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 2008-10-04

Dear Mr. Reno:
I have read the Texas Property Code regarding security deposits – we have a person requesting a "security deposit" back, however, we find that he never signed a lease (the manager at the time is gone now). He left before a year and is still requesting his deposit back. We always sign leases for at least 1 year – of course, now he is saying he didn't know it. And of course, no lease has been signed. Do we need to refund his "security deposit" – with no lease? The amount in question is $300. Would it even be considered a "security deposit" with no lease? Thanks for any advice.

Joan Zimmerman

A: You don't need a lease to have a security deposit. Does he have a receipt? If he can prove he paid it, you're dead meat.

Published 2008-10-03

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:
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 lnow the answer to that one. The rules are generally the same except for multiple dwellings, but it varies state to state.

Dear Mr. Reno:
Wisconsin Statute 704.23 state "If a tenant remains in possession without consent of the tenant's landlord after termination of the tenant's tenancy, the landlord may in every case proceed in any manner permitted by law to remove the tenant and recover damages for such holding over.'
The gas and electric are in our name and we pay the bill. Can we have it turned off after they were given a five day notice to remedy default or vacate and they have not remedied the defaults?
What other options do we have?

Gail Persinger - Wisconsin

A: I hate to be a Party Pooper, but I don't think so. You can evict him "in any manner permitted by law" and that's not one of them. That means, take him to eviction Court, not turn out his lights.

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 if there's money there. They'll usually tell you. If it's there, grab it.

Dear Mr. Reno:
I 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 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 upir last month rent, and move. You haven't signed a lease yet, maybe that was a lucky break.

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:
I co-signed on a lease for my sister who lives in Florida on 9/1/07. She got a 2 months rent incentive to sign a one year lease. Her lease is up on 9/30/08. She was routinely late paying her rent and I talked to the property manager and made it clear that I wanted to be notified when she was late because I didn't want my credit affected. The property manager contacted several times when the rent was late and one month I ended up paying the rent plus late fees. The property manager has accepted partial and late payments for the majority of the time my sister has lived there. I have not heard from the property manager in months so I assumed that everything was 0-K. Yesterday I received a bill from the apartment complex for over $5,000.00. Apparently, they evicted my sister on 9/9 - 21 days before her lease was up. They evicted her for non payment of rent and are charging me for 21 days in Sept which means they accepted partial payment for that month. They are also charging me for rent for the month of July which was apparently not paid but I was never notified. Then they apparently accepted Aug rent and evicted her in Sept. They never notified me of Julys' rent not being paid or the eviction. I had no notice of anything even though they have contacted me in the past. They are also charging me for repayment of the 2 months concession, attorney fees, late fees, cleaning fees, an unpaid water bill and rent revenue (whatever that is). Aren't they required to mitigate their damages which they did not do when they did not contact me? Am I responsible for all the bills that were incurred as a result of their failure to contact me? Also, if they accepted partial rent for Sept. can they evict her that month? One more question is, she apparently had a roomate who did not sign the lease living with her the last few months which they knew about. Does that change the terms of the lease and does that mean that the co-signer is not liable?

Janet Cheever, Denver Colorado

A: 1. They are under no legal obligation to notify you. That was done as a courtesy, but why did they stop? I can't tell you.
2. Yes because if the rent isn't paid in full for Sept. they can evict in Sept. and still charge for Sept.
3. Strike three, you're out.

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: As long as you're in compliance with the contract you're safe. But there's usually a deadline for the financing. After that passes, she can terminate the contract and lease.

Published 2008-10-02

Dear Mr. Reno:
How much notice do i have to give a tenant if i increase the rent more than 10% thank you for your kind and informative reply.

Audrey Bodeker, California.

A: Based on the above, I don't know what to expect in California. The procedure for raising the rent, which is tricky to begin with, does not vary based on the percentage of the increase. Is there such a eard of one

Dear Mr. Reno:
I was at guest in the apartment the young lady wanted to get out of her lease, the owner said for us to work it out. So I paid the rent and agreed to take over lease payments. Now he want me to sign new 1 year lease for more, I gave him $1900 he cashed I think that day- but have not turned in paper work to be approve. There are many problems with the apartment I am in construction he wants me to fix them and he will pay me back. The apartment has exposed Asbestos, from the guys that painted tearing off radiator installation, exposed wiring and bad plumbing. I work in the city of NY as at certified construction manager-- and it is a big deal. The rent is paid till Oct 1 what do I do?

Marcia Nease

A: Why did you do it? You haven't signed anything yet. Live out the $1900 and move out. If you hate the place, why get involved?

Dear Mr. Reno:
We have been renters in the same property for almost 5 years. My landlord demands more and more of us each year. For example, $350 pet fee each year, carpets must be cleaned 3 times per year, all repairs in the house above $50 is our responsibility, Full lawn care (including treatment of the lawn). She performs 3 inspections per year and during the inspection she checks every single appliance including the stove and fridge, tubs, windows, doors, locks etc. If she finds a minor scratch or dirt she charges us a fee. Our house is spotless inside and out as this is how we like to live. We paint the inside of the house every year. Now she wants us to paint the outside of the house as well. How do we find out what our rights are as tenants and what is considered appropriate wear and tear for living in the property. We have neighbors that rent and have destroyed their homes and are not being asked to do as many things as we are being asked. I pay $1525/mo for a small house in Jacksonville. We gave her first, last and security deposit and she still asks us for a $350/ annual fee for our dog (10lb bichon frisse that is kenneled). Thanks for your help.

Maritza F. FL

A: It's all perfectly legal, but it sounds like the landlord from Hell! I am assuming all their landlord rights are in that lease. When the lease is up, you need to negotiate some changes, but I can't guarentee it will happen. As strange as it seems, up until now, you've agreed to all this. I don't know what else to tell you.

Dear Mr. Reno:
My tenant signed a crime free lease addendum and pays rent regularly. Last Saturday he had a nightmare and shot his handgun. It exited his bedroom wall and entered the living room of the neighbor. The bullet richchet in the neighbors home, bareley missing the mans head as he sat on the sofa watching tv. The bullet pierced the arcadia door and dropped to the floor. The cops were called, arrested the man after searching his home for any other weapons. All the neighbors were naturally up in arms and in fear of further endangerment. I notified the owner that I was proceeding with immediate eviction Monday morning and he was in agreement. Now today (Thursday) the offender discusses his situation in finding alternative housing with the owner. The owner then came to me to state he has decided to allow this tenant to "relocate" to an extreme end of the park. I disagree with this and am concerned about further liability for the park should something else come up with this tenant; as well as what the insurance provisions require and the ukndermining of my tennants faith in me to do the job properly. HAVE YOU ANY INPUT ?

Patricia Sortore

A: Well obviously the owner wants to give this nutcase another chance and that's his call. I agree with you, the park may have liability keeping this gun toting dreamer around, but that's his problem- not yours. Move on.

Dear Mr. Reno:
I have a tenant in the military who deployed to Iraq last September (2007). At that time, his wife and he agreed that the family would stay in Hawaii while he was gone (he doesn't return until Jan 2009). Their lease expired this past May and renewed the lease for another year. Now the wife informed me today she needs to move and will turn keys over Oct. 7th. At the time they signed the lease, there was a military/government employee clause signed that would release them from the lease should he get orders to leave the islands. My understanding is that when the orders are given, is the time when they can be released from their release not a year after the orders were given.
Can they break the lease even though the deployment orders were given last September? and they chose to stay instead of leave and then renewed another lease when the current lease expired. Can I make them liable for the rent until the house can be rented?
If they can break the lease, don't they have to give me at least a 30 day notice? not just week and half notice?
Thank you for your attention to this question.

Elaine S., Hawaii (Oahu)

A: You're going to have big troubles suing a military guy. They have various immunities from law suits. For example, how do you serve him? He's in Iraq. Good luck with that!

Dear Mr. Reno:
My tenant was evicted after owing $4000.00. He has nothing so I don't expect to get that money owed me for back rent. He did not take any of his furniture or personal belongings. I am told that I am responsible and must keep his items for thirty (30) days. Since he still owes me, am I entitled to keep some or all of his belongings to help off set the non-payment of rent? I think it's only fair for him to get his clothing and personal items including his computer. What is your opinion and what is the law governing this?

Maryanne, Philadelphia, PA

A: It can be done- but its complicated. First you have to sue for the rent and get a judgment. Then, you ask the sheriff (or whoever does it in Phil.) to sieze the assets and sell at auction. You could buy it all for practically nothing. PROBLEM: Sheriffs fees, auctioneers fees, etc. Look into it. Once I had a client sieze a car. Sheriff sold it for $900.00 But it costs him $2000 in expenses! (Maybe he won't come back?)

Dear Mr. Reno:
verdana, arial, helvetica, sans-serif">Dear Mr. Reno:
I recently lost a case in New Hampshire concerning back rent. I issued over the months several 7 day notices. I issued the eviction notice and ended up in district court. The eviction notice and the 7 day notice to quit did not go together. I did not enter the most recent notice .I entered, by mistake the wrong one. Even though it was clear to the Judge what was happening he ruled against me and told me to hire an attorney.
I went to my attorney and he said, "This judge is more interested in the technical aspects than in getting it right." He then went on to criticize the judge’s handling of the matter. The judge has plenty of lea way in these kind of matters etc . Telling me there is not much if anything we can do.
My question is, where can I turn this judge in? He has a history of this conduct against landlords.
Thank you, PS: I ended up paying the deadbeat to move.

Peter Talas, Haverhill, MA

A: Every state has an angency to oversee Judges. In NY they call it the Office of Court Administration. I don't know what they call it in MA. (By the way, haven't you heard? "You can't fight City Hall." Good luck with that.)

Dear Mr. Reno:
This is in response to your Aug. 19, 08 "Ask The Attorney"
"Dear Mr. Reno: In the state of Colorado are you as a landlord legally obliged to inform the tenant that the previous tenant died in the premises?(not from murder). thankyou...Michael Spiers A: I've never heard of anything like that anywhere."

Hi Mr. Reno,
California Landlords Disclosure......page 23. I just read it for the first time this evening. A landlord must notify the new tenant if a death took place within the past 3 years....(here in California anyways). See attachment.

I really love learning from your Questions and Answers Newsletter~
Thank you for the great work you do!!

Victoria, California

A: Well I'll be damned. (California is such a strange place.) Thanxs Vicky, Great Job!)

Published 2008-10-01

Dear Mr. Reno:
We have a tenant that defaulted on a lease. The tenant has terminal cancer and stated that they needed to move to a house that was on a single level. The tenant had her Dr. write an order that she could not use stairs. They did not discuss this with us or ask how we could help them to modify the living situation. We just received their letter asking us to void their lease and their notice to vacate. We responded to their letter stating that we were holding them to the lease and that they would be responsible for the expenses to re-rent. A week later we received a letter from an attorney stating that we had to let them out of the lease due to the American's Disability Act. The problem is that there is a bedroom on ground level so they could have used that but they choose to move. We are holding their security deposit due to defaulting on the lease and also to pay the expenses of re-renting. Are we wrong? Thank you.

Maria Smith, Deer Park, Wa.

A: I think you're right, but I must confess I don't know much about the American Disablity Act. I would be surprised if that would allow them to break the lease. I would call the attorney. Ask him to send you a copy of the provisions of the act he is relying on. After reading it, you'll be in a better position to make a decision. If he wont provide it, he's probably bluffing.

Published 2008-09-30

Dear Mr. Reno:
What should you do when the tenant gives you notice that they are leaving and they in turn tell you that they want to use their security deposit for the last month's rent. Additionally, they decided to do some work on the home because a pump went out 4 months ago. We provided the pump and they agreed to put it in because it affected their ability to do laundry. The time to do the work <30 min. A bill was made up for $285.00 4 months later when the verbal agreement was "just get the pump, we'll install it". So no there is no rent and they want to use a security deposit as last month's rent plus they are trying to bill us. O.K. They need the money for the next place, but not my job to pay their rent. They also tried to bill us for the cost of a registered letter to let us know they were moving. What gives? Suggestions?

Cheryl Santucci, Illinois

A: Every landlord sooner or later faces this same dilemma. To evict or not to evict-that is the question. You're damned if you do, or if they don't leave when they say so, you're damned if you don't. You could evict now for non-payment. It's your call.

Dear Mr. Reno:
I 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, NY

A: You have not provided a phone number. Where in NY?

Dear Mr. Reno:
My husband and I own a home that we will be renting. He doesn't want to be a landlord and deal with all the problems; instead he would prefer to help with physical part of the home maintenance. I don't mind handling all the problems and finances. Should his name be on the lease or contract? Right now only my name is listed, but if I die, I want him to continue to receive the rent. Or does my death make my lease null? Thanks,

California Palmdale

A: You should both be on it because that will give you more flexibility.

Dear Mr. Reno:
We are renting a beautiful home in Miami. My husband and I are on the lease. We also talked to our landlords about putting my friends name on the lease, since she moved in with us, and they did. Now as we have it set up, my husband pays the rent to our landlords. My friend pays me $500 for her share of space and utilities and food. My friend had some financial issues the first month here and didnt pay for her rent. She now has filed for Chapter 7 bankruptcy. I want to know if she has to pay us the backrent and continue to pay us the total amount of $500. Does the discharge of debts include us?

Stephanie, FL

A: You may have to evict this girl as your subtenant. You may need legal help with that if she makes it an issue. Also, the debts only discharged if you've been named as a creditor. Have you?

Dear Mr. Reno:
I moved into an apartment and the first 6 months were fine now new tenant's have moved in and and there keeping us up all night long even as late as 4am this is at min. 4 out of 7 nights a week. My landlord says there is nothing he can do her lease is not up yet and until then we have to deal with it even though i have had a police report filed just this week please help . My landlord dose not speak good English i think he maybe unaware of his options do i or we have any recourse. thanks.

MICHAEL WEBER from Philadelphia Pa.

A: "Disturbing the Peace" is against the law, but the rules are so vague and subjective no one knows what they mean, not even the cops. I've heard no house after 10pm, or 11pm or midnight or no special time- and then it depends on your state local ordinances, etc. All you can do is call the police, but if they wont act your landlord is right; he can only wait for the lease to expire.

Dear Mr. Reno:
Our landlord has not paid property taxes for three years, the county has begun foreclosure. I talked to the bank which holds the mortgage on the property and expressed an interest in making an offer to purchase the property. They assure me they will work with the owner to get him caught up, and cannot discuss his situation or offer us financing on the property while it is in foreclosure process. My question is; if he avoids foreclosure by the county, but cannot keep up his mortgage payments and the bank then forecloses, does the assignment of our rent to the bank continue our tenancy rights? Or, does the bank have the right to evict us, if they wish to sell to someone else?

E T from Ohio

A: The bank can evict you. They do not have to honor your lease. Sorry.

Published 2008-09-29

Dear Mr. Reno:
I have a sub-tenant who signed (without giving me a social security number) a 3 month sub-lease ending August 30th, in which I agreed to allow a dog to live on the premises for those 3 months, at which time the whole house lease she was on with 4 other tenants was up. I served her a notice of move-out as well as a possible lease extension option Aug 2nd, which she never retunred. The end of August came and went, and she told me multiple times she was having trouble finding an apartment that would allow her to keep the dog. I served her a Lease Violation notice, on the 2nd of Sept. but then gave her a verbal allowance to stay there 3 weeks until her new lease started elsewhere. Her check for those 3 weeks subsequently bounced, and now I want to find an attorney and go after her for the 3 violations @$25/violation/day rate noted in the contract and on the Lease Violation Notice, as well as cleanup after her and other damages to my property from the dog. Are there any problems the temporary verbal agreement could cause in court? If she doesn't show up in court what will happen? I have her bank account number, will I be able to get the judge to withdraw penalties directly from it, if she refuses to pay? Thank you very much for your advice.

Chad B. Rochester, NY

A: She'll be charged in Court a month's rent for any month she was there for part off, late charges will be reduced (excessive) damages: Any out of pocket costs that you can document, will be added (but you may have to do so in small claims.) No show, No problem (default); direct Deduction: Not in this universe

Dear Mr. Reno:
What is the law against squatters in Texas? I just recently took over a new property and found out we have squatters staying there. One of them was actually given a key to see the place, from the former property management company, but he made a copy and claims that the former property manager's assistant gave him permission to live there with no lease and no rent and be security.

Cheryl , TX

A: A squatter is like a tresspasser, but after a while (about a month) the cops wont bounce'em and make you go through the Courts- which is WRONG, in my opinion, but that's the deal. The proper notice varies, 3 day, 10 day, 30 day, it depends in your locality. Also, he'll say he originally had permission (hard to disprove) so he may get the longer notice. 30 day notice is probably safest. (I've even heard of 60 in some locales.)

Dear Mr. Reno:
If the tenant leaves while owing back rent, am I entitled to keep the money that was "security deposit" to apply toward that unpaid rent?

Penny Ratzlaff - California

A: Technically, no. But you have a counterclaim for unpaid rent. Problem is, California has a law requiring security be returned in 30 days. Go to small claims for the rent.

Dear Mr. Reno:
Question: I have a rental property that I have leased to 3 individuals as one party for over a year. There is only one lease agreement that was signed by all 3 tenants. I just learned that one of the 3 tenants no longer wants to pay his portion of the rent. He is contemplating abandoning the property and leaving the other two tenants holding the bag. Now they can’t pay the full amount. Can I legally "go after" the abandoning tenant for any unpaid rent and continue to lease the property to the existing tenants under the same agreement?

J. David Brown, Alabama

A: You have ONE three headed tenant. You can sue it, you can evict it. You can't chop it's head off.

Dear Mr. Reno:
Recently I had a tenant tell me that she wanted to get out of her lease. She signed a 1-year lease of which have 4 more months remaining. She signed a LPA lease. She pays on time each month. But, business is business. "What should you do?"

A: You don't have to let her out. As a compromise, why don't you ask if you can show it, and if you find another tenant, then she can leave? (Don't be a big Meanie.)

Dear Mr. Reno:
I rented my property with a one year lease. After 7 months, I feel into hard times and the property is now in foreclosure. The tenants and I were served papers. The tenants are now refusing to pay rent. Do they have any rights not to pay because the property is in foreclosure? The foreclosure process will take longer than their lease term.
Thank you.

Christine Miami, Florida

A: Tenants often make this mistake. You still own the house and collect rent(and evict for nonpayment) right up until the foreclosure proceeding. (that's the law in NY- I think FLA is the same.) I've seen many tenants evicted by the landlord during a foreclosure. You should commence a non-payment proceeding.

Dear Mr. Reno:
I have a renter who has not paid rent for 5 months. I kept sending past due notices each month. The renter won't pick up certified mail. Finally the renter sent a letter saying the that they moved out July 20, 2008 and that they put a key to the unit in an apartment mailbox. No key was in the mailbox. Still they have a bed headboad and rails, and dresser, a lot of clothing and toys in the apartment. They also left mail in the apartment. They said in their note that was mailed saying they moved out on July 20th that they couldn't remove all their belongings from the apartment. What do we do with all those belongings. Even kitchen equipment. Did they really move or not? I consider that they did not really move; but, are using the apartment as free storage at least. There is a lease contract on the apartment they signed that does not expire until March. Question is did they move out or is this a case for eviction? Hope you reply soon. Thank you.

Travis in Minnesota.

A: Well you have the letter, that's something; is it signed? Can they say later they never sent it? You should hold the stuff a while (30-60 days) anyway, if you can, but I think the letter protects you.

Dear Mr. Reno:
We own an apartment building in Ohio and one tenant has not paid September rent. We will be sending a certified letter stating that she is no longer welcome, evicition notice. What other legal steps do we need or can take? FYI, tenant has bounced one rent check and has been late twice this year. Thank you

Pam Simmons

A: You do realize you'll have to evict them through Court, right?

Dear Mr. Reno:
I rent out my condo in a high-rise building. Though the bylaws don't say anything about this, the Board of the HOA says I'm required to perform criminal and credit checks on prospective tenants, AND pay them $50 for "verification" of same. If I don't, they say they will fine me (also not in the bylaws) and my condo will be subject to a lien. I'm inclined to push back since I don't think they have any right to approve or disapprove of my tenant. Renting is allowed.

Kevin B.

A: You are right, but, taking on your Condo Board is a risky (and usually a losing) proposition. If you end up in Court, you'll wish you'd paid the $50.00.

Dear Mr. Reno:
we have a mo to mo with our tenants which we are evicting because of numerous lease violations. they paid 1st plus deposit when they moved in. their rent is due on the 5th of oct. Should we give them the 30 day notice before the 5th or wait to get the rent on the 5th and then give 30 day? also if they do not pay on the 5th do we give 3 day on the 6th of Oct ?

LL Bakersfield,Ca

A: Unfortunately for most of my clients, you can't collect the rent & then give the notice. You have to give the 30 day before the 1st. Sometimes, that means they don't pay the rent, which is unfortunate, but I guess you can't have your cake and eat it too

Dear Mr. Reno:
My name is Nancy. I am a landlord in Connecticut. I have just increased my tenants rent on Sept. 1st. In the letter I also listed the problems that needed to be addressed with him. I have asked him to take his dog to a specific spot because I will be doing some planting. He also has been given the use of using my washer and dryer. He is to pay after finishing his laundry. I have given him the price and a container to place the money. He pays when he feels like it or not at all. I have left numerous notes and phone calls. He has yet to correct these issues. He does what he wants to do. What can I do as a landlord? Thank you.

Nancy

A: You didn't mention the rent, so I guess he's current. These days that's a big plus. I'd stick with him, but if you really can't take his shortcomings, wait until his lease is up and give him a notice to vacate. But if your next tenant is a dead beat you're gonna miss this guy.

Dear Mr. Reno:
Is it legal for a landlord to ask for 6 months rent via "post-dated checks" in California to rent a house because the landlord stays out of state? Thanks kindly and greatly appreciated.

Cherie Simon, California

A: First I've heard of it. I guess if the lease provides-But Note- if the tenants account doesn't cover the funds when the checks are written, it's a criminal offense EVEN IF THEY'RE POST DATED, so I wouldn't do it, as a tenant.

Dear Mr. Reno:
Hi. I recently joined LPA because I have 2 rental properties and need help. Here is my situation:
I have a house in Cortlandt Manor, NY and recently my tenant of 2 months did not send in Sept. rent. When I finally contacted his wife at work, she said they cleared out of the house and needed to move back with her parents due to personal issues.
I have a one year lease (one copy signed by husband, second by wife). My tenant has not replaced any oil used (I have not measured yet). I used Security to cover Sept rent.
And, to complicate matters, I paid my tenant $800 to build a patio at the base of a side staircase. (He asked if it was ok to ad a patio after he moved in, and he said he was a licensed carpenter explained it would be on the ground at the base of the steps, thus not needing a permit). The patio is more of a deck (w/o) permit and is 1/2 way done. According to the building dept it will need a permit, architectual drawings etc.
Not sure if I should sue in Landlord/Tenant court and whats involved. Not sure whether to file a small claim for lost rent and cost of deck.
Any help would be appreciated.

Liza C., NY

A: Well you can't do anything about the deck in Landlord/Tenant Court, that's for sure, because it's not in the lease. It's a separate (verbal) contract. But after you rerent, you can sue for lost rent because they broke the lease. Unfortunately, you may also be barred from landlord/tenant Court on that because they're not in possession. I guess it's one big small claims case.

Dear Mr. Reno:
What happens if tenant does not accept certified and regular delivery of 30 day notice to vacate?

Kirk, from Indiana

A: I don't know the techincal requirements are in Indiana for a 30 day, however, you never have to prove certified mail was received. You may have to prove it was sent certified

Dear Mr. Reno:
My wife and I own a duplex home in Stockbridge, VT that we rent out. The rent for the downstairs is $1000/month. Our downstairs tenants missed both the June and July rent, sent $1500 to us on August 15th, with a promise to catch up on the rest in two weeks. However the next payment was only for $700 that we received on September 12th. We have sent one Notice to Pay letter back on July 26th. The reason given for the late rent is the couple separated. We cannot afford to let the rent continue to slide, what can we/should we do next? Their payment is due on the 12th of the month. Currently they are $1800 behind. Thanks.

Patrick J., Vermont

A: If the lovebirds split up, your chances of getting the rent caught up are bleak. Sooner or latter, your going to wind up in LT Court, it's just a matter of when?

Dear Mr. Reno:
My name Is LaTisha Price, I live in Grand Rapids Michigan I still have 5 months on my lease and I have been accepted for section 8 my current landlord wont accept it and I found a property who will how do I break my lease? and what are some consequences? Thanks

LaTisha Price, Grand Rapids Michigan

A: Usually if you give them enough notice, they'll let you out. Maybe 2 months? But you can't force them to let you out. A lease is a contract.

Dear Mr. Reno:
What, if any, legal recourse do tenants of an apartment complex have concerning mold problems. The owner/owners are aware of the problem but have not corrected it. I know the best thing to do is to move, but unable to at this time. If I would move, how would this affect my lease agreement. Thank you,

Shaye, Lawrenceburg, IN

A: This is a very controversial issue. I'm in Court on mold cases, most judges don't seem to care, one judge cut a tenants rent 10%; I never know what's gonna happen. I know to make hay of it, you'll need an expert to back you up

Dear Mr. Reno:
My landlord is trying to evict me because she doesn’t want to make repairs. My unit was placed on notice by the City and three day notice defective. Can I represent myself and be successful?

Michelle Johnson of Florida

A: Yes, but you'll need an expert witness on the habitability issue, at least. Good Luck.

Published 2008-09-28

Dear Mr. Reno:
we are evicting our tenants.They paid 1st mo + dep. their rent is due on the 5th should I give them the 30 day 9/23/08 now and if they do not pay on the 5th give them a 3 day? if I do this they may not pay or do I wait tell the 5th when their rent is due?? they are now current but afraid they will not pay next mo's rent please advise thanks.

Lila, Bakersfield,ca

A: They have until the 5th so wait till then & then serve the 3-day, unless you want them out current ot not (why?) then forget about the 5th and serve the 30 day now.

Published 2008-09-26

Dear Mr. Reno:
We live in Iowa and the rented property is also in Iowa. Per our lease agreement on an acreage, they have certain areas to mow and keep weeds at a minium. Also per the lease agreement, they were to take care of disposal of their trash. Can I evict them on the basis they do not mow (it's been 2 months) and garbage bags are mounting on the back porch? We are in getting ready to give them a letter and indicating they have 7 days to take care of this. The 7 day clause is in the lease.

Ellen Brown, Iowa

A: Well you've taken the first step, but I must warn you- evicting for "fault" of the tenants is always tough. They'll tell the judge the mowed the lawn. Then what? You can try it, but expect a battle.

Dear Mr. Reno:
Hello, I have a question regarding a move out. I'm the landord and I have a tenant that had a lease for 6 months and in that original lease it stated that the $300 pet deposit was NON REFUNDABLE. Then we did another lease for 12 months. The tenant didn't have to pay another pet deposit because he had already paid it with the first lease. However, we sent him notice recently that we are forced to sell the home or it will be foreclosed on us soon if we don't sell it. This means that we are terminating the lease before his second 12 term lease is up. He received plenty of notice to move so that is not a problem. My question is.... since we are terminating the second lease agreement prior to the lease date termination, do we have to give him back his $300 non refundable pet deposit. The second lease also stated that the $300 pet deposit was non refundable. That is my question. Thank You.

Paulina Valdez

A: So don't refund it. (He probably forgot about it anyway.)

Published 2008-09-08

Dear Mr. Reno:
Dear Mr. Reno:
My name is Mark. I'm a landlord in Florida whose tenant has just informed me she has temporarily subleased my home to friends. What rights do I have as the landlord. She is 6 months into a 1 year LPA lease. Can I ask for specific information about the friend she leased my home to? Names, employer, SS# , phone #, basic contact information in case of emergency? Do I have to go thru the original tenant for any info until she returns? She has been a difficult tenant and I'm already considering not renewing her lease.
Thanx

Mark

A: Contrary to popular belief, there's nothing illegal about subletting unless you have a lease that prohibits it. Do you? Unless you modified it, item # 11 in The LPA Lease prohibits subletting.

Dear Mr. Reno:
I own a house, and deposit was put down in the amount of $800.00. Wife moved out, left husband, broke lease. Now husband can't afford the $800.00 per mo. rent. He paid the 9/1/08 rent.
I am moving him to my $400.00 per mo. plus $400.00 damage deposit apartment. I am charging him per day for both rentals until he is completely moved out of the $800.00 per mo. house.
I have a lease, but do I make him sign a new lease on the $400.00 apartment?
What do I do about the extra $400.00 on deposit to the $800.00 house?
Thank You!

Marita H. (LPA Member)

A: Yes. I'd keep it, but if he squawks you'll have to return it. (Some people do give 2 mos. security. Propose that?)

Dear Mr. Reno:
My tenant is currently month to month, does not have a lease and I would like to raise her rent from $850 - $900. She currently has a security deposit of $800. In my increase letter I stated that she is required to pay the $100 increase for the security deposit along with the new rent amount as of October 1st 2008. She stated that she will not pay security deposit increase because her deposit is supposed to be in an interest bearing account which she should receive when moving out. Is that so? Does she not have to pay the increase on security?
Do I have to put the tenant’s security deposit in an interest bearing account? Is the tenant entitled to receive the interest?

KB from Brooklyn NY.

A: The general rule in NY State is no interest unless its a mulitple dwelling (4 or more units.) But you're in NYC. I don't know if they have a special rule on interest. You have to ask a city lawyer.

Dear Mr. Reno:
I would like to know what can be done to a landlord who does not repair damages incur in a rental property.
I have been renting for about 10 years now the roof inside the property is falling down and the electrical wiring is showing, there is also water damages from the roof I have report this several times to him but he doesn't do anything about this.
What steps can I take to insure the safety of my family?
Thank you very much for your time.
Sincerely

Mrs. Talley from Virginia

A: You should probably start looking, or you're gonna wind up in Court. These repairs do not render the property uninhabitable. If you withhold rent, its risky, you may get evicted. Why do you want to stay in this dump anyway?

First Previous Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Next Last

If you are a Landlord on Long Island, NY, and wish for Mr. Reno to handle your landlord - tenant case, please provide your contact information: e-mail Mr. Reno