Published 2008-01-28

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

Chuck Damren, GA

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

Dear Mr. Reno:
What is your advice and the steps I need to take for getting my broker’s attorney involved in the case below regarding bounced check for last month of tenancy? I’m concerned about using her security deposit for rent because of past due late and bounced check fees and property condition. If she doesn’t properly clean it could require as much as $1,000 to prepare for new tenant. The January rent check bounced this last month of the tenant’s lease. Technically her lease is up the end of Feb.’08 but I let her out of the lease 1 month early. She has a history of late payments with 2 - 5 day demand letters and is her 2nd bounced check. Cashier’s checks or money orders were the only payment method accepted until these last 2 months when she slipped her personal check under the door after hours and it was so late I deposited it. Dec. cleared. In her Vacate Notice Instructions I printed TENANT MAY NOT USE SECURITY DEPOSIT AS LAST MONTH'S RENT (RA, page 2 # 8). She said she knew this when I dropped in to her flower shop to provide another copy with that sentence highlighted. The second visit to the flower shop she said she was trying to pull the cash together. I next sent the following email which I’ve changed to blue font: Writing bad checks is serious: HAWAII Civil Penalty - $100 or three times the amount of the check, whichever is greater, not to exceed $500. Criminal Penalty - Misdemeanor for all amounts Prima Facie - If not paid within 10 days after actual receipt of notice of dishonor. Service Charge - $30 Statutory Citation - Sections 490:3-503, 490:3-506.5 & 708-857 I can step back and let the process take over but I’m trying to help you. Call me ASAP with your plan! If not tomorrow, the first of next week you will hear from by broker’s attorney. He discussed legal action when your April rent check bounced. May and Dec failure to pay put in motion eviction proceedings with 5 day demand letters not to mention your late rent check in Nov. He has no qualms at moving forward. The check bounced on the 9th. When legal action is taken against you there is no leeway or turning back. Nothing is more important than covering your bounced check! As I said in my phone message earlier I’ve always supported you with your business endeavors and believed in you. If you brush this off and put it on hold you will pay the price of having your record tarnished. One more thing…….you might not realize that your debt is with the real estate firm. They paid the owner several days after your check was deposited. I wish to remain anonymous if you decide to publish this.

from Kauai, HI

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

Published 2008-01-27

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

Norm Krieger

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

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

Erik from Minnesota

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

Dear Mr. Reno:
I am a single dad, with an 8 yr old daughter. A couple of years ago I let a friend move into my 3 bedroom brick ranch. No contracts just a verbal agreement. Since then, I have caught him smoking, in the bathroom. My daughter's room is next to it and I noticed dark stains on the top of the wall. I found out he smokes before his shower and the smoke mixes with the steam and enters the hall, which caused the stains. Smoking in the house was never allowed. Next, he plays drums till 9pm. Our agreement was never after 8pm, unless I wasn't home or it was prearranged. He now says he has the right to play, because he pays rent. Thirdly, the post of his drum chair has punched holes in my perfectly good linoleum floor. He has also been drinking my booze, which I keep on hand for guests. I know his driver's liscense and mail still is registered at his parents, if that helps. I was thinking about writing him a 30 day letter and having a friend witness me handing it to him. As a motivator, I'm also considering demanding he pays for professional painting and flooring, unless he moves out in less than 30 days. Am I anywhere near legite? Thanks

Daniel in Michigan.

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

Dear Mr. Reno:
I have a two unit building. I live in one unit and rent the other flat to a tenant on a month to month lease. The property is in San Francisco, California. My tenant had informed me that the light in the bathroom was not working. It turned out to be an electrical wiring problem so I hired an electrician to come out and repair the problem. I had originally wanted to schedule an electrician to do the repair over during Thanksgiving week since I would generally be around to let the electrician in while my tenant was at work. He asked me to wait for another week since he would be having guests that week. I scheduled the repair for the week he requested. Sometime during the day when the electrician was doing the repair, my tenant had an expensive bicycle stolen. I don't know if these are important facts but I will lay out some of the facts that I think might be relevant to the question I am about to ask. In San Francisco, many of the units are flats, including mine. There is a service alley that provides access to my back door and the tenants front door. The door to the service alley which leads to the front of the house has a lock and a deadbolt on it. The tenant stored his bicycle right outside of his front door (inside the service way but outside of his unit). I had received permission from the tennant to let the electrician into his unit to perform the necessary repairs. On day one, my wife let the electrician into the tenants apartment as agreeed. The tenant was actually home sick. The electrician was unable to perform the repair and informed us that he would need to return the next day with some additional equipment to perform the repair. We again obtained permission from the tenant to enter the premises for repair and let the electrician in again the next day. The tenant was home sick again. My wife had to leave to take my son to a class so she left the electrician unattended at the house. The electrician finished the job on day two and left the premises. Later that evening, the tenant informed us that his bicycle was missing and that the service door was left unlocked. Due to the fact that we were traveling shortly thereafter, it took us a couple of weeks to get a hold of the electrician in person so we could discuss it with him. It was actually the tenant that was able to get a hold of him and discuss it with him first. The electrician initially agreed to pay for the tenants bike but then he mentioned that he spoke to an attorney in small claims court who advised that he was not liable to the tenant. (This conversation took place in person between my tenant and the electrician who had to come out to fix another problem they caused). I asked the tenant if he filed a police report. I don't know if he has or not yet but when I asked him three weeks after the event he said he "was going to". I do have a clause in the month to month agreement that the tenant is required to have renters insurance. The question I have for you is: Am I liable for the tenants loss given the facts above. Regardless of the answer I am still going to offer to at least split the deductible with him, regardless of whether I am required to or not. He is a good tenant and I don't want this to create any ill will. It's a lot of information above but I am curious as to my liablity. PS: Some questions that might come to mind are: Did the tenant use this as an opportunity to get rid of a bike he never rode, or did the electrician decide to take the bike since no one was around? I strongly believe the answer to both of these questions is no. I believe that both the electrician and my tenant are honest and I believe the bicycle was truly stolen by someone either watching the house or walking by along the street. Best Regards,

Mark Stefan, CA

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

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

Yvonne, Illinois

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

Published 2008-01-26

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

Dana Rose, New York

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

Dear Mr. Reno:
I have been having Ongoing 'problems with My Landlords Managers who have 'been "Harassing and Discriminating against me - and not providing 'services to me that are "required by Law- as a 'Tenant'. Under pressure - I filed a 30-day Notice last month- but i have since decided I wish to stay and Pursue Legal action against the Landlord. Can I rescind or 'extend- my '30 Day notice 'to Vacate to a '60 -day? Thank you.

Ann Carlson, California

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

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

Willi,Durham, North Carolina

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

Dear Mr. Reno:
We have a two family owner occupied house. Our tenant complains about everything. She is very rude to our workmen as well as to us and she is very demanding. If something goes wrong "the world is coming to an end and we caused it". For example, there was some black ice in the driveway and she said she slipped. She demanded that we change a light bulb in an outside fixture although the entire driveway is illuminated by floodlights and that is not good enough for her. As she states in all her complaints, "That is not acceptable." We are afraid that she might take some legal action (even though there is no cause). Our driveway is always cleared, salted and sanded promptly by our snow removal service and we take care of all other maintenance promptly. She is very trying on our nerves. We are extremely polite to her but we would really like to tell her off. How should we handle her? Thank you. Sincerely,

Henry A. Goodman, Lynn, MA

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

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

Dianne

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

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

Angela, PA

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

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

Jody Vegas

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

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

Scott, Houston, TX

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

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

Jim

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

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

Monique Emery, Upstate New York

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

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

Sandi Brick, Mandan, North Dakota

A: 1. You can't blame the tenant for vandalism because it's the criminal act of a third party. A person is never responsible for someone else's criminal act unless he's an accomplice. 2. I can only tell you the rule in NY. I tried to evict a tenant for nonpayment of electric and lost. The L/T Court said I could only evict for nonpayment of rent. The LPA Lease solves this problem by making the obligation to pay electric (and other things) "added rent". This has been upheld by the Courts. Translation: You can only evict for non-payment of electric if your lease expressly says you can.

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

Misty, Missouri

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

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

Charlene, CO

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

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

Ronald Flores, Albuquerque, New Mexico

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

Dear Mr. Reno:
My tenant has not paid the cost of the water damage she caused by negligence. I gave her a deadline 2 months ago. She keeps on saying that it was not her fault to flood the apartment by the misuse of the kitchen sink. I have sent her the detailed invoice of the plumber with the description of the job done last year. What should I do? She has also caused damage to the main door and other parts of the house by her guests/herself. She told me lately to use the deposit money. I think she's not going to pay the rent. I can't trust her.

Margaret Diaz, San Diego, CA

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

Published 2007-12-29

Dear Mr. Reno:
Can I be evicted for not keeping my yard in such a manicured fashion to my landlords likings. Although the yard cleaning is the responsibility of the tenant, there is no specific exception on the lease itself. It is being cleaned but I guess she wants more done. I am a single mother and do the best i can. She has given me a 45-day notice to vacate the premises. The second thing is that I have Section 8 (which is a rental supplement for low income people) and she did not notify them on the termination. They had no idea that they would have to stop payment and prorate rent for this month so she received full payment for the month from the Section 8 agency and also full payment of my portion of the rent. Do I still have to be out within the 45-days or since the rent is paid up for the month, can i remain in the house until the end of the month?

Shauntel T. Hawaii

A: Hawaii's a long way from Long Island, but here's my best educated guess: If you have a lease, a Landlord can't break it unless you've violated the lease. You say there's nothing specific in the lease, so you should be able to live out your lease unless your landlord can prove otherwise. Also, if your landlord has accepted Section 8 rent for a particular month, say January'08, she can't ask you to leave during that month. One more thing, if she gave you a Notice to Vacate on a specific date, and the Section 8 rent covers a period beyond that date, that invalidates the Notice to Vacate (at least in NY.)

Dear Mr. Reno:
My name is Randi and I live in Pennsylvania. I own a home that I share with my boyfriend and a female roommate. There are three floors (including the basement which has been completely finished), and my roommate lives on the bottom floor (basement).

She leaves an electric space heater on when she is not home. In the rental agreement, which is month to month, it specifically states all A/C units and heaters must be approved. I told her not to leave anything on when she is not home before signing the agreement in July, and reminded her in Oct. and Nov. She said she does not, but in Jan. I found out that she does leave it on. I feel this is a safety concern and fear for my house going up in flames.

After finding out she does this, I let her know she cannot do this and I will insulate her bedroom better (12x12 space). I did within two days, she said it feels better, but found out she still leaves the heater on when not at home. The room stays in the 60's, may drop to the 50's during extremely cold temps, which I don't feel is too cold. Especially since I don't have a problem with her running the heater while she is at home.

Because she will no longer approach me, return my calls, or abide by the rules, I feel like this tenant/landlord relationship cannot be salvaged. She verbally said she was leaving March 1st, but was angry because I just told her that I knew she left the heater on again and it was her last warning to keep it off. I am giving her one more warning in writing today, hand delivered. If she doesn't comply, I want to ask her to leave after thirty days (would ask her to leave for March 1st). If she doesn't want to leave, can I change the locks or do I have to follow the landlord/tenant act to evict? Keep in mind, I live on the same premises, and this was advertised as a room for rent.
Thanks,

Randi

A: The world would be a wonderful place if we could just "change the locks" when our tenants don't leave when they're suppose to. Unfortunately... NOT! You have to go through Court when the 30 days is up. Then you can re-rent that frozen tundra that you're passing off as an apartment. (I agree with you about leaving the heater on, but the apt. should never be in the "50's.")

Dear Mr. Reno:
What do you do when a tenant drops off a check or money order for rent and it is not the full amount and you cannot get them to come in and sign a promise to pay? I am only (by law) supposed to hold the check for 72 hours and if I accept the check by law I am accepting that amount for total rent.-

Cheryl Lawson, Arizona

A: I don't know what law you are referring to. Landlords take partial payments all the time. Who says you're "accepting that for total rent?" I never heard of it? I also never heard of the 72 hour law. Is that an Arizona thing? It makes no sense.

Dear Mr. Reno:
Could you please let me know what the law says / the practice is in case a tenant wants to leave asap due to someone breaking in the apartment. How does that reflect on the moving out and security deposit policies? Rental in month to month in the state of Florida.

Rita Taub

A: I'm not familiar with the Notice requirement in FLA, but whatever it is, the break in doesn't change it. You're still entitled to notice (in NY, 30 days.)

Dear Mr. Reno:
I have a house with a illegal basement. I rent a room in the main floor to a tenant that hasn't paid me in 2 months. I live in this same apartment. He's proved problematic in the past few months and has been nothing but a nuisance. So, in addition to evicting him i am also looking to getting my money back. He has no lease, nor rental agreement whatsoever as, he insisted on paying every 2 weeks when he moved in and we've kept it that way. In mid November, I gave him more than 30 days' written notice giving him enough time to move by Jan.1. Mid December, i gave him another 2 week written notice and finally gave him a 3 day written notice. We are now in Jan.7 and he says he's looking for a place but can't tell me when he'll find one and he's not thinking of paying. (1) What's the fastest way of kicking him out? (2) If i go to court, what should i expect? And how long will it take the court to get him out? (3) How can i make sure he pays before or after he moves out?

Jacqueline S., NY

A: (1) "NON-PAYMENT" EVICTION PROCEEDINGS ARE FASTEST, BUT THAT'S ONLY IF HE'S BEHIND. As long as he can keep catching up, you can't evict for non-payment and you have to evict the slow way, with a 30 day notice, and a "holdover proceeding."
(2) Non Payment 30-60 days; Holdover 2-4 months.
(3) You can't.

Dear Mr. Reno:
I HAVE A PERSON WHO IS TELLING ME A LOT OF BAD WORDS TO ME AND ALSO HE FIND ANY EXCUSE IN ORDER NOT TO PAY THE RENT HE TOLD ME IF I TAKE HIM TO COURT HE WILL BEAT ME UP FOR 1/2 HOUR. I RECORD ALL CONVERSATION IN MY PHONE. IS THERE IS ANYWAY I CAN MAKE A COMPLAINT TO HIM LEGALLY?
PLEASE LET ME KNOW ASAP. THANK YOU

REY

A: You should go to the police with threats like this. If you have it on tape, he will be arrested for harassment.

Dear Mr. Reno:
I AM A CONDO UNIT OWNER AND THERE ARE TENANTS LIVING IN THE UNIT ABOVE ME THAT ARE SECT 8 HOUSING. THEY HAVE BEEN A DISTURBANCE EVER SINCE THEY MOVED IN. I HAVE CALLED THE POLICE AND HAVE FOUR POLICE REPORTS. I AM IN CONSTANT CONTACT WITH HOA ABOUT THESE TENANTS. THERE HAVE BEEN OTHER CALLS THAT I HAVEN'T GOTTEN RECORDS OF AND JUST THE OTHER DAY ANOTHER NEIGHBOR FROM ANOTHER BUILDING CALLED THE POLICE ON THESE SAME TENANTS FOR VANDALISM. THE HOA HAS FINALLY WRITTEN THE HOMEOWNER AND THE HOUSING AUTHORITY. IS THERE ANYTHING I CAN DO TO HELP THIS ALONG. HOW MANY CHANCES DO THESE PEOPLE GET BEFORE EVICTION AND HOW MUCH DO I HAVE TO ENDURE AS A OWNER?

MEREDITH FLORIDA

A: It sounds like you've already done plenty. The only other thing I can think of is attend the next condo association board meeting. I think any owner can attend and put your complaint "on the record."

Published 2007-12-24

Dear Mr. Reno:
Last August my Tenants asked for a renewed lease, my husband gave them a signed lease but they never signed the lease and gave it back to us. The tenants needed the lease for school purposes. Is the lease still in good standing till it expires in August or invalid because we never got it back from them and I didn't know that my husband never got them to sign it. My tenants have been paying the rent late since October and didn't pay November and October until I gave them a 3 day notice to pay or quit, I would like to ask them to move on. Thank you.

Sarda Desmond, California

A: You are techically correct, but still in trouble. Yes, you should have gotten a fully signed lease from then. The problem is if you give them a notice to vacate, they're gonna show up in Court with that lease. It may not be signed now, but it will be then, and there's a strong likelihood it will be honored.

Dear Mr. Reno:
I have a tenant who entered an agreement with me for a three year lease. She move in prior to the date that she was supposed to, but I did not have a CO. She kept a month's rent for that reason. After much stress I was able to obtain that CO. To this date she retains a portion of her rent if she feels like she wants to. She kept $300 because she said that the jacuzzi bathtub was draining incorrectly. She has also installed a dish satellite without permission. I am tired of fighting with her. How much would it be to get a Property Manager for that dwelling? By the way she has a three year lease.

Willie Williams, New Jersey

A: It sounds like she's a handful. I believe the way property managers work is they take a small percentage of the rent as their fee. I don't know what the going rate would be in your area. You can call the New Jersey landlord association through the LPA website.

Dear Mr. Reno:
Good morning. I rented a 3 bdrm to a young man who informed me that a 2nd young man would be rooming with him & sharing the rent. Upon him signing a month to month agreement, the 2nd young man accompanied by a 3rd young man announced that the two of them were sharing the other 1 half rent. I agreed, with the understanding that there would be $50 increase in both rent and deposit. The last two never returned to sign agreement.

Since then (Dec. 2), there has been a 4th young man and several others, both male and female frequently staying in unit. I've had several complaints including at least 3 visits from the local police dept. at the residence. I've confirmed theses complaints & visits with the police dept. There is alcohol-beer bottles and trash all over the once nice and clean corner lot. The stop sign has been backed over and knocked down at least 3 times from their visitor's irresponsible driving. Recently I observed an broken window and a damage mini blind. Rent was due the 1st. The young man that signed the lease has avoided my calls. I left him a message demanding possession of the property and gave him a few of the reasons including damages, complaints, heavy traffic in and out all the time since they've been there, and that rent was due the first, How do I legally. swiftly, & effectively remove these undesirable tenants from my property? Can I keep deposit for damages and/or rent? What are my options as a landlord? Thank you,

Cynthia V., Gordon, GA

A: The swiftest and most effective way to remain possession of a unit is an eviction for non-payment of rent, which apparently is the case here. Forget the beer bottles and the stop sign (they'll deny all that). You didn't get you rent. Start your eviction.

Published 2007-12-22

Dear Mr. Reno:
My "friend" moved in my house and I did have her sign a month to month lease stating rent was due by the 10th and we could terminate with a 30 day notice. Well, I get a notice on November 9th saying she will be moved out by the next day. I agreed as long as she paid the full month's rent and her portion of utilities. Two weeks went past and no rent. Also she left boxes and furniture. I filed a dispossessory form and was granted the writ of possession a week later on Decmeber 4th. I tried contacting her by mail for her to come get her things and I finally removed everything a few days later. She said she hadn't forgotten about the rent and would pay me when she got paid on the December 11th. Guess what? Haven't heard from her. I finally filed a civil claim in magistrate court and am awaiting notification of the papers bing served.

My question is: am I following correct procedures? should I hire an attorney or do I have a good chance proving my case myself if it goes to trial?

Mary from Georgia

A: You are rolling! Full speed ahead. (I think you can handle this yourself.)

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

Amanda, Pennsylvania

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

Dear Mr. Reno:
I have a tenant whose rent for last month with personal check was returned NSF. I called him to discuss the issue but he has refused to return my call. What action do you advice I take.

Ikem, From MA

A: Well obviously you can commence an eviction for nonpayment, but you may have another option: THE POLICE. In Ny, the police will prosecute for passing a bad check. It's a misdemeanor here, I don't know anbout MA. The great part is that here the prosecutors make the defendants make good on the check to get the charges dismissed.

Dear Mr. Reno:
Just had a quick question: I read somewhere that landlords in louisiana does not have to provide air conditioning to tenants...they do have to provide heater, hot water, electricity and good plumbing....is that correct? Everything that i have read provides that landlord should provide the above but nothing ever mentions anything defenitive about air condition. Please let me know. thanks.

Lady Long

A: Around here (NY) tenants are on their own regarding AC. It's a luxury, not a necessity but, I'm a yankee and don't know about the south- ask your local Department of Health or Department of Housing if it's a State law. (I've never heard of it.)

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