judgment but how do I go about suing them or using a collection to get what they owe me. They have lived rent free off of me for 4 months. I am also wanting to know how to do a deed in lieu of foreclosure on the townhome because I do not want to be a landlord and I can not afford two places.

Channon Moore GA.

A: (1) After you get the judgment, find their bank or their job and get back to me. (2) Call customer service at bank. They'll prepare the deed.

Dear Mr. Reno:
I have a section 8 tenant who is month to month, the lease is in her name and her underage daughter. She has over ten people (not on the lease) living in the two bedroom apartment in violation of her lease. I have served her a notice to cure according to the law of the District of Columbia, she did not respond. I filled a complaint for possession of real estate and we have a hearing coming up shortly. What do I need to prove my case in court? None of the other tenants is willing to testify in court.

Mustseeapartments

A: You need to prove who lives there. Take photos of the cars and license plates, videotape the tenants. Good luck, It's tough to evict for cause.

Dear Mr. Reno:
We have a home we rent on a month to month lease. our tenants have been problematic from the start. they moved in while we were still working on it and offered to finish up the repairs for a rent discount at a later time. they were to paint two rooms, install wall panels my husband had cut and cut and glue down a small piece of linoleum in a hallway. i called them several times and left a message to see if they needed materials and they never returned my calls. we kept trying to set up an appt to do a regular inspection and they kept making excuses. finally we told them we were coming anyway. suddenly they needed supplies to complete the jobs. we show up for the inspection and the back porch has so much garbage on it. it was blocking two exit doors. the front porch had boxes piled up on it and the house was terrible. they had a dog in their car and a cat on the porch that kept running in the house. (we have a no pet policy) needless to say most of the work wasn't done. they failed their inspection due to the pets, garbage, and not up keeping the home. we sent them notification. they said they needed even more supplies and then a few days later informed us they were getting a dog and would be paying a pet fee when they paid the rent. we informed them they had to pay the fee and fill out an application. we were told they already had the dog. when we went back to do a follow up inspection the dog was locked up in the bathroom in my house....scratching the door i painted and the new floor tile i had put in before they moved in. we gave them a pet addendum that stated under no circumstances was that dog staying in my house. we told them the dog had to go outside. we went by again and the dog was inside. according to them it was in a cage inside the home. i informed them yet again the dog had to go outside and that this was a violation of the agreement and they had a 30 day lease they were violating. yesterday i did two drive by inspections and the dog was inside. i called and said i was on my way and shortly thereafter pulled into the drive just in time to catch them chaining it in the yard. it did not go well after that. it ended up with the wife telling me she was going to tear down everything they had done to the home when they moved in and that they would damage the home. they gave us 30 days notice. i sent them a letter today informing them their notice was acknowledged and that they had 30 days from the 28th to vacate. my question is......can we get rid of them sooner since they threatened the home...and does the 30 days start now or after the lease ends? -

phyllis albright....ky

A: As soon as you told me they would be doing work for rent, I knew disaster was looming. I hope you've learned your lesson. We all learn the hard way, even lawyers. Start the eviction on 4/1/08.

Dear Mr. Reno:
1) Can a landlord charge fees ("rent") for tenant's guests if guests stay for x number of days on the premises.? 2) Is the answer is yes, how much (per person) and how many days can one charge? Thanks

Kelly, NY

A: No. Unless you have something special in your lease- but I've never seen it! Sorry.

Dear Mr. Reno:
I live in Inglewood,Ca., I have a tenant who makes repairs at will without my permission and then deduct the repairs from the rent. I have asked her not to make any repairs without my approval,but she continues to do so. An example of the repairs are, installing ceiling fans in every room, nothing I would do in a rental property, changing faucets because they are cuter than the ones that are in place.,etc. What can I do? -

Makeda Queen

A: You can commence an eviction for non-payment anytime now. He will undoubtedly use his repairs as a defense. He will LOSE! If you want, give him an opportunity to pay back the missing rent by a schedule before evicting. By the way, are you willing to give him any credit? You have the right to all your rent, but there's no law against compromise.

Dear Mr. Reno:
IF YOU SEND A 3 DAYS NOTICE TO THE TENANT . IT SAYS FROM THE DATE OF DELIVERY OF THIS NOTICE, TO WIT ON OR BEFORE THE FOLL.DATE 13-FEB 2008 AND EVEN THOUGH YOU WAITED UNTIL A WEEK LATER,THE FACT THAT YOU DID NOT GAVE THE TENNANT A DEAD LINE,WHY SHOULD THE JUDGE CAST IN FAVOR OF THE TENNANT. WHAT CAN I DO NOW I NEED TO GET THE MONEY TO PAY MY MORTGAGE.HELP

ELAINE THOMPSON FROM FLORIDA.

A: They do get very technical on notices to vacate. You need a deadline date, and then serve it more that 3 days before the deadline (if its a 3 day notice). I don't see the logic either- I agree with you. But like I said before, we landlords (& lawyers) have to learn from our mistakes. Try again.

Published 2008-03-04

Dear Mr. Reno:
I have a tenant who has been leasing my unit for two years. After the signing of the lease for the second year, they started paying the rent late. I live in California and would like to know if I can renew their lease on a 6 month basis? If they continue paying during this period then I will definitely not renew for another period. Also, what is the law for eviction on a lease? I hope this is clear! Thank you for your advice. Sincerely

Gwen M.

A: Yes, you're under no obligation to sign up for another year (unless that's a special California thing- I've never heard of it) I believe six months or month to month is fine.

Dear Mr. Reno:
I inherited a section 8 tenant with a property I purchased. The property was owned and managed by HUD. They did not have keys for this one unit. We have written and also verbally requested a copy of the keys from the tenant so we could have access for maintenance and emergency purposes. I am still waiting. Mean while the HUD inspector, after 3 attempts to enter the unit for the yearly inspection, indicated that there was a leak in the bathroom and damage to the first floor ceiling from the leak, which a requested to have fixed was made. Several broken and missed appointments by the tenant later, the leak is still leaking and causing more damage. And yes all copies of correspondence with said tenant have been sent to the case worker. My question is can I just break the lock to get in to the unit to make the repairs, inorder to prevent further damage to the unit?

Adam Perlin, New Jersey

A: You need to review the lease. There should be a section about your rights, if any, to access without the tenant's permission. You inherited a tenant with a lease and are bound by the terms of that lease even though you never signed it. (By the way, while your reviewing the lease, you should also look for your rights to "termination" since you'll probably have to evict these people in the near future.

Dear Mr. Reno:
My brother passed away due to cancer. The landlord now says he has broken the lease. He will not return the security deposit. Is death a valid reason for breaking the lease. He lived in the same apartment for 15 years. I am the power of attorney. Respectfully,

James V.

A: Sorry. Death is not a valid reason for breaking a lease.

Published 2008-02-26

Dear Mr. Reno:
I have been trying to evict my nightmarish tenant for non-payment. We are at the final eviction stages now (i guess), anytime the marshalls give her a notice to leave, she does an order to show cause for some reason or another for the 3rd time now. This time around, she is showing cause due to my illegal basement. What do you think is likely to happen in court, what should i expect? She wants to live there for free till she can find a place (which i can't agree to cos she intends to live there as long as she can for free) and she hasn't paid me in 8 months. What do you advice i do?-

Senia Jones-Eko, New York

A: It's been said that "the wheels of justice grind slowly" and especially when a deadbeat like this keeps throwing a monkey wrench into the works. I rarely see more than 2 Orders to show cause and I've never seen more than 3. I believe you’re at the end of your nightmare. Hang in there

Dear Mr. Reno:
I have a tenant who vacated leaving me with 2 months unpaid rent for which I had a 2 month security deposit I’m sure he figured would cover it, but he also left me with about $5000 in damages to the property above and beyond simple painting and cleaning i.e. broken windows, broken garage door and appliances. Since he’s gone and I don’t know where to find him to take him to court, I’m still wondering if I can issue him a 1099-C forgiveness of debt for the amount of what I had to put out because of him? I guess I would get some satisfaction of knowing he gets to deal with the IRS over this. Thank you.

Leesa McCallum – Illinois

A: I think you'd have to sue first and get a judgment. Then you could forgive payment on the judgment. To send a 1099-C at this juncture, is probably premature forgiveness. Ask your tax preparer for a second opinion. (it's really a tax question.)

Dear Mr. Reno:
I live in Texas and have a tenant who has been delinquent on rent for 2 months. I am sending out the pay or quit notice… but it looks like we will be filing an eviction notice. If an eviction is filed are they accountable for the remainder of the rent on their rental agreement as well as the court costs, etc.?

A: Usually the way it works is you only get rent in eviction court up to and including the month of court, plus court costs and legal fees only if its in the rental agreement. Thereafter, when the apartment has been re-rented or when the lease expires, you can go back to court and sue for the time the apartment is vacant during the lease period.

Published 2008-02-22

Dear Mr. Reno:
I have a tenant in VA who was a friend of mine when he first moved in. He did sign a lease but it was agreed that he would not have to pay a security deposit because he did not have the money. Instead he agreed to paint the interior of the house. Nothing in the lease talks about the security deposit because of this reason. It was all verbal. I would have painted the home myself but it would have taken me longer and he said he would do it. He has now issued me a letter stating that he is moving out on February 10 and needs his security deposit. Since he never paid a deposit, do I owe him this money? He moved in on September 21. His lease was for a year but since then he has had pets on the premises which is a direct violation of the lease agreement. I tried to address this with him and he states that I invaded his privacy and that's the reason for him terminating the lease. If he doesn't move out by February 10, what do I do next?

Nicole Rhoten

A: You can evict him, but not his pets. No. Just kidding, you should evict them all for non-payment on 2/10/08 (I'm assuming he wont pay February.) He can't make you return the security if he never paid it, and he will have to prove it.

Dear Mr. Reno:
My partner and I just sent out a non renewal of lease form approximately january 28th, we gave the tenant 60 days notice before the lease was to terminate The tenant moved out the first week in january claiming we through her out in the middle of the winter...so we had no notice she was leaving early After she left we found out someone called the utility company back in october and told them that they were not to transfer the utilities into the tenants name, but that they were to remain in the landlords name....the utility company could not have gotten the secure information to do this, and can only say....a man called making this statement they have no name on record for the call ....the bill is 3000.00 who is responsible for these charges? the tenant or the utility company? do we need to proceed with eviction? or go to small claims court? Thank you for you time,

Philip Walker, NYS

A: This is why I'm a fan of putting utilities in the tenant's name. You can sue the tenant in small claims for this bill, but meanwhile, you'll have to pay it to keep the lights on. (No eviction needed-tenant left.)

Dear Mr. Reno:
Out renter moved out November 30, 2007, with 15 days notice over the phone. The rented agreed over the phone to their responsibilities for breaking the lease, which I specifically explained to her. They signed a lease for 2 years on August 3, 2006. They told me they didn't know where their copy was. To my surprise and chagrin, when I looked in my file, and my copy of the signed lease was missing and I have been unable to locate it. I have a copy on my computer, of course, not signed. They left the premises with $700.00 cleaning and damages; $787.50 for rent until the property was rerented. How much of the lease can I hold them to? I will have to take them to court. Lease attached. Thank you,

M. Nancy Pope - Oklahoma

A: You can probably just get one month rent, for insufficient notice, and the cleaning bill (if you have paid bills). That's about it, without a signed lease.

Dear Mr. Reno:
I have a tenant who has fallen in the yard. We have no lease agreement but was told I do not shovel walks or the porches that is up to the tenants. We have had a bad winter of ice and snow, she has fallen twice. Knocked out a tooth, blackend an eye. The tooth is a denture which she has broken before when she fell. Though not renting from me at the time. I plow the yard but that is all I do. Am I liable? Thanks, Kerry Holmes,

Alexander,ME

A: If she sues your homeowners insurance will cover it. Usually they settle.

Dear Mr. Reno:
I have an old tenant (that was evicted), who has not paid what the judge says she owes. I do not have a current address on her, but I know where she works and have her SS #. Is there anything I can do? Thank You,

Vina Statua, MS

A: You can garnish her pay. You may need to call a collection agency for help or try your sheriff directly.

Dear Mr. Reno:
I have tenants that do not want to pay because home is in foreclosure, I explained to the tenant the Landlord have a 6 months redemption period to get caught up. Some will still pay others try to stay for free. My Question is as long as they are in the home they are responsible to pay?

Idella Ward, MI

A: Yes they are! That's a mistake many tenants make (and some lawyers). You should start the nonpayment eviction now.

Dear Mr. Reno:
My question is that the association at my rental unit is planning on tenting the complex for termites. They say it will be a three (3) day process of which all residents will have to vacate the premises for those three (3) days. My question is regarding my renters - what are my responsibilities regarding compensation to them if any for needing to vacate the premises for those three days? They are good tenants and if nothing else as a good gesture I am willing to prorate those three days out of their rent but in the event that push comes to shove regarding them needing to stay at a hotel (which would be more expensive than the prorated rent) I would like to be able to stand pat that legally I only have to do a certain amount or nothing at all. Thank you for your time and consideration into this matter.

Rubio Medina, Southern California

A: I believe your only responsibility is the prorated rent.

Dear Mr. Reno:
My tenant finally moved out after going to court. I got a judgment against her for the 2 months rent she owes me. She called me yesterday and told me she would pay me on Friday when she gets her tax refund. At this time, she has no idea I filed the paperwork to take her to small claims court due to the fact she trashed my house. I've already spent $4,000 for materials and labor. Today the process server called me and told me my tenant was no longer working at her job. How do I find out where she moved to so I can get her served? All I had was her work address and now she's not there. Naturally I'm going to wait until she pays me on Friday for the back rent she owes me. I had to borrow the money to make the repairs. I'm getting out of the landlord business. She put me in the poor house! Please don't tell me I'm lucky to be getting the back rent. What gives a tenant the right to destroy other people's property and ruin them financially? Thanks,

Mel in Missouri

A: Ok, I won’t tell you you’re lucky. In my state you can sue in small claims with the last known address. A lot of my landlords do it because they don't know where the tenant moved. Try it. If the tenant didn't forward their mail, that's their problem.

Dear Mr. Reno:
My tenant recently passed away. Unfortunately, he committed suicide in the front of the entrance of our building. Following his death, I received a bill for the clean up of the area. Am I responsible for this payment or is the estate of the deceased? Also following his death his estate requested the return of the security deposit however the apartment was not in good shape and was in need of much repair and cleaning? How do I prove that they are not eligible for the return of their security deposit? Thank you.

Eda Caner, OHIO

A: Deduct the bill for cleanup and repairs from the security. You'll need paid receipts if the estate takes you to small claims. I doubt they will.

Dear Mr. Reno:
I have a tenant who is leaving the end of March and insists on using her security deposit to pay her portion of the rent (section 8) The tenant is aware that she cannot do this for the caseworker has advised her of such. The tenant has stipulated in writing that she is still utilizing the security deposit to pay the rent. How do I make sure that this is out by the end of march and can I do a termination of tenancy. The location of the property is in Yonkers, New York. Thank you

Sherena Doldron, New york

A: You cannot guarantee the vacateur unless you start now. But, if you want to wait, there's no big risk because section 8 will pay as long as they're there.

Dear Mr. Reno:
My tenant is about to be thrown away by the sheriff for threatening me and lease non-payment. It remains 1 week until the final day and he sends me the full lease payment. Should I accept the rent? What do I do next?

Mike, PA

A: It depends. Sometimes, the Eviction Judge provides a window of time for payment. I wasn't there. I don't know what the Judge ordered. But since you have objectives, it seems to be best to get them out. I would return it certified mail and continue with the eviction.

Dear Mr. Reno:
I had new tenants move into a townhouse condo in mid-November. They paid $400 security and the remainder of November's rent before moving in. On December 1st, 2007 I didn't receive a check from the tenants, 5 days later, I receive an email from the tenant saying he had not mailed the check yet and wanted to know if I would just pick it up from them. This was very inconvenient, as I was 7 months pregnant, and would have to drive to the other side of town to get the check. I did go pick up the check from the wife at the townhouse condo, and asked them to mail a check in advance in the future. Since then, they have mailed the checks for January, and February in advance so we have received it on time. What I want to know is it too late to give the tenants "notice to quit" in order to evict them based on the fact that December's rent was late?

Ms. Shimmi Sikand

A: You're kidding, right?

Dear Mr. Reno:
I am LPA member in NJ, and I have a question. My tenant is states that she wants to register her daughter in school, and the school will not allow her unless her current contract that ends in June 2008, is renew to cover the next school year. She feels she will lose out if she waits until renewal, so she requests a renewal of contract or an extension, so she can register the child in school, and also that she does not intend to leave. This tenant is at least 85% better than most I've seen, but sometimes violate garbage disposal and smoking restrictions even though she has not admitted to the smoking ban, and I have no other evidence to confront. Please advise, I feel I can still enforce the ban, but should I: 1. Give a new contract till Feb 2009 2. Renew until June 2009 3. Extend until Dec 2008, and renew from Jan 2009 4. Or what ........? Pls, your urgent response will be greatly appreciated.

Anthony Adeyinka, NJ

A: She's paying her rent. That's the key. Renew one year to June 2009.

Dear Mr. Reno:
When my mother in law passed away three years ago my husband and I allowed the man who rented a room from her to continue living in the home. He was a financially strapped 65-year old with alcohol problems, and frequently was late on rent or even borrowed money. We accommodated him because…well…we’re nice people. Recently the mortgage on the home readjusted higher (yes, we’re refinancing). We needed for him to take in a roommate to cover costs. He found a suitable person, and took in $700 in rent and $200 deposit, given in cash. That night he went to a local casino and lost it all. This man had recently developed a gambling problem and was thus also two months behind on rent, plus we loaned him several hundred dollars just to eat. Well, it was too much for him, and he came home from the casino, wrote a note that only said what he had done with the $900 and how sorry he was, and committed suicide. Deep sorrow aside, his grown sons now say they will not repay their father’s debt, and we will be “next in line” after any taxes, probate fees, etc. I know he has nothing except a few valuable pieces from his former glory days. His belongings, such as they are, are still in our house, though they want to go in and collect them. Do we have any rights? If we were “made of money” we wouldn’t care if the debt were repaid, but we struggle to meet expenses ourselves.

Cynthia Mulcahy, California

A: First: You should go to the Court in NJ where they do the estates (in NY it's Surrogates Court). Second: You don't have to release any property to family members until they are appointed Executors or Administrators by the Court.

Dear Mr. Reno:
i have my 22 year old daughter her one year old daughter and my daughters boyfriend renting one room. and my daughters mother renting another room there is no writen contract.between them. they do have mail coming here so the have astableshed resadents.they are all out of control i want them all out of my house. i gave them a written 30 day notice. is there any thing else i can do and if ther not out what can i do legally. thank you

edwin baxter, calif

A: You've already done it. After the 30 days if they're not out, start your eviction.

Dear Mr. Reno:
My name is Laura Wilkerson. I have a rental home that was badly damaged by the tenants and their dogs. I have spent $4988.05 on repairs and the deposits I had were only $1400. I have pictures of the damage and although I don't know where the tenants are now living, I do know that one of them works at the Yuba City post office. I plan to send an certified letter to her there. My question is that I have no idea how to go about composing this letter demanding payment and letting her know that I plan to take her to small claims court if she does not start an aggressive payment plan with me right away. Do you have a standard letter or form I could purchase? Thank you,

Laura

A: I'm sure LPA has something suitably frightening. Ask John Nuzzolese or Ann Kaprat.

Dear Mr. Reno:
I filed dispossessory on a tenant on November 29, 2007. The tenant failed to answer the court within the 7 day period. After a period of time I learned that the person I filed the dispossessory on had passed away. Her live-in boyfriend told me on January 5 that he would bring the rent current and be out by March 1, 2008. Rent is due for December, January, and February, a total of $ 4200. The dispo was filed in her name and “all others residing”. His name is also on the lease. Can I proceed with the request for writ of possession with the dispo I filed in her name or by law will I have to file another dispossessory in his name.

Melinda Klinakis, Georgia

A: The answer to your question varies from place to place, but I'll tell you who to ask. Who does the actual eviction? (here it's the sheriff) That's who you need to direct your question, In my jurisdiction, you can usually get away without changing the paper. But sometimes, it back fires, because the resident claims lack of notice, and the Sheriff makes us start all over.

Published 2008-02-19

Dear Mr. Reno:
When screening a potential tenant is it a good idea to count child support as monthly income? The tenant themselves do not make enough monthly but includes child support as part of their earnings.

Kathleen Klug, Cincinnati Ohio

A: That's a judgment call and is out of my area of expertise. I think personally that the Credit rating is more important than the income.

Dear Mr. Reno:
This is a question about preferred rent. The apartment leases state the current allowed (rent stabilized) rent in the monthly line but a preferred rent amount is used to calculate the yearly amount. i.e. Yearly amount: $12,000 Monthly rent: $1650.00 The tenants have been given preferred rents but a separate document stating that the preferred rent ends with the lease was not given even though a higher monthly amount is stated on the signed lease. Can the rent be increased to the higher amount at the end of the lease or do the tenants have the right to the lower preferred rent as long as they live there? I was not involved with the creation of these leases, otherwise I would not have done it this way. Regards,

Mike from NYC

A: My gut reaction is no, I don't think you can increase it above what they have been paying without permission. Is it possible that you could refer this question to the rent stabilization board for guidance?

Dear Mr. Reno:
We are brand new landlords with a 3BR condo near the University of Nevada which we are renting to our 21 year old daughter and two of her girlfriends since July 2007. One gal has been very spotty with her rent and has not paid the $450.00 deposit yet (due since July). She’s now late again with the Feb 2008 rent. Oh, forgot to mention – we do have a valid, signed 1 year lease… Any suggestions on how to get this late payer out??? Best regards,

Matthew Booher, Reno/Sparks, Nevada

A: This is at least the 3rd question like this I've answered on this website. You say there's a lease, I assume one lease- not three. I know of no legal way to evict one of your three tenants in the same unit for non-payment without evicting all 3 (even your daughter!) She needs to take care of this and either pay her friend's rent or get her out of there. When 3 roommates share the rent in one lease, they're all responsible if the whole rent is not paid.

Dear Mr. Reno:
My former tenants moved to Florida from Connecticut owing me a few months rent and leaving the apartment a mess. I was able to find their new location by doing a "people search" online. Is there a way to recover the past due rent amounts from them even though I did not get a court judgment against them? There are a number of websites out there claiming that they can recover past due rents around the country and report deadbeats to the credit reporting agencies, are these legitimate? Thanks in advance for you response. Regards,

Holly, NY

A: You can't collect without a judgment. You can refer matter to a collection agency which can send threatening letters, but that's all they can do without a judgment.

Dear Mr. Reno:
I had a lease with some tenants that told me they were breaking the lease and using their deposit to pay the rent. They moved out in Oct. 2007 and their lease was not up until Feb. 2008. Since that time I tried to rent it and was not able to get another tenant until Jan. 16th and he is paying about half of the rent that the other tenants were paying. I tried to sell it and it was on the market for about 45 days and then decided to try to rent it again. That's when I got this tenant I have now that has been there for about 3 weeks. My question is: can I go after the people that moved out and broke the lease for the money I have lost? I did not try to evict them, as it is a brand new house and I didn't want them wrecking it and it would have taken me just as long to get them out as the time that they would be moving. What legal rights do I have in this case? Thank you. I live in California

Gina

A: Yes Gina, you can sue for all your lost rent through Feb 2008. I assume they have small claims Court in Cal? You are cleared for take off!

Dear Mr. Reno:
May I limit the number and age of persons who wish to rent my house? The reasons for the restriction are that the house has an underground sewage system which performs best when the number of persons who live in the house is fewer than 2 adults with 2 small children. I know this information because this house was my house. The septic system is a new system but the ability for the ground to absorb liquid during heavy rains is limited and there is nothing that can be done. Thank you,

Michelle

A: You can place a limit on the number of tenants, but maybe not the age. You may inadvertently be violating age discrimination laws. I'd keep away from that.

Dear Mr. Reno:
I have a husband and wife who's one year lease just ran out and they refuse to sign a new lease. They said they want to live month to month. They pay on time but are not good at following rules like parking on the lawn , storing property in the basement. (it's full) when I specifically tell them it is not allowed. What are the pitfalls of letting them stay month to month. Thanks,

Barbara, Connecticut

A: I'm a big fan of the month to month for landlords. Many landlords disagree. I find that the one year lease works to the benefit of the tenant more than the landlord. Your situation is a great example. Your tenants sometimes don't follow the rules. The month to month allows you to serve them a 30 day notice (if you're fed up!) Whereas a lease would prevent it. That's my take.

Dear Mr. Reno:
I have a tenant who owns a mobile home renting a space. She stopped paying her rent last August. She was paying with a direct deposit to my past management company. She went into the PM and said that she was paid in full through her direct deposit. They informed her July 07 was the last payment and that the owner was no longer using their service. She left a phone number which is a cell phone and every time I have called it says the mailbox is full. I've sent 3 day notice, notice of abandonment, left a rent statement on her door every month which is taken with my phone number and to please contact me. Because of her age and living in the park for 35+ years and really thinking she may have died I let this go much longer then I should. Yesterday I tried the cell phone and she answered! Says she is there every night which is not true and she is paid in full through direct deposit. Says she has never received a statement although she is billed utilities and would have to look at the statement to see how much to pay me. Explained the above to her about visiting the PM and bottom line is that she is not going to pay me, not tell me where she is staying, and I have no way to serve her. My next step is to serve a 60 day notice to remove the mobile home. How do I serve this if I can't find her??? Do I have to actually serve her or can I post it on the unit? drop a copy in the mail? Certified mail? (I sent notice of abandonment certified and she never picked it up). THANK YOU!!

Kelly Nix, California

A: Thankfully, you don't have to find a tenant to serve her, there's a procedure- I just don't know what it is in your area. In NY, you make 3 or 4 attempts at the rental, then attached it to the door and mail it regular and certified mail. I'm sure Cal has a similar procedure, but you're going to have to find out exactly what it is because these regulations get very technical.

Dear Mr. Reno:
I had a two-year land contract signed with a tenant. They started to get behind on rent/payment. I had let them know that they needed to get caught up- sent letters, stopped by and we talked, called them a few times-just a few not harassing or anything like that-they always promised that they would get caught up,( a good open communication). Then all the sudden they move. Do I have any legal rights for lost rent, insurance and taxes-all the stuff in the contract they were supposed to pay?

Rick T. Lewis, Michigan

A: Yes, of course you do. Sue them. Try small claims court, I don't know how it works in Michigan- most states have a procedure where you don't need a lawyer if it's under a certain amount (in NY $5000). You too are cleared for take off.

Dear Mr. Reno:
I have a tenant who wants out of his lease to “help his aunt out”… anyway, just to avoid drama, I asked him to give me a notice of intent to move out and he did indicating he would be gone by March 1 and I also put together a buyout agreement stating that he will pay rent that is due until his move out day and then two months rent as part of the buyout (otherwise he still has 8 months left on his lease)…. He did not pay February rent (as he was supposed to per the agreement – and I am fearful that he is just going to sneak out and not pay anything per his lease or agreement. Can I sue him for not honoring his SIGNED agreement or would I sue him for not honoring his lease?

U.Youngblood, St. Louis, Missouri

A: You can start by commencing a non-payment proceeding for February's rent. Once in Court, you'll probably reach a "Court Ordered" settlement, but at the very least you'll at least either get the February rent or get the tenant out.

Dear Mr. Reno:
I am a member of the Landlord protection Agency and would like some of your expertise advise. On December 15th 2007 I informed my tenant that if they do not pay me the two month rent that they owed they will have to leave on January 31 2007, which they agreed. I realize that they were not going to pay me therefore I sent them a thirty day notice by a serving agency. The serving agency did not get any one when he showed up to deliver the notice so he left one under the door, mailed one certified and one by regular mail. The tenant claimed they did not received the notice left under the door on December 31, however the received the certified and regular mail on the 5th of January. I also have a written agreement from the tenant , that they would move out on January 31. Do you think I still have a strong case on the thirty day notice? Another issue I'm having is that these tenant deliberately smoke in the apartment, I can hardly sleep at night because of the overwhelming stench of tobacco and cigarette that cause my children and I nose and throat to burn. I call the police and nothing change. what do I do? sincerely

Pauline Simpson

A: 1. The validity of your 30 day notice is very shaky . You can't prove they got the notice until Jan 5. The agreement doesn't cancel the right to the 30 day notice. On a scale of 1 to 10 I give your notice about a "3" of being upheld, but I have a question for you. Why aren't you evicting the people for non-payment? It's easier and quicker. 2. (See answer to #1)

Dear Mr. Reno:
I am a tenant in Queens NY, where I reside with my mother and brother in a two bedroom, 1 bathroom, 2 family house on the first floor. We have lived here for 8 years and have paid the rent on time for all of those years. My mother pays for all utilities in the house and my first question is that is a hanwritten note on a lease stating that we shall pay for all utilities, is that valid? We only had a lease the first year and have not been given one since that first year when we moved into the apartment.

2 years ago my mother began questioning her ConEdison bills for gas and electric because they were rather high for the apartment and she was paying amounts that were as if for an entire house. None of us are home much due to work and school either so it was weird. I told her to call them and see what can be done to figure this out. So ConEdison came to our home a few times to check the meters which are inside the other apartment where other tenants live. So what ConEdison found out was there was a shared meter violation and began sending letters to the Landlord, we also got copies of these. I called the landlord numerous times to tell him we got letters, he said he never got them so I even gave him copies of what received. He continued to ignore ConEdison so they opened a seperate account for him and he was supposed to pay for the electric since he did not correct the shared meter, this was in April 2007. He paid pne amount of $240 to open the account. He did no pay for any of the amounts and then by November of 2007, ConEdison threatened to turn off our service if they were not paid by him, my mother is still paying her own gas at this time, which is also really high. I tried to contact him, but he would not listen and thought we wanted him to pay our bills, which we do not, my mother pays ConEd on time every month as well as the rent.

So by December 2007, Con edison said they would shut off all power and heat becuasee of his failure to contact them and pay. They told my mother that according to Section 235A of the NYS Property Law, she had the right to take the money out of the rent to pay for his account so we would retain service. So she did it for December 2007 rent and I set up a letter and a copy of what they sent us and him about the rights of tenants.

Now he came by our house the other day because I kept calling him concerning the January 2008 rent check that I sent him in full. I told my mother to keep her checks where she removes money for his account amounts to ConEdison separately from the ones that are full amounts, I usually send the $1200 monthly rent from my checkbook. He never cashed the check that I sent him and he said he wanted to speak with my mother. He then came by on Sunday, February 3 and started yelling at her and I tried to again explain the situation to him, which I have been trying to reconcile since last Thanksgiving (2006)

He said that we should move out if we can't pay the rent or our own bills which is not what is going on at all. I seriously need assistance in how to proceed so he will not ttry to say we are not paying our rent, when in fact we are, he is just not cashing the checks. I don't want to get evicted for paying bills on time because he doesn't want to comply with laws. He is also under investigation by ConEdison for other violations as well.
Please let me know your thoughts and steps for this ASAP.
I greatly appreciate it.

Michelle Fico

A: 1. Yes, handwritten notes on a lease do count. In fact, courts give even more weight to the handwritten additions than the typed portions. 2. It sound like you're doing exactly what you should be doing. If you're paying his Con Ed bills to avoid loss of power, you can deduct that from your rent. Also, start sending your rent checks by certified mail so you can prove they're received. I think under these facts, the court will side with you if he tries to evict you for non-payment. Your landlord needs to clean up his act with Con Ed before he can take action against you.

Dear Mr. Reno:
I have been on the website looking at the Landlord tenant Law. I see that there are provisions from Landlords who have found themselves with a bad tenant. What can a tenant do who has found themselves with a bad Landlord. There is someone from another area who has purchased several ill-repaired homes in our community. He gets tenants to live in them by promising certain things but refuses the basics in living. Exp. heat, water heaters, plumbing, locking doors, & windows. As one of the clergy in this area, I have encountered several tenants that have limited resources as to what to do without finding themselves on the street. Do you have any suggestions?

Rev. Fran BruceCherokee, Oklahoma

A: There's a reason they call them Land "lords". You can't always make them nice people and usually they're in a much stronger bargaining position when leases are negotiated. The law presents some legal requirements, usually that the rentals must be "habitable", but even that can be modified by mutual agreement (i.e. leases.) If this individual is really a bad guy, the best you can do is warn your parishioners to avoid renting from him, or if they do, make sure all his "promises" are in writing. The problem is, you probably don't even hear about these problems until after the fact

Published 2008-02-08

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 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:
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.

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:
Earlier this week my tenants informed me that when they returned from a 5 day trip their was standing water in 4 rooms. We found the problem, the toilet, and the tenant stated the floor was dry then they left. They did not inform me they were leaving. Since then we've gotten a company to assess and remove the water, spray for mold and dry the carpet, padding, etc...The company stated that it appears that the water started leaking when they left and ran for 5 days. We also put the tenants up in a hotel for 3 days so they wouldn't be exposed to the noise and possible mold while the machines are drying the house.

I have several questions:
1. Who is responsible for paying the water bill and electric bill next month?
2. What happens if the tenant goes to the doctor for respiratory reasons (mother and youngest child (age 2) has asthma)? Am I liable? Can I get sued for anything? We took, what I think, was diligent action by getting them out of the house.
3. Is this grounds for eviction? I may have to replace the entire carpet and, even though they've been good tenants, would like them to leave.
Thanks for your help

Rick Patton, LMHC

A: 1. There are tough questions without all the facts, and even if I had all the facts, I don't know if I could predict what would happen in Court. Can you establish, in Court, that this was the tenant's fault? They'll deny it. Are you prepared to pay for expert witnesses to support your theory?
2. You have nothing to worry about there.
3. No, probably not. I would suggest you ask the tenant for a contribution (maybe half). If they refuse you could try small claims court for your damages, but... (see #1.)

Dear Mr. Reno:
I recently took a section 8 (“hate”) tenant to court on a holdover as suggested by my attorney. This tenant stopped paying her family share of the rent since june 2007 when she approached me and asked that I tell Section 8 (NYCHA) that I no longer want her as a tenant. I refused to accommodate her shenanigans, hence I became the object of her endgame. Months and months of nonpayments, false accusations of lack of heat and hot water, rodent problems, and mysteriously, holes in the ceilings and walls (building was fully renovated in 2004/2005!) BEWARE: tenant from hell, Sabrina B. of Brooklyn, NY. In any case, my attorney did the holdover action and I made it very clear to her that I wanted to collect at lease the basic rent owed me and the tenant, along with her kids and husband (squatter) to move immediately. My attorney called me while in housing court to rehash the amounts owed me, but then informed me that I couldn’t collect any late fees because the tenant’s lease was not renewed since 2006. This attorney called again to say that they were attempting to work out an agreement with the forementioned condition and the tenant would move by the end of February 2008. I agreed. My attorney later laft me a voicemail message saying that the case was settled. I then called her back and left a message which included how I was going to recoup the back rent payment from Ms B. I called again and spoke to my attorney on Monday. She told me that the agreement she made was that the tenant move out by 2/29/08 and pay nothing! I replied that that was not what she told me over the phone last Friday while in court. Further, I decried the agreement and expressed my utter disappointment; her response was that there’s nothing that she can do about it now and that she was sorry! Please advise. Thanks for ‘listening.’

Rick Britton, NY

A: If it's any consolation, getting back possession of the unit is always the primary objective of the eviction lawyer. In this case, your attorney, gave up the rent claim (which may never have been collected anyway) for her prime objective. I don't know exactly what her reason may have been, but, I'm sure she had one. (By the way, you may be able to go to small claims court for the back rent.)

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