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 2009-04-20

Dear Mr. Reno:
Scenario: Two roomates rented my property. They got into a fight (with firearms and alchohol involved but no actual shooting) One gave me written notice that he was "hereby terminating the lease" and he moved out. The remaining roommate wants to stay and continue the lease and bring in another roommate. (According to their application income figures, the remaining roomate could not possibly afford rent and utilities alone.)

Wanting no violent tragedies in my properties...I just want them both gone and do not agree to allow another roommate in.

So my question is this. May I consider the lease contract null and void for both tenants when one of them breached the contract by written notice of termination? (The written notification was not in conjunction with lease terms--no 30 day notice and 1 year lease terminated after 1 month)

Do I have to go through an eviction process on the other tenant? He says he can't afford to move and I can feel him starting to dig his heels in. Rent is due soon... If I accept rent from him will that give him a legal position that I agreed to let him stay?

I can see I made a mistake on this one and don't want to have to deal with anyone crazy enough to wave guns while drunk. Can I get tough here and tell him he out and his lease is now invalid and he's got to go? Any advice?

BTW, I use the LPA Lease and tweak it slightly to fit the particular rental property. It does have the "Tenancy and Service of Process" clause which says tenants are jointly and severally responsible...etc. Thank you, PS. I read once that Rentals would produce "Passive Income". What a crock

Donna Long, Tulsa Ok

A: I think there's a clause that only the people on the lease can live there, so you could declare a default and terminate the lease on that basis.
But why are you doing this? You wouldn't have rented to these two, but they're already in possession. If they say they can pay, let them pay. If they don't, you could evict for nonpayment, which is alot easier than what I proposed above.

Dear Mr. Reno:
I am in an eviction process with a tenant. The lease expired and the rent was month to month. Connected to this apartment was a rented room and I was compensating the renter for utilities used by the room tenant. The utilities were turned off and I picked them up because of the roomer. When I evicted the tenant the utilities were on. The roomer has moved out and I want to turn off the utilities. At the time of eviction the legal aid attorney for the tenant said I had to leave the utilities on. But a landlord friend told me I could turn them off with a three day notice and the information that she could turn them on herself until she is evicted. The utilities were not included in the lease or the rental agreement. Can I turn them off? Thank you for your answer.

Bonnie Hall, AL

A: I agree with the legal aid attorney. You can't turn off the lights. That's what's called a "constructive" eviction; not legal in most places.

Published 2009-04-16

Dear Mr. Reno:
My name is Andre and I own a single family home in California. I am in forclosure and have hired a Lawyer to negotiate with my lender. My tenant sent me a letter saying she has a legal right to stop paying rent until I am current with my payments. Is this right?

Andre, CA

A: That is 100 percent WRONG. It's a myth. Unfortunately, most tenants do believe this until they hear it from the eviction judge.

Dear Mr. Reno:
I have an extremely unique situation and would appreciate any advice you could give me.
I live in Pennsylvania, Allegheny County specifically. I co-signed an apartment for my nanny in March, 2008 (big mistake, I know!). She was going to hardships and had recently separated from her husband. Things didn't work out between us and I tried to get her to get a new co-signer, but she never returned my calls and then finally changed her number. I was crossing my fingers and hoping she would pay so I wasn't liable for any unpaid amounts. In December, I got a notice from the landlord informing me that they had decided to move out once their lease expires in March, 2009. I was counting days until they moved out. Then in mid-March, I received court summons for unpaid rent for February, March, late fees and court costs. A day before the court date, my ex-nanny paid the dues. I thought this would be the end of the nightmare and they would move out by March 31st (hopefully). In reading the lease I realized that there was a "holdover" clause and that if they failed to move out without the landlord's permission before April 1, their rent would be doubled. Then I get a call from the landlord on April 7 informing me that they were delinquent on April's rent and that he was going to file additional proceedings to evict them. I was obviously confused since I thought they had moved out on March 31. I came to find out that my ex-nanny had gone to the apartment complex on March 30 and had requested the property manager to allow her to stay for an additional month since her new apartment was not ready. The Manager allowed her to stay on a month-to-month basis provided she pay April's rent upfront. The Manager never drew up another lease because "it happened so quickly," neither did he consult with me to see if it was okay to extend their stay beyond the lease terms. The Manager has now filed another complaint with the District Magistrate and I am named as a "Third Party" on this complaint (the previous notice I received, I was the defendant). He is claiming April rent, late fee, April "holdover fee," and court costs. My questions to you are as follows:
1. Since the lease ended on March 31, and he did not inform me or provide me with any consideration in extending their stay, would I be liable for the aforementioned amounts? Had there really been a holdover in that they did not leave their apartment on March 31 and did not get prior consent from the Manager, I understand that under the lease terms, I would be fully liable since I was the co-signer. However, in this case, the Manager did not confer with me regarding the situation and granted them the one month extension and now he goes around and files a claim stating that I am liable. This doesn't seem right. Could you advise?
2. It seems inappropriate for him to charge a "holdover fee" when he was the one that approved them to stay longer than their lease on a month-to-month basis. Can he claim a holdover when he approved it prior?
3. What defense could I have in court, if any?

I would appreciate any guidance you could provide to me. I am due in court on the 21st of this month.
Thanks so much!

SMV, PA

A: You can fight this. The rent doubled clause is probably unenforceable in Court (it's like a super duper late charge.) The first thing that has to happen is she must leave. Then you can probably negotiate a settlement. Offer $200 above the rent. That's more than they'll get in court.

Published 2009-04-15

Dear Mr. Reno:
I'm a new LPA member. I've been reading and learning a lot from LPA web site, but there is one thing I cannot figure out. We've been through filing the eviction in court, and had tenant removed before. But when can we claim how much they owe, and how? Our property is in PA.
Thank you.

D S, PA

A: Sometimes the Court awards monetary damages in the eviction, but alas, it's never enough. After you rerent you need to brainstorm over how much you lost, and is it worth a new separate action (maybe small claims?) to recover other damages.

Dear Mr. Reno:
We have a rental with a "one-year lease" tenant (expires in August). A pretty severe water leak was discovered in the kitchen wall in late January and we had it repaired immediately. It was discovered the hidden pipe had been leaking for months and there was mold in the walls, water under the flooring, and badly damaged cabinets. The repair has been extensive and for several days our tenant had no or limited access to kitchen in February and March. Per terms of Lease we reduced the rent for March to compensate her for no or limited kitchen access in February & March and the general inconvenience of all this. We thought that was fair. Repairs are done. Now tenant is refusing to pay April rent (6 days late) saying she wants another decrease in April for March, that the 1/2 rent in March was only for February. That was never our understanding. She was only without the use of the kitchen a few days in both months, but has been inconvenienced I'm sure. Do we have to continue to pro-rate the rent for "inconvenience", not just loss of use? She did not suffer any monetary loss during all this.
Thank you-

Kathie Horman, California

A: She's looking for a free ride (what else is new?) I'd like to see you settle it, but maybe you can't. Tell her if she prefers, you will take her to court for the FULL RENT and let a judge decide what the credit should be. Incidentally, I don't think she'll get 50% credit (probably only about 25%).

Dear Mr. Reno:
I live in NJ and have just rented to a man while I am trying to sell my house--I don't know what is going to happen there but this man rented a simple little $800 a month apt. here. I told him that he could do what he wants as far AS PAINTING--(he said he recorded the conversation=now he tore the cabinets out, ripped the floor up took out the sink and unhooked the stove-but here is the kicker--because of this he is deducting for food-$600 because he could not eat in such conditions. I have been landladying for so many years and ill now and cannot deal with courts. I said that it is absurd to have taken a sink out and unhook the stove--there is a microwave oven and a toaster oven. Is it possible that someone can charge for meals--he is a disaster--no lease yet and here for 6 weeks. Any response would be appreciated. Thank you,

Marilyn G., NJ

A: Go to Eviction Court. Go directly to eviction Court. Do not pass "GO". Do not collect $200.00. Why are you still sitting there?

Published 2009-04-14

Dear Mr. Reno:
Hi. I am a new LPA member, and I would like your help how to go about evicting problem tenants (a couple). When my partner bought a 2-unit apt in 2 years ago, tenants came with the property. One of them has been refusing to meet with us to sign the lease with us. We tried phone, visit, and notice on the door. We have their full name from the previous landlord but they didn't sign the lease. No ss#. As for SD, they paid $200 to previous LL and $70 to us. A couple of months ago, they've changed the lock. They tossed(!) their sofa to the backyard, and the city fined us $125. They pay rent regularly but one month behind - always. A week ago, I sent them violation notice regarding sofa ($125). What do I do next? Can I just file the eviction process like someone who didn't pay rent? Or would it take more process than that? Thank you.

D S (PA)

A: You can do it as a non-payment but that might just make them current. If you want them out no matter what, you'll have to serve a 30 day notice. (I'm assuming the lease is expired.)

Dear Mr. Reno:
How do I legally handle noise complaints? I do not employ a courtesy officer and feel the complaints are biased. What is the protocol regarding complaints?

Amanda Casey, Kentucky

A: For starters, you need a noise clause in the lease. Then you send violation letter to the tenant based on the noise clause. After that, you're at the moment of truth. Do you terminate the lease based upon the violation of the lease clause- a court battle you may or may not win? It's your decision. That's why you "get the big bucks!"

Dear Mr. Reno:
In the state of New Jersey with wrtten consent of a possible new tenant is now illegal to check their credit?
Thank you for being there for us.

Henry Grossman, New Jersey

A: It is legal with consent, (unless you know something I don't know.)

Published 2009-04-13

Dear Mr. Reno:
I own a 1 family home in Queens, NY with a basement apartment (not legal). My tenant moved in April 4, 2009. There is no lease, only a verbal agreement stipulating no smoking and no pets. On his first day, the tenant moved my refrigerator out of the apartment and onto my lawn without my permission. He smokes despite the fact that he was advised prior to renting that this is a non-smoking residence (I have severe asthma and he denied being a smoker when I interviewed him). When I attempted to speak to him about the refrigerator and his smoking, he verbally threatened me. My local police precinct said that since there is no lease and he has lived in the apartment for under 30 days, that I can remove his belongings to a storage facility and change the lock. Is this true?

Additionally, I have offered to pay his moving costs and refund his entire rent if he would just please move out. He refuses to move and continues to make verbal threats whenever I approach him. I am frightened to go home. I would like to know what options I have to remove him.
Thank you for any assistance you can provide.

Christine, Queens, NY

A: When you remove his stuff and he calls the police, I hope for your sake the person that gets the call is the same genuis that gave you that advice. He paid rent; he's a tenant, you can't just kick him out without Court. Sorry.

Dear Mr. Reno:
My tenant is has rented from me for the past 15 months. The tenant paid the first 6 months on a timely basis and then began making a few partial payments, missed a month or two and now is 3 months behind. I made the decision to work with her and she completed the lease period. She owes me roughly $4500 + $1500 in late fees. The tenant agreed to apply her security deposit and sign a separate promissory note for the balance due. I did have an attorney draft the promissory note and review the new lease.

I like the tenant and feel that she is being straight with me. I would like to give her a chance to repay me with out court involvement. She takes good care of the property. Tenant indicated that she wanted to stay in the home; I agreed to sign a new lease for 18 months with no security deposit. I made it clear that she cannot miss another payment or I will immediately evict her and pursue collections. I realize that I am taking significant risk here – but I don’t want to be stupid about it. I am not very experienced, I only have two rental properties.
My question is: At what point should you evict a tenant for non-payment?

Chris Martin, Michigan

A: This is the age old dilemma every lanlord faces. Whenever you evict, you lose money. When you don't evict, you get burned. You're damned if you do and damned if you don't. My suggestion, it's better to evict sooner than later. I have a client that starts his evictions after just ONE WEEK! And he has every right to be a meanie if he wants to. So pick your poison. You're a landlord.

Published 2009-04-10

Dear Mr. Reno:
We rented to a man that started a number of SLE homes which he made our rental a ladies SLE which we knew what it was all about. Was there 3 mo amd someone decided to close our house down there were numerous lease violations he signed a years lease. He is no longer there now someone else has taken his place. Lease states that joint & several liabilities. Should and can we sue for the rest of the years lease??or would it be worth our time and money.

Lila (CA)

A: You can, of course, but should you? That's your call. Keep in mind, however, that if you re-rent, you can usually only recover lost rent for the period that the unit was vacant. So you really have to wait until the year is up to see where you are as far as damages go.

Published 2009-04-09

Dear Mr. Reno:
I hired a property manager to find tenant and he finally found one in Jan’09 that happened to be his previous client. Property manager said the previous house got foreclosed and tenant had to move out. When I received the tenant disclosure, I found out tenant was also got foreclosed in 2008 and filed bankruptcy in 2003, but my property manager never told me. My tenant promised to build the backyard and paid dryer/washer they bought from me. So far, dryer/washer was not fully paid and they asked me to pay backyard (via email to property manager). I tried to call and contact them by email, nobody answered. My property manager also helped me to contact them, but they didn’t return messages nor call me back. Can I take any action? So far they’re never late to send monthly payment. Thank you!

Astrid, California

A: You're getting your rent. Stop whining and be happy (By the way, regarding "dryer/washer was not fully paid" I'm not sure what that means. Come to think of it, I also don't know what ""pay backyard" means. Maybe it's an East Court/West Court thing.

Dear Mr. Reno:
We may need to evict a tenant in upstate NY (near Oneonta, NY). There is no lease (was a family friend). Can we send an eviction letter ourselves, registered mail? If we want the tenant out immediately, how many weeks/months can the tenant legally stay before they have to leave?
Thank you.

John M., Eugene, Oregon

A: You didn't mention the rent. If they are current on the rent they get one month notice. This is tricky and you're gonna need help with this.

Published 2009-04-07

Dear Mr. Reno:
I am in California but own a mobile home park in Texas.
I am trying to evict a tenant for non-payment. They "own" their home but still have a lien on it from a lender and also owe back taxes. The judge has granted the eviction but what are my grounds if they do not remove the home at the end of 5 days? I doubt they have the money to move it....Can I take possession? What are the required procedures with the lien holder (who we can't locate)? Also, title does not appear to have been transferred from the prior owner..... Thanks in advance for help on this mess.

Tawnya F., TX

A: You have to call the Sheriff (here it's the Sheriff- other places, the "Marshall", or the Ranger, or maybe call Chuck Norris (for Texas). They're the ones that physically perform removals when they don't remove voluntarily)

Published 2009-04-03

Dear Mr. Reno:
Are net leases or partial net leases legal for single family dwellings and if so, will they stand up in court?

After reading the Landlord Tenant Act, I am not clear if they are even legal since it specifies the landlord is responsible for maintenance of almost everything. Does the Landlord Tenant Act trump a clearly written contract in which both parties agree to different maintenance responsibility issues?
I am in Oklahoma. Can you clarify? Thank you in advance

DL, OK

A: You can override a law with a contract if you're clear and unequivocal, like saying: "ANY RIGHTS TO THE CONTRARY PROVIDED BY THE LANDLORD TENANT ACT ARE EXPRESSLY WAIVED" (Try that.)

Dear Mr. Reno:
To make a long story short, evicted Tenant some months ago. She “vindictively” held the keys until the UD date, then handed them to the attorney, so there was NO trial that day. She then tried to take me to Small Claims Court for her deposit (which most of it had been eaten by her holding the keys for nearly 40 days). So we re-set the UD trial; judge wanted to ‘join’ the SC AND the UD. He heard both. Tenant blatantly lied in Court, saying she had moved out, etc. I HAD seen her moving stuff, but she left many nasty messages that she was NOT moving; I had even tried to get the keys back from her. Unfortunately, my side of the story about the keys did not come out in the questioning of the attorneys. Although, attorney DID show that she held the keys until date of first UD trial (which never occurred due to return of keys in hallway). Will the judge buy her story? Or is this crystal clear? Also, she did file a response to original UD about a month AFTER the date she just told the judge she moved!

Sally, CA

A: I've given up trying to predict what these judges will do. Usually their instincts are pretty good; they can usually figure out which side is lying about 75% of the time. I'll think you'll win this case, but nothing is certain, except death and taxes.

Dear Mr. Reno:
I have perhaps a very unique situation that I would appreciate any advice on.
In April of last year I moved into a friend's house because I could no longer stay at mine. The mortgage company had just starting going through the foreclosure process and he welcomed me to stay until either it was foreclosed on or I found my own place. He offered to let me live there for my portion of the utilities only as he had no intentions on making any mortgage payments.
During August, my last month there, the electricity was shut off due to nonpayment. I asked him about it and he said he didn't have the money to turn it on and the bill was $400. Since I needed electricity, I offered him $200 for the bill and told him I would leave it on the table for him to take. He never took the money and he didn't turn the electricity on I think because he was staying at his mothers house while there was no electricity. When I moved out I took the $200 with me because he did not use it as he was supposed to when I was there.
After I left, I talked with him about getting some things I had left behind and said if he turned on the electricity I would give him that $200. He said that winter was coming and he owed $400 or so on the heat bill and couldn't afford it. He told me I would have to give him $600 to get my things back. He still sticks to that to this day.
My question is, do I have any recourse at all to get my belongings back? There was no lease, there was no written agreement, there wasn't really anything.
Thank you so much Mr. Reno.
Sincerely,

April Carlson

A: Sorry this took until April, April. He has no right to hold your stuff hostage, but here's where you get the expression "possession is 9/10 of the law." You can sue in small claims court but there's trouble proving the value and also he may deny he has things. By the way, have you thought of calling the police, they may help b/c he's sort of stealing your stuff.

Published 2009-04-01

Dear Mr. Reno:
I am in NYC. My tenants were finally evicted by the marshal. They left a lot of damages, most likely more than $10,000. Could you tell me the statute of limitation to file a claim against them? Thank you so much for all your help.

Nina, NYC

A: Assuming its normal neglect, lack of maintenance, sloppiness and stupidity (legally "negligence") it's 3 yrs. If its intentional spitework (i.e. "vandalism") it's 1 yr. (It could also be breach of the lease (i.e. breach of contract) and then it's 6 yrs; so it's not so simple- Just do it within one year, okay?

Published 2009-03-31

Dear Mr. Reno:
I rent out 3 in-law units in my house & the studio tenant broke her lease by moving out 5 months early.
I returned part of her deposit, but retained 1 month deposit as damages (in lieu of notice).
I use all the LPA forms, CAR lease, and sent her a deposit return crusher letter. She never sent me a protest about the deposit witholding.
However, I had a call from the Fair Housing people saying the tenant's reported me for discrimination and I've got to go to a mediation meeting to settle it.
She tried to sublet her unit as a deal to get out of the lease.
Now she is alleging that I refused to rent to a disabled person and a person with a child. She has nothing in writing, but I did say she had to find one working person, because I thought the law in california was the same as the federal law which says private landlords living on the property with 4 units or less are exempt from the discrimination laws.
How can I make this go away?
What should I say at the mediation meeting?
Deny, deny, deny?
Please help me, I'm hanging on by a thread & can hardly manage my mortgage right now.
I'd be very grateful for any advice you could offer,

Anon in CA

A: It sounds like SHE broke the lease- not you- so you should be OK. It's true that you can't descriminate, but you're under no obligation to agree to a sublet. I'm sure if the person had come to you directly, you'd have rented it to them. Right?

Published 2009-03-30

Dear Mr. Reno:
I am currently living in Florida and am doing all the correspondence with my tenant from Florida,They do not seem to have the availability of their phone, at least for me, that being said, I have issued a pay or quit notice to my tenant, in South Barre, Mass. I sent the certified letter to them on 3/23/09 giving them until 3/31/09 to respond with the back rent, which is now $5,100.00. If I do not get satisfaction from this notice, and my next action is and eviction notice, can I have someone else in Mass obtain the eviction notice thru the Housing Court, ie a lawyer or a friend, and have it served to them, by the Sheriff, before I return from Florida in June? Or do I have to be the one to do it? I do have one of the Termination of Tenancy forms from your web site, can I use that as my next step, sending it by certified mail? Thank You You need to either be there, or have a lawyer there. You want to do it without a lawyer, first. You want to do it long distance, fine. But you can't Both be in another state and do it without a lawyer too. So pick your poison.

Judy S., FL & MA

A: You need to either be there, or have a lawyer there. You want to do it without a lawyer, fine. You want to do it long distance, fine. But you can't both be in another state and do it without a lawyer too. So pick your poison.

Dear Mr. Reno:
First, thank you for reviewing my question. I've lived in a 3 bedroom apartment for over two years. 7 months ago my roommate at the time and I interviewed a young man and agreed to have him move in. Last month I asked this guy to move because of increasingly hostile confrontations he and I have had about basic roommate issues. He does not think I'm entitled to ask him to find a new place and is enraged by the rejection, takes it very personally, and now I'm scared.

The other roommate that interviewed him is no longer here. The woman who replaced her is great, but is very frequently at her boyfriend's, so I'm alone at home with this guy in the evenings too often. Because he's a very small, effeminate man, the landlord and super don't seem to understand why I feel scared, but he is peculiarly preoccupied with me and gets irrationally hostile. He pushed me onto a couch last week and last Saturday night I called the police when he started screaming in my face how he'd never leave. I'm only a month-to-month tenant because the last lease holder broke the lease last July, and I think the landlord is interested in renovating and raising the rent with new tenants on our big apartment.

So, I'm the month-to-month tenant of record and this male roommate is hostile. There's more to the story (of course..), but I'll wrap up. Can I take him to housing court and, if I do, am I opening myself up for eviction because I only have a month-to-month arrangement? Thanks so much for any ideas you have.

Jaimie

A: If you're renting to him, he's your tenant and you can evict him. Contrary to popular belief, you do not have to be the owner to be a landlord. If he's paying you the rent, you're the landlord and you can just give him notice to vacate. I think you'll have to. If the police won't get him out, you'll have to do it. Good luck.

Published 2009-03-27

Dear Mr. Reno:
My tenants moved out and ignore my requests to give me their new address. I need to mail them a security deposit settlement letter within a month of their move out date. Should I just mail it to the house they just moved out of? How do I proceed?
Thanks,

Jason Bianco, FL

A: Mail to the last known address, by certified mail. Send a personal check. That way, it will be easy to stop payment if it's lost in the mail or they say they didn't get it.

Published 2009-03-25

Dear Mr. Reno:
My tenant left owing me over 500.00 after I allowed him to break his lease provided he paid for the excess water bill allowance and last days of his occupancy. How can I recoup the money he owes? I have a lease agreement and social security number for both tenants. God Bless!

V. Jean

A: He's out, so landlord tenant court has no jurisdiction. You're off to small claims court.

Published 2009-03-19

Dear Mr. Reno:
Question: We were awarded a judgment for possession on an apartment unit that was issued in late January but the officer which it was assigned to has yet to post the summons to the evicted tenant and will not answer or return any messages from us, the owners. What would you suggest as our next step to move this process along? Thank you.

KC, Pennsylvania

A: Send a certified letter requesting the status. The important thing is not what you say, it's who you "CC". Think of whoever this officer would not want to know he's not doing his job- that's who you cc.

Published 2009-03-18

Dear Mr. Reno:
I am in NYC. I had a holdover against the tenants and they were supposed to leave the end of Jan. But they waited until the marshal came 3 weeks later to evict. When the marshal came, she found a lady who's over 60, so the marsal told me that she had to wait for the social service to check out this senior citizen. Another month passed by, I heard from the marshal's office yesterday that the marshal would come in a week to execute the eviction order. Now I have two concerns: first, will the marshal find some other excuses not to evict the tenants this time? The second question is that since the last time marshal came, my sewage clogged up every week, I found the tenants threw in diapers, lots of pieces of old clothing, etc. I heard loud banging quite often and I am pretty sure they are damaging the apartment. What action I can take right now to prevent them from further damaging my property and would it help the eviction if I tell marshal that my tenants are damaging my property? Thank you so much.

Nina, NYC

A: They'll do the eviction this time, I'm pretty sure. As far as damage, what can you do? I only have one suggestion: Pray. Its out of your hands, for now.

Published 2009-03-17

Dear Mr. Reno:
What does a Landlord do when a tenant moved out before his lease ends and did not return the keys? He moved out in the middle of the night. A look through the window shows a filthy apartment with lots of rubbish and trash. When can the manager enter the apartment?

VB

A: Common Question. You can retake possession when a reasonable person would assume that the unit has been "abandoned." It's a matter of opinion, true, but I'd say this tenant is out. My rule of thumb is if his cothes are gone, he's gone.

Dear Mr. Reno:
I own a condominium in Manhattan. It’s all paid for – no mortgage or anything – and it’s in my name alone. I've owned it for 11 years. Right now, I’m now considering letting my boyfriend from San Francisco move in with me. But here are my questions/concerns: