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 2009-02-03

Dear Mr. Reno:
We have a situation where a unit of ours is in default for nonpayment of rent in Denver, CO.

The lease is signed by two parties, who are married. One of the tenants is MIA, the other wants to quit the premises, leave it empty and return keys and possession to me.

Our lease states that after 3 days of nonpayment the lease is in default and the terms of the lease can be terminated. This is what I wish to do. I do not want to rent to them any longer.

After the passing of the 3 days notice of "Demand for Compliance or Right to Possession Notice", if only 1 party shows up to hand over the place, the place is cleaned totally out, what are my obligations in terms of the security deposit?

Specifically, can I give the whole amount due back to just the 1 party? Does the cashiers check have to include both of their names? Can the MIA party come back to me at a later date and claim she is owed half the security deposit or worse yet, she still has a lease? Thanks.

Lisa Cernick

A: Make the check out to both parties. Problem solved.

Dear Mr. Reno:
Tenant belongings:
The deadbeat tenant moved out before the marshal come and I got the keys. He left some books, shirts and empty bags. Do I need to store them? He didn't leave me a forward address. Do I need to send him a letter to pick them up? What do I need to do to protect myself? Thank you so much.

Joe (NY)

A: The only way you can protect yourself is to store them for Thirty days (60 to be really safe.) After that, the books go Amazon.com and the shirts go on E-bay.

Dear Mr. Reno:
Is it true that in New Hampshire a squatter must be evicted? That the property owner must go through the eviction process?
The police call it a civil matter?
Thank you,

Peter Talas; NH & MA

A: That's usually how it works. This is distinguished from a trespasser which is a criminal matter. Once the trespasser is there awhile, (usually 30 days) he becomes a squatter and must be evicted.

Published 2009-02-02

Dear Mr. Reno:
CAN AN ATTORNEY SERVE A THREE DAY NOTICE , I MEAN THE ATTORNEY ACTUALLY GOING TO THE RESIDENCE AND SERVING THE NOTICE AND IF SO CAN THEY STILL REPRESENT ME IN AN EVICTION. Yes, Yes & Yes (I've been doing it for years.)

RUSSELL HERMAN, NEW YORK

A: Yes, Yes & Yes (I've been doing it for years.)

Dear Mr. Reno:
I am hoping that you could assist me in the following matter: I signed a lease agreement to rent a Sandton property for one year, with the condition of notice being two months. Does this mean that I am unable to move out of the property for an entire year, or does it mean that I can move out within this year if I give two months written notice?

dajeleinius, UK

A: They say "The Devil is in the details." (Write back- let's see the clause.)

Dear Mr. Reno:
My father in law passed away in 2005. Will was share and share alike. Brother in law is FINALLY being evicted from New York Estate. We are paying 20K to vacate premises to put things in storage, per law.

The problem is.... he says everything is his...... even the stove....... is he allowed to take items that were in the house prior to dads death?????? he's taking furniture, heirlooms, etc. that are to be distributed amongst us. Only problem, nothing was itemized.......... HELP

Carole S., Naples, Fl

A: Let him take it. Alternative: pay the estate lawyer a couple grand to get a restraining order. Is it worth it?

Published 2009-01-30

Dear Mr. Reno:
I read your article on some one signing a lease and then changing their mind. you stated that a lease is a lease. Here in Oneida I had this happen to me and the judge told me that if a tenant does not move in , he can get all of his money back, in this court. I could get some of this money if I had stated in the lease that if a tenant changes his mind befor they move in, that the landlord is entitled to so much a day for the days the apartment could have been rented but I could not get the whole months rent. I also had a case in Oneida court where my daughter had a $1000. security deposit on a building for a retail store and when she gave a 60 day notice to the landlord her came by the next day and locked her out. I went to court with her and thoght that we put on a good case and won this one. She got a verdict in the mail that the landlord has the right to lock the renter out if he so chooses. She lost her $1000. deposit. This court makes up their own rules and does nothing by the law. Damages are not allowed to landlords because as the judge once told me in open court. " I do not like landlords" They will give evictions only if back rent is owed and only on a month to month rental agreement. yearly rental agreements, they will not put a tenant out until the end of that year. How can we landlords in this area protest this kind of treatment to us without retaliation form these judges if we have to come back in front of these judges. can we protest to the state judicial system anonimously? we could really use your help on this matter.

Milton J., Oneida,New York

A: They say "you can't fight City Hall" and these are some good examples. I disagree with all these rulings you cite. Our best weapon is our lease, which you need to make as strong as possible (LPA has a great one, by the way) but if the Judge won't follow the lease (or the law), we just write it off as a landlord's occupational hazard and move on.

Dear Mr. Reno:
My home in Massachusetts is being rented by a couple with 3 children, I started a lease with them in 11/07-11/08 almost from the very beginning they were late with the rent, but paid it up thru 4/08, starting with May they have gotten more and more behind, I tried to work with them giving the option to pay $300 a week instead of $1,200 monthly, they still couldn't keep up with that, in 11/08 when the lease ran out I told them I would not renue the lease and they would now be month to month and sent them a Tenant at Will agreement to sign and mail back to me, to date I have not received it. They send money then they don't continue, as of 12/31/08 they are $3,400 in arrears with 1/09 rent due. I have gone as far as proposing a deal with a reduction of rent to $1000 but still paying $1,200 with 200 going to the back rent for 17 months. If they don't agree to the proposal I have told them that they will be getting a 30 day to evict notice. Being that it is winter and they having 3 children will this create a more difficult situation getting them out of the house? Thank You

Judith S., FL

A: I think you've done a good job trying to save these people, and probably went overboard by letting them fall 3 mos. behind. Now's the time for Court, they had their chances.
Don't worry about the kids. That will only buy them a month at most.

Dear Mr. Reno:
I have tenants that have moved out but are refusing to return the keys until they get the security deposit. I explained that I have 30 days to inspect the property and assess any damage and send them a notice of what, if any, the refund will be. They have also claimed the hot water heater is not working but have denied me access to the property and the police told me they can't force them to let me enter the property.

The police told me as long as they are there I can't make them give me back the keys but as of today the home is vacant. There are still a few of their posessions in the back yard but it seems to me they have moved out otherwise. Do I have the right to change the locks or am I breaking a law?
Thanks,

Renee E. Michigan

A: It's a judgment call. My opinion: if their clothing and valuables are gone (TV, Jewelry, Stereo) then they're gone. Probably OK to change the locks.

Dear Mr. Reno:
I really screwed up,I let the renters move in 1 week early and we have not completed the rental agreement,Their official start date to start paying is feb 1 09,they gave me two checks one the deposit check and the other the first months rent,the monthly rent is $1900.they dated the deposit check for 1/16/09 and they asked if I could deposit the check on the actual dates,anyway the deposit check bounced and she told me about it and said that when I came by they would have a cashiers check waiting for me,they moved in this weekend and said that they did not get a chance to get me a cashiers check,to please come by and they would have it on monday..the rental aggreement is still not signed,I have no money from them and they are in my home,what can I do? please help

William Miller, CA

A: There's only one thing you can do. Commence an eviction for non-payment of rent. Sorry. I have no magic wand to fix this disaster. (One other thing, call local police. Check Bouncing is a crime. In some places, the Court will force them to make good on their checks.)

Dear Mr. Reno:
Rent is 3 weeks late, I entered unannounced, to fix door knob and leave unofficial note to pay remainder of lease or move out. Tenant was not present. Did I enter illegally, even though lease has been broken by not paying rent? Yes, I believe it's called "Breaking and Entering" (Does your lease say you can go in? Otherwise, you really shouldn't.)

William, CO

A: Yes, I believe it's called "Breaking and Entering" (Does your lease say you can go in? Otherwise, you really shouldn't.)

Published 2009-01-29

Dear Mr. Reno:
Our tenants have a 12 month lease (we are only on the 4th month), they have just told us that they are moving out by the end of the month (we have given them a notice of rent not paid for this current month), but they are claiming they are moving out of the country (Hungary)...We only have about a week left in the month, is it even worth seeking legal help at this point and if they for whatever reason do not move out of the country, can we collect the unpaid rent for the remainder of the lease?

Monica, Anaheim, CA

A: Usually Hungary is a place people move away from. But if that's the case, you could sue them and get a default judgment in case they ever move back.

Dear Mr. Reno:
QUESTION ; I PERSONALLY DELIVERED A 3 DAY NOTICE TO PAY RENT DEMAND OR QUIT TO MY TENANT , I GAVE IT TO HIM IN PERSON , I ALSO SENT IT CERTIFIED AND REGULAR MAIL. I HIRED AN ATTORNEY FOR THE EVICTION PETITION AND AT TRIAL THE JUDGE SAID THE 3 DAY NOTICE WAS NO GOOD BECAUSE I SERVED IT MYSELF. IS THE JUDGE RIGHT , HE IS A LAYMAN JUDGE AND I AND MY ATTORNEY FEEL HE IS WRONG , NOW I HAVE TO START OVER WITH ANOTHER 3 DAY NOTICE AND LOOSE MORE RENT. WAS THE JUDGE RIGHT OR WRONG ? THANKS

RUSSELL HERMAN, NEW YORK

A: I've heard both answers. This is what we lawyer's call a "split in authority". Some cases say as long as the notice is reasonable (so you can do it.) Other judges say you must serve it the same way as the eviction notice (So you can't). It can go either way. I never let the landlord serve it, just to be safe.

Published 2009-01-28

Dear Mr. Reno:
I have 33 rentals in NY
I pay the gas and electric bills and they can get out of hand in a cold winter in upstate NY.
Some of my tenants could care less and would keep the thermostat on 80 degrees even if they are not at home.
After eating 350.00 gas bills for 1 bedroom apartments that rents for 550.00 per month. I put lock boxes on the thermostats and set them at 68 degrees to keep the irresponsible tenants from running up huge gas bills.
Now they are using the oven for a heater.
I'm worried this could over heat and cause a fire. Not to mention the gas bill and the ware on the new oven I just bought.
What can I do to stop this?
Thank you for your advice
All the best

Bob Donnelly

A: For starters, you're going to have to put a clause in your lease banning this practice, if it's going to be a problem. But what can you do about the present tenants? Not much, as far as I can tell. I guess you could warn them that if their bills continue to be high, you won't renew their leases, but that's about it.

Dear Mr. Reno:
My brother and his wife signed a 1yr. lease on a house. Well, their separating and he wants to remove his name from the lease. Can he do that? He's looking for an apartment as of now, but he wants his name off of the lease for the house their renting. Is this possible for him to do without any problems?

A: It's not up to your sister-in-law- it's up to the landlord. Good luck with that!

Dear Mr. Reno:
My son is renting a house with 2 other roomates, the lease is in effect till July 2009, 1 of the room mates has entered the military as of January 12, 2009, I realize he can break his lease under the Soldier and Sailors Civil Relief Act, but he is requesting his portion ($500) of the security deposit back, the Landlord has told him to get the amount from his 2 room mates. What is the legal procedure regarding security deposit. Thank you

Cindy C.

A: I've never heard of any regulation that entitles him to his security back. Sorry.

Dear Mr. Reno:
Hello, I own two properties in NH, and in this state we can only request 2 months rent up front for new tenants.
First and last or first and security.
I get screwed evey time a tenant vacates because they want me to use the security as last months rent.

So, not only am I out the rent for the month, but out of pocket for any repairs. Even if I write in the paperwork,that security cannot be used for last months...it doesn't matter. Any ideas on how to not get taken?
Kind Regards,

Denise, NH

A: There's only one way to protect yourself from this, but most people wont do it. If the lease expires 12/31, and the tenant tries to live out the sec. in Dec., start an eviction on 12/2 for nonpayment of the December rent. Make sure your lease says you'll get attorneys fees. Send a notice on 11/15/08 "You may not live out your sec. If you don't pay the Dec. rent a proceeding will be brought and you will be liable for the atty. fees." That will discourage it.

See LPA article: What Do I Do When The Tenant Wants to Use the Security Deposit As Rent?

Dear Mr. Reno:
I am in New York city. I won the holdover case and the tenant was ordered to vacate my house at the end of this month. I would like to know when to order the marshal. Can I order the marshal now so that he can come on Feb. 1 to evict the tenant or I have to wait until Feb. 1 to order the marshal. Thank you very much.

Nina, NYC

A: You can usually start the process in advance. They'll hold off the actual eviction until 2/1, but get the paper work going.

Published 2009-01-27

Dear Mr. Reno:
I had someone sign a 1 year lease, moved in at the end of June, and broke her lease and moved out at the end of November, she also has not paid her last month's electric bill. What can I do? I know where she works, but I do not know where she lives, moved in with her brother.
Thank You,

Cindy Teeple, State of Ohio

A: Your first stop is small claims court. Usually you can put down as the address her last known address. if she's not forwarding her mail, that's her problem. You'll get a default judgment. Try that, and get back to me.

Dear Mr. Reno:
I went to court for a eviction on January 20, 2009. The judge granted the eviction and gave the tenants a week to get out. I was not able to ask any questions or recieve any information. I would like to know is that five days or seven. I live in Las Vegas Nevada. Thank you Ora Lawson

Ora Lawson, NV

A: It's Seven (which I believe is also called CRAPS in Vegas.)

Dear Mr. Reno:
TENANT EVICTED BY WRIT/SHERRIFF. WANTS BACK INTO PROPERTY TO GATHER THINGS. SHE WANTS TO PAY STORAGE. i DONT WANT HER BACK IN THERE OR HER FAMILY. I WANT TO ARRANGE MOVERS TO MOVE OUT STUFF OUTSIDE THE SAME DAY SHE IS TO PICK UP. SHE REFUSES TO DO THIS. SHE IS AFRAID HER STUFF WILL BE RUIN.
DO I HAVE TO LET HER BACK INTO PROPERTY TO GATHER THINGS? CAN I HAVE HER THINGS SET OUT THE SAME DAY SHE IS TO PICK UP? i ALREADY EXCHANGE LETTERS WITH HER ON AMOUNT TIME DAY TO PICK UP THINGS. DO I HAVE TO LET HER BACK INTO PROPERTY THAT SHE WAS EVICTED FROM TO GET HER STUFF?

lAURA ., CA

A: That's a new one. I thought the Sheriffs clear everything out, or don't they do that in Cal? Anyway, you can't let the tenant back in or you run the risk of renewing the tenancy. I like your plan with the mover. Tell her it's your way or the highway.

Dear Mr. Reno:
Subject: mentally unstable roommate/tenant
I live in my 3 bedroom home and have rented out my two other bedrooms to help out with my mortgage. Both tenants have signed leases; however, one of my roommates has made direct threats to me and I feel, is mentally unstable. Even though it is my house, I do not feel comfortable in my home. My other roommate, who I did not know previously and has only lived in my house less than a month, feels the same way, as well as my previous roommate who did not spend time at the house in order to avoid her. So far, she has paid her rent on time, but continues to threaten me and has made comments about my dog (also worried about the welfare of my pet when I and my other roommate are gone). What legal rights do I have? My boyfriend offered me money to "buy her out" of her last month of her lease and my other roommate is likely to do the same to get her out. I do not feel safe in my house, yet REALLY can't afford excessive legal fees. Please Help!!! Thanks!

Deidre

A: You have to go for an order of protection, or a restraining order, or whatever they call it in your state. L/T court can't help you unless the lease expires or unless the tenant doesn't pay the rent.

Published 2009-01-26

Dear Mr. Reno:
We purchased a home with two units on the property. One is an apartment with a life tenant. We signed an agreement that states she pays a fixed rate of $500.00 per month rent. It is starting to become a drain on us financially. Taxes, insurance, garbage removal have all increased in price. We are also responsible for snow removal and lawn maintenance which we try to do ourselves since she pays so little. Well, when the grass becomes too long for her liking or the snow is not removed within her time frame she lectures us that we should hire someone and that it unacceptable due to her contract. More money out of our pockets. Would it be possible to break this life tenancy and have her pay fair market value for her apartment or are we stuck with her little rent and huge demands? Just as a side note she rented the same apartment out 8 years ago for $950.00 per month. Thanks,

Becky-MA

A: As you know, there's a reason they call it a "life" tenant. She's there until she dies. As far as the $500.00, you need an attorney to go through the contract with a fine tooth comb and look for a loophole. Don't get your hopes up.

Dear Mr. Reno:
My question is: My last tenant left me with 1 week notice. He has been promising to pay me up to date for the past few months, and now he left me w/o retuning furniture that was in the Apt. prior to him moving in on 5/08. His bill for the past few months grew and now he owes me with late fees $1,098.00........ What do I do to get my money returned and I do not have his new address. If I go to Small Claims and file for the address, what do I give. I cannot give mine???

Harry Sevush - Fort Lauderdale, Fl.

A: This is really a collections question, not an eviction question, but I've always used the Landlord's address because it's the last known address. But the last time I tried that, the judge wouldn't allow it because she said I knew the tenant was not there. So you can try it and see what happens.

Dear Mr. Reno:
I have a duplex in Niagara Falls and property manager says we can't charge extra for over use of water (even though there's a $50. charge listed in contract) because of the shared meter. Their rents are $325 and 425 and the past 6 months the water bill has been $2500!
We have had the water co. come out several times and they can not find any leaks and say I must pay for all the usage - now 2000 of it is on my property tax bill.
Question is why can't I charge them both a $50 a month "water overage" fee? and IF the leak or problem is IN the meter - does the water co have the responsibility to pay for it or me? Thanks for your advise.

Bernice Brightbill CA residence and NY rentals

A: Well, the problem with charging them both is you can't be sure whose causing the problem. I don't think the charge would uphold in Court with a shared meter. I wish I could give you a better answer. Do you have to wait until their leases expire and evict them both? Someone's leaving the water running. But if you can't figure out which one it is....

Published 2009-01-23

Dear Mr. Reno:
What is the minimum temperature requirement for offices and common areas, like conference and waiting rooms, in a building where the landlord provides heat and other utilities.

Bob DeLambily, New Jersey.

A: I was stunned to learn recently that the minimum temperatures in New York State is only 55 degrees. New Jersey: I don't know. Try the New Jersey Department of Health.

Dear Mr. Reno:
I am A landlord with renters that moved out before there lease was up ,They still owe 955.00, What can I do??

Linda From Wisconsin

A: Small Claims Courtville.

Dear Mr. Reno:
I must have a tenant's car towed because it is blocking the snow removal and the tenant refuses to move it. What are my legal obligations? Thank you for your help.

Lyn Brown, New York

A: You can't do it! They'll sue! Let them ticket it. Or if it has to be towed, let them do it. You're the landlord-not the highway department.

Published 2009-01-22

Dear Mr. Reno:
We had a written lease with our tenant that expired at the end of November, 2008 where he paid a monthly rent of $1500.00 due on the 1st. In October, 2008 he was late with his rent and told us he had been laid off from his job. We did not re-write the lease but told him verbally he could reduce his rent by $300.00 a month. He has made payments monthly of $1200.00 until now (January, 2009). He told us last week that he is trying to scrape together this months rent. We told him verbally that he would have to leave by the end of February understanding that he still would pay this month and next months rent. We still have not received this months rent and he has not returned phone calls. Can we now send him the 3 day letter telling him he must vacate by the end of this month (January) since he has not paid this months rent (even though before we said he could stay till the end of February)? Please keep in mind we do not have a written lease any longer.
Thank you,

Margaret S. FL

A: Yes you can serve him, because he has now defaulted. All bets are off!

Dear Mr. Reno:
the leasing manager and maintenance man use to work for the property have both resigned and now working and living elsewhere, however they were to be out the first of the year and return the key, still as of this date they claim that they still have a few personal items and that we will get the keys by the end of the month. Can we legually change the locks? I have made several calls and the attitude is go ahead and they will press charges because they still live there. There was never a lease signed because it was part of employment. Please let me know

Saed

A: You are on dangerous grounds here. If their stuff's still there, they're still there. Sorry. If you take a short cut around eviction court, you may end up the defendant in small claims court.

Dear Mr. Reno:
I have a Home Owners Association member 6 months late on the HOA monthly dues. They refuse to answer their email or telephone. I also understand they are late on property tax payments.
I plan to put a lien on their property, but I do not know the best process.
Thank you,

Acton Black

A: 1st you go to court and sue for the judgment, then comes the lien.

Dear Mr. Reno:
I own a mobile home in California, which I inherited from my parents when they passed away. My boyfriend and myself are on the lease with the mobilehome park. I would like to know how to get him off of the lease since this is my home. He has become very beligerant lately, screaming and yelling all sorts of things in front of our 11 year old daughter. He keeps her up all night with his yelling at me and fighting with me. Is there anything I can do to get him out. He won't leave because I asked him to, and it's just getting worse. Please, any information will be appreciated.
Thank you,

Laurie E., CA

A: Tiene usted un problema grande (Did I say that right?) You can't evict him, you're not his landlord. One tenant can't evict the other-You own the home-but it's not a house. Putting him on the lease was your mistake. You could go to the police and file charges for harassment. Also, if the LL will cooperate- you could wait for the lease to expire and ask for it to be renewed in your name only. One last thought How "mobile" is your home? Can it be moved (maybe while he's at work?)

Dear Mr. Reno:
My husband owns a property in Brakendowns , Alberton, Gauteng , South Africa. He has been renting this property out for about 5 years with the same tenant. Recently we have decided to move back to the premises. The tenant has signed a year’s lease which will now expire in September 2009 with these tenants.
As the owner of the property could we move back sooner and do we have the right to cancel the lease agreement with the tenant.
Please advise
Thank you

Natalie P., South Africa

A: Natalie- A woman has the right to change her mind, but a landlord doesn't. You're stuck with them until Sept. 2009 as long as they pay the rent. You could offer them a bribe to leave? $5000.00? (Just a thought.)

Also, if they should happen to default an the lease, you can evict them.

Dear Mr. Reno:
Where can I find (ie: subchapter, chapter, etc) written in regarding the legal requirements and/or notice for a landlord to enter a rental for anything other than emergencies within the state of Texas? I thought it was to be a 24 hour notice. But my landlord states that she may enter any time she desires to see if I’m keeping the place clean etc. This does NOT sound right.

Glenn Perkins, TX

A: You are correct. There is no statute giving LL this right to my knowledge-the right is what we lawyers call a "creature of contract" which means it's in the lease. If there's nothing in the lease, they can't come in. I guess it's time you read it?

Dear Mr. Reno:
My name is Perry and I am a member of the LPA. I wanted to know what are the laws for evicting a tenant who refuses to pay in Washington state?
Ie: Do they have squatters rights?
Thanks

Perry S., WA

A: That's a little vague. Can't you be more specific? As far as squatters go. Their only rights are to be served notice before being evicted. (Usually 10 days, sometimes 30-depends on the situation.)

Published 2009-01-21

Dear Mr. Reno:
My husband and I rented a fully furnished house 4 bedroom and three baths The tenant has paid rent late and is two months behind in the rent. we have given them a eviction notice to evict. They told my husband that they will paid on Jan. 23, 2009. If my husband takes the money will this stop the eviction notice even if they have been late and have not paid the late fees which are in the lease. Will it reinstate the lease if he takes the money.. Thanks ,

Patricia Drake, Huntsville, Alabama

A: Of course you can take it, but this raises the age old question, "can you evict someone just for late fees?" The answer is "yes" although it's rarely done. Also, your lease has to be worded correctly and precisely.

Published 2009-01-20

Dear Mr. Reno:
My dear mother passed away this past October and she owned a 2 family residential house in Jamaica, Queens. I am her daughter and the executrix of her estate. My mother lived alone on the first floor apartment and my youngest brother and his wife and 9 year old daughter live upstairs. My mother's will/trust state that she wants me to sell the house and then have the proceeds from the sale of the house split 5 ways between her five children which includes me. My problem is this, I have a freeloading and angry brother (and sister-in-law) who refuse to move out and continue to pay no rent. I wanted to begin by having the house appraised to find out the value and then proceed to put it on the market. I have learned from another disgruntled brother that the brother does not want to move out nor does he want to buy out the 2 siblings that are willing to do so he can purchase the house for himself, wife and family. Can I start a proceeding to evict him and what should I know going into this? Also,my late mother had hired a lawyer to draw up a lease several years ago for my brother and his wife to sign but they refused. Thank you for your help. Teri Smaltz

Teri S., NY

A: Well it's so unfortunate when these things happen. He needs to be served a 30 day notice this month to be out 3/1/09. He probably thinks he can't be evicted b/c he's a part owner- but he's wrong. And as Executrix of the estate, you're legally obligated to sell the house to liquidate the estate, so I guess you have to do what you have to do.

Dear Mr. Reno:
Since I am probably the world's worst landlord and have had my fill of abuse by tenants I am interested in joining your family. I have a specific question for now though that I can't find an answer to in the Q&A section. We had a tenant that moved out of one of our apts on Jan 1 - he has not returned the keys because he is basically holding them hostage until we return his security. He refuses to return our phone calls to discuss the matter. We live 35 miles away from the property so it is difficult to manage. My question is this - since he did not return the keys do we have the right to withhold part of the security since the apartment was not available? We have other keys to access the apt but have not had the time.

We haven't seen the place yet but my sister has and she said it's not bad. We will be seeing it tomorrow for the first time since they left.
Thank you for your assistance.

Lori S.

A: WORST LANDLORD:
You may have made many mistakes, but this time you are RIGHT! The tenant does not get security back until AFTER he surrenders the keys AND the Landlord has the opportunity to do an inspection.

You should change the locks and deduct it from his security.

Dear Mr. Reno:
I am renting a home from a lady my lease started in oct so I have to pay her on the 10 the 15 means its late. The first month that I went to go and dep the rent in her acount she put the wrong account # down we tried to contact her several times to let her know she called us back like 6 days later after the 15th and then told us we were late but it was her fault the second month I dep 800 in her account because we got served with a letter stating that if she didn't pay her hoa her house would foreclose so I got worried I called her texted her she never got back to me and when she did she yelled at me bc I only dep 800 in the account and I explained what happened and she told me not to worry about it when I offered to pay it for her bc she is living in ny. I then dep 200 more in her account a check I wrote for 300 bounced which I was unaware till about the 2nd week of Jan. and now its the 15 of Jan 09 and she is calling me telling me that if she doesn't rec the rent I will have to move out asap I am going to pay it even the extra 300$ from last month with a late fee and it clearly states in the lease if after the 15th rent is late there will be a 50 late fee. Can you please inform me on what she could do I have 3 young children my hours got cut at work what do I do!!!!

Nicole, Orlando Florida

A: Pay the rent! Don't worry about the late fees for now, you're not going to get evicted for not paying the late fees (sorry Landlords). If you would just pay the rent and stop bouncing checks, you'll have a lot less anxiety in your life. You have 3 kids. Your first responsibility to them is to pay your rent.

Published 2009-01-16

Dear Mr. Reno:
I have a rental property in Riverside CA. The bank is close to foreclosure. What do I need to do with my tenants when the foreclosure is filed? When do I stop accepting their rent? Am I legally responsible to return the Security Deposit?
Thanks in advance for your answers.

Layne M., CA

A: Now this is where I get in trouble because this may be a state by state thing. In general you can keep collecting rent as long as you are the owner, which in NY is right up to the foreclosure sale. For CA., I don't know for sure. Check with a local attorney.

Published 2009-01-14

Dear Mr. Reno:
If someone signs a lease and within 72 hours of signing the lease, does not want to move in (and hasn’t moved in yet)…what are their obligations?

Megan Burge

A: A lease is a contract. Landlord could sue or could keep money paid. Be careful.

Published 2009-01-13

Dear Mr. Reno:
When the plumber was repairing pipes in one apartment, he had to shut off the water; when he turned it back on, one of the tenants came back to find her apartment flooded because one of her kids left a faucet on. Next time, before turning the water back on, he went and knocked on doors yelling, "the water is back on!" - one of the other tenants had been out during that time to find her apartment flooded worse than the first and will probably need new carpet due to mildew. (Fortunately both tenants were on the basement level!) My question is, how much of the replacement cost do we charge?
Thank you!

Karen, MN

A: I'm going to answer you the same as Elliot from Vegas (see below): You can charge them the whole thing. But then the Judge decides. (By the way- this is a problem case; I would blame the plumber- but when it comes to Court, well, you might as well be in Las Vegas.)

Dear Mr. Reno:
My tenant moved out middle of November without 30 day notice. He returned one set of keys end of November. His lease ended 12/31. He paid partial rent for 1/2 of November. I have been told we can charge late fees starting from the amount of days he didn't pay in November. Do the late fees continue to accrue in December till his lease ended 12/31 or until we send him letter within the prescribed time frame of detailing damages and owing of rent. We want to charge him late fees from the middle of November till I send out letter which will be on 1/10. Due to the nature of renting problems in Las Vegas, we could only get 1st month's rent and security deposit.

Also, we have to replace carpet in the foyer due to stains that did not come out when the carpets were cleaned. Since we cannot get the same carpet, we want to replace with tile. We were given a quote to replace carpet with another carpet and color. The tile quote is higher priced since we have to put soundproofing in. Since this is an upscale condo and the condo has all the same carpet throughout, can we charge him for the tile or must we charge him for what it would have cost to replace carpet with carpet.

Elliot, Las Vegas, Nevada

A: You can charge one late fee per month- one for Nov., one for Dec. If you really want tiles, go fot it, but there's no guarantee the court will let you charge the tenant because it's an upgrade.

Here's the deal. You can ask this tenant for all the late charges you want to, and the tiles. What the Hell, maybe they'll pay it. Same in Court, sue for everything; The judge will decide what you can or can't get.

Dear Mr. Reno:
I just signed a lease with my boyfriend not even a month ago. He signed too and I am having doubts about our relationship and know now that he will most likly not pay the half rent expected. How do I get him evicted? I love the place I am at. It is a privately owned home by an individual. So the good thing is that it is not a management company. I dont know what to do.

Bonnie A., Orlando, Fl

A: I'm so often asked this question. There's no good answer. Usually it's the LL that asks me how they can just evict one person and I tell them they can't. It's one "Tenancy". They have to evict everyone- (can't keep the tenants they like.) Unless he'll leave voluntarily, you're going to have to start looking for a new place and a new boyfriend. If the Landlord wants to help, they could send him a letter warning that if he doesn't pay his half, he'll be evicted-but it's not without evicting you, so it's a quagmire like the Middle East.

Dear Mr. Reno:
I am a successor trustee and benefactor of a rental property. The rental agreement began 10 years ago and had been a month-to-month agreement. Following the death of my mother, I continued the month-to-month agreement with the tenants without ANY changes, i.e., no rent increase. I did so without our originating any “new” formal written agreement. The tenants simply began paying their rent to me.

Can you please give me the California Code(s) that address this “extension” of the month-to-month agreement I have with the tenants due to my inheriting the property? Thank you in advance for sharing your knowledge with me.

Julie, California

A: The general rule is that when a lease expires, the terms of the lease continue, but on a month to month basis. That rule is pretty wide-spread across the country, even though it's not codified in any particular statute. I don't think California is any different. Do you know something I don't know?

Dear Mr. Reno:
I have a single family home in Illinois which is rented to a couple for $1700 monthly. We recently purchased the home as a flip and got stuck in the down market with it so we are renting it. The home is a 3bd 2ba home w/ a full finished basement which is 50% the livable space in the home.

This past Sept we experienced flooding which destroyed the carpet in the basement and quite a bit of the tenants personal property. We pulled the carpet and put down a cheaper carpet. Our tenants were not happy but paid rent on time each month. The basement flooded again in Dec and it appears we have a recurring issue w/ basement flooding.

Our tenants are now requesting a reduction in rent of $500 each month for the remainder of the lease which is up on 4/30. They are claiming the space is unusable as either living space or storage space for fear of flooding and mildew/mold. We simply cannot offer them a $500 discount and as a result they are threatening to move out within a few weeks and claim they have a legal case to terminate the lease because we have not attempted to fix the foundation issue with the home since Sept. Furthermore they are claiming the basement and home is a health hazard because we never cleaned up the basement in Sept with bleach and other germ killers.

They have not paid Jan rent and we are currently trying to negotiate a fair reduction but are quite a ways off in price. We hold a full months security deposit.
1. Do they have a case to break our lease agreement?
2. If I sue, what exactly can I sue for besides back rent? Court costs? Exactly what attorney fees? Only day of court appearance or all attorney fees?
3. Would this be a civil suit or small claims?
4. Do I legally have to seek new tenants and show the unit to prospective renters?
Thanks so much.

Richard Molsky, IL

A: 1. Yes.
2. Depends what lease says.
3. The small claims court limit is between $3000.00 and $5000.00 depending on your state- call the Court.

Dear Mr. Reno:
I have a commerical tenant who has not paid Dec or Jan rent. I said I'm filing eviction, he replied he would keep rescheduling court dates. Can he do that? How long can he stall. I need him out I have to release to pay property mortgage.

Jacinda Taylor NJ

A: Everyone gets one adjournment. Some (about 1/3) get two. Very few people can get 3 adjournments. All you can do is appear each time and object to the adjournment. It will get progressively harder each time for the tenant to get it rescheduled.

Published 2009-01-12

Dear Mr. Reno:
I live on Long Island and I own a condo is Jacksonville. A year ago I leased it to a tenant and she has since skipped town on me, leaving 4 months before end of contract and not paying for any of those months. She was physically in the condo for 2 of those 4 months before she left. She left my place in shambles costing me a lot of money to have cleaned and fixed for a new tenant. I have called her and left messages and she never returns my calls, nor has she sent me any money that she promised to send. She has since moved to Indiana with her parents. Is there anyway I can take her to court to recover the 4 months rent and other costs? Thank you very much.

Brian Redfield, Riverhead New York

A: You can take her to Court- but not in NY. Only Florida has jurisdiction. I'd try small claims to save lawyer's fees. Good luck and don't forget to bring the sun screen.

Dear Mr. Reno:
Hi, I have a tenant, in NJ that just told me he does not have this months rent. They have been living in my two-family, owner occupied home for 11 months and have never been late or missed payment. Today is Jan 4th and I do have a 1300 security deposit which would equal one months rent. How long do I have to wait to try to evict them? Can I start now? If I start immediately how long will it take to get them out? Thanks

Heather V., NJ

A: You have posed the classic dilemma of the landlord. How long to wait? The whole process will take anywhere between 30 to 90 days, depending on your particular area. If you wait 30 days, then you've lost rent for 60-120 days. Wait 45 days, you're out 75-135 days. Get the picture? Right now they're living off their security. Starting 2/1, it's your dime.

Dear Mr. Reno:
I own 4 rental homes in Montgomery, Alabama. I recently formed an LLC. What do I need to do to place these properties under the LLC?

Steve Vickers Montgomery, Alabama

A: You need to file new deeds, transferring ownership from you to the LLC. Usually the County Clerk takes them, but the paperwork is done by a local attorney.

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