Published 2008-08-19

Dear Mr. Reno:
8 times in the last 12 months my basement apartment has flooded due to the building's hot water heater leaking (5x) and the air conditioner runoff being stopped. All of the carpets on the floors were saturated and anything and everything touching the floor became wet. It took anywhere from two days to a week to fix the problem and extract the carpets. Each time the problem was supposedly fixed and I asked for a move from the basement to an upper floor due to the problems. I was told they would do so as soon as an apartment became available. Never happened. I also asked for damages from damp furniture, clothing and general stress of living with a wet apartment. I was told it would have to be renters insurance and I have none. What can I do?

Sue C., Indianapolis, Indiana

A: You probably have a legitimate gripe. You could sue in small claims court. You're going to have complications establishing your damages, but I say, go for it.

Dear Mr. Reno:
My current landlord bought the mobile home propety from my ex-landlord. The exterior walls have water damage and leak when it rains. Current landlord was aware of leaks when providing the new yearly lease. I called her at her residence in NJ to inform her that Florida is having a high rain season and by law I have to notify her by verbal and letter of the increase of water damages to the mobile home ( I have done). She stated that since she lives in NJ there is nothing she can do. I am worried about mold and my health. What are my rights as a tenet to protect my self ? I just graduated college and have very little money so moving is hard right now.

Julie S. FL

A: This is a difficult problem (mold) and it comes up alot. For starters send some letters to the landlord certified mail. Next, you can try withholding rent, but its risky. I've seen these cases go both ways. Can you convince a Judge the premises are uninhabitable. It's hard to do.

Dear Mr. Reno:
Dear Mr. Reno:
I live in Utah and my tenant had a lease through end of september 08. He called to inform me he would be moving out june 30 08 because he was buying a home. I told him security deposit which included pet deposit totaling $1000 nonrefundable and he can buy out lease or pay rent until rerented. Home was rerented in middle of july which he paid rent until then. I just gave him the security deposit statement and said all fees to rerent property will be included in the deposit that I was keeping to be nice. Now he says we "verbally" agreed to something different that he would get his security deposit back and says I should be hearing from his attorney next week. I use the thelpa lease agreement and to me it states that the security deposit (which I am assuming pet deposit is included in the total security) will be forfeit if anything in lease is broken. Also I have a question about the cleaning charge that is on the lease. He had an authorized dog there and if I am reading the lease correctly it states that there is a required $575 cleaning fee that will be charged regardless. Any suggestions would be great.

Thanks. Amber S., UT

A: 1. Don't worry about him. He says you had a special deal- he'll have to prove it, but he can't, can he?
2. Yes, but you only keep $575 if a pet clean up is required.

Dear Mr. Reno:
My question is: can we chose not to rent to someone based on credit information that the prospective tenant voluntarily disclosed to us before performing our own credit check or would we need to perform a formal check prior to informing the prospective tenant that we do not feel they are the appropriate tenant for us? Could this be construed as discrimination in any way?
As a bit of history, we are in the process of deciding whether to rent our town home in Illinois to a woman who voluntarily disclosed information on her poor financial history (filing for bankruptcy due to a major health issue and resulting high medical bills while she was unemployed).
Currently, her place of employment is willing to sign the lease and pay rent for a year as the lessee, and have her as the occupant. The level of familiarity between the prospective tenant and her employer does cause us to feel somewhat uncomfortable, but we do take some comfort that the company would be held financially responsible, and not the prospective occupant, who has a somewhat shaky past financially.
Any insight you could provide on this would be extremely helpful!
Thank you!

Jessica

A: Race, color creed, sex religion, physical handicap, age, and sometimes sexual orientation- those are the unlawful forms of discrimination. Bankruptcy (or bad credit) is not on the list. You're okay.

Dear Mr. Reno:
My daughter, grandson a year and half old and her boyfriend rented a farm house from a guy that owns a cement co. and rents out have of the farm to other.
No papers where sign or seen, rent paid month to month, pets are fine as long as they don't do any damage they said. My daughter had nevered been late on rent. Landlord said they had to mow all 5 acers their yard and the rest of the rented out area every other day he provided riding mower and gas for mower.
We had 3 days streight of rain and on the 4th day they had to work and planed to mow right after work. Well landlord coursed them out and said it had to ALL be mowed that night or rent will go up $100. Landlord said he didn't care if it rained that it was to be mowed every other day. So they mowed till after 12 am in the dark for they couldn't aford $100 more on rent each month. Well found out the next day the landlord said that his trees got all cut up from them mowing, their were scrapes on the trees only some bark was scrached up but not cut into the trunk. The basement also flooded that they didn't know about untill they lost heat and went to check the fuse and saw the basement was flooded that ruioned the furnich, there is no sump pump so I let them use a small pump and water hose I had to pump the water out.
It flooded every time it rain for the basement wall is so cracked that the mud would cover the basement flood real bad. Landlord tried to make them fix it but finally landlord fixed it cost $600 and he never let it go, he started yelling and cursing them out about costing him money for the're stupidness and scared my grandson so bad and put alot of stress on my daughter that later she started having alittle contractions thank God they stopped. She is preg. Also the landlord found out that my daughter's boyfriend and father of the children is a reg affender not on probation just 4.5 yrs on paper left. No I'm not happy about that but it's not my choice who my daughter wants to have she's 25 yrs old.
Anyway the landlord came to them with papers from a lawyer to sign for evetion two and half or three weeks away. He told them that he was going to sell the house. Ok I called the landlord for my daughter to ask him what should they do with the keys and about their deposit for my daughter didn't want to call for he harassed them so much. She was afraid to call and her boyfriend didn't want to hear any more bad stuff said to him ether for the landlord really laid in to him saying he's a looser and bum, a punk and needed to be a real man and stuff. I helped them clean the house after we got all their stuff moved. I scrubed the wall, floors, cabnets and everything while my daughter shampooed the carpets with our Hoover steam cleaner carpet shampooer. So I call the landlord to ask what to do with the keys and to get back the deposit. He said leave keys on counter top with address of where to mail the deposit and door unlocked. He said the deposit will only be given back if the place is clean and I said that it was. We only have a cell phone no to reach him no address where he lives. He had my daughter pay $650 cash each month to him and he picked it up, did get reciepts of payment. I took video and pic's at their move in and at move out to show how clean the place was. They moved in Feb. 15 and moved out on July 14th, 08. Paid $650 for rent $650 for deposit both in cash. The place is a hazard and I was worried that my family would be electricuted for all the wire and live boxs that hung from the basement ceiling. My daughter almost fell backwords in the well also for it's a huge hole around it right next to the house and I was afraid that my grandson would get out of the house and fall in.. The upstairs toilet leaked and the downstairs ceiling was molding from it. The storm door latch didn't latch and a strong wind we had tore the strom screen door off and in half. Landlord said they had to replace it so my daughter spent $100 on a new door the day they moved out and left it in the new box inside the house. I told my daughter not to that it's not her fault that the landlord wouldn't fix it and that the wind ruioned it, so now she's $750 in the hole. My daughter over heard the house inspector tell him he had to fix that. Two weeks later after they moved out I called the landlord and about the deposit and he told me his wife will call me tomorrow to talk to me about it. Well the next day at 1:30 pm I called him back for not hearing from them.
His wife got on the phone and said my daughter will not get her deposit back for there was so much dog hair that it cloged up the shampoor's truck and that they had to get a driffent truck to finish the job and because the furnich was ruion that cost them $600 to fix and because they let the basement flood and the trees were damaged and because they were not told that he was a sex affender and that made them very mad (it's in the country miles from everything and he don't have to tell them unless they ask) any way she said and they didn't mow EVERY other day (only the 3 days it rain that he didn't mow) and she said the LP tank was not filled which we were told it had to be at leese to the level that it was at the time of move in and it was right at it or a tiny bit above it. She said that if we want we can try to sue them in small claims court but we won't win for they have a laywer to defend them. My daughter is alot stressed out and don't want to sue cause she can't aford it and she is due in a few weeks and don't want more stress or to face them.
She has got gestasional diabeties now to worry about on top of everything else since they moved out. My daughter is working long hours at $8.25 hr surporting all of them he stays home taking care of his child that is when I don't have my grandson. I looked up their address on the internet and I think I got the right address but I myself is living on s.s.i. and can't aford it ether but everyone I know saids to sue.
What should we do? Could we win or not ? I think that the house would be condemed if the health people knew about it, but I don't know who to call and now I saw the add in the paper yesterday that the same house is back up for rent for $650. The landlord lied to my daughter about eviting her for he was going to sell the house.
Sorry so long I'm not good at spelling.

Iowa

A: Go to small claims court, you should get something back. You don't need a lawyer for small claims. Other than that, I'd say it's time for you both to get on with your lives and put this behind you.

Dear Mr. Reno:
I have a renter who insist on keeping pets, even though the lease says, AAO. I also believe she has slipped in another person, although my lease says no one may stay more than 4 days a month without written permission, or there will be a charge of $20.00 per day for each person. I don't know how I can prove she has someone living with her, but his car is parked down the street, and I have seen him coming and leavig the apartment six times. My other renters have told me that they think he is living in her apartment.
I sent her a letter regarding the pets, but received no response.

I am going to send her a "Notice of Lease Violation", and give her 10 days to correct the situation. However, I don't think she will do anything, and I don't know what my next step should be. What do I do to get her eviceted if she refuses to follow the lease? I don't want to spend $50.00 having her served, and I don't know if I have to go to Justice court. However, I will do what ever is legal and right. I had her pay me 1/2 of the last momth's rent, which states it can not be used for any dates but that listed. At what point should I return her last 1/2 of the rent. Do I have to wait 10 days after sending her a certified letter with the 'Notice of Lease Violation?

Your responses have been a Blessing. I really have learned a great deal by reading your answers to frustrated Landlords.
Thanks a bunch!

Theresa---AZ

A: It's hard to evict for pets & guests, but it can be done. It's called evicting "for cause". You serve 10 day notice (Done.) Then you serve a notice cancelling the lease. Then you serve a notice to vacate. Then there's court (oh and by the way, they'll say he doesn't live there and the cat died- both of which are lies.) Alot of work. Probably need a lawyer. Sure it's worth it? Why not just let the lease expire and give a notice to vacate (no cause needed.)

Published 2008-08-18

Dear Mr. Reno:
My boyfriend and I signed a one year lease when we moved into an apartment. We ended our lease two months early for a job elsewhere. We gave proper notification via signed/dated mail stating our move out date as 7/17/08, 20-days in advance and agreed to pay rent up until either our contractual lease term or a new tenant move-in. We officially vacated the premises at 5am, 7/18/08 (a little late due to cleaning!), with a neighbor as a witness. Today, 8/05/08 we received an itemized sheet with a post mark date of 8/02/08 stating we owed money for $750 carpet replacement, $116.51 Drapery replacement and $215.38 "Pest Control".
As for the reasons why these charges exist, he states that there was evidence of unauthorized pet(s) and flea infestation. Also he goes on to state that cleaning personnel has flea bites all over their body's and then says, "Potential lawsuit." He also claims other units are possibly infested due to this.
We live in Washington State.

Of all of the above, here is what I am wondering.

Theoretically, if he somehow proved we had an animal (we did not!), how does that effect the above?
Thank you for your time! -

Mary L. Washington State

A: A pet only changes things if its in violation of the lease. Is it? If you don't think the carpet charge is reasonable, then challenge it. That's what small claims is for.

Dear Mr. Reno:
On July 30th, I provided my tenant with a 30-day notice which she signed. Since then no rent for August has been received. She hasn't spoken to me at all and lives 2 houses down. Yesterday, I issued a 3 day notice to pay or quit. One in the door, the other in the mail. If she should not pay can I now keep her deposit? Regardless if she leaves or forces the eviction to proceed.

I too received a 30 day notice after 24 years of residency. Which is now a 60 day notice. The coming Monday I plan to start the eviction process. However, I don't want to but cannot find myself without a place to live. My plan is to move into her apartment.
Thank you for your time and advice.

Faye Gregory in California

A: You can keep her deposit. Start the eviction now for non-payment- don't wait. (You can't predict how long an eviction will take.)

Dear Mr. Reno:
I am using an LPA lease with a daily late charge clause. But from what I am reading, here in North Carolina, I can only charge $15 or 5% of the monthly rent which ever is greater. My monthly rent is $675 and my late fee is $35 after the 4th. The daily charge is $10/day for every day after the 4th that the rent is not paid in full. How can I structure the daily late charge into my lease and continue to motivation to pay the rent without violating any laws?
What could happen if I need to enforce the lease to the extent of an eviction, will the judge up hold my lease with this clause in place?
Thanks,

Jonathan Cole

A: Your late charges are unenforceable, but its not all bad. Alot of people still pay them. Even in eviction court, we enter into settlements that include payment of these unenforceable late fees. But if push came to shove, the Court would reduce them all to around 5%.

Published 2008-08-09

Dear Mr. Reno:
I want to sue a former tenant for money owed in small claims court. I do not have home mailing address but I do have his place of work. Can I use it instead of his residence?

Robert F., North Carolina

A: Use his residence as his "last known address." If he didn't have his mail forwarded, that's his problem. (If the Court insists on personal service, you can serve him at work.)

Dear Mr. Reno:
Gave landlord notice via certified mail that I was moving (no lease for the year). Told landlord to come to house to do walk through and talk about the deposit(1400.00) landlord refused and told me to put the keys in the mail box. The next day which was my last day as per my notice I had until July 2 th 12:00am. I sent a worker to finish re-installing a fan and the landlord had changed the locks. We could not get in to the property and he put out my vacuum. He does not want to give me any of my deposit money back. (I even painted the house) I can’t imagined where 1400.00 of damage was done. I want to sue him for the deposit and the illegal lock out . Can I win??? ) I have photos’

Maribel V.

A: You've got a shot. One problem is that usually you have to leave by the 1st- not the second. But the landlord still has to prove damages to keep the security. Can he?

Dear Mr. Reno:
what is the policy when a tenant refuse to repair a damage dish washer when she moves from a MTM Lease? She benefited from this appliance for 2 plus years. Thank

Robert North Carolina

A: If the lease says the tenant has to maintain the appliances, then you can deduct it from the security.

Dear Mr. Reno:
have a question about a tenant lease. The lease is no longer valid or in place. (Time expired) This tenant has a lawsuit pending against us for tripping, although the insurance co. has ruled we were not at fault and construction issues were satisfactory. This tenant is late every month. I would like to ask to vacate, but legally I want to be with te right format. How is the proper way to handle this??? Please advise.

Robert Osborn

A: Serve a 30 day notice. If they ask for a reason, say it's untimely rent payments.

Dear Mr. Reno:
At move-out, my tenant's hired truck (hired driver) damaged the roof of carport of the condo (carport is Limited Common Element of the Association). There were witnesses and member of the Board was present at incident. Tenant called me to report, and I called into Managing Agent to report; however, there was no follow up or any communications to me (snail mail, email or phone) from the Board or Managing Agent for over 4 months. Then, I rec'd the repair bill from the Association for $423, demanding that I be responsible for the bill. I've sent the bill on (in writing) to prior tenant's last known address (what she gave me as her new address), and has also emailed her, but she has not responded and my ledger with the Association still shows this debt. How to address this issue? Should I be Calling the prior tenant? Was the Association negligent for not giving me notice and doing the repairs "promptly" per the CCR's? Should the Association should have file an insurance claim first? Should I pay up and then seek small claims against prior tenant? Thanks so much!

Mary Ong, Washington State

A: Pay up, and then seek small claims against prior tenant. Bingo.

Dear Mr. Reno:
My landlord died and the lady who kept house sold it and I never had a lease, I lived there for 2 ½ years so new people bought it and now they send me a letter from their lawyers that I have until October 1 to vacate. What happens if I don’t find a place close by sons school and once I put him in school I can not take him out. Would they give me more time or I need to go to court since im a single mom and is a burden for me looking for new places at this time. Also I gave my landlord a money order for security deposit and I would like that back. Also, the ceiling on my sons room is falling because too much rain and I have told the new owners and he keeps saying , Yes I will fix that Tuesday and nothing happens.

My name is Giovanna and I live in New Jersey

A: They're giving you until October 1. If you really need more time, keep paying the rent. You can usually get 1 or 2 months if your current. (Also, the new owners are responsable for the security- but you'll have to prove you paid it.

Dear Mr. Reno:
Mr.Reno: I am a Landlord and after many years my Renter is starting not able to pay rent on time and I suspect this is going to lead to an eviction. As I have no experience in such matters I need Help. You also are a resident of Long Island so I would appreciate your advise. Thank You

Al K., Calverton L.I.

A: Call (631) 667- RENO (7366)

Dear Mr. Reno:
I have a property management company,,,,,,,,,,the landlord that I had as client started not taking care of the tenant need, went it was out of the management hand example
1. Not properly rehabbing homes to code
2. Not responding to mold problem
3 Not allowing me to use license contractors…………….but jackleg he hire
4.Not commutation with the management COMPANY WHEN IT WAS A PROBLEM
5.Not providing proof of ownership for newly purchased home…………..which cause the tenants to ne held liable for past ulities bill
6.hiring another management company without cancelling our company,,,,,,,,,,,,,,,,lying about services transactiom of business mattere
As of the 5th of august term in a letter of dismissal of my management services…………….i sent him and letter and he has know responsing…………..what do I do know to protect the tenant and myselk.

Ms johnson Michigan

A: Sorry, I don't get it. Protect you and the tenant from what, exactly?

Dear Mr. Reno:
Our tenants want out of their 2yr.fixed term lease 2 mos. early. We haven't been formally notified in writing,however, they did call and ask if something could be worked out. Our contract is specific (purchased from The LPA ) and they will have to honor their contract. However, now they are claiming petulance problems. We are responding w/in 24 hrs. to have this matter addressed. Are they able to get out of their lease due to problems? Thank You,

Eleanor, Calaveras Co. CA.

A: You don't have to let them out early. If you want to play hardball, that's your perogative.

Dear Mr. Reno:
I'm a Realtor trying to sell a property before it forecloses. The owner has lived in the property with her daughter. Her daughter had invited some homeless friends to stay a couple of weeks, and now it is been a year or more. The mother could not stand the noise and confusion, so she has temporarily relocated to another place, but still has all her furniture, clothing, etc. in the home. The place is a dump! The daughter has given her mother notice, since she has a preemie baby, and the gas, electric, and water have been run up so high, the Mom & daughter could not keep them up. They use gallon jugs of water and run a gas generator. The home is also near foreclosure, since the squatters have never paid rent. It's listed for a "short sale".

We showed it once, with the result of being accused of "invading their privacy" (the squatters). We tried to show it again, and the squatters said we had to give them 24 hour notice. The police were called both times. They handed the police a forged letter, saying that they had a right to rent there for $300/month (payments are $2400/mo). It was "signed" by the owner's daughter. She swears she never gave them such a letter. Since Fresno, CA Police are not well informed about tenant law, they said just keep giving them 24 hour notice. They have removed my "For Sale" sign from the yard. Now they do not want to let the owner or her daughter back in. They say they have sole possession, under the forged letter. Can the owner make a "citizens arrest" for forgery? Can I report theft or vandalism to my sign that has been removed? Does the owner or her daughter have to comply with a 24 hour notice to enter her own home? If so, can the contents be reported as theft? After 37 years in real estate, this is one of the most puzzling events ever. ANYTHING you can suggest at this point would be helpful.

Vic P., California

A: I'm looking into my Crystal Ball. I see the bank foreclosing and kicking everyone out, including the owner. The owner could still evict them now, but she would need a good eviction lawyer and it doesn't sound like she has the stomach for it. I don't think you can wage the war for her.

Published 2008-08-05

Dear Mr. Reno:
Tenants are about to renew their lease after one year Do we have to renew the lease with everyone that signed the first lease or can we just have mom and dad sign the lease for the second year. 2 of their kids are problems 18 year old has no job has gotten girl PG on probation lives in our rental on and off with mom & dad. 21 year old (no Proof ) but mom says thinks she smokes weed has no job lives with mom & dad and has boyfriend in when mom & dad at work. Both have broken our rental/ lease agreement many times.

Do we have to put their name on the lease for a 2nd year? What do we have to do to get them out of our rental?? Mom & dad are good dependable renters never late with rent.

Lila, California

A: You could insist on that, but don't see the point. They're not gonna kick their kids out. And if they're there, they might as well be on the lease; its two more people responsible for the rent

Dear Mr. Reno:
I WENT TO GEORGIA FOR ABOUT A MONTH WITH MY BOYFRIENDS KNOWLEDGE. HE NEW THAT I WOULD BE RETURNING. WHEN I GOT BACK HE HAD CHANGED THE LOCKS. WE LIVED TOGETHER FOR ABOUT TWO AND A HALF YEARS. IT IS HIS HOME BUT ALL OF MY BELONGINGS ARE STILL IN THE HOUSE INCLUDING FUNITURE. WE NEVER OFFICIALLY BROKE UP AND HE DID ALL OF THIS WITHOUT MY KNOWLEDGE. WHAT ARE MY RIGHTS?

DEBORAH/FLORIDA

A: You have the right to reenter, if you want. Contact the local police. They'll escort you back in.

Dear Mr. Reno:
Tenant is on month-to-month at this point as the original lease rolled over. They gave notice they would be moving out as of June 1. Their settlement keeps getting pushed back and pushed back. Now they are telling me they need ‘one more month.’ I need to know if it’s worth filing eviction so that they have to make temporary arrangements if their settlement falls through again or if PA requires strict grounds for eviction other than ‘they’re going back on their notice to leave.’ Thanks very much,

Beth S., Pennsylvania

A: If its "month-to-month" you don't need a reason. You can end it, anytime now. But I have one question: Why are you evicting these people?

Dear Mr. Reno:
I am the rental agent for a couple that lives in Arizona for their properties here in California. The Tenants in one property is constantly late with their rent and are presently behind two months with their rent. It has recently come to our attention the they have taken out the existing carpet and replaced it with cheap laminated wood floors. They have also taken out all the cabinets but one in the kitchen and placed them in the back yard where they are subjected to the weather. All of these actions were done without permission from the Owners.

I gave them a 3 day notice to pay or quit and then a 30 day notice to terminate tenancy. It has recently come to my attention that because they are month to month tenants, but have been their longer than 1 year, I must give them a 60 day notice to terminate. One questions is, do any or all of the days after I gave them the 30 day notice count towards the 60 days?
Because there is vandalism involved, do we still have to wait the entire 60 days?
Thank you for your time.

Trip Wingfield, CA

A: Notices to terminate are very technical and everything is construed in favor of the tenant, so if you are serving a 60 day notice, your 30 day notices is null and void and you have to start all over. But here's the good news: If you evict for non-payment, you don't have to give 60 days, not as far as I know. Your the 2nd person to write in that thinks they still have to wait 60 days- even on a non-payment? I can't believe that.

Dear Mr. Reno:
I have leased my property with option to purchase on a 12 month agreement. Asking for option money of $3000. Contract states non refundable if right to purchase not excised. Tenant has always made late rental payments since moving in March. I have never charged her the late fee that contract states we have the right to. Now that Tenant didn’t want to pay rent in June because she said we didn’t make repairs. We needed to give her a 3 day Pay or Quit Notice at end of June on the 27th. She gave us 2 checks; $1000 and $200 on other. The smaller amount was never cleared at the bank; tenant told us that she would have money the next day, but didn’t. Never did and after many attempts to talk to her, the next month came around. On the 27th when we collected those checks, we installed a dishwasher. Prior to that we have hired repair men to go and fix things such as electrical sockets and install light fixtures, things that were very important... She wants us to remodel bathroom, but this isn’t on agreement anywhere, the bathrooms are in working order with fresh paint. I have investigated and found out that tenant has right to withhold rent if home is inhabitable; this isn’t the case for this property. On July 15, we gave her another 3 day Pay or Quit Notice. She didn’t call us, so we filed an eviction judgment at the court on July 18 with a court date of Aug. 7. Two days after being served with the court complaint and summons, she left me a message that she has all past due rent including 2mos late fees and check return fee. If I accept her past rental payments, does this mean our lease agreement is to be reinstated, and should I continue to rent to her on a monthly agreement instead? What about our eviction court date? Does accepting money from her amend the eviction judgment? If she is late again next month, can I still try to evict her then?

ALICIA B., Oregon.

A: Nonpayment evictions are the quickest fastest lawsuits in the Court's, but they only work if there's no payment. Tenant pays... Case closed. (You can't refuse payment.)

Dear Mr. Reno:
I own a 35 unit Mobile home park in Arkansas. Six of the units are owned by private parties. One in particular, has been abandoned by the owner and they have not paid any space rent now in the past six months. They will not return any calls now, but in the past have left messages that they have sold the unit to some person that is supposed to call me to make arrangements to move the unit out of the park. I do not believe that this is true, because the power has not been changed out of there name. I know this because the local power company would call me before any changes take place. In Arkansas, any rent over 30 days late can be considered abandoned. What can I do? Thank You,

Steve C., Midway, Ar.

A: You have to commence an eviction, exactly as you would if they were there. They'll default, you'll get a warrant. Case closed.

Dear Mr. Reno:
Can I get my unpleasant roommate's name off the lease we both signed? I live in the Town of Oyster Bay, Nassau County. Best Regards, .

Marilyn M

A: Only if everyone else on the lease agrees. Otherwise, no, you can't.

Dear Mr. Reno:
Tenants were behind in their rent for two months, (lease ended in Sept.)after speaking to them and them not knowing when they would have the monies, my husband requested that they leave at the end of the month (June). They did, are we entitlted to sueing for back rent along with the remaining two months rent that was left on the lease. Thank-you for your time.

Donna R., living in upstate New York.

A: Yes you can sue for the remaining two months except not if you immediately rerent and lose no rent. Also, did your husband agree to let them leave early? The situation is a little vague on that issue.

Dear Mr. Reno:
We moved in to this apartment this April 2008. Yes usually we pay the rent late for only a couple of days but less than a week. We always pay the late charge. This July we are really late and we can pay it this coming Friday 08-01-2008. Are they still going to evict us ? Isn't it that if you don't pay the rent for 3 months then yes they can evict you. What should I do . I don't know the law here in reno nv. Thanks.

Reno NV.

A: Pay the rent ASAP or start packing. Those are your two options

Dear Mr. Reno:
My sister and her boyfriend are due to move into their rented house this weekend (July 26th-27th) They have a signed lease and have given the landlord $600.00 + deposit for the rest of July. The landlords soon to be ex step-daughter currently lives in the house. Apparently she has a lease through the 30th but said she would be out by the 20th so that they could move in. Now because she says the closing on her new house has been delayed she is refusing to leave. My sister and 16 and 11 year old nieces who has been living with my parents have to delay getting their belonging out of storage another week. Their rental on the storage unit is up on the 27th at midnight and they have no where to put their belongings. My sister’s boyfriend is supposed to be out of his apartment on the 25th. He will no longer have a lease at that point. Is there anything they can do at this point to get her out. The landlord has served her with a 3 day eviction. Everyone from the landlord to his soon to be ex-wife who is this girl’s mother, to my sister and her boyfriend are telling her she needs to get out. If there is nothing they can do to get her out can they sue her for money lost and extra money that will have to be paid out for storage and to stay in his apartment until she finally leaves. Any advice you can give us would be greatly appreciated.

Kellie A. – Westminster, Colorado

A: First: READ THE LEASE- Many lease specify the ramifications if the landlord can't deliver the premises on time. Second: I would forget suing; start looking around. If you find another place, you can probably cancel- By then, she may be out.

Dear Mr. Reno:
My girlfriend and I live in an apartment where we have been growing potted tomatoes just outside our door with the permission of the property manager. We came home yesterday to find the tomatoes had been sprayed by the new property manager who was spraying for other weeds. He denies even spraying yet when we asked for the MSDS sheet he quickly showed us the spray-liar-jackass- anyway. Not to turn this into a major issue but can we be compensated for his destruction of private property? Also, don’t they have to notify us of chemical spraying in advance? Thanks for your no nonsense approach. .

James from Colorado

A: This sounds like a Judge Judy case. You could go to small claims court. I don't know how much to sue for. What is the value of ten tomatoes? Judge Judy has spotters at the local small claims courts. You could end up on TV! (Your landlord won't be happy.)

Dear Mr. Reno:
In October of 2007 I moved to Valley View Apartments. In the process of signing my lease the Apartment manager was also updating all applications. She had copied my information for me so I just had to sign it. Around November she was fired. Then in May of 2008 I was evicted from my apartment for falsifying information on my application. Being a single mother and also disabled I could not afford and attorney. I was forcibly moved out by inmates of the Jackson County Jail. My mother also lives at Valley View Apartments. I have seen the apartment manager several times since my eviction and we have spoke with no problems. She knew how close my mother and I are. On July 19, 2008, this same apartment manager along with three police officers knocked on my mother's door asking for me. The manager told my mom that I was banned from the property and she had received information that I had been visiting her. They searched my mom's house as well as all over the grounds of the complex. They even went to the extent of knocking on other tenants doors. I wasn't there but my mom did call me and tell me what was going on. As crazy as this sounds it's the truth! I have never been told nor have I any papers saying I am banned from the property.
My questions are ....
1. Was I evicted unjustly? And
2. What are the laws pertaining to banning someone from an apartment complex?
Thank you in advance for your time and consideration in this matter.
Sincerely,

Tina M. B., Alabama

A: As a general rule, the landlord can't tell the tenant what guests (or family members) they can have in their apartment. So even though you were evicted from your apartment, that doesn't "ban" you from her apartment. But beware of one thing: Apartment complexes have very strict leases and there may be a special clause in the lease that gives the landlord special powers in this area so you have to watch out for that

Published 2008-08-01

Dear Mr. Reno:
I have been informed one of our tenants husband is presently in jail. B and E. Do I have grounds to evict this individual? He will be getting out in September. Are there standard crimes that allow landlords to evict tenants. Thanks,

John, Cincinnati, Ohio

A: No, you can't evict someone who's in jail, unless Ohio has something special, but I doubt it. As long as the rent is being paid, he could be on death row, and he'll keep his apartment.

Dear Mr. Reno:
Thank you so much for your timely response to my last question. This is not a burning issue, but I wanted to know if you think I should automatically have locks changed each time a new tenant moves in. And if so, should the new tenant pay for it, or is it a cost I should bear? Thank you,

Caroline

A: It's commonly done, but I don't personally see the need. They might be robbed by the old tenants, but they have a better chance of a twister flying the house to Emarld City. Anyway, if you're going to do it, you'll have to pay for it.

Dear Mr. Reno:
If a property is held by a Trust, and a sister has lived in the house all her life (with mom and dad until dad died and mom entered nursing home), how do you evict her? She has never paid rent and has only recently begun to pay utilities. Thank you.

BARB E.

A: Unless she had a "life estate", the trustee of the trust can serve her a Notice to Vacate, the same as a Tenant after the lease expires.

Dear Mr. Reno:
We had a tenant that notified us they were breaking their lease. They notified us short of 60 days on a periodic year to year that started in Dec 07. I kept their security deposit as their complete financial obligation due to the fact they broke the contract. I did return the pet deposit to them even though we had to treat the yard and spray for fleas inside. They feel that we should return the deposit due to the fact that there were no damages. What are my choices? Thank you,

Lisette W.-FL

A: They may have a legitimate claim for their security back, however, if they broke the lease and you lost rent, then you'll have a counterclaim that may be more than their claim.

Dear Mr. Reno:
Do I have to return a deposit if the tenant failed to live out his lease. They left the place clean. This is the second time I have ask you this question. Please send answer soon as possible. Thanks.

Betty W., Oklahoma

A: The only situation where you would have to return it is if you immediately rerented, at the same or a higher rent, and collected all your rent for the balance of the lease term. In that case, you had no damages due to the breach of the lease and may have to return it (unless yor lease says you can keep it.)

Dear Mr. Reno:
Can a tenant breaks their lease for fear of a foreclosure OR stop paying rent b/c they were served with attorney paperwork for the landlord?

Howard Peña

A: That's a common mistake tenants make. A landlord can still evict a tenant for non-payment even if he's in foreclosure right up to the day of the foreclosure sale.

Dear Mr. Reno:
I recently entered into a 1 year lease agreement at an owner operated apt complex. There were many things wrong with the apt including broken blinds, missing screens, rust in the icemaker and water leaking into the fridge. I made a list of items and gave it to the assistant manager. They complained about the list initially, but did get most of it done. But then, to my surprise, there was a letter on my door stating that I am asking for a perfect apartment which they cannot provide and are canceling the lease at managements discretion and I have 45 days to vacate. There are no provisions in the lease that the management can cancel or terminate the lease.. only for nonpayment of rent. Is this legal and can it be enforced.??? Or are they scaring me and trying to get me to shut up and accept the apt as it stands. Thanks for your help

MS , Indiana

A: You're there for one year. That's the whole point of a lease. They're bluffing.

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