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 2008-09-05

Dear Mr. Reno:
I mailed notice to a new tenant to come and inspect the premises. I entered and found locks on the basement door and cut the locks to finish the inspection. Marijuana was found and the police were called. He is claiming illegal entry because he did not receive the written notice and I had no right to cut the locks. What is reasonable notice?

Shelly C. from Colorado

A: If I was going to bust in, I'd at least have proof by certified mail. Even then, you're running a risk of breaking and entering charge if you have to break in.

Dear Mr. Reno:
My daughters signed a 1 year lease ending Feb. 08 and after the 1 yr lease ended they moved to new apt. in same complex.They were given the incentive of $50 off if they signed 18 month lease. They attempted to sign lease twice but lease was never prepared so therefore never signed. Now they want to move and asked the Asst. Manager Beth what the terms were since a new lease was not signed. She advised them they are currently on month to month and must give 30 days notice. They gave 30 days notice and now the Head Manager Amanda says they can't move and must stay until July of 09 which would have been the 18 month period. Since there is no new lease are they binded to 18 month lease?
Thanks!

Wanda in Ohio

A: No, they are not bound. Not without a signed lease.

Dear Mr. Reno:
Question - I have a tenant who has moved out 6 months before his lease was up, the rent was paid up to the time of move-out. Am I allowed to keep his deposit? please answer soon. thank you.

Betty W., Oklahoma

A: This question seems to be the question of the month. Unfortunately, its not as simple as it seems. Without more information, I can only say "probably" because if the tenant sues for the security, you can counter sue for lost rent.

Dear Mr. Reno:
We now have a yearly self-renewing lease and it is up November 30th. We are now using the LPA lease. Do we need to send a notice to quit to end the existing lease enabling us to start with a new year to year lease?
Thank You,

Janet Young, Massachusetts

A: A notice to quit is for when you want them out. Are you trying to change the lease? If so, send them a notice that you have opted NOT to renew the lease on 11/20/08 and send them the new lease. If they wont sign it, write back. The LPA has a form called "Lease Update- Change of Terms" or "Lease Renewal Notice" that allows you to continue the existing lease for a new term with minor changes, or if you want them to leave, you can use the "Notice of Non-Renewal".

Published 2008-09-03

Dear Mr. Reno:
I have a tenant that hasn't paid rent for two months. We tried working with him but every time he said he would have the money to catch up, he failed to deliver. We sent a five day notice, certified with return receipt, but he never signed for it. We had stopped by and told him that even though he didn't accept the Notice, he had until August 1, 2008 to move out. We stopped by the house on August 5th to find that he was still living in the house with only a few items packed. The water had been shut off and there was a messes in the bathroom that I don't believe I have to describe. We told him he had to vacate the premise so he called a couple of friends who came over and started to help him move things out. With no water on and him using the facilities, we changed the lock and told him to return in the morning to collect the rest of his belongings. The next morning we gave him back the key to the house and told him to once again vacate the premise and to please not use the facilities while he is moving. We also explained the short and long term consequences of a forcible detainer and that it would be better for him if he just left.
We are nervous because we locked him out on the 5th and even though we gave him back the key the next day, he may be able to use that against us if we file now. If we proceed with the forcible detainer, will the court hold our action on the 5th against us even though the tenant has now been in the dwelling for two months without paying and is in breach of the utilities clause of his lease agreement?
We appreciate any information you can provide regarding this dilemma.

Dawn, Arizona.

A: I'd say you're past the point of no return. You are dangerously close to a forcible illegal eviction, but there's no turning back now. Your best defense , if you end up in Court, is to say they left "voluntarily" at your request. It's a gray area.

Dear Mr. Reno:
My question is I have a tenant that signed a 3 month least + paid a security deposit but never moved into the unit. Now she wants her deposit back, can i hold it for her breaking the lease? Normally I use a 6 month lease but this lady is older and had to sell her house (she lives out of town) but did not want to loose the chance of the apartment because she just "loved it" and it was just "perfect" for her so I agreed to let her sign a 3 month lease in case she could not get her house sold and then we would go from there, she was thrilled with the idea and signed the lease for 3 months, however she did not take the keys because the apartment was not ready for move in I still had to do repairs the other tenant had moved out 3 days prior and I told the lady it would not be ready until the 1st of August (giving myself 2 weeks to get the repairs done). She said that would be fine and next time she came to town she would pick up the keys--but that she wanted the apartment so she paid two weeks in advance and I held her check until the 1st to hold the apartment for her. Now she says that she no longer wants the apartment and her lawyer has told her we should give her the deposit back because she never moved into the apartment and never received keys to it? Should she be liable until I find another tenant for the apartment and can I keep her deposit since she did in fact break a signed lease (the lease went into effect Aug 1st, she informed me of this Aug 11)?
Please advise.

Connie, Texas

A: This is hard to answer because it depends on the precise wording of the lease. My gut feeling is you are correct, UNLESS the unit was not ready to be moved into on August 1, then the tenant has a good case. If it was ready on 8/1, you're probably okay

Dear Mr. Reno:
I have a tenant who's lease runs through March of 2009.
One of our managers in the area informed us the lawn wasn't bieng maintained and the tenant had not been seen in a week. We mailed a grounds violation notice and asked the tenant to call our office. When we tried to contact the tenant her phone had been disconnected.
My neighbor noticed two people moving furniture from the premises. When asked, what was going on the persons mentioned the tenant was moving out and offered no futher information.
If the tenant is moving out before fullfiling the lease. I still have her security and last months rent,but what action should be done? She still owes $3250 on her lease and if she moves out before the end of the month can i rent the place to another tenant. I was hoping there was a form i could send her to let her know the consequences of abandoning the property and breaking the lease.
Hope you can help,

Lance, State of Florida

A: I have never heard of such a form. If you think it would help, if she knew the consequences, why don't you send her a letter? Tell her you'll hold her liable for the rest of the lease.

Dear Mr. Reno:
I have a property at which I recently raised rents for each tenant $45/month equally with justification of doing a major exterior make-over on the property. I have one particular tenant who has fought me tooth and nail on some of the improvements. She is on a month to month lease and I could give her notice to move out, but instead I’d like to give her an additional rent increase for the trouble she is causing me. Is there any reason I can’t raise her rent again although it was just raised 2 months ago?
Thanks,

Robert in Texas

A: You can, but on a month to month, if the tenant doesn't agree to the increase, then the proper course is a Notice to Vacate.

Dear Mr. Reno:
I have a tenant at will. She pays every two weeks and has been to court once before with me for non payment of rent. She has remained current with her rent for over a year. I have asked her to move out, giving her 30 days notice which would include two payments of $600.00 each to remain until September 19th.
The day I sent her a letter informing her of my desire to end the tenancy she also received a shut off notice from the town for over due water charges in the amount of $1000.00. Now she is withholding my rent money saying I owe her water bill from last October, and once she receives a paid in full amount bill of the amount she wants me to pay she will relinquish the rent money.
I am not responsible for the water bill, but cannot have it shut off either as another tenant will be affected.
What can I do now??
I look forward to hearing your advice in this matter.

Jen M., New Hampshire

A: Pay the water bill, evict the tenant, sue for damages, see you in Court.

Dear Mr. Reno:
I live in a shared housing arrangement, where I rent a room $450.00 a month..there has been no monthly agreement signed yet been here two months now..I just asked for a copy of what I still owed her for back rent which is two weeks..And she added a $450.00 secruity deposit on it. We never talked about this..She always says there will be a rental agreement signed but never does it..She told me if I bought these two bookshelves she would take them off the two weeks I haven't paid yet..but isn't or hasn't. She will have her two weeks back rent the 1st of Sept. plus the current rent..What I would like to know..she adds things on what I owe without telling me..so as of right now she claims I owe her 698.00 this is the two weeks back rent and deposit not sure what the other is for yet..and on the first she will get 750.00 which will eave me owing still 398.00 which will be included in Oct 1st rent..I hope u understand what i am saying can she add a secruity deposit, without me signing anything, what are my rights and what are hers.she let me move in early to take care of her dog for 5 days while she was on vacation, but has taken that not into consideration for any thing off the rent either..Please I hope u can help..

Joanne, Vancouver,Wa.

A: If you're worried about her adding something, then don't agree to it. Don't sign the lease if you don't like what's in it.

Dear Mr. Reno:
I am a New York State landlord and I have a tenant that rented a room in their apartment out (with our permission) to a couple who brought bed bugs into the house. (They were told they would be held responsible for any damages caused by those people.) A couple of months later, the tenant told us they had fleas and/or ticks and asked us for flea/tick spray to get rid of them. Then a few weeks later, they said they had roaches. So my husband and I went out and bought roach fumigators. Well - the tenants bombed their apartment about 4 weekends in a row ...only to admit after that that they actually had a bed bug infestation. Once we learned that was the true issue, I did some research and found that 1 - using roach fumigators causes the bed bug infestation to spread and 2 - Bed bugs can hibernate for up to 7 months before becoming active again. We bought some bed bug pesticide and treated the infestation (in their apartment as well as ours as we shortly afterwards discovered we were having an issue as well). It has only been 2 months since we got rid of them (or at least we think we are rid of them .. not 100% sure though .. since they can hibernate so long) and the tenant advised us 2 weeks ago that they are moving out. Our agreement was that the would be held responsible for damages outside of normal wear and tear. Would this be outside normal wear and tear?? I want to hold their security deposit for another 5 months until we are SURE there are no more bedbugs because 1. They blatantly lied to us MULTIPLE times about the type of problem they were having saying they were one type of insect when they were really bedbugs (giving them time to multiply) and bombing only helped spread them. 2 - We told them they needed to get rid of the clutter so the bugs had less places to hide (they are pack rats and did not reduce the clutter at all) and 3. They were told to apply the pesticide we provided but DO NOT change their routines (which they ignored and stopped using the living room...which can cause the bugs to hibernate as they no longer detect the carbon dioxide that is expelled). Can we do this? If the bed bugs return, we will have to have an exterminator come in and treat the problem (the estimate we got was over $2000 for this). Are we responsible to foot the entire bill for this??? We already dished out a few hundred dollars on the roach fumigators and bed bug pesticide we already purchased. Shouldn't they be held liable for some of the expense?

A: If you think the tenants will be blamed for the infestation, you can just forget it. You'll never prove it was them. You'll be lucky if they don't sue you. Sorry. Occupational hazard.

Dear Mr. Reno:
I have a rental property in Pennsylvania. My tenant owes three months rent. Her lease expires at the end of August 2008
I sent a 10 day notice and have filed an eviction in court. The court date is September 9/ 08. I want to know if it would be okay for me to not show up to the court, if the tenant move out before the court date. I will try to notify the court of my intention not to appear, however one can never get a live person on the phone.
I live in NY state and would have to travel for about six hours round trip to get to the hearing, plus tolls and gas.
What is the proper way to do this if she moves out, before court date.

Carlene Asher, Bronx NY.

A: If the tenant moves out, you can send the Court a letter saying the eviction is "withdrawn" (or you could just not show up and it will be dismissed.)

Dear Mr. Reno:
My tenant, in the 3rd month of a 12-month lease, has given a 30-day notice to vacate and moved out, due to presence of mold to which she is severely allergic. We were aware of her condition before she moved in; however, no prior mold complaints have been made (about 6 tenants prior) and we are otherwise unaware of the presence of any mold. She never gave us a chance to correct the problem, but is now asking for full deposit. Is she not in default? If so, our lease stipulates that the deposit may be applied toward future unpaid rent. Thanks in advance.

Taurug Baca, FL

A: Tell her you'll give her half, or she can take you to Court. (If you don't make her some offer, you're definately Court bound and a mold case can go either way.)

Published 2008-08-30

Dear Mr. Reno:
What do I do when the tenant wants to move before their lease is up?

Barbara H, OH

A: You don't have to consent. You could sue them for breaking the lease. I would prefer that you reach a mutually acceptable accomodation (reasonable notice, one-two months, inspection, etc.) Some landlords make it a condition that the tenant waive the security. It's up to you.

Dear Mr. Reno:
I have a tenant who renewed her 1 year lease agreement on in April 1, 2008 expiring April 2009. She has been informed by her employer that she is being transferred out of the area as of Oct. 1 2008. We use the standard lease-rental agreement supplied by LPA. This has been an excellent tenant and I wondered what reasonable notice is required for early termination to a lease. I understand that 60 days notice is on the lease. Any assistance that you can offer is greatly appreciated.
Regards,

A:

Madelin B., Owner California property

A: She's given you 40 days, that's more than most. Whether or not you want to waive the 60 days notice is up to you.

Dear Mr. Reno:
Dear Mr. Reno:
What is the closest distance I can rent to a sexual predator, if a school is down the street? Am I liable if I do rent it out?
Thanks,

John A., Cincinnati Ohio

A: Sorry, I get'em out. Bringing them in is not my area. (Maybe ask local police?)

Dear Mr. Reno:
I hired an independent contractor to paint and stucco the property in which I rent out. The painter whom happens to work at the same company as I do somehow got paint on the amplifier in the garage. I have offered to take it to have repaired and in the event that it was not repairable I would replace it with a new one. The tenant would not let me do this and said it was beyond repair since he was a guitar technichian. So at that point I told him that I would consider replacing in exchange for the damaged item. He told me that the damaged item was a different on then what I took a picture of. When I asked him about it he said it was a mistake, that he had two amps and was confused. The last conversation I had with him he said that he expected me to get him a new amp and that he would not give me the damaged amp. When asked why- he said he simply chooses not to, but still expects me to get him a new item. What can I do at this point?

Renee Galasinao

A: I would offer him $100.00. If he says no, let him take you to Court. He sounds like a gold-digger, looking to take advantage of the situation. Let him take you to Court. You'll do better with a Judge.

Dear Mr. Reno:
Hypothetically speaking, if someone were to break into an empty rental property, move-in furniture and other personal items, would that person have to be removed through the long, eviction process?

Melgar, Houston, TX

A: Sometimes, if they're there a while, they may have to evict them as a squatter. If you get there quick enough, the police may remove them as tresspassers. It's up to the police. Sometimes it just depends on which cop pulls up!

Published 2008-08-23

Dear Mr. Reno:
I leased a house to a lady for 1 year but she lived in the house for 2 years and we had a verbal understanding that she had fulfilled her agreement and she would be on a month to month lease and free to move anytime after that first lease. Well she gave me a verbal notice on Friday July 25th that she would be out by the first of August,,well she wasn't out but started to move on Aug, 1& 2nd and she stayed in the house on Aug.1st but on Aug. 2nd she was out but left the house nasty and one room has been packed up with all kinds of junk, her grandson did clean some, but the yard is awful, I cannot get my keys, she has daughters but seem no one is getting her belonging, i must say she did pay her rent while she was there but her daughter paid the security deposit,,,,,,,there are some damages to the toilet,screen tore on door,,,,,,i am giving them a 5 day notice to remove property and return keys and if they dont can i pay someone with the deposit to clean and for repairs( not wear and tear). The daughter may not get anything once all is taken care of,,,,,,,,,,,,what do you suggest.I think her grandson is sneaking inside this house at night too,,,,,,,,,,can i put locks on these doors? I have asked for my keys but no one knows who has them.......please advise me.

Angela from North Carolina

A: You need to begin the process of re-renting. Change the locks fix the toilet, and get a new tenant. You'll have plenty of time to sue this lady later.

Dear Mr. Reno:
During the eviction process when the sherriff comes out to remove the tenant and change the locks, how much time does the tenant have to remove his belongings? Also, if the tenant is stealing utilities from another tenant in the same building is it possible to evict them faster?
Thanks

Joseph K.

A: In NY, the Sheriff gives the tenant 72 hour notice first. You didn't mention where you were from.

Dear Mr. Reno:
Dear Mr. Reno:
I have a tenant that I am evicting. At this time it is being appealed. It has been over ninety days since the court hearing and order .. The tenant remains on my property with his home and has not paid any rent since the court hearing, over ninety days.. Seeing that the eviction was appealed for 90 days and no rent received am I able to persue the eviction? Will it be another 30 days to get them out ? They are on Social Services, can I get the back rent ? What can I do now to remove them ? HELP !!!!
Thanks,

Vernon W., Fulton, New York

A: You really haven't given me enough information. It sounds like you won your case, and the tenant is appealing (which is rare.) I am also assuming that the tenant got a "stay" of the eviction while the appeal is pending. So there you are. You'll have to wait for a decision. Sorry.

Dear Mr. Reno:
Tenant (generally good one) wants to leave early during one year lease term. She has given 60 days notice. She is getting married, moving in with new husband. Can we keep security deposit even if we re-rent with no loss in rent? There is some inconvenience in having to show the apartment, screen applicants, etc., sooner than expected. Can we put a provision to this effect in our leases?

Ron S. , Pennsylvania

A: Generally speaking, no, but if they want to break the lease, you can make it a condition of letting them out early that they forfeit their security. (Boy, you're a meanie!)

Dear Mr. Reno:
My question is how can a landlord charge double rent meaning 650 a month which is like 7,000, but she's charging both of us that in a eviction, when first off never signed a actual lease, and the agreement was we pay together not separate. And now she's going after both of us to pay 7,000 when we paid all the way up to the last 2 months and nothing was wrong, and we cleaned when we left?

Amber in Ohio

A: Sometimes if you are jointly liable, the landlord can go after both of you for the full amount, even though the landlord can only collect the amount one time (maybe all from the one with the job.) Then you can sue each other.

Dear Mr. Reno:
I own a triplex that is heated by a single oil tank and burner, and to cover soaring fuel costs I must increase rents. All of the tenants are good, long term tenants and are currently on a month to month basis. How much notice do I need to give them for the rent increase and the need to sign a new lease? They all signed a standard LPA lease agreement that was originally for one year. Thanks,

Jennifer in PA

A: Thirty days notice. LPA has forms for modification of rental agreements.

Dear Mr. Reno:
Recently received rent from Tenant with a deduction for a repair. The deduction was $150.00. Although I was irked by the deduction the Tenant included a hand written note and receipt for the repair. I replied via certified mail that this was not an acceptable procedure and in the future this action would be a default. However I also stated that in the future to notify me, the Landlord, of any repairs and not to take the liberty to arrange and bill repairs to my apt.

Since the apt. is in NYC I did not want to disrupt a good Tenant Landlord relation. However, is the letter the proper way of setting notice.

Gustave D.

A: Good job! I couldn't have handled it better myself.

Dear Mr. Reno:
Hi! I was successful with an eviction. However, the tenant left my property in an awful mess! Can I charge him for the clean up feed?
The judge made a judgement that this tenant owes me $1200. for court fees. How do I collect this?

This tenant owns 20 acres next door. He also is the seller of my property. He carried the note! I have paid him in full! He will not sign the reconveyance! I have sent him certified letter asking for the reconveyance! The letter came back!
He only curses at me and says he will never sign the reconveyance! How can i get him to sign it! (get him off of my deed)!!
Do you have any real estate attornies in CA that you can recommend?
Thanks!

Cheryl S.

A: What a disaster! You have a big problem and need a good real estate lawyer. (Can't help you there- try the Bar Association.) You need to commence an action to clear title, sometimes called "Bar Claims" action. You can also address the clean up in that proceeding.

Dear Mr. Reno:
Dear Mr. Reno:
We have tenants who have not paid their rent in two months. They have been given numerous notices for repeat pet violations, non-payment of rent, non-payment of utiliities, illegally installing washer/dryer, no garbage service and over occupancy limits. Our house has been severely damaged as well. Can we sue for back rent, utility bills now being applied to our property taxes, and the damages to our home? What is the liklihood that we will get this money back? They both have good paying jobs - no reason why they can't pay their rent.
Thank you -

Josie / Milwaukie, Oregon

A: You can get it all back, if you want to make it your life's work. It can be done (unless they go bankrupt). First get the dead beats out. Then, whatever you can collect, consider a bonus.

Dear Mr. Reno:
Dear Mr. Reno:
I have a house with an apartment attached. The tenants could not get along and I gave the apartment tenant permission to break the lease ( she had 4 1/2 months left on her lease) She did not damage the apartment. Because of breaking the lease do I have to return the security deposit

Sally P., North Carolina

A: Based upon what you've said, yes, because you agreed to let her out. Did you tell her when you agreed to the early move out that she would have to forfeit her deposit? I didn't think so. Oh well.

Dear Mr. Reno:
After all deductions were taken from our tenants security deposit, the tenant still owes us $600 for damages. How long do we allow him to pay for the damages before we take him to small claims court?
Thanks,

Lindsay M., State of California

A: There's no iron clad rule, but how does two weeks sound?

Dear Mr. Reno:
My question , my tenant has been evicted but owes me 3 months back rent, this situation is in the state of South Carolina what is the most that I can do to start action against them. - I live California.

Christopher K.

A: You sound small-claims-court-bound. Good luck with that.

Published 2008-08-22

Dear Mr. Reno:
Hello. Signed a 12 month lease - 2 names signed. Myself and my roommate . Roommate was fired and is not paying his half of the rent for the last 2 months and going.
Can I legally take him off the lease for not paying his half before the 12 months end? Thank you.

I live in New Jersey

A: You are in deep do-do (did I spell that right?). He's on lease for good, until the landlord evicts you both, which will be any time now unless you can figure out how to rent paid. You need to kick your roommate in the butt.

Dear Mr. Reno:
I have served a 60 day eviction notice to my tenant of 5 years – move out date effective as of 9-6-08
He has failed to pay august rent which is $2647.26. His deposit is $2195 received approx 5 years ago. (Do I owe him interest on the deposit?)

I am going to occupy the premises once he is out and want him out as soon as possible. Should I deliver a 3 day notice to pay or evict now instead of waiting for 9-6-08 and find him still occupying the premises? If he does not vacate after the 3 day notice, when can I file a complaint in court and what is the timeline?

William B., Landlord in State of California, (LA County)

A: First thing's first. Start your eviction. Don't wait until 9/6. He hasn't pauid August. It's 8/18. What are you waiting for?

Dear Mr. Reno:
We had tenants (rented for a year) who were supposed to leave August 3. Verbally, we gave them until August 15. They are still in the house. What now? Can I start the eviction process, or do I need to serve them a written notice first?

Peter Kolar, WI

A: Normally, I would say yes, but you may now be in a non-payment situation. If that is now the case, go that route.

Dear Mr. Reno:
If a landlord advises a tenant to pay less than the normal monthly rent because the landlord believes they have payment in the form a past cashiers check, and the tenant accepts it by paying the difference, does the landlord have the right to the balance if it turns out later their books are wrong? If yes or no, does the landlord have the right to evict if the tenant asks for evidence to support their change in position? I even tried to provide the landlord with the balance of rent for the current month, which was not in dispute, and a postdated check for the disputed amount. The landlord returned it stating they were moving forward with the eviction.
Thank you for your time.

TJ V., California

A: That's a little convoluted, but let me just say that in a non-payment proceeding, either party can go back and claim either an overpayment or an underpayment, even if it was an honest and mutual mistake. So, if, in the end, you're short, you'll have to cough it up.

Dear Mr. Reno:
My tenant signed a 6 mo. lease and gave me a security deposit. First months rent would have been paid upon moving in. I took the property off the market. A week prior to moving in, the tenant called to tell me he would not be moving in and wanted his security deposit back. I told him I would let him out of the contract, (i.e he wouldln't owe me first month's rent) but that he would forfeit the security deposit. The signed lease says, "If the tenant breaks the lease prior to the end of the contract the Security Depost is forfeited."
Tenant says that since he never moved in, he technically didn't start the lease and therefore didn't break the lease. I think that since he signed a contract and then broke it, I get to keep the deposit. In fact, I think I'm letting the tenant off easy since I'm not requiring he pay me 1st month's rent.

Do I have the legal right to keep the Security Deposit?
Thank you for your assistance,

Ellen, New York State

A: I believe you are correct! You may end up in small claims court, and a judge will decide, but my money's on you.

Dear Mr. Reno:
Dear Mr. Reno:
I received from an attorney a Supplementary Proceedings Request pursuant to the rules of Court of New Jersey. Requesting info on one of my tenant. (1) Is the defendant a tenant? Place of employment? Source of payment Check, Money Order or Cash and name of Bank address etc. Failure may brings sanction by the court. Should I Answer Those Questions?
Thanks.

W. Graham, New Jersey

A: Yes. It's like a subpoena. If you ignore it, you'll wind up in court for contempt.

Dear Mr. Reno:
Dear Mr. Reno:
This couple i rented an apartment to is the second floor, I live in the 1st floor much like a family home but with a rentable 2nd floor.
They moved in on Feb of this year and since then they have been late on rent about 5 times, Plus the husband sells drugs. This i know because i was once asked by a buyer if i had ROCK cocaine, I then noticed my hall way lights turning on alot at night and my neighbors also mention to me that alot of people come in and out.

I am so mad, and afraid. The wife just had a baby(a week old).And they also have two boys. I am a single mom of four and i know how hard it is out thier in the world, I had already gave them thier notice to move out on 9/30/08 and they said yes, But i now have noticed that the police have been driving around my block and always looking at my house. What can i do to get them to move out sooner? like the end of this month !!!!!!!

I am afraid. What should i say to get them out sooner ?????HELP...

Lourdes B., Chicago IL

A: Sorry, it's too late for that. I'd keep my doors locked, if I were you. Bad eggs are an occupational hazard for landlords. It goes with the territory.

Dear Mr. Reno:
I evicted a tenant after the third time of being warned for excessive noise, due to complaints from my other tenants. After he vacated the property, I found that it had not been cleaned in quite some time. It is clearly stated in the lease agreement that any breakage of the lease will result in forfeiture of the security deposit, which includes noise and erturning the property to a prelease state. Now his mother is threatening to sue if I do not return the full deposit plus interest. Would they have a case???

A: If you need to offset repairs to return the property to prelease condition, then do it. Save your receipts, you'll only be able to deduct "out of pocket". No deduction for labor (or "noise".)

Dear Mr. Reno:
My job has laid me off. I have notified my Landlord, that I will be moving on the 30th, Aug. My rent is $1250, she accepted $625, and I have a $1500 deposit on this house. She is telling me I need to be out by Thursday of this week. No 3 day notice has been served, yet. Just a text message, telling me that I need to be out by Thursday 8/21. Question: With her accepting some form of payment, do I have 3 days, or 30 days? She states she will put a For Rent Sign in my yard this week, no matter how I feel about it. What are my rights as a tenant? I am getting threaten, about someone showing up at my door and giving me 3 hours to move out. What is the eviction process in Florida? Please Help!

A:

Confused in Tampa, Florida

A: The exact process varies from place to place, but one this is the same everywhere and that is first you get a written notice, then comes court, and then comes the sheriff/marshall or whoever. Relax. You're there until the 30th.

Dear Mr. Reno:

Dear Mr. Reno:
I rent month to month but do not specify how much time the tenant must provide me with notice of leaving. (medical students come to Miami, Florida for only 3 months and I expect them to stay for that period but don’t require it). If the tenant leaves after 2 weeks, are they required to notify me a certain number of days prior to leaving? She informed me 2 days before the end of the month and moved out that night. She wants her security deposit back—Since the medical semester began I was not able to rent it for the following two months. Am I required to return her security deposit.

Joyce A., Miami Florida

A: It depends on your written agreement. If there is none, you can probably keep the security by asserting a counterclaim for one month's lost rent.

Dear Mr. Reno:
Not sure if this is something you can help me with but we have been working so hard at fixing up a house we rent since the tenants left - I didn't find out the rules and now am in a big mess. ( I thought I had till we re-rented it to give them an accounting of their sec dep. cuz this is what was on our "contract") Now I hear from their lawyer - send $ sec dep immediately - you failed to abide by CA law - 21 day limit - YIKES and big $2K mistake on our part - ignorance is no excuse, etc.

So I borrowed $ and sent cert. mail today. They knew when they left that all of plus more was spent on redoing lawn they neglected and allowed uncontracted dog to ruin...reason for 60 day notice, etc. I also gave an accounting of more than $3K in additional expenses above the $2K sec to the lawyer. MY QUESTION IS>>>>>>>>>>>>>> Can I recoup any or all of these expenses by filing in small claims court?
Any other suggestions if not???
Any chance that all my paper trail, documents and receipts will prove to a judge that this was an ignorant oversite and not an attempt to NOT give them their deposit back... but that we thought they knew they wouldn 't be getting it and I didn't know there was a 21 day limit. Thank you for any and all advice!

Bernice B., CA

A: I do believe you can go to small claims. But you're going to have to return the security first. That's a California thing.

Dear Mr. Reno:
Can a tenant withhold rent until a minor repair is made? If so, is there a time frame, such as waiting 2 weeks since she informed the landlord?
Thank you,

Star, Cleveland, Ohio

A: The general rule is that the rent is due unles the premises are uninhabitable. So if a tenant does this, they're risking being evicted for non-payment.

Dear Mr. Reno:
>hi my name is and im in westchester county new york...i own a mulit home with several other family members...we took a tenant to court for non payment of rent..we won in court but outside the court a family member told the tenant that we would forget it if he paid the rent..the tenant paid the back rent and it was deposited in the bank....my cousin then went back to court and got a 72 hour eviction notice and put on the court papers the monies was still outstanding..is this legal or are breaking the law.

tara orourke

A: Sounds like fraud. There will be an "Order to Show Cause" filed anytime now. See you in Court.

Dear Mr. Reno:
My father bought my mothers house because it was about to be foreclosed on and he got his loan for 10000more than what was left on the house for closing coast my mom had a 1 year lease with him and that ran up she never signed a new lease and its basically month to month for the past year and now she is 6 months behind my father gave her 30 verbal notice to move and she is saying she shouldnt have to move because she has equity in the house what is the next step he needs to take.
thank you.

Kay

A: Well this was a lease, and he was the landlord and she's the tenant, and the tenant is 6 months behind, so you know what comes next.

Dear Mr. Reno:
I rent thru HUD and stand by their lease. My renter was to be out of the house by July 31, 2008. She wasn't out of there til Aug.2,2008. She left the house a disaster. She left all of her trash for me to clean up, plus the carpets were filthy, wall switches broken. It cost me well over her security deposit plus one months rent. My question is?? What actions do I have to take not to give her back her security deposit? I want to do the right thing.
Thank you,

Lucy K., Pennsylvania

A: You should do whatever renovations you are planning as soon as possible, and then give her an itemized list of the expenses you are deducting. get moving.

Published 2008-08-21

Dear Mr. Reno:
Have a tenant in Ct who has not signed her lease extension - Jan- Dec. also causes confusion in apartment with other tenants, fails to call me when repairs need to be made. I want to get her out. How do I? Her rent is up to date for now. Has always been 2 months late.

A: She's now what's called a "month-to-month" tenant. You can evict her by giving her the proper notice first. Usually it's 30. You should give the notice prior to 9/1 to terminate the rental effective 10/1/08.

Dear Mr. Reno:
I would like to know if a Landlord can increase security deposit amount with the acceptance of a new lease? Also, can the Landlord ask for security deposit even though in the original long-term lease there was no security deposit put down. Since original commencement date new fixtures such as new gas boiler and new windows have been put in at Landlord's expense.
Thanks!

Gina Inverso

A: You can increase the security deposit, and it's commonly done, but you can't force the tenant to agree to changes in the lease. If the tenant wont sign the new lease, he becomes a month to month tenant and you can give a notice to vacate, if you want.

Dear Mr. Reno:
I am a Landlord in CT and have a HUD Sect 8 tenant (vision impaired mother with one high school child) via a month to month lease - since May 2001, meeting all HUD approvals.
HUD and tenant portions of rent have always been met.
HOWEVER, Tenant's daughter (who is with child and due in mid August) has moved in with her two young children, the daughter has no income....facing bankruptcy cause husband no longer available.
Over 30 days have elapsed and I've made it clear to the Tenant that she is in violation of the lease,,,, her response is that she's "looking for a larger place!!! but as a mother she has to do what she has to do!".
Am concerned about FAIR HOUSING law issues so I've called about local ordince and board of health concerns but not getting answers,,, am still trying to get in touch with the state,,,no return call yet!
Realizing that eviction is not the best solution because hardship is involved and the housing court would probably be very lenient, my concern is about my LIABILITY as a landlord...
- I/ve also talked to the DAUGHTER and she says that she's getting state health insurance health but no HUD housing assistance cause no more funds till November...
- two adults and three children (soon four) living in a 2 bedroom 700 sq ft ranch may be illegal or against certain housing standards (???) and thus make me liable for any injury, etc. I don't want to get sued as a negilent landlord for any possible occupant injury, etc...
Would appreciate your input.
Thanks,

fred

A: Send then a letter by certified mail saying these people are not on the lease and should leave. They wont, but you;ll be pretty much off the hook as far as liability goes.

Dear Mr. Reno:
My name is June,living in nyc. I didn't see my tenant for a week.Now two lady came( I don't know them) and stated that all three tenants went back to mexico and will not back. They had the apartment key and want to move out the furniture and ask deposit back. We have 1 year lease for the 3 BR apartment and they just lived 2 month..I can't reach the tenants. They even dicconect the phone. Their rent is due on march 1st.Should I let the stranger move out all furniture and rent the apartment to somebody else. If not,what can I do. They had key, they may just move out while I am not home. Should I call police to keep record. Should I change the key? I need your advise ASAP

Thanks June, NYC

A: This could be a scam. You can't be sure that these people have abandoned the property. I would wait at least 30 days before entering. Tell the two ladies they'll have to wait if they want the furniture until 9/1/08. In the meantime, you can show the apartment.

Dear Mr. Reno:
My husband and I just purchased a building that he plans on moving his business into. There is a tenant on the first floor on a month to month lease that we have given a 30-day notice to vacate. His 30 days ended a week ago and we are planning on filing eviction papers with our magistrate. We are trying to get the building re-wired and gave a 24 hour notice to this tenant that we would need access to his floor so that the electrician could start the re-wiring process. When we attempted to enter his floor, we found that he had changed the locks and had not asked permission not provided us with copies of the keys. We have not been able to gain access to the property in order to begin the re-wiring process. Is the tenant legally allowed to change the locks on his rental unit without our permission and can he legally bar us from having access so that the electrician can re-wire the building?

Kristy Lorence, Pennsylvania

A: Yes, Sorry, the tenant can change the locks unless you have a lease that says he can't.

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