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 2008-04-16

Dear Mr. Reno:
Living in Suffolk County, New York what is the procedure for room rentals for non payment. Do you have to service papers prior to the first of the month 30 days prior. Thanks,.

Diane

A: The Notice to Vacate is still 30 days, but if the rent is paid weekly or daily you don't need to serve before the 1st as long as you give 30 days notice

Dear Mr. Reno:
I inherited tenants that passed their l year lease,they paid one mo. SD and last mo. rent.which I received at closing.

The old LL didn't give them their interest for the year and I don't know if I have to give it to them. I'm also not sure if the last mo. rent is considered a SD by the law, if it is ,I read that I need to give that back to them.Please help. -

Anny Wilhelm in Pa.

A: If they're current on the rent- and if they left when they were suppose to leave, with no damage, then I guess you have no cause to keep their security deposit or last month. I wouldn't worry about interest.
See LPA Landlord Tenant Law for PA Security Deposit Law at http://www.thelpa.com/lpa/lllaw.html

Dear Mr. Reno:
my question is, even if i am being evicted since my son is still in school do i have grounds to stay so he can finish the year that ends on june 4,2008 or so?

nancy loggins

A: You might get that long if your current, but not if your rent is unpaid.

Dear Mr. Reno:
Can you please let me know of the step by step how to process an a eviction? client is not paying their second month rent, moved to one of my houses in march and already not paying the rent, I posted a notice of charges due on their door but they are still not paying the rent.

Eitan from San Antonio, TX

A: The specific process varies from place to place. I don't know the exact process in your area. For starters, you have to figure out what Court. Then talk to the clerk. They'll point you in the right direction.

Dear Mr. Reno:
I have a tenant that is always late with his rent and we would like to sell the house to get out from under the headaches. What is our legal recourse to get them out so we sell the home?

Deborah Kelly, NY

A: If they're current with rent, you can't evict for non-payment, so you'll have to give a 30 day notice. But if they have a lease, all bets are off, until it expires.

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.

A:

Vicky, florida

A: The notice is still good.

Dear Mr. Reno:
I live in Arizona, and wanted to take a tenant to cout for leaving without paying the last month's rent. I have been told by the clerk, that I had to go throught Mediation before I could go to court. Why should I have to meet someone half way, when it is my 1/2 of the money they are taking?

Kathering Suter

A: Just because they make you go through mediation, doesn't mean you have to settle. It's up to you. Some people want to avoid the hassle and expense of a trial. Other stick to their guns. The choice is yours.

Dear Mr. Reno:
My friend's house was bought by someone through one of those mortgage scams (without her knowledge). The Bronx Court denied the stay and the family was locked out by the marshalls this evening in front of her 8 year old son (who is devastated). What rights do they have if any and what's the first course of action they should take on Monday morning. We live in New York. -

Nicole (NY)

A: I can't tell from your question if they have a lawyer. If not, the first order of business is hiring a good Bronx real estate lawyer. If they already have one, they'll get their house back. The question is, how soon? Sometimes the wheels of justice grind a little to slowly, unfortunately. Let the process run its course.

Dear Mr. Reno:
Question: I leased optioned my home with 8K down. a sprinkler broke while the house was vacant and and now some mold is growing in the crawlspace on one side of the house under the insulation. I agreed to have the mold fixed. The buyer who is a contractor agreed to repair the mold himself since it was not that bad, my realtor did not get that in writing from him (stupid I know). Now several months later they have stopped paying rent and the buyer says he is too busy now to fix the problem and wants it fixed. I agreed to fix it, now they want out completely with all their option money back. Since they are behind 3K in rent now would they be entitled to the whole 8K back that they put up for down payment?

Kim, Idaho

A: You can deduct it, because if they sue you for it you'll counterclaim on the rent. They might get an adjustment on the rent due fir the mold, depending on what they can prove.

Published 2008-04-07

Dear Mr. Reno:
Shouldn't I be able to file a eviction summons with the court as Power of attorney? The clerk is telling me I cannot represent another person in court even with the power of attorney. My father is close to death and hospitalized and has signed over poa to me. I dont understand. The court insists that I have an attorney sign the summons. The Notice to quit has been served by the sheriff and time has expired. There is a couple in his house renting a room on a weekly basis and hasnt paid any rent for close to a year. thank you

Wes Duchesneau, CT

A: You should be able to do it as long as the power of attorney specifies that it can be used in litigation. I've seen it done. Unfortunately, it seems to vary from Court to Court. Usually I advise people to ask the Court clerk if they'll allow it, so in your case, you already have your answer. Oh well, sometimes you "can't fight city hall."

Dear Mr. Reno:
Tenants moved in on January 20, 2008. In March Tenant called me and said he had a question for me. I decided to go by and check on him. When I went over to the rental he was angry stating that I have not returned his calls so he hired someone to do a home inspection and found that the rental had mold. When I went over to the rental unit Mr. Bridges was angry saying that I have mistreated them and not returning his call.Said that there was mold in the home. I asked him if I could come in and he would not let me. I told him if there is a leak we need to get it fix and if there a moisture in the air we need to get a dehumifier over there he did not comment he said that I would be receiving a certified papers in the mail tomorrow. The message he left on my cell phone was that he had a question for me that was it nothing about a home inspecting or mold. I called Home premier to have them look at the rental and they did a mold test on the rental. Mr. Bridges was there and allowed me to come in. I have not received any results from the individual who did the mold testing. My husband went over there and talk to the tenants and allowed him in the rental. Inwhich my husband gave him is deposit back....I could not believe that.

Denise Okolichany Lake Park Georgia.

A: I hope you mean BEFOREthe end of the 11th month. No, You don't have to give them a reason, but why dont you? Is it a secret?

Dear Mr. Reno:
I know you wanted the question to be short, im sorry its soooo long. Question: I signed a 3 month lease for this duplex (we live on the 1st floor and other people live on the 2nd) On feb. 23rd. About a week after moving in the landlord found out I have a 3 lb maltese dog (which i know i should not have, because there is a no pet policy). He found out about it because he came into out apartment without giving us any notice (we should have 24 hrs notice according to the lease) he was not even trying to admit that he entered the apt with out knowledge. So at this point he told me to get rid of the dog. Which I did. From day one we always had problems with the people upstairs because they were loud and stayed up all night. My roommate and I are in medical school, so we study alot. We complained to the landlord numerous times and he did nothing to help us. We were stressing out because we have national boards to be taking and we couldnt even sleep in our apartment. So I go mad an brought the dog back. He called yesterday and said he saw me walking the dog a week ago. Since we are still having problems with the noise, we asked if we could meet to talk about things. He came over that evening. Once I opened the door he just started yelling, he said give me the rent check. I asked if we could talk about the situations and he said NO. So i stated that I was not going to hand him the check then. So he started yelling and making rude, belittling comments. I told him how we have boards and thats our main priority, he she he has taken much harder tests in his life time and we are not going to pass it anyway so why bother studying. He made numerous inappropriate and immature comments. Basically at this point he told me to remove the dog. I completley understand I am in the wrong for having this dog here. Soooo... the point of all this.... I read the lease, it says how a written notice must be given... which I never received. Really I just want to make him mad for the comments he made (because I didnt stand up for myself at all when he was yelling at us). I want to know if I keep the dog here, can he still jump to giving me the eviction notice without giving me the written notice about the lease violation. The lease agreement says that I have 5 days to correct the problem after recieving the notice. Thank you so much for taking the time to read this.

Amy Pennsylvania

A: You are correct. Before an eviction on a violation, most leases require a notice and an opportunity to "cure" the violation. That's why pet evictions are hard for the landlord. You have a major personality clash here. Have you thought about asking the landlord to allow you out of the lease? Your dislike of him seems mutual.

Dear Mr. Reno:
I have a no-pet policy and even state that on my application. I had a tenant meet the criteria for tenancy (ability to pay, no prior evictions, etc) and told her she was approved. It wasn’t until she came to sign the lease that she presented me with a doctors prescription for a “therapy” dog to treat her depression. I had to rent her the apartment with the dog based on the Fair Housing Act. I signed a lease with her and included a Pet Agreement rider to the lease stating the regulations she was to follow with the dog, cleaning up after it, excessive barking, etc. She has been in the apartment for two days and I have already gotten a complaint on the dog’s non-stop barking when she has left him in the apartment unattended. I am about to lose a 5 year tenant because of it. How many complaints do I need before I can terminate the Pet Agreement portion of her lease.

Kathy McAuliffe, Minnesota

A: You are stuck (in the dog house). You will be hard pressed to evict this person after having allowed the dog. You can try. Serve a Notice of Default for the noise. In eviction court, the tenant will dispute it. How do you prove it's too noisy? Will you tell the judge you didn't expect the dog to bark? You can bring in other tenants as your witnesses. And on top of everything else, she has a medical excuse. I'm not saying the eviction is impossible, all I'm saying is, "good luck with that."

Dear Mr. Reno:
I have a home that I went Month to Month with no lease agreement. I have rented to several tenants with no prior problems. It is an older home and I have remodeled several features of the home which include – new tub/shower, cabinets in bathroom and kitchen, hard tile in the kitchen, new carpet, new windows downstairs, etc. This has transpired over a course of about 6-7 years. This is the first tenant which I agreed could have a pet and was assured that the pet had been house trained. I noticed that there was feces and urine in the kitchen and have noticed some spots on the carpet. The house itself is a total mess and smells. What are my rights to get rid of the dog? There is also other damages which can be taken care of with the security deposit but I am afraid the carpet will need to be replaced. Since there is no lease agreement can the tenants be evicted for neglect and damages to the home?

Fidler, North Carolina

A: It's hard, if not impossible, to evict for a pet unless the lease specifies it, and even then there's problems, but the good news for you is it's a month to month. There's your answer. You don't need a reason to terminate, just terminate.

Dear Mr. Reno:
I share an apartment with two other roommates. One is a Major in the Air Force who left without paying the last three months rent ($1,050) according to his signed Roommate Agreement. I've been told since he works part-time, the Air Force cannot help me and since he works part-time, I must deal with legal action against him where he lives (Brewster, Ma.) It seems he cannot be held accountable while on active duty. Do you or any attorney you know work out of both states? He has put me at great risk with my landlord since I'm responsible and I'm concerned about this not only because it's my apartment, but I have a non-profit office in the same building. Please advise ASAP. Many thanks! .

Donna Alfano from NYS

A: You don't need an attorney that works in 2 states. Only the state you're suing in. So if you have to sue him in MA, then call the MA State bar for an attorney referral.

Dear Mr. Reno:
1) I had a tenant break a clause in in her 12-month lease. A letter was sent requesting her to fix the problem in 5 days. After 5 days and no remedy, I proceeded to give her a 3-day notice to vacate or be evicted. She left on the third day. Since she violated the terms of the lease but left without being evicted, is she entitled to her security deposit? 2) Another landlord I know mentioned that when a tenant of his violate terms of their lease, he tells them he will give them back the security deposit if they move out. He does this to make sure they don't damage the property and save him from going through the eviction process. Is he obligated to pay it? Is this a verbal contract? Thank you!

Chuck- Rochester, NY

A: You can keep the security. If the tenant sues for it, you can counterclaim for loss of rent due to the breaking the lease. As for your friend, he is bound by a verbal agreement to give back security, (unless he's planning to lie about it- and then is depends on who the Judge believes.)

Dear Mr. Reno:
I have tenants who have just moved out, and there are pet stains that the carpet cleaner says won't come out. Also, they had a cat in the house and did not tell me. the cat was not on the lease. What can I charge them for these two things? Do they forfeit their deposit for breaking the terms of the lease? This is in California.

Donna Buys, CA

A: Security is generally limited to "out of pocket" expenses for repairs and some necessary renovations. Are you going to replace the carpet? If so, you can deduct. If not, you can't so there's your decision.

Dear Mr. Reno:
My tenant recently vacated my single family rental home on month 12 of a 24 month lease. Since the lease has been breached, and I have twice served them (demand) notices, can I collect the remaining 12 months rent payments? The Justice Court only offers a Complaint for Forcible Detainer which states and assumes that the tenant is still in possession of the property, but does include a section for "failed to pay rent on the premises, pursuant to the lease contract". Can I use this form, and the eviction court, to collect unpaid rent or do I have to file in small claims court? The lease indemnifies me for the all rent due. Thank you very much for your reply. Sincerely,

Dayna F. Closser, San Antonio, Texas

A: I believe you are small claims court bound. Usually, the eviction court only has jurisdiction when the tenants are in possession. Sometimes the tenant leaves during the proceeding, which is OK, but the have to at least be there when you start. That's why they form assume they are in possession.

Dear Mr. Reno:
One month ago I had a couple sign a two year lease and give me a security deposit. Their move in date is April 1st. I got an email on Easter Sunday saying they were backing out because they had met with the current tenants and they said there was water in the basement. The current tenants have NEVER said ONE word to me to indicate this nor have I seen any evidence. They had a long list of complaints-at least one of which is being attended to this week (roof repair), and my understanding is that I don't have to have anything done until the 1st. They have been "hanging out" at the property asking questions of the current tenants, who find them wierd. The guy keeps threatening me (court) because he wants his secuirty deposit back! This is a HUGE crisis for me and I lost a full month when I had lots of applicants. (I should have taken a back up contract but no one would wait until 7 days before the commencement of the lease period) It seems this guy should be liable for the full term of the lease but he doesnt' think so. I am in the process of trying to rerent but certainly I will lose at least one months rent. (hhis security deposit). It adds "insult to injury" that this guy ruined my families easter and now continues to make demands and harass me wanting his money that he isn't entitlted to. How can he base a court case on a third party's supposed gossip (the current tenants say they never said these things) The guy says he has some emails from current tenants.

Jan Falk, Virginia

A: Your main objective right now is finding new tenants. Worry about this nutcase later. He has no leg to stand on. But you need to rerent before you can sue for the lease. Also- Keep the security.

Dear Mr. Reno:
We have a home in Maine we rented out to a person who signed a lease from October 2007- October 2008. Back in the end of February 2008 the tenant stated they might move out after spring. March rolled around and on March 3th we called because we had not received their rent. Tenant claimed because February was a short month they forgot about mailing the rent. Received rent for March on March 6th. The next week spoke to tenant and they stated they would be moving out end of April 2008. They never send us anything in writing about moving out. They broke their lease. March 15th we received a call from neighbors that the tenants had a moving van and left. We called the tenant and they stated that they had to move and since we had their last months rent they were paid till the end of April. We called and stated we would be going up to the home to inspect it because it is on the market and needs to be shown. Upon arriving at the home we noticed there was very little oil in the tank, the house had been left in a mess. Fecal matter all over bathroom floor and in bath tub. They had changed vanity lights in the bathroom, changed the hot water heater, changed ceiling fans, left a junk vehicle in the yard and filled the barn with trash. They also left some of their belongings. In the lease it clearly states the home needs to be heated. There is no oil in the tank and it is cold. They already froze the water pipes once. Seeing how they paid April's rent and we have their security deposit can they just leave the house abandoned and say they are still renting it? What are our obligations? I have taken two days off to clean so the realtor could show to prospective buyers. Have they broken the lease? What is our recourse? They are threatening with legal action. Thanks!

Maine

A: The question is, whether or not it is reasonable to conclude under all the circumstances that they have "abandoned" the premises. What did they leave? My opinion is, if their clothes and their valuables are gone, then they have left. If that's the case, clean it up and rerent it. If you're not sure, then the only safe course is to evict them legally through Court. It's a common dilemma.

Dear Mr. Reno:
Sir, i am renting a house in Tracy, Ca.. The owner has stopped payment since November of 2007. I have been paying my rent as promised but recently i have received the notice on his name that he's late on his payment and the house might go for fort closer. He was suppose to let us know but he never did. He is collecting money from me but not paying the bank. it's a great hassle for me. i came to know from my relater that he's late and she told me not to pay him from now. Please guide me in the right way. He's lying to me all the time. i will be having lots of problems so i am trying to find a place to move out before situation gets worse. Should i still pay him. Please help me with this situation.

danny singh

A: It is true that this landlord may be losing the home to the bank. The problem is, until the foreclosure sale, he is still the owner, and he can still evict you for non-payment, so beware.

Published 2008-03-30

Dear Mr. Reno:
I was late on giving my 60day notice to vacate on April 30th. I was 20 days late and now my Landlord wants to change me $520.00 and we are not able to live there after April 30th. Can they do that? It doesnt seem fair. I first thought it was a 30 day notice but learned it was a 60 day notice. It doesnt make sense that I have to pay and cant live there.

Thanks! Joanna

A: It sounds like you didn't read the "fine print." Usually, the notice is 30 days, but you say you learned it was "60"- are you talking about the lease? If so, you're bound by it.

Dear Mr. Reno:
Tenants moved in on January 20, 2008. In March Tenant called me and said he had a question for me. I decided to go by and check on him. When I went over to the rental he was angry stating that I have not returned his calls so he hired someone to do a home inspection and found that the rental had mold. When I went over to the rental unit Mr. Bridges was angry saying that I have mistreated them and not returning his call.Said that there was mold in the home. I asked him if I could come in and he would not let me. I told him if there is a leak we need to get it fix and if there a moisture in the air we need to get a dehumifier over there he did not comment he said that I would be receiving a certified papers in the mail tomorrow. The message he left on my cell phone was that he had a question for me that was it nothing about a home inspecting or mold. I called Home premier to have them look at the rental and they did a mold test on the rental. Mr. Bridges was there and allowed me to come in. I have not received any results from the individual who did the mold testing. My husband went over there and talk to the tenants and allowed him in the rental. Inwhich my husband gave him is deposit back....I could not believe that.

Denise Okolichany

A: It's just as well. This tenant was bad news from day one.

Dear Mr. Reno:
We are a property management company in the State of Texas. We manage primarily commercial retail property, and recently added office condo associations. As such we have a management agreement and collect management fees accordingly. Recently, the decision was made by a member of the company to collect management fees on the receipt of security deposits. Although, I have no written proof of this being illegal, I really feel that it should not be done based on the nature of the intent of a security deposit. Can you provide information to me – legal or persuasive, that I can use to support my position to reverse this policy and limit the management company’s liability? Regards,

Tammy F. Taylor, Director of Property Management, Dallas, Texas

A: Your responsibility with regard to the security deposit depends on whether you rent multiple dwellings under the law. In NY, for example, more than six units and you need to place the security in an interest bearing account. So in that situation, you could not deduct management fees from the security. I'm not sure what the Texas law is. You need to find out the statute regarding interest on security deposits. If you need to collect interest, than you can't be deducting. One final note, it may be possible to bypass the law by a specific clause in the lease that allows it. Is that how they're doing it?

Dear Mr. Reno:
I had a tenant evicted for not paying rent and they left three junky couches, vacuum cleaner, a kitchen table, broken washing machine, microwave and broken toys. they moved out without telling me a new address. I have a judgement agaist them for 2100.00 dollars. can I take the stuff they left behind to the landfill or do I need to store it? Thanks a bunch.

John

A: I would consider these items "abandoned". Feel free to dump.

Dear Mr. Reno:
I am renting a property from my employer and have fallen back on the oil bill since they have set it up for automatic delivery. i expressed that i could not afford automatic deovery and took the steps to seek help from meap. i received a letter in my in box on 2/29/08 stating "200 dollars will be deducted from my pay if another delivery was received please prepay. there were no more automatic deliveries since 2/29/08 and 200 dollars was garnished from my pay on 3/20/08. is this legal? I was also granted $910 from meap going directly to the oil company.

angela, maryland

A: It sounds like an over zealous landlord, but I have one question: Does the lease authorize this? If it's not in there, then they can't force you to have automatic delivery.

Published 2008-03-22

Dear Mr. Reno:
I am subleasing an office on the ground floor of my rental house with approval of the property owner (mixed use building). The tenant signed a 6-month lease and gave me first month's rent and security deposit when she moved in Feb 1st. She gave notice March 4th to move out April 1. She cited two issues: -- She insists that because the owner has responsibilties for her area, they must sign the lease; she was told before signing the sublease that the owner would not be signing the sublease, -- She claims that there is mold in the office The owners have been responsive and are sending over an environmental consultant to check the property tomorrow. As the sub-lessor, I have 3 questions: 1) Can I hold her to her 6-month lease in small claims court? 2) If I haven't been able to find another sub-lessee by April 1st, can I keep her security deposit? 3) As the sub lessor, am I exposed to a potential lawsuit by being in the middle of all this? Thanks very much for your help.

Alisa Armstrong, California

A: 1) Yes you can. 2) Probably. Refer to your lease. (Sometimes leases limit security to offset damages.) 3) Probably not, in the sense that if your tenants are law suit happy, they sometimes sue everyone in sight. Not to worry, I don't see any liability on your part.

Dear Mr. Reno:
My tenant in TX left without notice, owes me rent and trashed and damaged the property. I was selling the property so I did not want to bother collecting until the house is sold. I took pictures of the house after I got the keys. Can I charge clean up and damages on the property on my security settlement? Thank you,

Theresa

A: Yes, but only for your "out of pocket" expenses (you'll need receipts.) You usually can't charge for your labor in the clean up.

Dear Mr. Reno:
I have a tenant with a current lease, who has allowed a room mate to move in with him. The room-mate is under medication and often over medicates himself, causing erratic and potentially dangerous behavior. He is a threat to himself and his neighbors. In addition, he is receiving home oxygen and constantly smokes near the oxygen. He has burned 30 holes in the carpet where he sits and smokes next to the oxygen tanks. He has lived there 3 years and his condition worsens. I would like to evict the room-mate Can I evict him and how do I pursue this action. Thank You for your help,

Leon T.

A: First of all, if you can evict, you'll have to evict them both. Second, its hard for a landlord to break a lease (which is what you must do). Follow the default provision of the lease. Usually there's a section for giving a notice of default. But you'll have to prove a violation of the lease in Court. Can you?

Dear Mr. Reno:
Hi, I own an industrial building and I want to sell it. The problem is I have 2 tenants whose leases don’t expire for another 2 years. If a find a buyer willing to buy the building with the existing leases in place, that’s great. Unfortunately, that may not happen and they may want it vacant. If that’s the case how do I cancel the leases? Currently the leases have no cancelation provisions. I’ve been told I would need to give notice and then I could buy out the remaining months on the leases. This would be very expensive. I could give them plenty of notice but I’m not sure of what else I need to do. Thanks

Jim- NYC

A: You are stuck! You have no right to unilaterally cancel a lease. That's the whole point of the lease. You already know your 2 options: Either find a buyer who will accept the leases, or buy out the tenants.

Dear Mr. Reno:
What is the procedure to legalize a basement for potential rental, in time and cost? Thank you.

victor

A: Varies place to place. In my area, you can't legalize a basement at all. They say it's a fire hazard. You may also have this problem.

Dear Mr. Reno:
I have a tenant that signed a month to month rental agreement, the tenant is always late, what is my first step to start eviction proceedings? Thank you

Rene from California.

A: You have to serve a notice to terminate the rental. In NY, it's one month (one full rental month) so if you want the tenant out May 1st, you must serve before April 1.

Dear Mr. Reno:
My tenant moved in the apartment in September. He paid one month security ($425.00) and signed lease to pay $425 monthly rent on the first of each month. He has since paid $380. on October 16th, $220. on December 10th, and $120. on January 22nd of this year. He is and has been in jail on illegal drug charges since February 6th. He is now owes me $1,830. Can I have him evicted and can I hold the security deposit as one month's rent since he violated his lease agreement? Thank you for your reply. Louise

J, Philadelphia, PA

A: Yes you can! What are you waiting?

Published 2008-03-18

Dear Mr. Reno:
Hello, I have a tenant that paid me a security deposit and the first month's rent by personal check. I cashed the first month's check immediately and it went through. However, her security deposit didn't. When the check was returned to me for insufficient funds, I spoke with her about it and she sent me a copy of her account balance showing she had the available money but they had a hold on some of it. It all seemed perfectly understandable. In fact, a few days later, she sent me a certified bank check for the available amount ($1200). It's now been over a month and I've asked her to send me the remainder. Of coures, now, she's completely avoiding my emails and phone calls. For the month of March, she paid her rent with a personal check, and it seems that it may bounce, since they just now put a hold on it in my account... I can only assume they tried to cash it and it didn't clear. I'm not sure how I should proceed. I've prepared a "demand for payment notice" regarding the security deposit, and if the rent check does indeed bounce, I plan on immediately sending her a failure to pay rent notice. If I'm not mistaken, it can be a felony in Maryland to write bad checks, so I'm not sure what would be the best route for me to pursue. Should I try to evict based on breach of contract for the security deposit? If so, would you have any suggestions on how I should begin that process. Or should I see if the rent check actually clears and pursue that? Any help in the matter would be greatly appreciated. Respectfully,

Danny A., Maryland

A: In most jurisdictions it's a misdemeanor to write a check on insufficient funds. The police (when they are in the mood to be helpful) can get these funds paid because when the person is criminally charged, the D.A. makes them make good on the check to get the charges reduced or dismissed. So go for it.

Dear Mr. Reno:
I have never been in court before this evection. I was very very very very nervous. I spoke out of turn on one occasion to defend a untrue comment and was told to "SHUT UP". I was trying to defend myself as a landlord in an evection and a 540 case. I won the evection but was not allowed to respond again on the 540 and it was rules in the tenants favor. I am just asking this question because I am a professional and I did not expect to be spoken to in that manor. I think a judge could have used a different approach. Or chose her words more wisely.

Maria, New Hampshire

A: They're meaner! I think some of them are trying to act like the Judges on TV, who are also rude and inconsiderate. It's all part of the coarsening of our culture, and is very sad indeed.

Dear Mr. Reno:
My renter moved out without paying her last month's rent. The previous owner had rented to her with a poorly written lease. All of the cleaning and Security fees were used to get the apartment ready for a new renter. I filed a notice in justice court. They told methat I could not take her directly to court, but had to go through Mediation. Frustrated, I agreed to accept 1/2 of what she owed, as my sister could not take the strain. She agreed to pay the balance in 90 days. It is overdue, and now I find out that I have a stack of papers to complete to take her to court. I will NEVER again agree to Mediation. What should I have done? Just attend the Mediation, and not agree to accept anything less than she owed? Sincerely,

Terrie McDaniel, Arizona

A: You could have done that. Or maybe you could have agreed, in the spirit of compromise to knock to knock off 10% or a quarter (25%) Your only mistake was you were too generous.

Dear Mr. Reno:
I am a Florida landlord who has a tenant who is behind on his rent. I have started the process of eviction which I am at the point of waiting for the process server to post the writ. Included in the rent is water,electric, and satellite TV. I know that I can not discontinue the water or electric but I would like to know if I can collect the satellite receiver and remote prior to his departure to prevent this equipment from being stolen. Your wisdom in this matter will be greatly appreciated.

Joe Silva, Jacksonville Fl.

A: This sounds like a 911 call waiting to happen. And when the police arrive, you have a better chance of being arrested than the tenant. Does that answer your question?

Published 2008-03-13

Dear Mr. Reno:
:I took over managing our rental properties from a professional management company. Found out that some tenants keep on paying after the first of the month, one after the 5th. Our lease states “Tenant further agrees to pay a late fee of $25.00 per day if rent is paid after the 1st…and an additional $75.00 after the 5th.” Can I send a late payment notice and mention that I will deduct late fees from their deposit? How successful are the letters “Notice of late charges due”? Thank you.

Fatima Munekata, South Carolina

A: You're allowed to charge late fees as long as it's in your lease. Some Judges will put limits, if they think it's excessive. I would say as a rule of thumb, more than 10% of the monthly rent is excessive. I've seen some judges give the "thumbs down" to anything over 5%.

Dear Mr. Reno:
I made a $10 error in my banking and bounced a check to my landlord. I informed her immediately, before the check had hit my bank and went and deposited the money that same day. The check still hit that day and was returned. I gave my landlord another check and it cleared. She has not asked me for late fees or the NSF charge. She is asking for $700 in fees that she has due to bouncing checks herself because of my check. There is nothing in the lease about this that I can see. Do I have to pay her bank fees?

Mindy, CO

A: No, you don't have to, but neither does the landlord have to renew your lease- maybe you should make an offer

Dear Mr. Reno:
I would like to conduct a periodic inspection on one of the units in my house. Do I need to provide the tenant with at least 24 hours notice or can I just pop up at the door to do this inspection? -

K.B. NY

A: Contrary to popular belief, the landlord has no right under New York law to access to the premises, unless its in a lease which is one reason a lease is important. Without a clause in the lease allowing inspections, the tenant can literally slam the door on your face. (And some have!)

Dear Mr. Reno:
I have a 4 unit bulding in Canstota NY. I have a tennent who broke the lease she is claiming it is because of mold. She sent me a letter stating there was mold and the problem was not fixed to her statification and that Her son has asthma with a productive cough. She included a Doctors not that stated her son has asthma and cannot be subjected to mold. There was a leak in ceiling in kitchen which she claims it came from. The contracter fix the leak and removed all the wet sheet rock and replaced the top of the cabinet which was wet. That was a month ago. Everything is fine. She moved out and wants her secruity deposit back. The contractor said there is no mold. We are also. selling the place. Today the appraiser came to appraise the property and said the apartment was fine. The tennet call me this moring threating me that she was going to call the buyer and tell him not to buy. He is aware of her alligations she told everyone who came to see the apartment. She scared off some buyers. She also threaten me that she was going to call the health department. What should I do. It has cost me to advertise and to have someone show the apartment not to mention the loss of income. Thanks

Julie

A: Everyone seems to be complaining about the mold these days. Well, for starters, it sounds like she broke the lease, so I think you're Ok with the security. If she sues for it, a judge will have to decide if she was justified. I think you'll win because you took all steps within your power to correct the problem. Regarding her statements, however, you're on shaky ground. It's a freedom of speech thing. I don't think you can do anything to get her to shut her trap.

Dear Mr. Reno:
I have a tenant who did not have full payment 10/12 times for the year 2007. Up to February 29, 2008 cumulatively the tenant owes me $2793. I filed complaint this January and sent notice to the tenant. The tenant moved out around February 20 but left some furnature inside the property. The tenant did not pay February rent at all. I have security deposit that can cover one month payment ($1700). I have left many phone message to the tenant to ask her to remove her belongs she never replys. The tenant essentially abandon the property. The lease agreement clearly states that if the tenant abandons the property I have options to move her property out and rent to a new tenant. However, the property locates in Washington, DC, I am not sure if I can go ahead to excercise options. If I do, will I have risk facing my tenant law suit against me? I want to file compalint for possession of the property. To do so I have to hire a professional process server to serve my tenant. The problem is that my tenant ran away so nobody can reach her. And it would take months to process. Is there a quick way for me to get my property back legally? Sincerely,

Jeff - Washington, DC

A: You don't need to find the tenant- you can serve them at the house even if they're gone. Just make sure you use a process server that is familiar with L/T actions. He'll know what to do.

Dear Mr. Reno:
I was curious about a situation…. With all the foreclosures happening these days, if I found a pre-foreclosure deal, and wrote a contract with the current owner, to lease their property for something like 200 a month with permission in the lease to sublease the property, would the bank be bound to the lease just as I would be if I was to purchase the property from the owner? If they would be bound to the lease agreement, would I be able to put a 5 year lease in place to secure the property for a few years. Would they be bound to it as well as long as it is a legal and binding lease? I have been told that the lenders that take properties back in foreclosure situations kick out the tenants here in Texas and from what I have learned in an eviction class is if the tenant is paying on time and the lease has not been broken, then the new owner would have to honor the lease to the end. What do you think of this situation?

Tim G

A: I believe you have heard wrong. The bank's 1st mortgage trumps everything. It gives the bank the absolute right to retake the possession of the property and sell it. While it's true that the buyer of a house ordinarily must honor any leases in effect at the time of closing, after a foreclosure sale all bets are off. The purchaser there can evict everyone. If Texas has a law that's different, I'd like to see it, but I doubt it.

Dear Mr. Reno:
I had a tenant since 2002 who moved in Jan 2008.I have just received a notice from (Ma) housing small claims court that she is looking for interest on her $1800. security deposit. Do you have any suggestions on how to approach this? Thanks.

Joe Walsh, Ma.

A: That's a state by state thing, so I'm not sure. In NY, the landlords don't put security in an interest baring accounts UNLESS its a multiple dwelling (more than 4 units.) I'm not sure what the Maine law is. Sorry.

Published 2008-03-12

Dear Mr. Reno:
What steps and forms are necessary to evict a tenant in the State of Texas. They have 4 large dogs (Pit Bulls), and I was aware of only 2 dogs before they moved in and, so far, they have paid rent with a hot check that they finally made good. Thanks,

Judy

A: We used to get "Blumberg" forms from the legal stationary, or Blumberg's website. Nowadays, your local courthouse has a website that also has the forms. Fill'em out- bring'em in. Note: Eviction based on "Fault" of tenant is tricky

Dear Mr. Reno:
WHEN IS A LANDLORD REQUIRED TO REPAINT- OR WHEN A PERSON HAS MOVED OUT ARE THEY REQUIRED TO REPAINT AFTER A TENANT HAS LIVED THERE FOR TWO AND A HALF YEARS.

TEISHA KALOUPEK- IOWA

A: I know of no legal requirement to paint anything ever. If you hear of one, let me know.

Dear Mr. Reno:
Does a tenant have the right to not release her social security number on her rental application/rental agreement? Obviously, for my protection I would prefer to have it.

Elena T., Rhode Island

A: They don't have to reveal it, but you don't have to rent to them if they don't.

Dear Mr. Reno:
I sent a 30 day notice to vacate letter to a tenant. She replied with a written letter stating that she would move by that day. She also verbally informed me that she would comply. Instead, she moved out 15 days prior and decided that she was not responsible for paying the pro-rated portion of her rent. She also demanded her security deposit be returned with no deductions. Upon inspection of the apartment, the carpets that were newly installed are heavily soiled and now have to be completely replaced among other items. I am in the process of obtaining estimates for new carpeting. My plan is to send her an itemized list of the damages as well and include the prorated amount that she should have paid. How would you approach this?

Crystal

A: You don't need an approach. You've got the security. The ball's in her court now. Just save your receipts.

Dear Mr. Reno:
My name is Willa Antrum and I am a landlord in the state of NC. I have a tenant currently who has reported a problem that the "cold handle" bathroom faucet is not working now. Here are the facts: A) A brand new vanity w/ sink & faucet were installed in Mid-2006. B) Previously. another tenant lived in the home and reported no damaged when he moved out July 2007. C) Prior to new tenant taking residence, the home was inspected by Housing Authority who also reported no damage to faucet. D) The home was cleaned thoroughly before the new tenant moved in Nov. 2007 with no problem with faucet at that time. E) Also, new tenant never reported a problem until today, Mar 3, 08. It seems as if the tenant may have damaged the faucet and reported it so that I could replace it. Do I have the right to charge for replacement if found that tenant caused the damage? Kind regards,

Willa

A: Read your lease. It's in there somewhere, hopefully. If not you're on shaky ground.

Dear Mr. Reno:
I had a tenant for 3 years that left early on the lease. I tried to mitigate my damages, and rented my unit to a medical company for a 3 mos. agreement, for 2 nurses. The company rented the unit with less then 24 hour notice, and paid me for 1/2 of the first month's rent. They rented furniture, and the furniture company damaged my walkway's and lawn areas by driving a truck onto the lawn. Additionally, they tracked mud into the house. Next, the nurses/tenants arrived and didn't like the unit, stayed 4 days and checked into a hotel at their employer's expense. Their company asked me to have the unit professionally cleaned which I did. Then the couple came back to re inspect the unit., taking photos of dust on blinds (blinds were not part of the deal which I explained to the corp. before they rented the unit) the apt. was "as is", and would need minor adjustments due to last minute notice on their part. The nurses decided to go back to the hotel. Currently, no one is in the unit, and the rented furniture is still there (the company hired a rental furniture place to furnish the unit). The company tried to get me to agree to break the 3 mos. agreement . Which I refused to because they promised me a tenant. I have received only the move in payment. for 1/2 of the first month. I have sent a letter of demand to the corporation to enforce their agreement and request they pay me since I took the deal based on the fact of getting the rent before hand instead of a security deposit. Now, their vendor has damaged my property, and I have no tenant or rent check and rented furniture in my unit. And, the company is out of state! I also have the former tenant's lease break case pending. So, this 2nd case will ultimately affect the former one. Would the lease with the corporation be treated the same way as a regular tenant? There's no one in the unit to evict. Or, do I wait till the end of the short term lease with the corp. Then sue them if I can't rent the unit by the end of their term. (that is if I don't rent the unit). Any advice on this would be very much appreciated. Thanks,

Lesley - Connecticut

A: They say "possession is nine -tenths (9/10) of the law" You can't give possession without $ 1st. That was your mistake. Now they have "possession" by virtue of the furniture. You may have to either (1) do an eviction, in effect, evict the furniture. Or (2) you could proceed on the theory that they have "abandoned" the premises and retake possession, but that's risky, unless you can store the furniture somewhere. Pick your poison.

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