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 2008-07-05

Dear Mr. Reno:
Question: My townhouse tenant has had problems with one of his neighbors since shortly after moving into the property. The townhouse had been empty for several months during which time the neighbor moved in. Having no experience with the neighbor beyond a simple greeting now and again during property showings, I wasn’t able to provide my tenant with any information about him ahead of time. Since moving in, my tenant has made numerous calls to the police for noise issues and to report threats of violence against him by the neighbor. Each time an incident would occur, my tenant would involve me and I would involve the neighbor’s landlord. The neighbor’s landlord escalated each issue until this past weekend when a threat by the neighbor to “blow [my tenant’s] brains out” was the final straw. The neighbor received an eviction notice. The neighbor has shown signs of schizophrenic behavior and clear aggression towards my tenant. As such, my tenant no longer feels safe staying at the townhouse. He has approached me for rent relief until the neighbor moves out. Of course, I’m reluctant to offer anything. The eviction notice is 30 days. But if the neighbor wants to fight it, he could be living next door for several more months. Am I at all responsible for providing rent relief in a situation like this? Would the neighbor’s landlord be open to a possible lawsuit filed by my tenant? What types of recourse does my tenant have available? Thank you!

Greg Bailor

A: The tenant's only relief is with the police. His problem is with the psycho, not you. You are not responsible for criminal conduct by third parties.

Dear Mr. Reno:
We are first-time landlords who decided to rent out our current residence and purchase a larger home for our family. We signed a lease with a lady on June 8, 2008. The lease period is to begin August 15, 2008. We are unable to find a new home, and the lease date is drawing near. Are we able to break the lease prior to the lease period beginning, or are we bound by the agreement entered into on June 8, 2008? If we are able to break the agreement and return her security deposit, we would like to give her as much time as possible to find a new place to rent - at this time she would have almost 60 days...

Amanda (Nebraska)

A: Sometimes leases have a clause which says what happens if you can't deliver possession. You should check your lease for such a clause. If there's nothing in there, it could be trouble. They could rent another unit and sue you if they have to pay more. You may be headed for Motel 6.

Dear Mr. Reno:
A former tenant was in the property when I acquired it. He had a history of non-payment. His first payment to me was a partial one - telling me he was waiting on a payment from his lawyer. Two months later he gave me $700. that he got from his lawyer - promising more when the lawyer gave it to him. This was in 2006, in 2007 he couldn't pay and wouldn't move out. I finally had him evicted owing $3000. Since then through his lawyer he won a settlement for him and he received One Hundred Thousand Dollars. His lawyer has been subpoenaed twice but has not answered or shown up for court. What is my next move? I fear the lawyer has given him the money and he has disappeared. If he has spent the money, would it be worth my time and effort to pursue this case? Can his lawyer be held responsible? Thank you for your reply.

Mary Louise, Phila. Pa

A: You say his lawyer has been subpoened (about the settlement, I assume) and hasn't shown up? That's not normal. Do you have a lawyer for that? Something's wrong with this picture. Lawyers don't ignore subpoena's because they could be disbarred for that.

Dear Mr. Reno:
I learned a very hard lesson, but am much wiser now and really do my homework.I had tenants who moved the middle of March, 2008. They did not pay their March rent. Their lease was for 1 year, beginning November 1, 2007. There were substantial damages when they moved out. I did have a security deposit, which was not to be used for the last month's rent. The deposit did not cover the last month's rent and damages. The neighbors told me that a third, unauthorized, adult had also been living there. I have mail addressed to him that was in the trash. I cannot loc ate the renters, and know that the female has been sentenced to prison for burglary. My question is, can I go after the other person not on the lease for damages even though he was not on the lease since I can show that he was receiving mail there? Thank you,

Donna Tinker, Joplin, Missouri

A: Yes, if you can find him. (You can't technically sue for rent since he was not your tenant- but you can sue in small claims court for something called "use and occupancy." It's rarely done.

Dear Mr. Reno:
I have tenants who are good tenants in that they always pay on time, and keep the house very neat and clean. They do have a cat (their lease states no pets) but I am willing to overlook since they pay rent on time. Recently they demanded a new front door be put on because the old wood one had a small crack in it. I obliged, however they didn't like the way the contractor I hired installed it, and threatened to hire their own contractor and take any expenses incurred out of their rent. Is that legal?? I want to keep them happy and keep them in there, but at the same time do not feel I should cater to their every demand. Please advise! Thanks.

Emily, Philadelphia, PA

A: Tell them any further "door work" will be at their expense. Don't let them deduct it. They're out of line!

Dear Mr. Reno:
I have a tenant in Oregon who is one month behind in his rent. He has promised to pay in full next month (don't they all) with bi-monthly installments to get caught up. Is it legal for me to take the title and spare keys to his car as collateral if his misses installment payment? Thanks!!

Steve Rissberger

A: Yes, it is legal, but you wont be able to do anything with the car unless he signs the title over to you- so that's a problem because he says he's gonna pay you. It might work as a tactic, but in the end, you're not getting that car.

Dear Mr. Reno:
My problem is that I rented the unit to a guy who said on the application he does not smoke, now the application as well the lease state clearly No Smoking and No Pets are permitted on the property. He brought his brother who is not on the application nor on the lease to live with him. At the beginning of the month the guy on the lease send half of the rent and I have to wait sometimes more than 10 days before collecting the remainder of the rent. In addition to that the brother from time to time smokes inside and that brakes the terms of the lease, I call right away and he apologizes and say it won't happen again but the problem it is happening over and over. Could you please guide me how to deal with this case, and what type of forms do I need in case of eviction notice? Thanks for your help.

Anna, Toronto, On.

A: You're probably going to need to wait until the lease expires, and then not renew it. In the meantime, LPA has forms you can use to advise of a default (check LPA's Essential Forms). But, evicting someone on that basis is problemmatic because he can always say he's just now quit.

Dear Mr. Reno:
I've been in my current residence for a little over 3 years. My previous roomate and I signed a one year lease. When the lease expired he decided to move out and asked to be removed from the lease. He turned in all the necessary paper work to have this done. I had another roomate move in and we attempted to sign a new lease. His credit wasn't good enough and my property manager said he could not stay. I said Ok I'll look for a new place. He called me back and said not to worry about it and keep paying rent. What he did was never remove my original roomate from the lease and let it go to month to month with us both still on it. Cut to two years later. They won't fix anything. He never replies to phone calls or messages. I have heard horror stories from other tenants about getting back deposits. He was shady in not taking my roomate off the lease. I turned in my thirty days notice and asked him to come out and tell me what I'm responsible for before I would give him rent for fear of him keeping all of the 1400 dollar deposit I gave him. He said I was responsible for paying for recarpeting. The wear on the carpet is very normal wear which as far as I know is their responsibility, especially after three years. Rent was originally 1400 and has been raised to 1587. I gave him the extra 187 on top of the deposit, and told him I would pay for whatever repairs need to be done other than the carpet, but that he was not going to keep my entire deposit. Any advice on how I handled it or how to proceed? Thanks a bunch.

Adam, California

A: If you think he's keeping too much of your security deposit, take him to small claims Court. That's about 50% of what they do there.

Dear Mr. Reno:
I have a 2-bedroom apartment that I rented to a couple with a child (mom is also expecting another soom). The unit is attached to my home and I pay for the water supply, as well as heating the water and the heat itself via propane. At the time I rented the apartment to them, my printer was not working so I did not have a lease (but I did provide them with a copy of the lease from the prior tenant to read over, as there were not going to be any changes) to see if they would agree to the terms before they moved in and told them that as soon as I could, I would provide them with one. Well, I still have not gotten them their own copy with signatures, so basically, they are month-to-month renters for the time being. I made them aware of the fact that we generally rent to 3 people MAX,(two adults and a child) as the unit is very small and this was also outlined on the copy I gave them to read over. I made an allowance for the little one on the way, as they don't need much room. Here is my problem---My tenant has a youger sister who is having problems at home and has been staying with my tenant now for a week. They informed me of this, and I agreed that it would be okay to let her stay for a while to let things die down a bit. Yesterday, my daughter came home and told me that the "little sister" (who is a friend of my eldest daughter) approached her in school and told her that she was moving in permanently and to tell me that she needed a bedroom!!! This would mean 3 adults and 2 children in this tiny 2 bedroom unit that I am paying the ultilities for!!! On top of that, I was never asked---it was just assumed that it would be okay. I have informed her that she could not move in. What are the rights regarding this situation?

Robin Ginter, New York State

A: Well the bad news is there's no lease. There is no agreed upon occupancy limit. The good news is also that there's no lease. If you're unhappy with the arrangement you can serve a 30 day notice anytime now. (Maybe talk first? Give an ultimatum?)

Dear Mr. Reno:
I rented to a very nice girl who was extremely neat. We had no problem, until her husband got out of jail. They started spending money on things like a truck for him, and other things. They got into a financial bind, and asked if we would release them from their lease. I agreed to do so, if they cleaned up the apartment, replaced the bathroom door where someone had put their fist through. I told them I would try very hard to get a new renter. They did not clean the house, and he said he did not know how to do carpentry so he could not replace the door nor broken Blinds. They also had slipped a cat into the apartment which urinated on the new carpet. I found what appears to be a reliable couple. I told them they could move in on the 19th, as the apartment was empty, and their lease would start on the 1st of July. Now I am wondering if I owe the other couple who move out the rent from the 19th through the 30th since I didn't collect any from the second couple. The first couple said they never used the storage room, but when I checked I found that they left a heavy vanity that belong to the wife. They won't come back and get it. I know they will sue me if they can, as he told me they got on the internet to see if they could break the lease without having to pay. Your wisdom would be most appreciated. I forgot to mention that I had to drop the rent by$19.00...

Kathy, Az

A: Usually, if they stay into the month of June, they owe all of June. So keep security for June. Hold onto the vanity until 8/1/08. You should be fine.

Dear Mr. Reno:
What is the best remedy for neighboring tenants who despise each other and are feuding, neither of whom have any intention of moving out, but both want me to “do something” about it. Neither has broken the lease that I’m aware of but they simply can’t get along. Should I have any responsibility in that or is the best remedy to let them work it out between themselves and/or one of them voluntarily move out on their own? Thanks,

Rob

A: Everyone's got feuding tenants this month. I'll tell you what I told them. If you've got one "crazy" tenant, you're going to lose all your "normal" tenants one by one- so evict the nutcase. On the other hand, if you're not sure who's at fault- don't take sides. Keep out of it.

Dear Mr. Reno:
I recently had a young single mother wanted to rent a duplex apartment from me. She put down half of the security deposit, and then I asked her a total of three times if she was serious about wanting to move to North Carolina. She said yes. I should mention that she is on section eight. I also work with her. I was trying to help her. Well, anyway she paid the reminder of the security deposit and then had a meeting with section 8 to recertified. At the meeting she found out she had to paid more of her rent. She called me and told me and I said okay. Then she told me she could not move and wanted her security deposit back. I told her about the clause in the rental application, and that I had to stand by that. Since then she wanted a copy of the application, which is alright, and a duplicate copy of the receipt she already received. Which I feel I should not do, because I already gave her receipts for both payments. Also when she filled out the application she was instructed to read the part about the security deposit. What are your thoughts on the receipts, and what else can I put in my letter back to her. I will never try to help anyone again. Blessings,

Denise McGhee, Rockaway, NY

A: This crazy person sounds like she's court bound, but may have lost her receipts. If you provide them, she's cleared for take off. So don't. Tell her your lawyer says you don't have to. She may still take you to court, but you don't have to make it easy for her.

Dear Mr. Reno:
I have a tenant who gave me notice to vacate when his lease was up which is Feb.29,2008. He then informed me he will not vacate untill Mar.1,2008. Can I withhold rent from his security deposit? Thank you.

John Gand, NY

A: You're kidding, right? Lots of people leave on the first, but if he stays and is still there on the 2nd, that's different- now he's into the next month.

Dear Mr. Reno:
we recently found out our landlord lied to us about lead pain, we had the apt and hallways tested and they all have lead pain including some of the walls, him knowing this rented us this place with 2 children under 6 years of age. we asked him about lead pain and he said he had a deleaded certificate and said he would show us when he brang us our copy of hte lease, he has never gave us our copy of the lease or shown us the certificate. So my question is is it legal for us to with hold some of the rent till this problem is fixed or can we legally break our lease and move on to a better place Sincerely,

Matthew J. Harrison, Taunton MA, 02780

A: I don't think you can withhold rent, but you can break the lease based on fraud. Why don't you give him a written notice that you'll be moving 9/1/08?

Published 2008-06-18

Dear Mr. Reno:
What are Florida laws on going into my leased property when I plan to evict for non-payment of rent. I had already given written notice to vacate. I went in 2 times, once when the door was open and once to take the pest control in since I saw roaches on first visit. Tenant let us in. She called the Sheriff's' office. First officer told her I could do that, second time 3 officers came and said I could not. It seemed to me that Florida chapter 83.53 said I could. Written lease says I can. Thanks,

Norma, Florida

A: Don't forget Section 83.53 requires 12 hours notice. I think that's where your problem is. Also, very often the police are clueless, unfortunately. (So are the lawyers sometimes.)

Dear Mr. Reno:
I have a couple that are renting out a bedroom in my home and they continue to leave food in there room and they don't do there dishes. I have never had roaches and now I do. What can I do. Can I charge them for the cost of getting rid of these? They have finally found a place to move and has given there notice to vacate, can I take it out of there deposit? Please let me know as soon as possible. Mahalo!

Rasquel Featheran

A: You can deduct the cost of a full extermination from the deposit. Problem is, it doesn't end there. In Court, can you prove they caused the roaches? That's a tall order. I would try it. (maybe settle for half?)

Dear Mr. Reno:
I let this girl move in a year ago into my home. There is no lease and she does not pay any bills. She was just going to be there until she could find a job and a place to live. Now a year later she still has not gotten a job or paid any rent or bills. There have been signs of unauthorized parties and property damage to my home. Do I have to give a 30 day notice to evict. I fear theft and property damage during the 30 day notice time.

Jeff, Tennessee

A: Probably. She's what's called a "tenant at sufferage". You invited her in- now you're inviting her out. In NY, you need 30 days. In Tenn., I doubt it would be more, but it could be less.

Dear Mr. Reno:
Does the landlord have the legal right to tell a tenant how often and boyfriend/girlfriend is allowed to sleep over... please don't confuse this with moving in... just sleeping over. Example: The landlord at my girlfriend's apartment building just told her that I'm sleeping over too often and has a issue with this. He's limiting my sleep overs to 2-3 nights a week? Is that legal?-

Peter J.P., NJ

A: No, the landlord does not have that right, but don't forget, the landlord has the right to not renew the lease or to end it now, if it's a month to month, so beware.

Published 2008-06-15

Dear Mr. Reno:
Do you need a lawyer to evict a bad tenant and what are the steps the landlord must take? Thank you,

Deb Leone, Revere Massachusetts

A: Do you need a lawyer? What a question. Let me put it this way. Most landlords use lawyers because of the procedures required. There are many steps. Some landlords do it themselves and do quite well. Maybe you can too. But don't expect to get it right the first try!

Published 2008-06-14

Dear Mr. Reno:
I have an applicant that we denied and is threatening to sue for discrimination. When an application is turned in I typically run a criminal through our county and a Megan’s law search first, before doing a credit check. On this one, this is all I did and denied. I used the denial form which states “Lack of credit history, or derogatory information contained in credit and/or criminal report.” She is saying that I have other renters in the same area which have a criminal history and I am discriminating her. I did not tell her she was denied because of criminal, she assumed that. I also explained that we just started doing credit and criminal checks in 2007, but if she gave me the names of those tenants I would take care of it because our policy states that tenants may not break any laws. 2 questions, 1-Should I have done the credit check also? 2-Does she have anything to present a case to small claims as she threatened?

Rosie, CA

A: 1. Yes. 2. NO. She may go to the state housing agency. They may contact you for an explanation. They'll make a preliminary determination. I don't think you should worry.

Dear Mr. Reno:
Current lease not up until July 1, 08. Already signed a new lease to start July 1, 08- July 1, 09. Then decided to not to stay there. Gave 1mnth notice on June 1, 08. Now landlord states must pay penalty for breaking lease agreement. Do I still have to, even if the date of the new lease hasn't started yet? Thank you,

Darline, Oregon

A: You've got troubles. You've got to talk turkey with this landlord, make a deal. Maybe stay until 8/1? What would the landlord agree to? Maybe stay until he finds your replacement? Your lease is a contract- and you are breaking it, so beware.

Dear Mr. Reno:
my tenants signed a lease for 1 year beginning Sept 2006. They left the property without notice Jan 8, 2007and moved to Oregon. They still owed rent for Dec 2006 and never paid for Jan 2007. The home was vacant due to repairs for Feb and March 2007. I can’t locate them, their family members in my town won’t tell me where they are and they will not answer the emails I’ve sent. What can I do to recoup my losses of approx $5,500? Thank you.

Larry B., Castle Rock, CO –

A: Probably nothing. You'd need to find them first. Try a missing person's website or LPA's Clear Screening collection agency. (How much time do you have on your hands?)

Dear Mr. Reno:
A non-payment suit was filed against the tenant, who has not paid for last two months. She walks away, abandoning the property, causing mass destruction making the property uninhabitable. What’s my recourse? Can I file a criminal suit? Should I pursue the non-payment case filed in Landlord Tenancy court? Can I claim the back rent, without the court order? Can I file a claim in the Small Cause Claim court without a court order? The tenant has exhausted her security deposit..how can I make a claim against the damages she has caused? I have several pictures taken, to witness the damages? Thank you,

Leena Dsouza

A: The answer is.. small claims Court.

Dear Mr. Reno:
Hi, In response to the question of rent collect on a foreclosed home. I had 50 rentals a few years ago. I have lost several homes to foreclosure and have collected rent after the sheriff’s sale but then I stopped collecting rent at the end of the redemption period, because that’s when the bank gets the property back. In every case I let the tenant know it was in foreclosure and they have to be out at the end of redemption. (Minnesota is 6 months). The tenants are fine with that because I give them a reduced rent and they actually have a 6 month notice. The mortgage companies seem to be ok with that because they get the property back in good condition. My experience is the national mortgage companies would rather do a foreclosure than a deed in lieau. Thanks,

Don

A: Thanks for the input Don.

Published 2008-06-11

Dear Mr. Reno:
Good Evening: My question is this. My elderly Mother is about to enter into a lease for an apartment. The Manager has told her that if she dies before her lease is up that they would come after me for the balance of her lease even though I am not a co-signor. Is this legal? I can understand if they go after her estate which would be non-existent but to come after next of kin? Thanks,

Danell Fullbright,

A: You are RIGHT- Manager is WRONG (too much sun?)

Dear Mr. Reno:
Tenants have trashed apartment in excessive of security deposit. What to do? Also they still owe utilities, while I owe them some of their month's rent. I thank you in advance for your help,

Attorney Reno.

A: If they're still in, evict them. If they're out, small claims court (maybe I didn't understand your question.)

Dear Mr. Reno:
Recently I had tenants who intentionally violated provisions in their lease in order to get me to evict them. They refused to pay rent. My question. When tenants intentionally violate provisions in the lease to force the landlord into an eviction because they want to get out of their lease can the landlord sue the tenants for rent not received until the unit is re-rented?

Mikki Couch, Oklahoma

A: Yes, you can sue for lost rent if they were evicted for nonpayment prior to expiration of the leases.

Dear Mr. Reno:
My husband's father died leaving no will, we are going through probate. Father left Mobil home on 2 acres of land my husbands nephew is living in mobile does not pay rent no lease or nothing is just tring to squat on property .is even tearing up the property. ripped all of the dry wall off the walls in the trailer. says he is remodeling the house . No one gave him permission to do this not even grand father before he died. has girlfriend staying with him. We tried to go over there to clean up property got in fight with them he thinks he owns this propery even threathened to kill my husband. we need to evict or remove these people off the property and dont know what to do please help.

Renee Monegan, CA

A: You are going through probate- someone will be appointed by the Court as the Administrator of the Estate ( I assume your Husband). Once the Court appoints him to handle the estate, then he can evict nephew as a squatter.

Dear Mr. Reno:
We rent two one bedroom units, and they are tenants at will. The upstairs tenant moved out (after proper notice was given) on 2/28/08. We had a woman agree to rent the apt as of 4/1/08 - we wanted the extra month in order to give my husband time to redo the bathroom. She called on 3/20'ish and informed me she would not be able to move in (reneging on oral lease) because she'd been laid off. When she initially agreed to rent the apt, she gave me a check of $500 toward first months rent, and was supposed to give me another $350 (rent is 850) plus and $850 security deposit. NOW she wants her $500 back - what the heck? She was told that we require a 30 day written notice to vacate. She is now threatening to sue, has harassed me via email and is lurking around our home telling neighbors and a "contractor" - my husband! - that we're stiffs and screw people out of money... do I have to give the money back or can I sue the crazy pain in the butt for the rest of the months' rent that she didn't pay? Thanks! .

Lori W., Exeter NH

A: Keep the money. I don't think she'll sue, but if she does, then you can counter sue for the $350 and the $850. If she doesn't sue, let sleeping (crazy) dogs lie.

Published 2008-06-09

Dear Mr. Reno:
My landlord returned less than half of my $1200 security deposit after I moved out of a home I rented in Colorado. I broke no lease conditions, left the property in pristine condition, and took final pictures. A new tenant moved into the home two days later. The landlord charged me $75 to have a company “check and lube the garage door” (receipt dated 7 days after new tenant moved in), $526 to have a company clean the unit (receipt dated 1 ½ months after new tenant moved in), and $35 of personal labor for supposedly cleaning a mailbox and a dirt driveway. The landlord claims these expenses are reasonable and justified to return the unit to “pre-occupancy state.” Are these legitimate charges against my security deposit?

Rich from Colorado

A: Offhand I would say he wins on the clean-up, and you win on the others, but that's what small claims court is for. It's up to the judge.

Dear Mr. Reno:
Is there a Lease / Landlord Law about raising the rent. Is there a percentage that can be raised on renewal , or if they are month to month ???? Thank you ,

Michael Porter, PA

A: LPA has a form of the notice you can use. There's no limit to the amount, unless you're in a rent control area like NYC. (Please be reasonable, we're in a recession.)

Dear Mr. Reno:
I filed an unlawful detainer against my tenant for not paying 3 months of rent as well as not paying the sanitation bills for 6 months and refuses to move after recieving a 30 day eviction notice. She had responded to the court abount my complaints and included her complaints which are completely false. She states that she has the right to with hold rent due to uninhabitable conditions, yet have never mentioned this in the past nor given me an opportunity to correct the problem if there even is such a problem. What can I expect from the judge? Could I be forced to keep her on as a tenant and fix this "out of the blue problem?" -

Chad Rodrigues, Fontana, Ca

A: My experience is that usually the Judges will require that the tenant gave notice of the problems. But the tenants always LIE. If you're lucky, your judge will not believe the tenants UNLESS they have proof they gave WRITTEN notices of their complaints. (If you're lucky.)

Dear Mr. Reno:
I have a tenant in CT that sent a 30 day notice that he will move out Jun 30, rather than July 31 as per the one year lease. He has not paid his Jun 1 payment and told me that he would be out by Jun 30. He signed a year lease that states that the security deposit will be forfeited in the case the tenant breaks the lease. I informed him that per the lease, we would keep his security deposit if he leaves before Jul 31 as he will have broken the lease (and this in essence covers the month of July should we not find someone). We have offered to prorate & return Jul rent if we can find someone. Isn't he still responsible for Jun rent payment (or does that now count as his last month rent and he is using what we collected at the beginning of the lease (1st last security, pet deposit?). Do we return his pet deposit of $500 on Jun 30, or do we wait until Jul 31 and handle then? Thank you for your help in advance!

Larry Robinson, New Orleans, LA

A: You're going to have to wait until he leaves, to figure out what you can keep. Technically, you could start an eviction now because he hasn't paid June, and your probably should. Assuming he leaves on 6/30, could probably keep the pet deposit to offset July unless you rerent right away. Then we'll have to see about damages to the prop. so it's too early to say.

Dear Mr. Reno:
I was looking at the LPA termination of tenancy document. Is it required that NY landlords have a third party physically serve any termination of tenancy forms? If the rental agreement is silent or states that items must be mailed, does that constitute proper service in NY?

Phillip in WNT (NY)

A: I've heard both versions, so I can't give you a good answer. Some judges want it "served" just like a summons. The only safe way is to use a third party.

Dear Mr. Reno:
We evicted our tenants on May 10, 2008 and they left a bunch of items. They've had access to the house (breaking in) after May 10 and came back to pick up some of the items but not all. How long do we need to keep these items?

Queenie Baker, Washington State

A: No golden rule. 60 days to be safe. If that's troublesome, at least 30 should be okay.

Dear Mr. Reno:
I have a couple as tenants and now I was informed by the lady that she is moving out of state and wants to be taken out of the lease. They moved in last February, that is when the lease begins for a year. The gentleman continues to live in the condo. I have no idea what I have to do. Should I make a new lease? I would very much appreciate your help.

Clelia Ulloa, Orlando, Florida

A: No. She's still in it, until it expires. She's also still liable for non-payment. Then you can redo it, for just the one.

Dear Mr. Reno:
I was told that as a landlord I could claim a sundry fee of $75 to add to a monetary judgement. It is apparently the same amount an attorney can charge for an appearance in court. I was told I need to bring a copy of No. 4871 to the court house when I file my garnishment paperwork, but I cannot find it on the internet. Is it possible that someone gave me an incorrect House Bill No. Please help.-

Jane Rice, Landlord

A: That varies from state to state and court to court. You have to ask the court clerk where the evictions are done. They'll tell you.

Dear Mr. Reno:
Hi my name is chantell colon, nj, Can a lanlord sue a tenant after an eviction took place 3 years ago?

A: Probably, yes. Each state has its own "Statute of limitations" (time limit.) In NY, its 6 years which is the limit for breach of a contract(like a lease.)

Dear Mr. Reno:
I have a 1 year lease that will be up on 9/4/08. The current names on the lease are myself and a friend of mine. My friend has caused me nothing but headaches after the first 2 months we were here. In retrospect, I wish I wouldnt have moved in with her but hindsight is 20/20. Once the lease is up, I would like to stay in the house, but have my friend move out. Today I spoke with my landlord who is aware of the situation and he said he will send her a Notice of Non-Renewal for when the lease is up. Then when it is up, he will re-sign a new lease with myself. Is providing the Notice of Renewal sufficient enough to have her evicted if shes still here when the lease is up? Is this my only course of action and will the eviction process still take as long even though shes being given almost 90 days advance notice of non-renewal of her lease? Thanks for all your help! Tracy, Maryland p.s. I know I have more then (1) question, but Im in a tough spot. Please help. Thanks!

A: This is a difficult situation that frequently comes up. I hope your friend leaves voluntarily, or there will be trouble. The landlord may have to give you both a Notice to Vacate and maybe even evict you both, and rerent to you later. The problem is, I know of no method of only evicting one person on the lease.

Dear Mr. Reno:
I have a rental home that I originally rentated with a year lease agreement. My tenant is a nice person and pays the monthly rent on time. The second year I made her re-sign another lease like the original one, the third I forgot. Now I am in the fourth year and I am wondering if I made a mistake. Should I ask her to sign a contract every year? What kind of document should I use for a continuation of the lease? Thank you,

Tullia Tonachini, CALIFORNIA

A: She's now a month to month tenant, but still bound by the terms contained in the expired lease. You don't need to give her an extention, unless she wants one. You're in fine shape, don't open a can of worms.

Dear Mr. Reno:
When a tenant breaks a lease, can the landlord keep the deposit? The deposit is less than the monthly rent. Thank you.

Christy W.

A: It's complicated. Technically the security is for damages, not rent, however, the leases sometimes authorize retaining it. Also, when the tenant sues for the security the landlord may have a counterclaim against the tenant for unpaid rent if the unit stayed vacant after the tenant broke the lease. So I guess the answer to" Can I keep it?" is definaitely maybe.

Dear Mr. Reno:
I was the guaranteer on the lease for my sisters and future brother in law. They got evicted because one of the sisters and the future brother in law got arrested and through their arrest the property evicted them. Am I financially responsible for the balance of the lease since the eviction has nothing to do with the payment of the rent which was paid in full on time every month. Thanks.

Michaela Barfield, California

A: Yes, you are, but only until the property is rerented and then your obligation ends.

Dear Mr. Reno:
I had a tenant move without paying the last months rent. I have sued the tenant for the last months rent. we had a written contract. I would like to prepare an interrogatory for the tenant. What questions do I need to ask that would establish that the contract was valid, the tenant had not paid the rent? Then I can submit the answers with a motion for summary judgment and not have to go before the judge.? thanks

A: I guess you would ask the tenant to state any defenses to the claim of rent due and also set forth any claims the tenant has against the landlord (You're going to alot - too much time on your hands?)

Dear Mr. Reno:
My landlord is not renewing my lease but told us to take our time in looking for a new place as he knows I am trying to purchase something to live in. His son is moving into our apartment. In his last letter (nothing sent certified mail) he told us we had until the end of June but I have not found anything suitable and will need an extra month. I will need an extra month, so I am going to take him up on his previous correspondence stating to let them know if extra accommodations are needed to let them know. What are my rights? Please let me know.

Marge MacLean, Massachusetts

A: You should be Okay. PAY THE RENT (or at least offer to pay it.) He wont be able to get your out before July 1- NO WAY.

Dear Mr. Reno:
My name is Lora and I want to purchase a four family brownstone in Brooklyn, New York. Only one of the apartments is vacant. How can I be sure the other apartments aren't rent control? The seller is selling 'as is'.

A: Call the Rent Control Board or ask your lawyer. You can also have a title company do a "departmental search" before the contract for around $250.

Dear Mr. Reno:
I have been renting a custome home for the past 5 yrs to a stockbroker who decided to rent month to month. In the past he has controlled not wanting me to come into the house and when I did I could never get past the kitchen and living room. Several times I offered for him to buy the house because I didn't want to continue owning 2 homes and the last time, I told him I would offer it to him for what I owed which was $149,900 (the house appraises for $183,400). I explained to him with the ARM mortgage and owning two homes I was unable to get it refinanced and financially I wasn't going to be able to afford it. He declined. I hired a realtor and the house was put on the market. When the realtor went this past weekend to take pictures, the realtor told me the inside of the house was filthy and pretty much a disaster. The front door, the renter's son busted in the door the weekend before and the frame came undone. The renter has a golden retriever dog (which sheds profusely) and a cat. The berber carpet which was new when he moved in now is stained and several snags from the dogs toenails that have raveled out. The realtor said the bathrooms look like they have not been cleaned for 5 years. We were not able to use the pictures due to the mess. Parts of the oven were missing. The renter told me he washed the kitchen floor on his hands and knees and waxed it, which from a distance the floor was very filthy and looked like he waxed over the dirt. The renter has been nice and paid his rent on time and said he would have it cleaned up by the 20th of this month and the last place that he lived, he received $800 of the $1,000 deposit back. Also, I forgot to mention the custom curtains I had in the living room and bedroom are gone and there are just rods left. I need to know what my rights are. Thank you,

Rhonda Swager

A: I don't think you're going to sell this house, in today's market, until you get this pig out of there. We love to be able to collect rent right up until the closing on our sale, but sometimes you just can't, and this sounds like one of those times. He's month to month- give him a notice to vacate. (Deal with security issues after he's out.)

Dear Mr. Reno:
I manage a rental house for my church, I am new to the rental business, this houses back yard butts up to a very busy highway , lots of heavy truck traffic , there is no fence , I turned down a renter because she had a small child and we were concerned about his safety. We now have a complaint for discrimination filled against us and it might go to a hearing do to lack of settlement, any advice ?

John , from Indiana

A: I'm not an expert on discrimination law, but I always thought a landlord can turn down tenants with kids just like they do with pets. You can't descrimnate on sexual orientation or martial status in many places, but I never heard about the kids thing. Is there an Indiana statute they say you violated! Maybe you should read it.

Dear Mr. Reno:
My husband and I rent and apt. in Newton from a large apt. community with locations in most every town. We began our lease last June and signed a 14 month lease. Subsequently, my husband and I had to close our business, my husband got a new job but gets paid 2 times per month, and I was in a serious car accident and have been unable to work since December. We have paid our rent each month but late - between the 20th - 30th of the month. We are playing catch up but have never not paid the rent during the month it was due. We recieved a Notice Terminating Tenancy which says we have to move out by June 30th and this notice is from the law firm that represents the apt. community. What are our options? We have a 5 & 6 year old plus our utilities are so high because the windows on the apt. (about 20 windows in the apt. are not insulated and were installed incorrectly). So, we pay about 300 in Gas and 200 in Electricity per month for an 1800 sq.ft. apt. Plus we pay water which is a private deal from a company called Ista which the apt. complex has in place. We have been very nice with all the repairs and the non-working alarm system and the windows and then the dryer. Plus our back door has had to be insulated with weather stripping 3 times because the door was not installed correctly and the cold air comes in plus leaves and bugs. Thank you for your time and hope to get an answer - there is no date on the notice about a court hearing. Oh - and our rent payment is 3350.00 per month. Sincerely,

Lisa Teeter, Newton, MA

A: Well your lease is up in August; You can stay until then if your current on the rent. After that, there's nothing you can do if the landlord doesn't want to renew. You can't force'em. Send them a letter that you're paying the rent and staying until the lease expires.

Dear Mr. Reno:
I have two questions: 1) How long does the landlord have until he/she tells you that your check was NSF? 2) Once they deem your check as NSF are they supposed to return your check? Thanks!

Alicia

A: 1. I never heard of a time limit. 2. Usually they can deposit a check 2 times for clearance. Then they can sue. You don't necessarily get it back, but if you offer to replace the check, then they should exchange the bad check for a good one or cash.

Dear Mr. Reno:
I co-signed a one-year lease with an ex. The lease was granted based on her credit (I was in Chapter 13 Bankrupt. at the time). 3 months into it, things got dreadful, we both abandoned property (her first, and 3 weeks later me because I couldn't afford it alone) and went our ways. I offered to compensate the landlord for two months rent + security deposit, but he refused and demanded immediate payment beyond the Texas statutory limits. We stopped talking at that point. One year later (now), can you tell me what my legal obligation is? The property shows up as a former residence on my credit reports, but I only lived there two months and was secondary on lease... can I ask the credit reporting companies to remove the address? Thanks SO MUCH!

Robert

A: You owe rent, but it sounds like he hasn't sued you, yet, so that's good. Credit reporting companies usually revise reports if you send a certified letter challenging info. Try it.

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