Q&A with John Reno, Eviction Attorney

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

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

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

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

Published 2008-10-27

Dear Mr. Reno:
My name is Ron, I live in Pompano Beach FL. I have a house in Franklin NC. I am having a problem to let renter move out. It is month by month no contract. Please advice the procedure of getting the renter out my house as soon as possible.
Thank you

Ron, Pompano Beach, FL

A: When it's month to month, you have to first give a notice to vacate. In most states it's one full rental month. After that, if the tenant doesn't leave, you evict them as a holdover. Note: It's harder to evict a tenant who's current than a non-paying tenant. You may want to hire an attorney.

Published 2008-10-24

Dear Mr. Reno:
We had tenants in our rental property located in Ohio who moved out January of 2007. These tenants followed the normal procedures for moving out, however when it came to the final inspection we found the home in such disrepair! We told the tenants they were forfeiting their deposit of only $250 which in no way covered the repairs we had to cover in order for new tenants to move in. In all honesty, we were so shocked we couldn’t think of what to do! We recently had a shut off notice of the water for the property stemming from those renters, which we had to pay. My question is two fold: may we sue them in small claims court for the arrearage of the water bill plus the $3,700 we spent repairing the damages to our property? Also, what is the statute of limitations for such an endeavor? (That is if we can find them). Thank you for your advice.

Bonnie K. Dobbs, OH

A: Yes, you can sue. Cause of action for water bill is based on breach of contract, assuming it was their obligation. In NY the statute of limitations is 6 years, but it varies from state to state. Damages to premises is a little more complicated. It depends what the lease says, and if it was intentional. It could be a negligence case (usually 3 years). To be safe, you have at least one year on all claims, so file before 12/31/08. Get going.

Dear Mr. Reno:
Can advertising and lease document contain language such as "Security Deposit is refundable minus a cleaning charge and/or cost of any damages"? Thank you.

Kay McGough, California

A: Yes, but in the lease, you should specify the amount of the cleaning charge or it won't be enforceable.

Dear Mr. Reno:
Question: I tried everything to get in contact with my landlord regarding my security deposit. I moved out over 2 months ago and he refuses to answer my calls or return my messages. I gave him my new address numerous times by e-mail, along with my final rent payment and verbally. He himself said that the apartment is in great condition and that all he has to do is shampoo the campets, yet I received no security deposit back. I have pictures of the apartment and all correspondence with him and even sent a certified letter. I filed a lawsuit yesterday. Is there anything else I can do to reassure I win this lawsuit? And can he countersue me for anything?I tried to search the forum but everything seemed to be landlord oriented. I would appreciate any information you can offer. Thank you.

Tish, PA

A: You did right. Small claims court is the forum to get your security back. You just need documentary proof that you paid it. Then the ball's in his court (to explain why you shouldn't get it back.)

Published 2008-10-23

Dear Mr. Reno:
Hello, My name is Tamica and I am a resident of St. Louis, Missouri.
My home was foreclosed on in January without my notice. My mortgage company told me they would give me time to sell my home and they didn't. The person who purchased the home was upset that I would not sign an agreement to pay rent to him if I did not move in 30 days. He did not get an eviction against me and locked me out of the house and threw all of my belongings away. He claimed that I had abandoned the property, but he never posted anything on the door. I have been told by attorney's that I have a claim against him for unlawful eviction, but what is the statute of limitations in Missouri on this?
Thank you

Tamica R

A: Construction eviction is what's called in the law a "tort" like an assault or a theft of money. In NY the law for intentional damage to property, statute would be one year. You've probably got a year, at least, maybe more. (Just get it done within a year.)

Published 2008-10-22

Dear Mr. Reno:
I RECENTLY MOVED INTO A HOME IN UTAH. WELL 3 MOS AGO. WE HAD A FLOOD IN OUR DOWNSTAIRS. THE LANDLORD TOOK 72 HOURS TO COME N REMOVE CARPET ETC....WE HIRED A FLOOOD RESTORATION PERSON TO CHECK WALLS ETC FOR MOISTURE AND HE SAID WALLS WERE WET N NEEDED TO BE REPLACED AND CHECKED FOR MOLD. THE LANDLORD REFUSES TO HAVE IT DONE PROFESSIONALLY. WE HAVE CHILDREN WITH REALLY BAD ASTHMA AND TOO RISKY TO HAVE EM LIVING DOWNSTAIRS WITH WALLS THAT HAVE MOLD. CAN WE BREAK OUR LEASE?

DEE HEINY

A: Another "mold" question. The question is, if the landlord takes you to Court for breaking the lease, can you prove that the mold rendered the home "inhabitable"? It's not easy. You may need an expert to back you up. (Maybe you could talk to the landlord and mutually agree on a move out date?)

Dear Mr. Reno:
I have a 3-flat. I rented one of the units to 2 tenants. I signed the lease but the tenant held the lease for her roommate's signature. They will not give me the lease because they said they don't like the apartment. I offered to terminate their lease but they refused. The second month of their tenancy the P-trap under the kitchen sink broke while I was away for a week. I made the repair upon my return. The tenants paid the rent 3 weeks late and withheld $200 for not fixing the sink sooner. They refused to pay the late fee. I have not cashed the rent check. I would like to terminate their tenancy. Do I give them a Notice to Quit in 30 days and then post a 5-day notice? Thank you for any help. In 15 years I have never had a tenant problem in this building. Sincerely,

Nancy Erikson, Illinois

A: Yes you give the 30 day- But there's a problem: You signed the lease- if they sign it, won't you have to wait until the lease expires?

Published 2008-10-21

Dear Mr. Reno:
If a tenant moves in and 3 months into the lease they complain about bed bugs, who is responsible to pay for exterminating?

Jorge Matos, In the state of Massachusetts

A: The landlord, unless the lease says otherwise. Sleep tight (well, you know the rest...)

Published 2008-10-20

Dear Mr. Reno:
I’m a tenant who paid my rent on the 6th of September. I received a 3-day pay or quit and a 3-day pay or perform covenant on the 11th due to a return check. I checked with my bank because I knew I had enough money and the check was not returned and until now still has not been presented to the bank. I tried contacting the leasing agent everyday until someone gave me a call which was on the 17th asking for a copy of the returned check because my bank doesn’t have a record of the check.
To make a long story short, I received a copy of a ledger from the leasing agent 21st showing a charge but did not receive a copy of the check and I gave them a cashier’s check for rent, late fees and return check fees and got a receipt.
On the 23rd I received a letter from the leasing office with my cashier’s check stating that they are not accepting payments on my account because they are in the eviction process, which I go to court on the 23rd of this month.
1. Are these grounds for eviction?
2. What is the best way of showing that I tried to get this resolved but I was the one being put off by the leasing agent.
And by the way, last year this time he tried the same thing but it didn’t have anything to do with a return check it was his mistake.

G.C. from Ca.

A: You should beat this rap, but I have a question. You say you "paid." How did you pay? Mail? Can you prove it? Otherwise, bring the cashiers check to Court; if you can't prove you sent the other check, you can tender the new check.

Dear Mr. Reno:
Greetings,
If a Multi-Family or a Large Commercial Rental property is a Trust Property (In Trust) and the rents are paid to the Trust via the Trustee, Can the tenant (Occupancy Agreement not a regular lease) claim a portion or all of the rent paid to the Trust at the end of the year (1040). Thank you.
Best regards,

Edgard

A: I don't believe so, but you really need to ask a tax guy.

Dear Mr. Reno:
I have a question I hope you can answer for me.
I love in Utah and have been in a year lease since Oct. 4, 2007. My lease is up on the 31st of 2008. I just found out today from the property manager that the owner isn't renewing my lease and wants me to move out so he can move in.
What are my legal rights as far as time is considered for being out- don't they have to give me 30 days notice even when I'm in a lease agreement? Any advice on this subject would be appreciated and very helpful.
Sincerely,

Rebecca Salleh

A: I believe you are correct although I recently had an agreement with an apartment building lawyer. He says if the lease is up on 10/31 he can evict on 11/1, but I disagree. The landlord should have notified you prior to 10/1 to leave by 11/1. You could go to Court to find out who's right..... or make a deal. Tell them you'll pay the rent on 11/1 and leave 12/1. They don't want to go to Court any more than you do.

Published 2008-10-16

Dear Mr. Reno:
My name is Brienna Wilson i live in Reno, NV and I am being evicted by my roommates whose father own the house they gave me until december first and i wanted to know what my rights are because we dont have a rental agreement.

Brienna Wilson, Reno, NV

A: Usually it's 30 days notice. I hope you didn't think having no rental agreement means you can't be evicted. They gave you 45 days. Why would you want to stay past Dec. 1? When do you want to leave? Sometimes, these things can be negotiated.

Published 2008-10-15

Dear Mr. Reno:
I have a couple and two children who signed a one year lease. In the second month of their stay, I received an e-mail from the wife on the 16th of September that the couple was splitting up and they were giving their notice that they were breaking their lease, and would be out by the end of September. She apologized and said that she wanted to let us know to make sure that we got it re-rented quickly. I e-mailed back and said we would set up a date on the 30th to get keys and remotes back and reminded her that power and water needed to remain on through the end of the month. The wife was the main contact from the showing, to the signing of the lease, and even when the second month's rent check was late.

On the 30th of September, the wife informed us that they were going to move what they could of her husband's belongings to the garage since he was out of town on business and would be back on the fourth to come and collect his items. She told us that he wasn't even answering her phone calls or returning her messages. She also said that her son and the father were moving into an apartment together. Late in the day on the first, after no phone calls from the wife to return the keys, we checked the house, which we found had no power and had some items of her husband still left in the home. The house was filthy and in major disrepair from their moving, and we found out that the power had been off for a week already.. The wife sent a friend that day to collect the remaining items that she was unable to move out in time and returned one garage remote.

We got to work cleaning the filth and getting it into shape to start showing the home to try and get someone in for October. The locks were re-keyed, and we took the remainder of the husband's belongings and placed them in the garage thinking we were making the move a little easier for him, and making our cleaning easier as well. They had a garage code and the second garage remote to gain access to collect it. On Oct. 4th, the husband called me and said he was flying back into town and would not be able to get his belongings until the 5th. I told him he could have up until the 6th, since we needed to start showing the home again.

He claimed that his wife had just told him all of this four days before, and that she would not give him my phone number, although my name is on the lease and I am listed in the phone book. October 5th he called again to say that he would be over on Monday the 6th to get his belongings and then started saying that for all we knew he had intended on staying in the house and that we should not have re-keyed the house. I told him that his wife had told me that he and his son were moving into an apartment together, and he even agreed in this same conversation that they were, and that I had not received a rent check on the first as stated in our lease to reverse any written notice of intent to move out.

This has turned into a weird situation, and now he seems to be turning the tables and saying that we did something wrong by re-keying the house. I had notice of intent to break the lease and move out, and didn't think I needed to call each tenant on the lease to verify this.

Please advise. Thank you.

Jennifer B., Florida.

A: I believe you're covered- don't lose that notice from them. The only question is- did they move out, or did you move them out? It's a grey area- but they turned off the power, so I guess you could reasonably have assumed they had left. I wouldn't lose any sleep over it.

Dear Mr. Reno:
I have a tenant who just renewed her third lease with me but she is a thorn in my side. She recieves section 8 at the initial lease signing ,her rent is $1300.00 a month she offered to pay $1200 from Section 8 then $100 from her husband. since she moved in it has been one headache after another she incites the other tenants and compares her lease with them etc. On the third lease renewal I informed her I will not pay her utilies anymore. She went ballistic, gave me a letter of her intention to move and when I found another tenant she begged to stay but now she refuses to pay the full amount since September she has paid me $50.00 less and when I protested, her sister who claimes to be an Attorney called me and threaten me with court and that our arrangements was illegal and I must give her $50.00 off as she is paying the utilities. Is there any way I could release her from her lease? She has a year's lease. Please please help. Thank you for your advice.

Linda Vincent, New Jersey

A: I don't think so. But I'm confused. Is she current? Also, you said you changed the lease- that's okay- but did you provide a copy of the revised lease to section 8? If not, you've got troubles.

Dear Mr. Reno:
I live in Massachusetts and moved into a multifamily home. Signed a lease and found fleas and rodent droppings. We were there only for 1 month paying September and October. We moved out as my grandchildren and myself had flea bites. The landlord wants us to pay for November until he can rent it. Can he make us pay for the rest of the lease due to these conditions. Thank you.

A: You have a defense, but it's tough to prove. If you can convince the court that the lease made the premises "uninhabitable" the rent can be waived or reduced. What is your evidence? Photos? Witnesses? If you want to fight it, go for it!

Dear Mr. Reno:
I went into a commercial lease agreement on a rental property in New Jersey. This lease was a 3 page lease signed by myself and my daughter (partners) and the landlord. There was a dispute about the security deposit which he gave me 90 days to pay. He told me in the beginning that I would need 1st month/last month and 1 1/2 months security deposit. I gave him 1st month and I figured that I had to come up with the 1 1/2 month and last month for security deposit in 90 days. Well 90 days are up and he says that I owe him the equivalency of 1st/last and 1 1/2 months. I told him that I was going to seek legal counsel and now my lease and payment agreement is missing out of my store files. He has since seek legal counsel and I received a letter stating that I had 30 days to come up with the whole security deposit or the landlord will take over my store and equipment as we did agree. I asked his lawyer to fax me a copy of the lease (since I then found that mine is missing) and he did and it isn't the same lease as was signed in the beginning. There isn't even a signature of either of us (Lessee or Lessor). I feel that I can't trust this man and his partner now. I don't know what to do and I don't have the monies to pay a lawyer but I don't want to lose my equipment either. What do I do in a situation such as this. If he doesn't have a signed lease does this make our lease null and void?

Thank you for your time and consideration on this matter.

Valerie in New Jersey

A: Well he can't take your equipment, but he may evict you- If there's a lease, you must pay the security in the lease- if there's NO lease, then all he has to do is give a 30 day notice- you lose either way. Do you want to stay or not? You agreeded to the 1+ 1 1/2. If you want to stay, pay it. If you don't, then don't.

Dear Mr. Reno:
Mobile home owner, Eviction complete, Judge ruled in my favor. Tenant left, but damages were so extensive the insurance company wrote it off as a complete loss. Even though the Insurance company paid me for the loss can I 1) List this on the Tenants Credit Report and 2) Seek damages for the total loss of the home?
Thank you

Rick In Virginia

A: Yes to the first question but on the second question you are dangerously close to accidently committing insurance fraud. I think you have to notify them, and the Ins. Co. might have rights to what you recover (it's called "subrogation"). So I guess the question would be, what's the point?)

Dear Mr. Reno:
I have a roommate that isn't paying rent. How can I go about evicting that person?

Netta, Texas

A: It's basically the same eviction procedure- but the tricky part is when you have to particularize the area that your evicting him from. Sometimes when it's one particular room, I have to attach a floor plan to the petition so the sheriff of marshall knows which room to clear out.

Dear Mr. Reno:
In 2005 myself and a friend entered into a rental agreement for a home. I moved out in Dec 2006, and requested in writing that my name be removed from said agreement. Upon following up with rental mngt. co. to confirm my name had indeed been removed. I was told they would not remove my name and the only way to do so, would be to surrender the property completely. My roommate was staying, so to be nice I just moved and let my name remain on agreement.

In Sept 2008 I found myself unemployed and my old roommate invited me to move back in until I could get back on my feet. Upon returning to the home I was flabbergasted to not only find that the home was in disrepair (broken door locks, electrical outlets rewired, broken garage door etc), but the spare rooms, dining room and garage were now being used to cultivate marijuana. And to avoid the cost of all of the grow lights my former roommate was stealing electricity.

I notified the utility company of the theft and they in turn shut off power to the home and completely removed the electric meter. I immediatly notified the property management company of the situation, including the fact that he was growing marijuana in the home. Hoping they would evict us and I would finally be free of this burden. Unfortunately, the prop. mngt. co. chose to contact my roommate and inform him of my accusations (without coming out to see for themselves). Subsequently, my roommate relocated his 'crop', and cleaned up the front of the house (seen from street).

We still have no power, nor can we get any until he pays the fine. I asked the management company how could they force me to live here when the house had no electricity and was used for illegal purposes. They said "well if I were you, I would just stay away from there then even if your name is on the agreement." I don't understand how I can be forced to live in these conditions, and I don't believe the remedy is to just go away and hope for the best (regarding my liability for the illegal activity which will surely resume).

Any direction you could provide would be greatly appreciated.

Melissa H., California

A: A landlord can't turn off your power- the problem is, he didn't. The utility did. It almost seems like your problem is more with them, then him. But they're holding you liable for the fine, and that doesn't surprise me.

When you have a roommate, it's like a partnership, and roommates, like partnerships are both fully responsible for the rent, and just about everything else.

You should drive out to the power company (if you haven't already) and try to make a deal with them. Sometimesthey make special allowances for hardship situation.

By the way, noones "forcing" you to stay there- you seem to want to. You need to get your lights turned on first.

Dear Mr. Reno:
I am a resident in the state of Alabama. We have a title to a mobile that is sitting on a landlord’s property. We owe the landlord a sum of about 5,000.00. Recently the mobile home was robed and two cars, and a lot of items valued well over what is owed was stolen. I need to know where we stand from a legal point. Can we fight this? Or is this a losing battle? Please Wright back at your earliest convince. Thank you,

Max Haines

A: When you say "fight this" what do you mean? Sue the landlord? On what basis? You need proof that the landlord had bad security, unreasonable under the circumstances. That's a tall order.

Dear Mr. Reno:
Could you advise if there are any circumstances where you can move a tenant’s possessions out of the property and into a secure storage facility without following the state’s normal evictions procedures? I have a tenant who has stopped paying rent and just discovered he is a convicted registered sexual offender who also threatened and assaulted me earlier this week. I am now too scared to go back to the property and equally scared of what he will do to the house if I press charges. I have a clause written in my lease that I have the right to enter and remove property to a secured location etc. but friends are telling me not to do it. A pay or quit has been filed.

Susan, Virginia

A: Your friends are right. What you are contemplating is called "constructive eviction" or sometimes "self-help". It's illegal, unless that creep leaves voluntary, you'll have to evict.

Published 2008-10-14

Dear Mr. Reno:
I live in Arizona and manage a house That was raided last friday. All occupants and guest were arrested. There are 3 people there now who are not on the lease and I had no knowledge of them. After some investigation I found the one girl is on probation and the largest amt. of drugs and paraphanalia were in her room. She was released by the next day! The man on the lease has been a friend for 4 yrs and happens to be illegal after his papers expired while back and he couldn't renew due to all the hoopla in AZ. He's being charged with everything. Now, history provided... This lady and another woman & man are there and the official tenants: tools & coins are missing, his clothes have been ransacked and put in boxes. All the vents had been removed and the attic door off. The man was laying on the tenants bed with an arrogant attitude when questioned. I have things there too. I am worried everything is going to be stolen or damaged before we can get them out. Through research all I can find is A forcible retainer and don't fully understand it. There has to be a quicker way. HELP!

Sincerely, Kim W. AZ

A: You could try the cops. Tell them these people are trespassers- but I doubt it will work. The police will probably tell you to evict them in court, and so you shall probably have to. They get a notice first probably 30 days (maybe 10) and then get evicted as a tenant. You probably need a lawyer for this. It's tricky. The ironic thing is that a nonpaying tenant is easier to evict that a vagrant. The vagrant's legal status is, well, vague. That makes the procedure at times ambiguous.

Dear Mr. Reno:
I recently rented my home and now the tenant has broke the lease by calling me to give me notice she is moving out. She has had problems between her children & neighborhood children her excuse is her childs life is in danger because there have been 2 fights between the children. there are still 6 mo left on the lease & she only paid half the rent for Oct.
There are damages to the home broken garage door opener holes in the walls etc. is small calaims court my best option do I need to hire an atty.

Charlotte Moorhead, Georgia

A: First, make repairs and rerent. That's your first order of business. SAVE YOUR RECEIPTS- YOU'LL NEED'EM. Then when you rerent- you can add your lost rent to the small claims court action, if you're under the small claims limit- (usually 3 to 5 thousand.) If you go over the limit, then you probably need an attorney. Good luck. (As always, if you or any of your party are captured or killed, this office will disavow any knowledge of your activities.)

Published 2008-10-10

Dear Mr. Reno:
I have been living at my rent stabilized apt for a year and just got the lease renewal. I just recently became unemployed and was wondering if that will hinder the renewal of my 1 yr lease? I have substantial savings as well as a guarantor on the lease due to my credit rating being a bit short of the mgmt co.'s original requirements. The renewal is requesting an updated contact form including present employer & contact info and so I'm concerned if they see I don't have employment that they will not allow me to renew. Is that possible/legal even if I have a guarantor on the lease?

As mentioned previously, my guarantor has signed the one year renewal and I am more than confidant that I have enough to cover the rent ten fold so as not to default, not to mention I am close to securing another job. I just don't want to find myself having to move and find another place to live in addition to finding a job.
I would appreciate your help.
Thank you in advance,

C.H. - NY

A: You can't legally compel a landlord to renew a lease, but why aren't you telling all this to your landlord? You've convinced me, now convince them.

Dear Mr. Reno:
I moved in to an apartment building on August of this year. the owner of the building has not given a lease/contract for me to sign. I found out today that most of the apartment have bedbugs, mice, and the building its not deleaded nor the apartments. I have a child under 6 yr. old.. As a part of the deal I was required to give first and last month rent to hold the apartment. I want to know if I have any obligation to sign the contract if the apartment is not deleaded. Nor the building manager and/or the building owner informed me of the pest issues and that the apartment was not deleaded.

A: There's no lease; why don't you just move out? Give at least 30 days notice, if possible.

Dear Mr. Reno:
Mr Reno, I rent a house in Texas, however I live and work in Oklahoma. I intend to retire and move back to my "rented" house. What would be the appropriate amount of time to inform the leasee when to vacate the premises and their lease will not be extended. I intend to move in when their lease expires in June 09. Thank you,

Joe L. Reyna

A: That's a tough one. Legally, you only need to give notice on 5/1/09 (or maybe 4/1/09 depending on your lease.) But you could tell him now and give him eight months notice. The question is, would that be a good idea? He may start looking now, break the lease, and you may end up with a vacant home for six months. Just a suggestion: Tell him 3/1/08. (But it's really your call.)

Dear Mr. Reno:
I gave tenants on a month to month lease 30- day written notice. Notice was served on 8/11 and became effective on 8/15. I read in a NYS Landlord self-help book that tenants had one CALENDAR month after notice was given (outside of NYC.) This would mean that the tenant essentially had until 9/30 to remain in the apartment. I sent them a notice that they were legally able to remain for one full CALENDAR month, and if their rent was paid ON TIME and IN FULL, that i would refund them 1/2 of their monthly rent( they ignored the offer) The tenant only paid one half rent for the month of Sept., The tenant refused to let me enter the apartment for the purpose of showing it to perspective tenants. They will be out on the 15th (most of their stuff is gone). HOORAY. My questions are:
1. because i gave them 30-day notice on the 8/15, are they still liable for the full month's rent (unpaid amount will come out of security)
2. If I am unable to rent by 10/1, because of their interference with letting me show the apartment (which was stated in the lease), can i sue in small claims for Oct. rent?
3. What do you suggest as a remedy when tenant fails to comply with the portion of the lease which grants access to the landlord? The Sheriff was no help, said it was a civil matter.
Thanks in advance,

Susan S., Saratoga County, NY

A: 1. Yes.
2. No, because the Court will not assume you'll have rented. They'll say that's speculation.
3. Those clauses are effectually unenforceable. They're good to have, and sometimes tenants comply with them, but when they don't, there isn't a hellova lot you can do about it.

Dear Mr. Reno:
Hi, My name is Gloria from South Carolina. I have rental property and my tenant is now 3 months in the rear. She has avoided all phone calls, and I have sent a letter informing her that due to non-payment and no efforts to make any payment that I will proceed with the Eviction process. My tenant is receiving assistance through the SC Housing Authority.
What are the steps to file an eviction notice and is there a fee ?

Gloria from South Carolina

A: There's a filing fee is usually $20-$45. If you're going to try this yourself, start at the Courthouse. Some of the Courts now give out the forms to people. If the court in your area won't help you, you probably should hire someone. Either way, it starts with the forms.

Published 2008-10-09

Dear Mr. Reno:
I'm a member of the military and tenant in Jacksonville, NC. I have a six month lease which ceases as of October 20th, 2008. I have submitted a notice letter which turned out to be submitted a week later than expected for my 30 day notice- my fault. Anyhow my landlord replied with a letter stating that now I'm obligated to stay in the apartment until October 30th, 2008. I have paid for this month's rent on-time as I did for the previous months and my landlord has never had a problem with me. Do I have to keep the apartment until the newly posted date or can I legally leave before the original lease date and still retain my security deposit without being penalized? I don't want to pay extra for a place I'm not going to be living in and would like to move-out before October 20th, 2008. Can you advise me on what to do?

Phillip R, NC

A: It sounds like she's only asking for 10 more days, no? It could be more, you may be liable for a whole extra month. You should quit while your ahead (by 20 days.)

Dear Mr. Reno:
My grandmother rents a trailer to a man who, to date, owes $865.00 in back rent. There is no lease, so my understanding is that it he now qualifies as a month-to-month tenant. What is the eviction procedure for such a case in the state of Florida? Also, are there any liability concerns that she should have? She does not hold a security deposit or owe the renter any money at all at this time. There have been no complaints made by the renter regarding conditions of the property at all---certainly none in writing. He once claimed that he could turn her in for the property not having a septic tank (about 6 yeas ago), but he has since installed one. Thank you very much for all of your help.

Joseph S.

A: As far as I know, you evict a trailer occupant the same way you evict any non-paying tenant. I believe in Florida requires a "Notice of intent" to evict 1st, and then to lanlord/tenant court. Either hire a lawyer, or go to the courthouse and ask for the forms. As for the liability part, she's okay.

Published 2008-10-08

Dear Mr. Reno:
I moved in to an apartment building on August of this year. the owner of the building has not given a lease/contract for me to sign. I found out today that most of the apartment have bedbugs, mice, and the building its not deleaded nor the apartments. I have a child under 6 yr. old.. As a part of the deal I was required to give first and last month rent to hold the apartment. I want to know if I have any obligation to sign the contract if the apartment is not deleaded. Nor the building manager and/or the building owner informed me of the pest issues and that the apartment was not deleaded.

A: I think you should give 30 day notice, live out your last month rent, and move. You haven't signed a lease yet, maybe that was a lucky break.

Dear Mr. Reno:
My home was rented to 3 people with a signed lease. They sub leased illegally to a 4TH person. The rent was $1550.00 a month. How and what can I charge this 4TH person per month for use and occupancy? I'm sure I'd have to go to small claims.

Laurie Anino, CA

A: You can't- you have no agreement with #4. But, are the 3 violating the lease? If so, you can threaten to evict the 3 unless they agree to a rent increase.

Dear Mr. Reno:
On what date, if serving the tenant a 30 day Notice, does the tenant have to be served? I am in the state of Illinois. Thanks

G Pothier, Realtor Coldwell Banker Brokerage

A: If you want the tenant out on December 1, 2008, you serve the notice BEFORE November 1, 2008. You don't have to serve it on a particular day. You have to give more than one rental month's notice. (see below for another example.)

Dear Mr. Reno:
My tenant gave me a check that bounce. I had to evict the tenant for failure to pay rent. The lease clearly states that she is responsible for the rent even if she is evicted. What can I do about the bounce check.

Rev. Claudette, NJ

A: In many places you can get the police to prosecute. (It's a misdemeanor where I am.) Prosecution is helpful because usually they'll make him make good on the check to get the charges dismissed. If the police wont prosecute, then it's small claims court.

Dear Mr. Reno:
live in New York. Please call me Jackie. I am one of three siblings whose name appears on the deed to my mother’s house. She deeded the house to us but remains living there as she always has. Her main purpose of deeding it to us was to protect a nursing home from taking it from her providing she needed to go into one. God willing that will never be the case. She rents the basement apt. and is unhappy with the tenant. There is no lease and we have decided to no longer rent the apartment. How long do we need to give the tenant notice to move? Thank you,

Jackie

A: Before the rent is due, you give notice to terminate the rental for the following month. Let's say the tenant pays on the 15th of the month. Prior to 11/15/08, you serve notice to terminate on 12/15/08. (see above, for another example.) Get it Jackie?

Dear Mr. Reno:
I have a tenant that we did not renew the lease therefore she was month to month. She notified us she was moving out, but did not give us 30 days notice (about 20 days). I do not want to give the security deposit back because we did not get 30 days notice.

James kolber, Williamsville new york. thanks

A: I've been asked this same question frequently. My belief was previously that security could be used for rent, but my lawyer freinds are telling me I'M WRONG! However, if the tenant sues for the security, you have a "counterclaim" for one month's rent becuase of the lack of notice. So maybe we all end up in the same places, UNLESS, you immediately rerent and lost no rent. If that happens, you give it back UNLESS there's damage, so it's a little complicated.

Dear Mr. Reno:
Delinquent Water Bills - in our town the waterbills are the responsibility of the actual homeowner - the Landlord. Even when they put the water into their name - we are still held liable.
First question - how can we get this changed - what steps do we need to implement? Secondly - dealing with tenants is there any new ideas on how to handle this - building it into the rent - keeping in our name and billing the tenant etc?
Desperate!!

Mark Mullet, Alliance Ohio

A: You specify in the leases that you will pay the water bill but then the tenant has to reimburse you as "added rent". That way, if they don't reimburse you, then you could evict them the same way you would evict them for not paying the rent.

Dear Mr. Reno:
My tenant just moved in yesterday signed the contract and gave me the deposit the previous day, Today he did not pay rent saying that my area is a gang area he is not going to move in, but I have his security deposit?? What should I do???He did have a key and stayed in the apartment last night.

Maria Steg, Upland, California

A: If he didn't pay the rent, why did you give him the key? See what a big mess you've made? I would keep the security in lieu of 1st month's rent- but you may end up sorting this out in Court. Oh well, Live and Learn

Dear Mr. Reno:
In regards to a lease for a commercial space - Does the security deposit go by the same rules as for a deposit for a residential space? Am I bound to the same rules as residential deposit in regards to what type of an account it is to be held in, when and if to be moved to an interest bearing account, etc.

Thank you. Jean, Pennsylvania

A: I don't know the answer to that one. The rules are generally the same except for multiple dwellings, but it varies state to state.

Dear Mr. Reno:
I have filed a case fir Eviction in the court. I did not receive last two months rent. The last check bounced. Now, while the case is still in court, can I resubmit the check in the bank?

Peter / GA

A: You can if the bank lets you. I think you can redeposit it once, or maybe twice. You can also call the tenant's bank to see if there's money there. They'll usually tell you. If it's there, grab it.

Dear Mr. Reno:
hey, hows it going? Ill make it snappy and get right to the point. I have been buying my house CFD for 2 years now. I have a signed contract, several reciepts and in total have paid almost 20,000.00 towards it. the lady i am buying it from has recently suffered some health issues, and has had to move into an assisted living home.she has now decided to file for bankruptcy due to her overwhelming medical bills. my question is this- am i screwed? with the help of an attorney would i be able to put a lein on the home? the house is financed with american general with less than 50.000.00 owed. if we were able to put a lein on, but werent able to be financed what would happen? yeah my credit stinks, i couldnt get a loan right now to save my life sadly. i just dont want to lose my house. im desperate, she has already started the wheels of motion on her end, please help me.

melissa gilbert, springfield illinois

A: You can still enforce your contract, however, if she loses the house to foreclosure, you are screwed as you put it. Some people file bankruptcy to save their house. If that's what she's doing, I hope she makes her payments.

Dear Mr. Reno:
My name is Marlene Baker, from Minneapolis, MN. I own a property that I've rented to a co-worker without a lease, silly me! He has not paid any rent for the past 3 months and will not return my calls. What steps can I take to have him removed from the property immediately? Since there is no "written" lease agreement, are there any legal steps that I should take other than giving him an eviction notice and having it notarized?

Marlene Baker

A: Even though there's no lease, you still have to evict him through the Courts. I don't know the precise steps in your area, and if you don't, you should consider hiring an eviction lawyer. By the way, WHAT ARE YOU WAITING FOR?

Published 2008-10-07

Dear Mr. Reno:
Can I serve an eviction notice to a tenant who is late on rent even though I have a "last month rent" & security in a non interest bearing account?
Or do I have to let them use the "last month rent" before I can consider them late?
They are into their 5th month of a 12 month lease.
Thank you,

Sharon, FL

A: Yes you can evict because the last month is the 12th month -not the 5th month.

Published 2008-10-05

Dear Mr. Reno:
I don't have a question, I just want to thank you for all of the time and effort you give in service here on the LPA website.

I just think you are the nicest guy to be willing to put forth all of this effort. I know that some of this effort must find you some business but I can see all of the effort you put forth and I definitely feel we get the better end of the deal!

Thanks again. I can see you enjoy helping people in some way and I have to say we enjoy learning from you.
You're the best!

Rebecca Broadaway

A: Thanks Becky,
It's nice to be appreciated.

Published 2008-10-04

Dear Mr. Reno:
I leased my house to the most troublesome people..All my fault...I did not check them out...They are Gypsies..10-12 living inside...He promised to change caprpet, paint the house, etc etc ...did nothing and gave no money...I went to court, judge gave me possession and set a $5220 bond for appeal...Lo and behold, he appealed through a lawyer that he is an 'Indigent' and has no bank accounts and money,car or anything...The court accepted the appeal ad now I have hearing in another court...I am sooooo tense from this situatiion...Can u please give me some advise urgently what to tell the next judge ...Also, Can the judge let him live in my house against my will if he is just a poor man? Thanks so much

Saj

A: What can I say? Just let the system play out. It sounds like your hearing the end of the process and should get your house back soon. The wheels of justice sometimes grind slowly, but good things come to those who wait-and that's it; I'm out of cliches.

Dear Mr. Reno:
Could you please tell me when the rent is legally late in Massachusetts? We do have a lease that states the rent is due on the 1st of each month. Thank you for you anticipated cooperation.

Janet Young from Monson, Massachusetts

A: Technically, if the rent is "due" on the first, it's "late" on the 2nd, and you can charge a late fee on the 2nd or start an eviction on the 2nd. The confusion comes in because many leases provide a grace period. Does yours? If not, I know of no statute that directs a grace period, unless that's a special Massachusetts thing, but I've never heard of it.

Dear Mr. Reno:
We helped out a mother and her four year old daughter they were evicted from their last home she split from her boyfriend we let her in to our home to get on her feet she then got pregnant with a new boyfriend was supposed to go with him has broken up we have asked her to leave and she has declared residency do we have to take this new baby in she brought him home from the hospital last night. The police have been involved and we went to the courts and served her with papers . What are our rights Thank You

Debbie macdonald Huntington Station ny

A: If she had agreed to pay something (even verbally) you can evict her like a non-paying tenant. If there was never any agreement to pay rent, then you have to give her a 30 day notice and then evict her as a holdover.

Dear Mr. Reno:
I took over management of a occupied piece of income property. I do not know of any kind of rental agreement with the tenant. The tenant has been depositing the rent into a account of mine for about a year “possible proof of rent”?. I had been working out of town for the last couple of years, and could not oversee the property. The tenant that the building was rented to is never there and I cannot get ahold of her. Although there is Random people in and out of the place constantly. From conversation with some of the randoms it seem that she does not live there. I need all parties removed ASAP how do I go about this? PLEASE HELP!

Justin Russell, Alaska

A: You have to commence an eviction for non-payment of rent (I'm assuming they're not current.) You also have to serve your eviction papers on "John Doe or any other persons in possession." (There may be Alaskan vampires there like in that movie.)

Dear Mr. Reno:
I have a 4-plex with 4 relatively long-term tenants. One is a single mother of the only 2 kids living on the property (ages about 2 & 10 girl and boy). Her next door neighbors are a young working couple. The two loath each other, which stems mainly from some mischief, noise and activity of the kids. Each are on a month to month lease but as bad as things are, neither appear to have been fed up enough to move out on their own. They have gotten into several verbally abusive confrontations and the police have been called out a number of times. The young couple call me occasionally saying they’ve had it and I need to do something. My problem is I don’t know exactly what I can do. I know there’s a problem and both of them know there is a problem, but what can be done about it? That I know of neither have technically violated the lease. I think I may be just as fed up as they both are having to deal with it. As bad as it sounds, my preference would be to remove the single Mom since the trouble stems from the kids. I’m afraid if the couple leaves, the next tenants I get will have the same problem. Do you have any suggestions? Thanks,

R Kemp, TX

A: I've already answered this question, but just to summarize, if your confident who the bad guys are, serve them a 30 day notice. If you're not sure who's at fault, I wouldn't get involved.

Dear Mr. Reno:
I have a professional tenant and I need a very competent eviction lawyer. I have a small house in Brooklyn. Could anyone recommend a very tough landlord attorney with reasonable fees? Thank you so much

Josa (NY)

A: Call Bernadette at (631) 796-2446.

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