Published 2008-05-06

Dear Mr. Reno:
My tenant paid first and last months rent plus deposit to move in. After 14 months they gave me 30 day notice and did not pay the rent that last month as I had it up front. Then they did not move out. They have paid me regular timely rent payments from that month on but have not paid back the last months rent. This was 6 months ago. I have ask them to pay the money back even offering to let them pay $100.00 a month until they catch up all to no avail. Technically they are behind in rent as I understand it and I can have them evicted. The woman tenants just had a second child and the male was laid off his job and is now collecting unemployment. I hate to evict them but they are not responding to my request to pay the back rent. What can I do as a final effort to collect the last months back rent prior to filing for possession of my property. I've been letting them slide but cannot continue to do so.

Sincerely, Scott Shore

A: Scott: Your note to me contained eleven sentences. Your question to me was in the tenth sentence. Your answer to the question in the 10th sentence is the 7th sentence.

Dear Mr. Reno:
Dear Mr. Reno:
I own a duplex that I live in and rent the 2nd unit for $1000.00 a month. Heat, hot water and laundry facilities with their associated utility costs are included in the monthly rent. This is a large, sunny well kept apartment with hardwood floors, plaster walls and cedar closets in a quiet family neighborhood close to downtown and I believe it to be bargain at that price, but I am willing to take less rent to be choosey about my tenants. It is an "over/under"" duplex and both units are nearly equal in size - 2 bedrooms, living room, dining room and full eat-in kitchen. I have not raised the rent in several years but the exponential increase in the cost of heating oil this year (not to mention property taxes) is crippling my budget. I bought this duplex to subsidize my living expenses and now I find it is costing me more to live here than it costs my tenant. I am having trouble finding out exactly how much I am allowed to raise my rent in the state of New Hampshire and in (over) what time period? Is there a monthly/yearly percentage restriction in NH. I should note that I have a month to month lease with my tenant and he has been renting for approximately 18 months. He is chronically 5 days late with his rent payment (no surprise - my lease has a late fee after 5 days), but he does always pay and he and his 16 year old daughter have been nice, quiet and polite tenants. I would like to raise the rent to $1100.00. I know a $100 jump may seem like a lot, so I have considered doing it in 2 steps, 1050.00 for a few months and then 1100.00, but the heating cost has gone up far more than that $100 a month so I must do something. Any information or advice would be appreciated.

Sincerely, Mary Leighton Dover, New Hampshire

A: $100 seems reasonable, since it's been the same for several years. There is no rent stabalization in my area (New York City has it, I'm in the suburbs.) Here, a landlord can raise the rent any amount. You sound like you believe you're under some restrictions. What is the basis of that belief?

Dear Mr. Reno:
If you give your tenant a 30days notice to vacate , can he decide to leave the same day without paying you the 30 days left?

Sincerely, Patrick, CA

A: No, because he is likewise required to give YOU thirty days notice.

Dear Mr. Reno:
Tenant Died 12/1/06. His brother came to take possession of my tenants personal belongings. Mailed him the itemized statement of deductions against the security deposit as the brother was the executor of the estate. Now 1 ½ years later he is suing me for $5000.00 breach of contract and services rendered. How is this right?

KD- California.

A: I don't know what his beef is but if you're questioning the length of time he waited, that wont save you. I don't know about Cal., but in NY he'd have six years to sue. He's probably within the Cal. time limit.

Dear Mr. Reno:
I forgot to give a receipt of the security deposit to the tenants and did not inform them of where the account was held. I did not know I had to give then the account information and I thought if they paid by money order or check they would have a receipt. They are trying to sue for double damages on this. Can they really do this? Can they really win? They were evicted and some how got an attorney to take this case on. They also owe me over 4500.00 in damages and rent and past bills.

Maria from New Hampshire

A: This is a technical statutory issue that varies greatly from state to state. Do you know the section of New Hampshire Law they say you violated? If not, ask the tenants lawyer. They'll tell you. Get a copy and read it thoroughly. If you don't find your answer- write back.

Dear Mr. Reno:
Due to economic difficulties we have decided to close down one of the locations of our business in South Florida. The lease term contract for this location expired since September 2007. At the time, we informed the landlord that we didn't want to renew our lease contract as we were unsure of our business future. He seemed to be very easy going about the situation and didn't require us to sign another lease or make any changes to our expired lease. We continued paying our monthly rent as on the terms in the expired lease, running from 15th to 15th of each month. On April 1st we gave notification of our intention to vacate the premises by the end of the month (unfortunately, not in writting). He tried to difuse the situation and tried to convince us to stay and keep in business (good for him as we are only making money to pay his rent), he even offered to buy our business but never came through. Now that a month has passed since our notification, we contacted him to inform him that we were getting the property vacated and ready to be inspected so that we could initiate the process of getting our deposits back (about $20,000). Out of the blue he argued that we were not to leave on the 30th as our lease terms run from 15th to 15th (our expired lease terms). Can he hold half a month's rent from our deposit because our expired lease terms used to run from 15th to 15th? Do we have a way to defend ourselves although we have no way of proving that we gave him a 30 day notification (he completely and convenientely denies having ever heard such a thing from us!)
We really appreciate your help, just when we thought we were cutting our losses we are caught off guard by the dishonesty of this landlord,
Thanks is advance,

Jennifer

A: If you continued to pay on the 15th then he's right. If you changed things after lease expiration and went to paying on the 1st, then you're right. Which is it?

Dear Mr. Reno:
My daughter 18 her Moms friend invited my daughter to move in with no rent or lease in January 2008.
Daughter's bf moved in with her after army in Feb 2008.
Now I believe things didn't work out between My ex-wife and the owner of house.
The owner also has tenants down stairs of his house with lease and payments. Two weeks ago the downstairs tenants told my daughter and her bf they have 15 days to be out. The owner is letting tenants take over house payments. The owner wrote a note about it which the tenants showed my daughter, the note doesn't exist anymore. Doesn't the owner need to give my daughter a 30 day notice in writing?
Thank You Very Much

Tim from Minnesota

A: In just about every state, it's 30 days. I don't know specifically about Minn., but I assume it would be at least 30 days.
LPA note: NOTICE PERIOD TO TERMINATE TENANCY: 1 rental period written notice.

Dear Mr. Reno:
If you've been evicted once can that prevent you from getting an apartment again?

Gretchen Harbourt

A: It can if a prospective landlord knows about it.

Dear Mr. Reno:
dealing with roommate situations:
I once had a group of 4 young adults sharing a home I rent out. To avoid any misunderstandings and damages in the future, I had each of them sign the lease and to sign a separate acknowledgement that the rent was not divided by 4 but was due in full, with each of them bearing 100% responsibility for payment: any inability of any one of them to come up with their part of the rent was not MY problem : any shortfalls must be made up by the rest of them with payment due to me in full. Likewise, any damage done by any one of them was the responsibility of all of them..
This way, they policed each other for damage control and money due because they knew they’d each be held personally responsible as well. It left any squabbles about money between the four of them and left me out of it..
It worked well, or else I was just lucky..
Anne, Phoenix, AZ

A:
Anne: If all landlords were as smart as you. I'd be out of business! That separate acknowledgement is a truely great idea. I would like to know what you can do about a tenant that has been told numerous times about trash removal. It is in there lease that it is there responsibility. They have even been offered a place to bring it at no cost to them and still won't do it. Starting to loose patience.Thank You.

Lisa Duchesneau, CT

A: Most leases have provisions on handling defaults other than non-payment, usually resulting in termination of the lease. CAUTION: It's hard to evict for non-monetary defaults. Good Luck.

Dear Mr. Reno:
Dear Mr. Reno:
Tenant moved into my house June 2006. At that time, oil tanks appeared to be ½ full. He agreed that when he vacated he would leave tanks ½ full. In October 2007, the oil company we both use (I have another house on same property that I live in.) came to fill oil tanks in his house. There are 3 275 gallon tanks in that house. The fill only took 87 gallons of oil and the delivery man told me in the presence of a witness that the lines between the 3 tanks were clogged, two of the tanks were completely full prior to his putting any more oil in, and the third tank took only 87 gallons. He advised me to get a furnace man to clean the lines between the tanks and then they would drain simultaneously. I advised the tenant at that time that the tanks were full less 87 gallons so he would need to fill the tanks less 87 gallons when he left. He stayed on after the lease expired in June of 2007 on a month to month basis. I asked him in September 2007 if he was staying for the winter because if not, he had to vacate so I could get someone in there. He committed to stay until February. In February he said he was staying until May. First of April, he gave me a check which said final rent, moving May 3. He has also damaged my hardwood floor, scratching 13 boards to the subfloor and it will be approximately 900 to have that fixed. He told me to use the security deposit to fix the floor. He is flatly refusing to replace the oil, stating that the house has problems (e.g., lead paint (house if 80 years old and disclosure was given in the lease and booklet was given to him), he states there is asbestos in the house (never seen or disclosed to me. I don't know where it might be or why) During his tenancy, he flushed toilet brushes down the toilet, clogging the outside sewer line. It is an old line has a spot in it that catches paper once or twice a year (my sewer man has snaked it probably once a year every year since I have lived there) Now the tenant says he will call the EPA about the drain line if I make him pay the oil bill.
Question: How likely is it that I can recover the $1200-$1500 worth of oil that he owes me. He said he is going to sue me if I ask for it because the house is unlivable......he says this after he voluntarily stayed there for 11 months with no complaints until now. I am going to let him move out this Saturday and have the oil sticked and measured immediately and get an estimate from the oil company for filling up. I already have their statement that shows he only put 87 gallons in to fill up. Would you advise me to pursue this or let it go?
Thanks.

Judy

A: You're on solid ground and should win in small claims; the question is- do you want to invest the time and effort in pursuing this judgment- which is maybe not even collectable. It's up to you. (Any place is "walking distance" if you've got the time!)

Published 2008-04-28

Dear Mr. Reno:
My name is Julia, live in Wyoming my question is my husband and I purchased a home in another town and put up our other two houses as collateral. I had severe health problems and we decided to move back to our old house. We found what we thought were decent people to take over our payments. Our downfall was we worked up a land contract for them and went this weekend to get more of our belongings out of the property only to find that they have torn down tool sheds, pump house cover, trashed the modular and have hauled off most of our belongings and sold them. We were told by the Sheriff that they couldn’t bring criminal charges because of the land contract and I would have to get a lawyer to get them evicted. My problem is what kind of letter does the lawyer make up that I can’t? Also we read in our Mortgage contract that we cannot enter into anything like this without their knowledge so now I am afraid of letting our bank know whats going on because I am afraid they will take everything we own. I just want these people out of our property so we can try and salvage whats left of our property so the bank doesn’t call in the loan. Any suggestions?

Julia, WY

A: You have a land contract. That should say what your remedies (rights upon default) are.
As far as your bank goes, it's too late to worry about that now. Your #1 priorty is to evict these people.

Dear Mr. Reno:
I changed to monthly tenancy after problems with tenants.
The current one has paid rent on time, luckily, but she has other issues.
She REFUSES access to the apt., not allowing inspections, and when Lowe's delivered a new frig, she refused to allow them in to set it up, so I asked her to move.
I did get a letter from her that she'll be out on the 30th, but she refuses to allow anyone to view the apt., and I was told she could take me to court if I try. She refused to pay April rent, so I took it out of the $1400 deposit, but I haven't been in there to see what's going on, as she refuses my entry.
She refuses to move her car so I can fix the driveway. I showed the police the threatening emails she's been sending, and she says she can do whatever she wants, it's HER apartment.
I was told not to have anything in writing she could use against me. How can I avoid this in the future, also, do you recommend I get an electronic palm lock so I don't have to keep replacing locks when tenants move out?
Why do tenants have more rights than the landlord?
Thanks for any input!

Debra, New York

A: If she didn't pay the April rent, why aren't you evicting her for not paying the April rent? You obviously can't stand this woman. That will solve all your problems.

Dear Mr. Reno:
Dear Mr. Reno:
if i offer a tenant money to leave instead of evicting him, should i not have him sign something upon accepting the keys and giving him the money to release me from in further liability re; in exchange for this amount of money you agree you are relinquishing this unit and hold me free from liability?
thanks

yolanda moncevais, california

A: The something you are talking about is called a "General Release". You can get it from a legal stationary store. When signed, the person releases you from any further liability.

Dear Mr. Reno:
My mother owns an apartment house in Maine in which she lives in the summer months. She lives in Florida in the winter months. She wants to start eviction of her tenant in Maine while she is still in Florida. She has signed the Notice to Quit and mailed it to me. My question is can I have a sheriff serve it for her or do I need to have some kind of legal document in order to do this for her. She is facing surgery and will not be back her for at least a month and would like to get this started before she returns.

Gloria Burnham, Maine

A: Why don't you serve it? It's just a Notice.

Dear Mr. Reno:
I had a tenant who moved on the 8th of March. Two-thirds of his rent was paid by a program, HASA. He owed me his share for Dec, Jan, and Feb. Because he left on the 8th of the month I also sued him in small claims court for that but he never showed up in court. A judgment was entered in my favor but I know it will be hard to collect. HASA sent their 2/3's to cover March rent and I kept them. Were I entitled to these monies since he did not surrender the keys and apartment until after the 1st of the month?

A: Yes, you are entitled to it. Good work!

Dear Mr. Reno:
I just sent a letter to a tenant to pay or quit. He does not answer my calls or respond in any way. How will I get him out so I can rent to someone else?
This is my first eviction after 12 years in the business.

Marne Sumner KY

A: Go to Eviction Court. Go directly to eviction Court. Do not pass Go. Do Not collect $200.00.

Dear Mr. Reno:
Is there any way to collect money from tenants after they have vacated the apartments. I have some tenants that I have a judgement agaunst and some I don't.I have called the 3 major credit bureaus and they all say that I can not put any ones name in their collection bureau because I did not physically give the tenant anything, I only gave them a service. A business can put any one into the colelction bureau without even getting a judgment because a physical thing was purchased and then there was a problem with the payment for that item. Why is an apartment not a thing ,which is paid for with money, something that can not be put into collections. this landlord group says that a member can have these people put into collections thru them but they do not explain how they do it. I have tried contacting this landlord group and no one willl respond with an answer to this question. the courts will not make any tenant pay up, unless it is a bad check. how can I collect what is owed to me???
Is there any way I can garnish some one's 1040 tax returns or social security payments, if they are receiving them, if so How? to get money owed by them to me ? I know the courts allow wives to get money from husbands who owe them for child support.

part 2 . I have been reading some of your comments on these questions. the problem we landlord have where I live is that the judge does not allow any damages in his court. He is strictly for the tenants and has stated to me in court that " he hates landlords" how do you deal with a judge like this. He will give an eviction only if the rents are not paid on time but says he will not evict for any other reason. Several times I received an eviction from this judge but then was told he will not allow money damages and that I would have to go to small claims court to get my money, and then we come to the question again about how to collect these moneys, even with a judgment. is there any way to collect on money owed by tenants? I have tried collection companies, but all they do is write them a letter, which I have done many times, and then they give up and tell me they can not help me. Is there any way to collect money from people who owe you?

Milton James , New York State

A: Yes wives can get money from husband's (and so can the IRS) in ways Landlords can't. They have Special Collection rights.
You can't depend on collecting from tenants after the fact. If You're one of the lucky ones who do, consider it a bonus. The best you can do to protect yourself is have a good lease, sufficient security, and evict fast when non-payment happens.

Dear Mr. Reno:
I live in New Jersey and have a two year lease. I can no longer afford to live there and gave my landlord more than 30 days, in writing, that I would be moving out do to financial difficulties. The lease states that if I break it for no reason, the landlord can keep the security. The landlord told me that she would give me the security back as a favor, now since the deadline is approaching for me to move, she is stating that since she is having a hard time finding someone to rent the place, she can not give my security back, however, this clause is nowhere to be found in the lease, can she keep my security? When I asked her why, she stated that in reality, since I have only lived their for 6 months that she can take me to court for the remainder of the rent owed up to 2 years, can she do that, she accepted my notice.

Ebony Wilcox

A: Yes, I have seen many cases where landlords who verbally agree to return security are bound by that promise in Court.
The problem: she may deny it.
Do you have witnesses? It's your word against hers.
More bad news: You can be liable for the balance of the lease- but only for so long as the unit remains vacant.

Dear Mr. Reno:
I have a condo I've been renting for 9 years and now I'm selling it. The tenant has been trying to get out of the lease for months. I put the unit up for sale earlier than I planned to help the tenant get out early. I have a closing date of 4/30 and the tenant who's been threatening to leave for months is now giving me a hard time about vacating on time. The sale will be in jeopardy if he's not out. He has not even been living there for months now, so it's just a lot of his belongings there. Is an eviction needed when he isn't living there? I told him that if he doesn't clear out that I would consider everything as abandon property. Since he doesn't live there, can I do that?
He is up to date on rent, but owes me hundreds for water and sewer. I know that if he is there past this month I'll never see a dime again in rent. It's been a fight every month so far. He has caused extensive damages that will take nearly the entire security deposit to cover.

Mark Luisi, NJ

A: I get this question at least once a month. Is he or isn't he? ("out", I mean). What has he left? You say "a lot" of his belongings. Sounds like he's not "out". You should start the eviction process. You may not have to finish it, but you should start it.

Dear Mr. Reno:
My question is why does after the tenant has been taken to court for not paying rent, then the court gives the landlord the judgement, then you have to wait till the rit of eviction is given to the sheriff, then does it take another 10 days to get them out? This is in the state of Kansas and it litterly takes almost 30 days to get a tenant out! Do I have the wrong attorney or is this correct? Does the sheriff have to take 10 days or is this just the lazy way out?
Thanks

Kathy

A: In some places it's even worse! In New York City, how's 60-90 days sound? My area is about 30 days, same as yours. It's a multistep process. Also, it varies from year to year based upon administrative back-log. Be patient.

Dear Mr. Reno:
I have a question regarding the military clause in the lease. This is the second time this has happened to me. The tenant decided they couldn't afford the rent after signing a year's lease. They found on base housing.They are not being reassigned. I am charging them a reletting fee, plus they are losing their deposit. Can I do that?

Judy Burrows, El Paso, TX

A: Yes and no. You have a legitimate claim for these fees, but there's a problem with suing soldiers. They have certain immunities to service of process. Maybe you should just keep the security and call it a day.

Dear Mr. Reno:
Mr. Reno my daughter and her husband just bought a house- Closed on April 4th however it is still occupied by the former owners. There is nothing in the closing papers giving them any certain amount of time to vacate the house. They are working with them since they are family but they are making no strides whatsoever to get out of the house so they can move in. Now the 1st mortgage payment is coming due, and my daughther and her husband will pay a payment for something they have not lived in. What are the laws on this in Alabama?
Thanks in advance.

Belinda- Alabama

A: You have to give them a Notice to Vacate, and then evict them in landlord/tenant court (even though they're not really tenants.) In Ny, you could treat them as "squatters" and give them a 10 day Notice. I don't know what they Alabama statute is. (I've heard of 3-day Notices and 30 day Notices.) Also, read the purchase contract- there may be provisions in there about this.

Dear Mr. Reno:
Leases:
I am trying to understand more about annual vs. month-to-month leases. Long term leases (are intended to) ensure full occupancy, but are more restrictive. Month-to-month makes eviction much easier, but is less attractive to tenants. In the default lease for NC, the tenant is in default if they do not pay the amount of rent “herein reserved” when “due hereunder”, allowing the Landlord to terminate the lease for non-payment. What does termination actually do? Can I terminate without eviction, defaulting to a month-to-month so I can change terms, increase rent or evict without cause?

Mitigating liability:
How can I minimize the losses from deadbeats during the eviction process? Can I establish business relationships independent of the L/T laws that govern Landlord/Tenant relationship, like making a “loan” as a private party to tenant that can require collateral or allow seizures, liens or garnishments; enforceable collection recourses not allowed for collecting rent? About evictions: can I raise the rent with notice just before the eviction notice; can I retake physical possession of the premises after eviction is complete even if tenant refuses to vacate; do 30 Day notices refer to a calendar month (30 or 31) or exactly 30 days?
A lesson from the school of hard knocks:
I was recently blind-sided by tenant fraud. This person had clear intent to defraud me for 4-5 months of free rent. I did a lot of online research in L/T laws for legal positions on the subject. I was dumbfounded! I found no terms or clauses addressing entering a lease with deliberate intent to default or breach. Amazingly, intentional fraud doesn’t void a lease and doesn’t release the deceived party from the contract. Adding insult to injury, the perpetrator is completely immune from criminal or civil prosecution while the Landlord is forced through all stages of eviction, each stage ironically established to protect tenant rights.

Fortunately, rental agreements are not subject to L/T laws with only one legal remedy: the biased eviction process. Intentional misrepresentation of qualifications to influence adverse approval is contract fraud, and is prosecuted under contract law; the consequences are more commiserate with the damages inflicted, including punitive damages and possible imprisonment.

Lauren Bragg, North Carolina

A: Comments:* Most leases say you can terminate by giving notice of a default if it's not corrected in a specific number of days. There's no requirement that you evict the person, although that's usually the whole purpose of terminating the lease.
* You already require collateral. It's called "security". And you can garnish and seize, (if there's anything to garnish and seize.)
*A 30 day notice means a full "rental" month- not calender month. (usually they're the same but not always.)

Dear Mr. Reno:
I am involved in a lawsiut with a former tenent. I had a verbal agreement with my tenent that bedroom carpeting could be removed IF she replaced it with carpet of similar color and quality as what was removed. Before my tenant had moved in, I had the carpeting professionally cleaned, as per a verbal agreement with the tenant to be. The carpeting was not replaced, I used the security deposit to replace it. I have receipts to prove that I followed even the verbal agreements made before the lease went into effect, I am hoping that will help my court case.

As a landlord am I allowed to take pictures while doing a periodic inspection to record property condition? I did not itemize all the reasons for keeping the security deposit, and get this to her within the time frame allowed (whatever that is), I did not have all of the information-final costs. However my tenant never replied to my lease renewal notice either. Nor any other notices that I had sent. It seems that I am the one that has to abide by landlord/tenant rules, but not the tenant.

Jillian, NJ

A: You can take pictures (although your tenants will be annoyed by this.) The bottom line is you have the receipts- you should win your law suit. Cheer up!

Dear Mr. Reno:
Dear Mr. Reno:
I am a renter. I have signed a lease with my landlord for one year. My ex-roommate has also signed the lease. Him and I had a verbal agreement that he would be able to leave as long as certain repairs were done. Upon leaving, he damaged my property i.e. Microwave, trashcan. Police report was filed. I went and tried to speak with former roommate regarding lease, and repairs. Former roommate attacked me and another police report filed. Now my question is, I will still be living at the residence and paying the full rent. I would like to sue due to breaking the contract for the remaining 5 months. I want to know if I can do this, or will it be successful? Thanks,

Ben, Nv.

A: Yes you can. It should work. But if you want to sue for 5 mos., you'll have to pay the rent for 5 mos. first. In the meantime, start looking for a new roommate.

Dear Mr. Reno:
I have a judgement against my former tenant for unpayed rent due to breach of lease agreement. He is now suing me for non-refund of deposit. He left the property owing rent, and he knew he did(as stated in court). I contacted him in an effort to stop this, telling him I would offset the judgment (judgement being 1607.00 and his deposit being 300.00). He refused and vowed to sue me. So, here we are now. I still do not believe that I owe him this. Do I have to refund his security deposit if he still owes me money?

Jeanette, Texas

A: This problem commonly arises. Some say security is for damage to property- not rent. The solution, countersue for rent owed. He may have a valid claim; so do you. When the judge calls your case say you have a counterclaim, the Judgments will offset.

Dear Mr. Reno:
I have a duplex with a tenant on one side. Their lease is up for renewal at the end of April. They want to stay. We are in the process of renovating the other side. It will probably take a couple of months. Our plan is to sell both sides as condos but with the market the way it is, I don't know how long it may take. Can I renew the tenants least but also put the apt up for sale as a condo at the same time? We have not told the tenants about our plans yet.

Ginny, Massachusetts

A: Yes, but you have to stress in the new lease your rights of access to show the unit with specifics regarding notice and times of availability; They wont be happy campers.

Dear Mr. Reno:
I have a tenant who stopped payment on security deposit check to pay for a new heater BEFORE i was allowed to repair it for them. Therefore I have NO security deposit. Am I able to break this lease now?

Joel King, Texas.

A: That's quite a start! As to your question: Probably NOT. Read your lease. Does it say you can evict if security doesn't clear? Moral: Don't give possession without cash or certified check.

Dear Mr. Reno:
James is a tenant of a house owned by a private landlord called Sooters pls. He has some mental health problem. He has lived in the dwelling for 2 years. For the past 3 weks James has complained about disrepair. His complaints consist of a faulty central heating system, condensation in the bathroom and kitchen and cracked and broken windows. The landlord has promised to carry out repair works but they have still to start the works. As a protest, James has withheld rent for the past 2 weeks. Yesterday he returned home to discover that the locks had been changed. The landlord left a note informing James that his tenancy has been terminated and that his personal possessions can be collected form its head office. James has applied to the local council for advice and assistance.

*How can be readmitted to the house?
*Has his tenancy been lawfully terminated?
*Does he have security of tenure and (if so) what does it mean?
*What remedies does he have in relation to the disrepairs?
*What duties, if any, are owed under the the homeless legislation?
Cheers,

Helen Adoga -United Kingdom. England

A: Not being a lawyer in England, all I can say is that would never be allowed in this country . (By the way, he already has a lawyer in Eng.) One suggestion: Go to the police. Here, they would escort him back in to the house. It couldn't hurt to ask. There? Who Knows?

Dear Mr. Reno:
I heard some rumors that in Arizona if you have to move for a new job out of state that you have to be let out of your lease without having to pay for the remaining months but you may lose your security deposit. Is any of this true? Also, if this is not true, I have requested several times to have our broken microwave and freezer ice machine fixed and a lock of some sort put on our storage closet outside- all of which I believe relates to the functionality of the apartment as described in our lease. None of this has been done for 7 months now, isn’t this a valid legally binding reason for us to get out of our lease because the owners have violated terms of the lease? Our lease does say we accepted the apartment in as is condition but that maintenance needed for functionality of the apartment would be provided by them. What do you think?

Erin, Arizona

A: First, I've never heard of that law; I'd have to see it to believe it. As for your appliances, you have a legit gripe, but not enough to break the lease.

Published 2008-04-16

Dear Mr. Reno:
I have a tenant who has been habitually late with their rent for the past 6 months. I decided after all the lies and non payment of March's rent it was time to evict. This tenant is month to month since the lease expired. I contacted my attorney and an eviction court date was set. In the mean time this tenant hired an attorney and drafted an agreement that if they paid March and April's rent by April 5th we would stop eviction proceedings. Also in this agreement the 670.00 security deposit was to be returned if the apartment unit was left "broom clean". The tenants attorney delivered a personal check for March 's rent to my attorney's office which was sent to me by April 5th as agreed but no April rent. Because this was a personal check of the tenants and I stopped accepting personal checks due to non sufficient funds in the past, I called the tenants bank to verify if there were funds to cover the past due rent and late fees of 768.00. I was informed that there were not enough funds.

After several phone calls every other day to the tenants bank to see if funds were deposited up to the day before the eviction hearing, I was told there were not enough funds to cover the check. In the meantime, I received a money order for Aprils rent (which was supposed to be received by April 5th along with March's rent per the signed agreement drafted by the tenant's attorney) My question is my attorney called me at the end of the day before the eviction hearing to say he received a money order to cover the NSF check for March rent and not to bother coming to court for the eviction. I said this was fine, but tenant broke the terms of the agreement by not paying both months rent by April 5th with good funds so therefore this is an automatic loss of the security deposit. My attorney told me I was being "petty and nit picky" and he had to deal with these people! I told him I disagreed with him and who exactly is he working for the tenant or me his client! His answer was the court would decide on the side of the tenant. Am I in error to expect to keep the security deposit?

Landlord Kathleen, Cincinnati Ohio

A: If you feel that strongly about it, keep it. You may end up in small claims, and this will be a "toss up" case because a judge will decide if this technical violtion of the agreement is a "material" breach . It's 50/50.

Dear Mr. Reno:
I found a 2 bedroom home for rent on craigslist. The current tenant living there is in a one year lease and wanted out. I had a roommate lined up and put the deposit of $850 down without signing. My roommate backed out on me and I am unable to find another. I cannot afford to live there by myself so I backed out as well. Am I by law able to get my deposit back? Am I, by verbal agreement liable to the rest of his lease? As a nice gesture I wrote the current tenant I told him if any of my deposit were to be exhausted during the process of finding a new tenant “it is what it is”. Do I have to stand by this statement? Thank you.

Jacob Stookey

A: I wouldn't worry about being sued for the lease, with nothing in writing, but your downpayment is probably lost, because you backed out. That's the whole point of the deposit. If you want, go to small claims court. I've been wrong before.

Dear Mr. Reno:
Dear Mr. Reno:
We went into mediation, and agreed to accept 50% of what the previous renter owed us. She was give three months to pay this. She hasn't. I was told to put a Judgement against her, but wa also told that I can not touch her disability check, trust fund money nor wages. She has no car, so is there some way I can collect what she owes me. The previous owner rented to her.

I have a renter I rented the same apartment , and she left a month early, and gave me no notice.
Is it true that someone can break a year's lease with a 30 day written notice? The day the washing machine broke down, I bought a new one. I try to be very good to my renters, but this does not mean anything to the previous two renters. I have a specific, and definite rental agreement. Is it worth the cost of trying to go after people who have no moral compass?
Sincerely,

Terrie McDaniel

A: A 30 day notice does not justify breaking a lease. Rerent the premises. You can sue for all the vacant months. But are you throwing good money after bad? Is it worth it? I think paragraph "1" of your question contains the answer to the question raised in paragraph "2".

Dear Mr. Reno:
I have several tenants that have been with me for many years, but I also have a couple that always pays late and has been struggling financially for quite some time and I have let rent increases slide now for some time. We all know the economic problems we are now all experiencing but with maintenance costs soaring; I wonder," is this really a good time to be raising rents on these people"?

Donnie E. Stanfill

A: Well that's the age old question, that only you can answer. Whether to increase the rent or not and how much. It depends on the particular facts of each situation. You sound like you have a good grasp on the situation. I'm sure you'll make the right call.

Dear Mr. Reno:
I have a brownstone from 1872 that is multiple dwelling and it has seven tenants. It has wooden stairs in the hallway with carpeting in the hallway. The FDNY says that I haveto remove it. Can a company put fire retardant on it? The carpeting looks nicer and helps eliminate noise. Thank you,

Wallace Jordan

A: Don't know. If the FDNY wants you to remove it, and you want to treat it instead, you'll have to ask them.

Dear Mr. Reno:
I am in the final stages of purchasing a home with a short sale, there is still a tenant living there. Contract says the bank must evict the tenant. The first attorney filed eviction notice but never followed thru, now new attorney is reviewing the file to see how fast could eviction take place. Is the eviction notice still valid, or will they have to start from scratch. -

Vicky, Florida

A: It is still valid.

Dear Mr. Reno:
I placed a security deposit in a trust fund about 2 years ago that I received from the tenant’s parents. The receipts and the trust account are in the parent’s name. The parents agreed to a month to month verbal agreement – so they never signed any papers. The tenant lived in another state and the parents were taking care of all the arrangements and paying the cost to have their son come back home. The tenant took over rent payments when he arrived. The tenant states he should receive remaining security deposit after deductions for repairs. Shouldn’t the person who paid, has their name on the trust account and received a written receipt be given the money? I think it should be the parents decision and plus I would feel better knowing I did the right thing.

A: It's probably the tenant's money, because it was given on his behalf, but I wouldn't get involved in this family squabble. Make the check payable to all three and send it to the parents. Let them figure it out.

Dear Mr. Reno:
I am a real estate investor in Sebastian Florida. Is it legal to publish the name of a tenant who doesn't pay rent? I know that saying a tenant doesn't pay rent is a broad statement and could mean a lot of things. Is there any situation that the name and possibly other information about a tenant who does not pay could be published?
Thank you for your help.

Jeff Stepanek

A: It is legal, but that doesn't mean you wont be sued for slander. Fear not: "The truth, is an absolute defense" to such a suit.

Dear Mr. Reno:
I have a home that I was renting out and plan on moving back in on May 31st. I told the tenants of my intent to not renew their lease after the ending date (May 31st) on Labor Day (several months earlier).

I would like to know if I am legally able to decide by what time I would like the tenants move out if this time is given to them in writing 30 days in advance. I did not write this "time" on the lease extension that we signed in June of last year; however, it "may" have stated in the previous lease from the first year of rental.

Specifically, I told them that the lease ends at noon (12pm) on Saturday, May 31st 2008 and that they must vacate by that time and date.
Thanks for your help.

Kimberly Lester, TN

A: You're kidding, right?

Dear Mr. Reno:
I have tenants on a property that share a meter. 2 separate dwellings. The bills were unusually high because of a water leak, which has since been fixed. Their Gas bill was very high because they ran the heat all day and night.

I told the house tenants that they could skip rent this month in order to catch up on the bills which are in their name. They deliberately turned off the power and water so now the tenant upstairs is without all weekend. A vindictive act if you ask me.
My question is, what recourse do I have now? Can I evict? It was a verbal arrangement between us, so there is nothing in writing. Can I evict now for non-payment of rent?
Thank you,

Kam Leggett, SC

A: You're bound by your promise, even though its verbal. Unless you'll deny you said it, and then it is a question "of fact" for the judge to rule on. How good of a liar are you?

Dear Mr. Reno:
I am renting a house and found out that there is a federal lien on the house. How does that affect my lease?

Chuck Davis, Jamaica New York

A: That's not your problem- its the landlord's. Unless its such a huge lien that the gov. will seize the house, which is rare.

Dear Mr. Reno:
I have a problematic tenant who holds a two year lease. the tenant needed repairs which were done in a timely manner, however the tenant requested half months rent credit. This was not agreeable to me. The tenant took me to small claims court and the judge awared her two partial days. I do not trust this person and feel very uncomfortable with her. Is there a way of terminating the lease early? The property is rent control in Los Angeles California.

A: No, that's the whole point of a lease. It's a contract. She only won two days! Get over it.

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