Q&A with John Reno, Eviction Attorney

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

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

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

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

Published 2009-09-12

Dear Mr. Reno:
I have a month to month contract with my tenant. The contract states that I will be responsible for the garbage service but he will be responsible for electricty and water. I give all my tenants 5 days to change over these services into their names. I have had no problem with this until now. Mr. whats his name did not put the water over into his name. I received a bill for the water. I called and he said that he gave his daughter the money to change it into his name and he thought she did. He would find out and take care of it. He would also send me the $75 for the bill. I have called the water co every 2 days to see if he has changed it and also not money order for the water bill has been sent to me.

Can I have the water cut off to the house? Can I evict him for breaking the contract? What do I do now? Thanks

Lois Adams, Texas

A: Send him a certified "ultimatum" letter, include a 30 day notice to vacate. That will focus his attention.

Published 2009-09-11

Dear Mr. Reno:
I have been renting a house through a property management company for one year on a 3-year lease. The house may be going into foreclosure. How will my lease agreement (right to remain in the home) be impacted by the foreclosure process and potential sale of the home? Do I have any legal right to get the name of the owner and/or the mortgage holder from the property manager so I can contact them about possibly purchasing the home?

Sharon in Colorado

A: Whoever buys the home at the foreclosure sale (sometimes the bank itself) usually evicts everyone. You'll know who bought it when you get a notice to vacate (why don't you go to the foreclosure sale & make a bid?)

Dear Mr. Reno:
I am leaving my apartment April 1st (officially moving out all belongings) and have a 1 year lease that expires May 31st. I have always payed my rent on time and informed my landlord I am leaving because I have broken up with my girlfriend. My ex girlfriend and her son moved into the apartment with me(since the beginning) but I am the only one on the lease(the lease does note I have a woman and child that live with me). I informed my landlord that I would pay April’s rent and my ex wanted to stay till her son finished the school year. A few days ago, my landlord called me and told me he doesn’t want her to stay, that she has been having various men in the apartment before and since I have left. He said that the lease is in my name and it is my problem to get her out. He said the easiest and cheapest thing to do is to put her things on the curb while she is at work. I told him I can not legally or morally do that. My question is, what can I do? How responsible am I? She refuses to leave and says it is her home, and she has paid some bills. Should I pay April’s rent? I plan on shutting the utilities when I move out and have notified her family to put the utilities in her name; is this legal or advisable?

I received a letter from his attorney saying I am in breach of my contract. I contacted the lawyer and they said they want me to handle it and want her out. My biggest concern is to be free of this situation. How can I do that quickly and cheaply? Thank you for all the help? Also, how much is your fee?

Keith, Nassau County, New York

A: What a mess! For starters, you are not the LL and are not in a position to be evicting or "putting out" anyone. If the landlord wants that done, let him do it. You can take the utilities out of your name, if you want. As long as the rent's paid, you're in the clear. April & May may be your problem, however, if she doesn't pay it.

Published 2009-09-10

Dear Mr. Reno:
We recently asked our tenants to vacate our property (5 BR Home) after seven years of tenancy. During that period of time they were consistently behind on their rent. We were living in another state, so we did not have opportunities to visit our property, however each time they contacted us regarding repairs needed, we had the work done immediately. These repairs/improvements over the years included: painting entire exterior, new front door, remodel bathroom, replace kitchen sink and counters, various plumbing repairs, etc.

After finally getting into the home to inspect, we were shocked to find they had been living in squalor and completely ruined the interior of the house: carpets ruined, walls and windows damaged, all appliances had to be thrown out. We have pictures and video that clearly show the drastic before and after condition of this house. The amount we were holding for a deposit does not begin to cover the damages, late rent, appliances and fees for hauling away garbage they left behind.

Our question is: Does this sound like a strong case for a small claims court process? They are both employed full time and we believe that if we obtained a judgement that they would have to pay. Thank you.

Sara Bengry

A: 1. Retake possession.
2. Repair premises
3. Rerent. Then you are ready for small claims court (hopefully you'll still be under the limit.)

Published 2009-09-09

Dear Mr. Reno:
My tenant is letting a friend/business partner? use his mailing address, which is one of my rental units, without my permission. Is this legal? I have had other similar problems with this tenant. Help!
Thank you for your consideration.

Delia Del Palacio, California

A: I don't know of any law against it, unless the friend is committing mail fraud, which has nothing to do with you. If you feel that strongly about it, send a certified letter to the post office that you own the property and, to the best of your knowledge, that person does not reside there. That gets you off the hook.

Dear Mr. Reno:
How long does an eviction stay on the files that tenant screening reports have access to in New York State?
I know that the Money Judgement is part of my credit report for up to 7 years.

Liz V., NY

A: I'm not sure what you're referring to, but if the screening reports have access to the landlord-tenant proceedings in court, those are pretty much forever.

Dear Mr. Reno:
I had a potential tenant put down a deposit but backed out of the deal without signing in paperwork. Should he receive his entire deposit back? I turned down two potential tenants.
Thanks Give it back (if he didn't sign, you should have kept pursuing the other leads until he did- that was your mistake.)

Jason Williams

A: Give it back (if he didn't sign, you should have kept pursuing the other leads until he did sign- that was your mistake.)

Published 2009-09-08

Dear Mr. Reno:
I recently had flooding in my unit occupied by 2 tenants they deny leaving the faucets on but it is the only way it could have happened. The damage is in the thousands. Can I evict them both even though they deny leaving the faucets on? Furthermore they waited 45 mins to contact me and ripped my carpeting without my consent.
Thank you.

Dave

A: You can't evict them because you'll never prove it was deliberate. You can sue them in civil court if you want. As for as getting them out, you may just have to let the lease expire and not renew it. Or if its month to month, serve a 30 day notice to vacate.

Dear Mr. Reno:
The local sheriff tried to deliver eviction notice, and he could hear tenant inside house, but tenant refused to answer the door. The sheriff did not leave the eviction notice. I thought they should tape to door? What is best course of action?
Thanks.

Lisa Lennon, Arkansas

A: This makes no sense. I've never heard of it. They always attach it to the door. Get a lawyer- something's wrong here.

Published 2009-09-05

Dear Mr. Reno:
My husband bought some second-hand hydraulic exercise equipment. The units seem to be in good shape. However, we have no instructions for operation or repair. He wants to provide them for use by any future tenants in the basement of the single family home we rent.

My preference would be not to expose ourselves to any liability they may entail. I think even a "use at your own risk" sign would not be enough since we have always rented to people with children and the equipment only fits in a large open area and can't be secured from use.
Please, may I have your opinion. thank you,

Lou Ann

A: Well the easy lawyer answer is obviously don't do it. My question is why does hubby want to do this? Is it because he has nowhere else to put it and doesn't want to chuck it? Maybe there's an ulterior motive here.

Dear Mr. Reno:
I am in a spot and I need someone to help me know how to approach it…I honestly don’t know if I will need legal representation or not…I recently looked at a duplex to rent in b’ville on Thursday, purpose behind my move is so that we could find a location with a bus to get my girls to and from school…the landlord of this property gave us the impression that there was a bus running thru(just failed to mention he didn’t know which one)…Friday evening he sent an email letting us know we were approved for this duplex and he wanted to meet Sunday for the deposit and pet deposit….so I printed off the lease, signed it and met him with my money….wasn't able to contact anyone at the bus barn over the weekend…

his lease stated that the lease was not legal until the landlord had given the tenant a signed copy with all involved…I did not receive a copy of the lease until I emailed him this morning advising I needed to void the lease and get a refund of my deposits b/c services would not be rendered due to the bus issue…he is telling me he will only partially refund my deposit b/c he is now going to be out the money for rent next month, and random various expenses he has incurred…I followed his lease agreement and advised him prior to him sending me the signed document that it would not work…can you or someone please let me know what my rights are?

I have a mortgage I have to pay and I used that money on this deposit thinking I was doing the right thing

Debbie Nowlin, Arkansas

A: You're off to small claims court. It sounds like you're in good shape. Go today. This could take a couple of months. (By the way, you can take 1/2 & sue for the rent, but you can't sign anything.

Dear Mr. Reno:
Tenants, (a couple) paid deposit, told them it was theirs and took it off the market. they signed 6 month lease a week later. Had 3 other calls on unit, told them it was rented. the next week tenents called and said she was laid off and would not be moving in.
Do i have to give deposit back, 30 day notice in lease after 6 months?

LeeAnn

A: I think you can keep it (but I've heard to the contrary, so please don't sue me) but here's my thing: If you have to give it back, why take a deposit in the 1st place? That's the whole point!

Published 2009-09-02

Dear Mr. Reno:
My Name is Teresa Stein and I'm in State of Calif. but, I have question in reference to my rental house in Texas.

What should I do when my tenant short me $250.00 rent and I'm not even sure they are going to pay me the full rent for this month or not. Should I give them a chance on intallment on that $250.00 or what would you suggest? Thank you for your help.

Teresa, TX

A: You can give them a chance, but you must keep them on a short lease- or they'll get further and further behind. Why don't you tell them if you get the whole rent this month, they can pay you an extra $100 on the 15th each month until its paid?

Dear Mr. Reno:
When a tenant with a years' lease gives you a 30 day notice 1 and a half months shy of the year's deadline and if they use the security (same $ as one mos rent) as the final month's rent can they ask for the extra half month's rent back if the home is rented by the first of that month? They left the home very clean and would have rec. their security back so that was OK with me. Thanks for a reply.

Bernice, CA

A: Now let me get this straight. They gave notice around the 15th and left the following month around the 15th and then you rented the following month of the 1st. So doesn't the security get applied to the last month? So you're even? They left early (on the 15th) but then you couldn't rent until the 1st. If that's the case, no refund.

Dear Mr. Reno:
As a landlord I like to put my house for sale . the lease is for one year, how long before the lease is over do I have to let my tenant know that I wont renew the lease thank you

C.A.

A: Thirty Days should do it. Many give 60 days so they have time. Make sure you read the lease- sometimes it's specified.

Dear Mr. Reno:
My tenant’s children violated several of the condo association’s rules and regulations. They have been informed about the violations, but continue to violate them. The association will issues fines tomorrow. My tenant is very upsetting about the association and me. What should I do?
Any help will be greatly appreciated.

Ann Bunch

A: If you're paying the fines, tell them you won't renew the lease. If the tenant is paying, I guess then it's his problem.

Dear Mr. Reno:
I just got a letter from my "landlord" (I live in public housing) saying we have to pay the past due amount of July rent ($532(reg rent) - $200(we paid)= $332), and August rent in the amount of $288. Problem is, my fiance worked for them up until July 17th this year. They made a mistake and charged us $532 for August because they neglected to change the rent amount in July. He had to go and talk to them about that. Then they said it would be $50 (cheap yes, but who's going to argue that?) so we could catch up with last month and then they would change it to match his income ($880 on UC). Then we just got the letter today saying pay this NEW amount ($288) and July balance by August 31 or be faced with eviction. Can they do that (for August I mean) if we had no clue what our rent was until today?

Z. Brown, PA

A: You've got me so confused my head is spinning like a top. It's like "who's on first." Why don't you just pay the rent called for in the lease. If they've changed it they would have to give you a lot of notices. Did they? Are you sure?

Dear Mr. Reno:
My name is Mike, and we manage a large student rental property in Minnesota, four bedrooms shared with four college students in each apartment. We have received complaints from three boys in one uncomfortable with him in their unit. It's not clear if there has been any sexual advances or encounters, but I'm sure this is their concern. Is there anything we can do about this? No, we do not have four gay guys we can put together - as far as we know. Thanks for your answer - this is a tough one!

Mike, Minnesota

A: That's their problem- not yours. You take any steps to remove this guy, you're going to get your butt sued off for discrimination.

Dear Mr. Reno:
Recently I was put in jail over a misunderstanding of child support in another town...about a month and half ago. I got out today to find my landlord sold my stuff. I never received an eviction notice (I do realize he didn't know I was in jail). What do I do? Thanks!

Ken Tharpe - Clarksville, TN

A: He shouldn't have done that. You have a civil suit for conversion of property. You should also go to the cops. It may be prosecutable as theft and/or breaking and entering.

Published 2009-08-29

Dear Mr. Reno:
We have tenants that did not pay their rent for May (supposedly due to a sudden death in the family), I had them sign an agreement for payment of unpaid rent, they then didn't pay July or August, and only made one payment towards May's unpaid rent of $100. They say they are moving and they have boxed up some clothes and prepared the furniture. The water has been turned off for at least a month now, (they never transferred it into their names). He is a truck driver and is hardly there. We would like to prepare for future tenants.
Can we move their stuff into the garage in order to have the carpets shampooed and clean?
Thanks in advance,

Linda Hunte

A: You are treading in dangerous waters and probably already violated the law when you let the water go off. Maybe you'll drive them out, or maybe you'll get your ass sued off. As Clint Eastwood would say "How lucky do you feel" today?

Published 2009-08-28

Dear Mr. Reno:
I had a prospect that was rushing me through the application process. As part of the process we started to fill out and sign the contract. The contract was between myself and 2 individuals. I signed the contract and then one of the 2 individuals signed the contract at which point I grabbed the contract back because I realized that I had not done my due diligence on doing a background check. Other than being a very unprofessional move on my part, is the contract valid in any sort of way. No copies have been provided and I tore up/destroyed the contract.
Thanks,

Jason McCormack, HI

A: Relax. In lawyer lingo, you made an offer (signed a contract) but then you "revoked" your offer (destroyed it) before your offer was accepted (before they both signed) so there is no binding contract.

Dear Mr. Reno:
I am located in Virginia. I have to get a Warrant In Debt against two former tenants but do not know where they currently live. I do know where they are employed.

Can the warrant be served to them at their work location? If so, if they are not there, can it be left for them or does it have to be served to them in person? If it has to be served to them in person, will the person serving the warrant find out when they will be there and go back again?
Thank you,

Kim S. Williams, VA

A: You can serve them at work, but if you're not going to serve them where they live, then you have to give it to them personally (I'm pretty sure.)

Published 2009-08-25

Dear Mr. Reno:
I just received a water bill of approx. $600.00 for a duplex I own - single water/sewage account. There happens to only be one tenant in the building and there is no leak in the vacant apartment whatsoever. Can I present the bill to the other tenant if water & sewage charges are not (as far as the responsibilities section of the lease are concerned) her responsibility? Typically the bill runs about $100-$150 with both units occupied.

Edwin, PA

A: You can try it, but I doubt it would hold up in Court. I think it's worth confronting them. They probably know it's their fault and will pay.

Dear Mr. Reno:
hello my name is Kayla Woodbury I live in Colorado my question is what do when the landlord has pretty much abandoned the house I live in, have'nt heard from him since March 3rd, I have tried to contact him to pay my rent but have had no return calls.We have had serious plumbing problems that I have had fixed myself that he knew about..I have two small grandkids living with me and want to know what my rights are...my lease doesnt run out until March 2010 Also the city of Aurora has put a lien on the property for unpaid taxes

Any help you can give us would be greatly appreciated thankyou Kayla

Kayla Woodbury, CO

A: Enjoy it while it lasts! You've got the best rent around. (you should save receipts for anything you fix.) It would also be good for you to pay the rent its a special account in case the LL comes out of the woodwork (but I know you wont.)

Dear Mr. Reno:
I will be renting to a woman and her 6 year old daughter. Is it okay not to have tested the apartment for lead paint seeing as the child is of age? I certainly do not have the funds to have the apartment tested, which is why I made sure that any child was above the age limit. The apartment has been painted many times over, and again just recently and there are no places where paint is chipped at all.

Is it okay to proceed with the rental. She has stated that it is not a problem with her as she knows here child is old enough.

Marla Seelye

A: You sound like you know something I don't know. Is there a law in your state requiring this test? Do tell.

Dear Mr. Reno:
THE PAYMENT FOR RENT FOR A HOUSE THAT A TENANT OCCUPIES, AND HAS A SHORT Sale AGREEMENT.

TO WHOM SHOULD THE MONTH OF AUGUST BE MADE TO. THE BK 7 TRUSTEE HAS DENIED ACCEPTANCE OF THIS PAYMENT. WHO SHOULD RECEIVE THIS PAYMENT, OR MAY I PLACE IT ESCROW AND PAYABLE TO WHOM. THE FINAL HEARING IS 9/1/09. THANK YOU, .

B.LILI MULLENHOFF, BROKER

A: Pay it to the landlord.

Dear Mr. Reno:
In Ohio, are there any laws or fire safety codes for multi-unit apartment buildings to have 2 seperate entrances/exits? If so, does a 3rd story balcony count as a second exit in case of a fire? I have tried to research this and can not find any answers. My brother and his wife were in a fire, they could not get out through the door, both climbed over the balcony to escape, she fell over 40 feet, was badly injured and is now disabled as a result. The fire inspection showed no known cause. She is wondering if her landlord is liable.

Monica, OH

A: She needs a personal injury lawyer (like on TV) not an eviction lawyer. She has a good personal injury claim- and even if she can't prove the code violation, she'll probably get a settlement.

Dear Mr. Reno:
RENT MANUFACTURED HOME IN PARK. LEASE STATES TENANT RESPONSIBLE FOR UTILITIES. TENANT IS NOT PAYING THE UTILITIES PROVIDED BY PARK (WATER, GARBAGE, SEWER). I OWN HOME, AND PAY LOT RENT, BUT PARK MANAGEMENT IS BILLING ME AS TENANT IS NOT PAYING. CAN I TURN OFF THE TENANT WATER FOR NON PAYMENT AS AGREED IN LEASE, OR WOULD THAT GIVE THE TENANT A REASON NOT TO PAY MY RENT. NOTE SHE IS ALREADY LATE FOR RENT.

Roger, Mississippi

A: NO NO NO, do NOT turn off the tenant's utilities. You need to get rid of these people- the sooner the better. They're late on the rent, start proceedings now- don't dwadle.

Published 2009-08-20

Dear Mr. Reno:
We’re a private real estate investment company with about 200 single family residences across the country. I am currently in the process of having them renovated so we can sell them on Land Contracts or ‘Contract for Deeds.’ The law seems to be slightly different in each state regarding how these types of agreements are interpreted. My question is, if we have a valid Contract for Deed agreement in place, do we bear any risk if the buyer has previous judgments against him? More specifically, could those judgments somehow ‘attach themselves’ to our property (which hasn’t actually transferred title yet)?
Thanks in advance for any guidance you might be able to provide.
Best regards,

Guy Artuso

A: Let not your heart be troubled. The judgments won't attach as long as title hasn't passed.

Dear Mr. Reno:
I have an experience with in one of my rental units. The air conditioning unit gave up and does not blow cold air anymore. The tenant is calling me and demands that I fix it right away. She is also demanding that I pay/deduct from the rent payment all charges that she paid for hotel lodging. Am I under obligation to refund her for the hotel lodging just because the air conditioning unit broke and I can't get it fixed until the end of the week? Where can I find more information about this issue?
I thank you for your prompt assistance with this matter.

Jose Alarcon, CA

A: Number one. Get the A/C fixed ASAP. Then negotiate a settlement. He's going to withhold rent- If you can't settle it, you'll be evicting him for non-payment- and then the judge will settle it. He wont get Hotel lodging, I don't think, but maybe some rent abatement, 10 to 20 percent maybe.

Dear Mr. Reno:
I had custom made curtains and valances made for all the windows in my rental house; I video taped everything in the house before the tenant’s moved in, clearly showing the window treatment’s. After they moved out, the valences on both windows in the breakfast nook and the curtains and valances in the master bedroom were all missing. They are now saying that the valances in the breakfast nook were not there when they moved in and that they put the master bedroom window treatment’s in the attic (they were not up there) I paid several thousand dollars for putting window treatment’s in and the ones that are missing were approximately $3000.00. I do not have the original receipt’s for this because they are about eight years old but I do have them on video tape showing they were in excellent condition and would be good for another 10-15 years. The security deposit is $2100.00 which does not cover all the damage including the missing window treatments. I have itemized damages to them and said I would be willing to accept the security deposit for all damages just to avoid having to go to court with this (we both live out of state) Will I have a problem not having the original receipt’s and would it be sufficient to get an estimate for replacing what I had in there? The tenant’s want to see original receipt’s. I am a member of LPA if that matters.
Thank You,

Janet Knowles, MI

A: You've got troubles here. Establishing the actual value of missing items is a big pain in the hiney and this is a classic example. Judge's want to see receipts. Estimates, not so much. You're gonna have your hands full.

Published 2009-08-18

Dear Mr. Reno:
Long story short......my landlord has put a satellite dish on the house I have rented for 4 years. He said it was because he appreciated a good longterm renter. Yet the real reason is, he wanted to run the cable through the back fence into his shed, because his wife rules him. She won't let him have a dish on the house. Well his this idea did not work and his "gesture" as a good landlord was retracted. Now he convinced the dish company to leave the dish on this house, the one I have been renting for 4 tears and run the cable to his house. Is this legal? Do I not have some rights here? We got into it a little this AM, because he has thought me a fool since moving in and this was the last straw. He even threw the cable over to my side of the fence so his wife cannot see it. He had something called free2air...which was a dish that basically stole satellite tv. Yet it also had to be in my backyard, not his. There has to be a law in my favor....isn't there???

"ps. in case there is any question, I have no satellite service, only a dish on my house."

Daniel L

A: They say in life you have to "pick your fights." Here, you can remove that dish if you feel that strongly about it. But I have one question: When is your lease up?

Published 2009-08-14

Dear Mr. Reno:
My question is about giving an itemized bill to tenants outlining why some or all of their deposit was withheld. Is it legitimate to say that in addition to the cost of the labor and supplies required to fix the house I will charge a fee of $10 per hour of labor performed by handymen, house cleaners and such to cover administrative expenses (basically my time and the fact that the more work that needs be done, the longer it takes for me to get the house back on the market). I figure these two expenses are fairly proportional to the amount of labor required of handymen and such. Thank you for taking my question. You can't deduct it, as a general rule, if you haven't actually paid it. If your really going to pay the people in cash (with receipt) or check, that's fine, but if that's just an arbitrary figure, it's not gonna fly.

Matt Roles, Haughton, LA

A: You can't deduct it, as a general rule, if you haven't actually paid it. If your really going to pay the people in cash (with receipt) or check, that's fine, but if that's just an arbitrary figure, it's not gonna fly.

Dear Mr. Reno:
I had someone verbally commit to an apartment and put a deposit down and 6 days later they called to say they wouldn't be moving in. I turned away a viable renter who saw it minutes after they left and turned away all calls about the apartment during those 6 days. They want their deposit back. Am I required to return it? Everything thus far was verbal but I was clear on my intentions and commitments to rent the house to them.

Susan Creech, NC

A: This is a common question, with no simple answer. Here's my advice. If you find a tenant to move in when these people said they would, give the money back. But if you can't find someone, keep the $. If they sue, you can counter-sue for lost rent.

Dear Mr. Reno:
Jacqueline Butler – VA We have tenants that have violated the lease in several ways, including not paying rent. I hired an attorney who sent a Notice to Pay or Quit only advising them to vacate because the amount of rent owed in higher then GDC limits. She advised us that we could claim possession and sue for damages later. The tenants’ attorney is now claiming that the Notice was not correct under 55-225 Va Code. I am confused? We want the house back. We will sue for damages later and on top of everything else it is a SFH not covered under VA Residential Landlord Tenant act. Any advice would be appreciated. Thanks

Jacqueline Butler – VA

A: If your main priority is getting "the house back", then the nonpayment petition is best because the other violations will be disputed, so I think your attorney did the right thing. So just forget the violations and focus on the non-payment.

Published 2009-08-11

Dear Mr. Reno:
I am renting a guest house on my property. I believe the zoning is for a single family dwelling. The guest house is attached and has a kitchen. In my rental agreement, should I mention that the unit my be in violation of zoning laws? Or, not say anything and hope for the best.
Thanks for your reply,

Tony G, California

A: I see where you're coming from, but I don't really see how that clause can help you. The general rule is that you can still do an eviction on an illegal rental, but in many places you can't sue for back rent on an illegal. You're rolling the dice, but so are millions of other homeowners, so good luck.

Dear Mr. Reno:
I just had my tenants move out ,their lease was up on July 31st by noon. They left on the 29th due to going out of town.They gave a key to one of their friends to paint for them.I didn't like that idea ,but i told them to make sure he locks things up and leave the key.The guy came over to the property many times,before working.I didn't like that either,so i had told the tenant about it,he said they will just paint and be done.Anynhow,the day they went to paint,my husband had walked over to see what they were doing,when he went into the basement he had noticed all of our copper water pipes had been snipped and taken.He then called the police and questioned the guys,they said they hadnt been down in the basement.But if not them,my tenant had over 20 people helping him move out,he shut his water off on the 24th. want to know if he is responsible for what had happened,he still had the property till the 31st.I never got my other key back from the other guy.I would like to take them to court.What do you think?

Jane, Georgia.

A: I think it's a winner! Sue the S.O.B. let me know how you make out.

Dear Mr. Reno:
One Maryland renter who is behind on rent told me July 22 that they were moving the end of the month. I went to the property on August 1 to start removing trash that they left. They came in and said I was getting rid of their property. The state police were called. He recommended we file eviction.

We went to property today and nothing has changed or moved. Their sofa is still inside along with trash.

We sent a certified letter asking if they have removed all their possessions they want.

Do we have to file for eviction or can we go ahead and repair and clean property? They have trashed the place and left trash and junk on the property. What are our rights as a landlord?

Patti Shank

A: Normally you could, but here you can't. It seems like they've left, but they "protestith." (Did I spell that right?) You're on shaky ground if you go forward without court. (Some people make everything difficult.)

Dear Mr. Reno:
We had new tenants move in 3 weeks ago and they are wanting to allow their mother to move in with them. If we ok this, should we do a new lease or can an addendum to the first lease be written? What is the best way to handle this? Also, is it appropriate to increase the rent? Thanks for your time and attention into this matter.

Joanie Myracle

A: Just add the addendum of the new occupant. If you're raising the rent, it also goes in the addendum- but I can't advise you on that.

(You can use the LPA's free addendum download to write it up or the "Lease Update Change of Terms" form.)

Dear Mr. Reno:
Hi- I have two people on the lease, which has become month-to-month now. One person has moved out and want to be removed from the lease. How do I go about doing this when they are behind on late charges?

g chilton

A: Well, we all want things, but I can't think of one reason to remove him from the lease unless the rent's current and there's a new tenant.

Dear Mr. Reno:
Do I need to give the tenant 30 days notice before I even file for eviction at the magistrate

Michael Hayostek, Cambria County, PA

A: Yes, except if there's non-payment, then I don't think you have to wait to give the 30 days, unless there's something special in PA- but not that I know of (how's that for a run-on?)

Dear Mr. Reno:
TRYING TO EVICT A TENANT ON MY OWN AND WAS TOLD TO GET BLUMBERG FORMS B119, T206T AND T207D WHICH DON'T EXIST ON THE BLUMBERG SITE AND I SENT THEM AN E-MAIL. ARE THESE THE RIGHT FORMS AND IS IT DIFFICULT TO DO MYSELF?

CAROL WILLIAMSON

A: I usually use T1407 & 1406 but it depends why you're evicting. You can also try a legal stationary or some of the courts now give out forms.

Dear Mr. Reno:
We have a tenant who moved out without bringing his water bill current with the local municipality. We had already settled on the Security Deposit, so deducting from that is not an option. The municipality says the water bill, unlike the electric/gas bill, is an obligation of the owner, not the tenant. Can we sue the previous tenant in small claims court for the unpaid water bill? Our lease called for the tenant to pay all utilities.

Kathryn W.

A: Yes, you can sue, but how much are we talking about? Sounds like it's time to move on.

Published 2009-08-10

Dear Mr. Reno:
I have tenants who failed to pay since april 2009. They are not willing to as well as dont want to move out. they also want to fight the eviction process. my home is almost into the foreclosure because of this as i , myself, cannot afford it any more.
what do you think how long will it take to get them out if i file eviction.

alia

A: Nonpayment proceedings usually take 30-90 days- but it depends on your area. The sooner you start, the sooner you'll have your place back.

Dear Mr. Reno:
I have a tenant that says they have to move. She states I have not kept the house up to par. Which is not true. A one year lease was signed and it has only been three months into it. I believe this would be considered breach of contract. What can I do?

Val Eurioste

A: You are correct. If you want her to stay (I don't know why?) send her a letter certified that you are not agreeing to letting her break the lease and intend to sue her ass off.

Dear Mr. Reno:
I live in apartments and Iam disabled and my son use to be able to visit me untill he dated a girl that lived in same apartments well they dont none live here and my son carried my grocerys in for me and things like that he did things i could not do since i have had a triple bypass and am on oygen and iam on medicare they say i dont quailfly for assitance but the managager of apartments said they can evict me if he comes over i dont really see how they can but i want to make sure they can not
thank you

cindy

A: I don't understand this. Why did your son stop coming and why are they threatening to evict you? I think you left out what your son did. Is it something to do with the girl he dated? Do tell.

Dear Mr. Reno:
I did not pay my rent to my landlord for the month of July, I spoke to him, and explain to him that I would pay on the 15 of July, a few days
Later I get a letter from court stating that I have to come to court on 8/5/09,because the landlord want to evict me, I never got a 3 or 30 day notice.
Will my landlord case be dismiss for not sending a 3 day notice?

Lawrence, NJ,

A: I think on a non-payment, you don't need the 3-day. Most leases make landlord give a 3 day notice for certain lease violations, but the courts don't require it as a prerequisite to an eviction.

Dear Mr. Reno:
We are renting our house and have received written notice August 1, 2009 that our tenants are going to be moving out on or before August 31, 2009. Our lease agreement states:

If Tenant vacates the Leased Premises before the end of the Lease term without written permission from the Landlord, the Leased Premises is then considered to be abandoned and Tenant is in default of this Lease Agreement. Under these circumstances, Tenant may be responsible for damages and losses allowed by federal, state and local regulations.
We have not given written notice. In addition, our tenant has already given us checks for the monthly rent payments for the entire 12 month term of the lease.
Question: Can we seek damages from the Tenants? Are these checks legal for us to deposit? Please let me know.

Miles A. Kaplanides, New Mexico

A: You can deposit the checks but the bank may not accept them if they're postdated. Depends on the bank. Also, they'll probably bounce like super balls. Your damages are speculative at this point. We'll have to wait and see when you rerent.

Dear Mr. Reno:
2 Questions regarding a verbal rental agreement, nothing in writing. State of MA. If tenant moves without a written notice, is the landlord entitled to a months rent for the notice period that is required? And is it impossible for this landlord to win this judgment in court since there was no written agreement?
This topic is being debated on the LPA forum with both sides strongly disagreeing. Since you are a lawyer offering free advice, I thought who else better to ask, since that appears to be an issue too.
Thank you, Monica

Monica LPA member

A: I vote that legally you should get it, the question is Will you? I had a judge not give it, he just said he "chooses not to award it", for no reason. Legally, the tenant should give notice, but sometimes landlords are held to a higher standard when it comes to playing by the rules.

Published 2009-08-09

Dear Mr. Reno:
My tenants moved out in month eight of a one year lease. They left the house a mess. There are three people listed on the lease, a married couple and her mother. It is the married couple who decided to move. The mother had no choice but to vacate the property as she was not able to pay the full amount by herself. I am trying to make the needed repairs as well as advertise the property for rent to find a new tenant. I told the couple that they are still responsible for the payment of the rent, according to the terms of the lease, and that I would make every effort to find a new tenant as quickly as possible. Of course, the rent is currently unpaid. I am applying their security deposit to the costs of the damage repair, however, it will be more that the $1500.00 I collected on the security deposit. I assume my option is Small Claims Court to collect the unpaid rent and costs of damage repair (minus the $1500.00). Is there any notification I need to send them prior to filing in Small Claims Court?
Thank you,

Helen A. Wheeler, California

A: You need to prepare an itemized list* of all the repairs and the lost rent, and the lost rent and total it, and make a demand for payment, which, of course they will scoff at.

* Security Settlement Statement

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