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 24 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 2010-11-15

Dear Mr. Reno:
i received a pink slip for my court date on the 4th of this month which i went to, on the 12th of this month i was told by a church member who was trying to help me with rent that she had spoke with the rental office and informed that i would be getting evicted on the 18th, if it wasnt for her call i would not have known! I had no notice of eviction, is that proper procedure?

racquel jones i reside in prince georges county

A: Of course it's not proper to give you no notice, but this story makes no sense. You went to court on the 4th. What happened there? (You left that part out. I'm a lawyer. You left out the lawyer part.)

Dear Mr. Reno:
I have read your valuable articles for time being. Would you help how to solve the following issue? The parents of the owner are going to stay in the first floor rental property since the rental lease has expired already.
The owner notifies the tenant to move out of the propriety in 30 days based on the rental agreement signed by both owner and tenant. The tenant told the owner that he is out of job and has no money to pay the rent and has no money to move out.
The tenant also accuses the owner that he is out of job because the noise of the second floor ( owner family stays there ) in the early morning impacts his sleep. In fact, owner's wife gets up early in the moring and wears very soft sleeper to walk down stairs to go to work. She didn't make any noise. Would you advise how to deal with this kind situation?
You help will be greatly appreciated.
Best regards,

Nancy

A: This situation will require judicial intervention (eviction). You could have served notice to cancel the lease (which you did) but the tenant has made it even easier by not paying the rent. Now it's a non-payment case. Which is faster and less complicated.

Published 2010-11-14

Dear Mr. Reno:
I am The Victim and POlice Made a False Statement to My Porperty manager:
Basically I Knocked on my neighbors door, he and I have been friends for about 5 months, he and I had an agreement, he was loaning me $5.00 for bus money, He litter ally slammed the door in my face, and then starting chasing me down the stairs and at that point it was a domestic violence situation, don't know what happened, unfortunately no witnesses, I called cops, his mom saw the whole thing, cops came I told them what happened they told me to go back to my apt, well he took off, they questioned the mom who saw the whole thing, They came back to my apt, and I let them in, and I was asked If I was on drugs, at this point I was getting annoyed, anyways, I told the officer, I take anxiety medicine, and I was just attacked by I thought a was my friend, and I let you in my apt, he kept going on and on, I said no! I don't and wont ever take drugs, and I was the victim of assault, well the police report said that For 1 I was inside his apt, and refused to leave, that's 1 lie, I never was inside I knocked and then left when he slamed the door in my face , and then he said that I admitted I used drugs with him, well now the landlord gave me a 5 day notice, what can I do, false statement, what are my rights, I was the one that called, and now I am being evicted? The officer twisted all my words around, I told him I'm on anxiety medicine,and I was just traumatized, I'm not on drugs, and he lied on police report, what can I do? I have a dog and everything, I was the victim. please get back to me asap. I should not loose my place to live, he is trespassed but I'm the one that was attacked,please help me property manager is horrible too,not right!!!also if the mother made up this story, and she saw the whole thing, what are my rights? Can the landlord do this? No proof that I said any of this, I was the victim, thought laws supposed to protect, and they took pictures I have bruises all over me, so I know cop believed me, but the report is false and They cant get away with this, what can I do, LAwyer? I dont have the money, and she said I have to leave by this sat? got have some rights!
Kelly Dean

Kelly Dean

A: I'm assuming there's no lease. (with all this detail, you think you'd have mentioned that.) They an only kick you out after serving you with a 30 day notice. Next apt., get your own bus money.

Published 2010-11-13

Dear Mr. Reno:
If a tenant installs a washing machine and hoses (two days after moving in). And the hose springs a leak, which floods the apartment. Is tenant liable for the damages? The claim is too small to file on insurance, but did cost me $2,500.
Thanks,

Tim Holt, TX

A: That's a tough one. Probably, yes. But why don't you give them an opportunity to split it, rather than letting a small claims court judge decide it. If no deal, go for it; money's on you.

Dear Mr. Reno:
I had the final judgment on a Count II complaint against my ex-tenant who was in default. The judge allowed me to collect $3,589 plus 5% interest.

Can you please provide me with the name of a collection agency specialized in rental cases or give me an alternative way?
Thanks,

Franklin Franca-Pereira, FL

A: You need to know their bank or their job. One or the other- If so, it's 2 different paths.

Published 2010-11-12

Dear Mr. Reno:
Have given tenant 60 day notice to move on Sept. 30th, for not keeping her part of the lease -
Late Rent, dogs on property (damage to outside wood frame caused by dogs), cats in house (destroyed carpet), husband in Mexico They promised to keep grounds clear and clean (overgrowth of weeds). Verbally given her notice bi-monthly to get this stuff done since her husband has gone (6 months- plays dumb, says "I don't know how this has happened"!).
She has called county health for a list of problem she and her family have created. She has not paid rent for November 1st.
What can I do?
If I give her a three-day notice, doesn't that void out my 60 day notice?

Vivian M.

A: If she hasn't paid the rent, she's making it easy for you. Start a non-payment proceeding ASAP . That's a lot easier than an eviction for cause for dogs, etc.

Dear Mr. Reno:
On Nov. 1, I received a 30 day verbal Notice to Vacate from my tenant. The lease will technically expire on Dec. 1. However, her movers can't come to get her belongings until Dec. 3 or 4th. She wants to leave her "stuff" on the property until the movers come. She says she has no money to pay for the extra days.

Can I deduct the pro rata amount from the security deposit?
In addition, the lease states that she will pay 1/3 of the utilities. If she does not pay the Dec. bill which would be for November service, can I also deduct that amount from the security deposit?
Thank you very much.

Betty K. Belanger, VA

A: Security is becoming a very controversial issue because states are adopting laws with big penalties if security is withheld improperly. In some states, you can only withhold it for damage to the unit, not rent, etc. This makes me very nervous about giving advice to people in other states. Please inquire of local counsel what the security statute is, or look up The LPA's Landlord Tenant Law links. Sorry I couldn't be of more help.

Published 2010-11-09

Dear Mr. Reno:
I have questions related to complaint by tenant after 5 months of lease of bugs, rats or snake..This is a town home in upper class neighbor hood; Age 4 years.
Questions:
a. Who is responsible for eradication of a Rat or snake or any bugs; if tenant complains?
b. Am I supposed to pay for any tenant hotel bill till problem is resolved?
c. Can a tenant break the lease and use this as an excuse?
d. What should landlord do if you a receive a complaint for the above
e. Who is responsible for Pest control Treatment
f. Is any of the above covered in the LPA Lease to protect the landlord against such expenses.
Thanks,

D. Jain, North Carolina

A: a. Landlord;
b. Only if your exterminator requires them to vacate, and then within reason, not that Waldorf Astoria;
c. No.
d. Sorry, 3 to a customer. f. Yes.

Published 2010-11-05

Dear Mr. Reno:
Hello,
I am a landlord in New York State. Last year, my tenants signed a lease which ends on Dec. 1, 2010. In the lease I included a provision which requires them to give 2 months notice if they are not going to renew. They informed me today (Nov. 1, 2010) that they are planning on leaving. What are my options since the gave me only 1 months notice instead of the required 2? Can I keep their security deposit?
Thank you!

Katie, NY

A: I have a problem with that clause. Are you saying that w/o the 2 mos. notice the lease automatically renews? Like a free trial subscription to a magazine that becomes a contract if you don't cancel? That may work for "Men's Health" but not for landlords.

Dear Mr. Reno:
My Mother has passed and right now I am on the registry of deeds in Milwaukee, my brother is living in the house and since he is living there and he needs to pay rent so what forms do I need to have for him to pay the rent. Now, if he does not pay the rent what do I do? Also, how long do I need to wait before I can take any action to remove him from the home?

Teresa Fulford, WI

A: It's not the first time that's happened. You have to serve him with a notice to vacate. LPA has forms. Then evict him. (You could also send him a lease to sign. That'll give him 2 options.)

Published 2010-11-04

Dear Mr. Reno:
I live in NJ. My Tenant was evicted last month and removed all of their belongings before the Sheriff Officer arrived. Now after nearly a month I received a court notice that I am being sued because they are claiming they left valuable records and goods in the home. Do they even have a case and if they do what is my defense? They are obviously lying. At first I was nice and was happy to have them out and was going to repair the unit with my own money. I just placed a counter claim on them for the damages. Thank you,

Barby, NJ

A: You have to make a case that the premises had been abandoned, but you're on thin ice. You probably should have waited 30 days or put their stuff in storage. Good luck.

Published 2010-11-01

Dear Mr. Reno:
can you live in a travel trailer in your back yard ? I'm an residential hotel manager and living in one of the units cuts into my income and the owners profit used to live in the basement till I was reported to the building inspector and bringing the basement up to code is very costly wanted to live in an travel trailer home/office can it be done

gary ungaro

A: I strongly doubt you can do it. But it's a local ordinance issue. Most localities have rules that say you must have a building permit to use an area as living space. So you can pitch a tent, but you can't live in the yard in a tent. That's, in effect, what you would be doing.

Dear Mr. Reno:
One of my tenants keeps his girlfriend, who is not on the lease, overnight for the majority of the week, almost every week. I have never had this problem before, so never made a guest policy (for how long one can stay and what constitutes a guest). Is there anything I can do to get her to leave? My angle is that her stay exceeds the maximum occupancy limit posted for the property. But if I argue that she's not a guest, and thus exceeding the occupancy limit, I can be fined for having allowed this to happen. Do I have to change the lease before I can take action?

Michael, NJ

A: It's very hard to control who sleeps over. You need a strong clause in your lease, but even then, enforcement is very difficult. You serve a default, the girlfriend leaves, then she's back, etc., etc.

Published 2010-10-23

Dear Mr. Reno:
I understand that if a landlord handles their own tenant applications, versus having a property manager handle it, there is more leeway for the selection process. (e.g. no pets, no children, etc etc) is that true?

Dixie A, Colorado

A: Never heard of it. Of course if you screened the tenants personally, you would have more input into the process, but it wouldn't change your right to limit pets (which you can) or children (which you usually can't)

Published 2010-10-21

Dear Mr. Reno:
My tenant didn't pay her last months rent. I filled a small claim with the court. She was served and gave her response stating that she shouldn't have to pay because she was charging me storage fees for a washer and dryer in the garage and a desk in a bedroom." When she first moved in, i was about to give the desk to goodwill but she asked to keep the desk along with misc clothing and items. Also she was to use the washer and dryer. What are my rights? How can I prepare for court?
Thanks

Sylvia O., Texas

A: SHE'S DEAD MEAT! They'll never give her storage fees without an explicit agreement. You will win. Just bring your records of payments and the rental agreement, if any.

Published 2010-10-19

Dear Mr. Reno:
My tenant left 4 months ago without notifing me; water was shut off months ago and neighbor said they hadn't seen anyone in a long time. The Govt (Sec8) pays the rent until the end of October. The beds and some furniture are gone, otherwise there is stuff everywhere and their cell phones are inactive.

How can I legally get in to start cleaning and take their stuff to the dump? Thanks.

Mike K, Florida

A: No water? That's good enough for me. I vote that they're gone.

Published 2010-10-18

Dear Mr. Reno:
I have an elderly tenant (83) and she recently fell in the apt getting out of the bathtub and now needs to move to an assisted living facility. So I have 2 questions:

1. About a year ago she asked for safety handles in the bathtub. I bought some at a hardware store that use suction. They are not drilled in. Should I have asked her to sign some sort of disclaimer? Or should I have just said "no, handles cannot be accommodated"?
2. How liable is she for the lease? She signed an extension that runs for another 8 months.

Thanks for any reply you can offer.

Marc, MA

A: If you were worried about the suction cups, then why do it? The law makes a distinction between non-feasance and malfeasance. In other words, either do the job right, or don't do it at all.

Dear Mr. Reno:
As I am sure that you are aware some of us Landlords have been economically forced to accept tenants who are relying on some kind of city or state rental assistance. I deal with an emergency relief agency who puts me through the hell before they even issue an approval to the proposed tenant. It is through the tenant that I receive the approval letter from the agency stating that they will pay the security and the monthly rent. It is based on that letter that I allow the tenant to take occupancy. Under the privacy laws they will never issue any status of the tenants claim at any time. As the collection efforts are taking place it is the tenant who usually unloads on me and tells me that the agency has closed their case and I am not going to received any kind of payment. Unfortunately this is usually three months down the road that I find this out. I then immediately begin the eviction process which is almost five months rent past due and the apartment is a wreck. Over the last years the amount that I have aged is almost 20k. My question is. : Do I have any recourse against the agency at all"? Needless to say that the tenant is no doubt penniless so so this is not an option. I feel that the agency should be responsible until such time that they notify me of the action they have taken. Please help as I am considering contacting a local attorney. Thank you,

Larry Killmer, New Jersey

A: Don't even think about it. It's a non-starter for a variety of reasons too technical to explain here.

Published 2010-10-13

Dear Mr. Reno:
My question is: Are there limits to the number of people who can legally reside in a one bedroom apartment? I have always rented my one bedroom apartments to one or two adults. I have received an inquiry from a person with a wife and child. I wish to maintain the peace and quiet of this building for my existing tenants. Can I legally limit tenancy to one or two adults? Can I legally prohibit children? Your help will be sincerely appreciated.
Thanks,

Joe, Bristol, CT

A: That's a tough one. This is local ordinance issue. I would call the local building department whatever government agency issues rental permits in that area or whoever issued the permit to build that building. Ask them. That's where I'd start (You may also have "house rules" in your apartments complex to deal with, check your lease)

Published 2010-10-12

Dear Mr. Reno:
I had a tenant leave my condo about 2 months ago but he still owes me some money for partial rent that he didn't pay before he left. I called him and sent him a letter to request the remainder of the money and although he begrudgingly said he would pay it, he has yet to pay it. When I told him he owed me money, he replied that he paid for some maintainence(which he clearly didn't do) w/o even telling me so he doesn't owe me any money. I told him that he had no right to make changes to my unit w/o even notifying me and that if he had some problems(plumbing or whatever) he should have called me so I could make arrangements to send a repairman out there. Again, he fails to return my calls and he has yet to pay me what he owes me. What can I do? Thanks,

David, CA

A: Get over it! You got your place back basically undamaged and are owed only partial rent? You should consider yourself lucky and move, but if can't do that, it's smallclaimscourtville..

Dear Mr. Reno:
I had a tenant call a sheriffs deputy (not the sheriffs department) Three deputies showed up and they quizzed me on, why I had not give him his security deposit. He had finished moving out that day and wanted me to pay him right then. Is this legal to use the sheriffs department to have your deposit returned, I recorded the event as I always do when dealing with tenants.

James M., Midland Texas

A: I'd say he's got a friend down there. Not to worry. It's just intimidation.

Dear Mr. Reno:
Hi- I see you do loan mods. I have a client who was scammed into buying a commercial warehouse for about twice the value, based on an inflated seller rent back. The seller moved out after about a year. The property cannot be rented for anything close to the payments. He also put several hundred thousand down, which has now evaporated.
He has not made payments in a long time, They are not foreclosing.
What are the possibilities of a loan mod?
I also have someone in a similar situation with 6 sets of small apartment buildings, 2 to 4 units. Five are underwater, Most have been refinanced, so those are not purchase money loans.
What is the possibility of a short sale on the 5 that are underwater, one is breakeven, as far as I can determine. He has a number of other units that are OK.
In general, what could ne be hit with as far as debt forgiveness tax and residual debt to the lenders?
Both are in California.
Let me know about these, and how your services might help.
Thanks-

Vic Pasnick, Realtor, CA

A: The answer to all your questions is the same: We won't know until you try. I've given up trying to predict what these banks will or will not do. And unfortunately, you can just ask them - they drag you through the whole process. All I can say is we'll try and our fees are reasonable (not much up front) but there are no guarantees. Call me (631) 667-RENO.

Published 2010-10-11

Dear Mr. Reno:
I am Liza living in ohio and i need help with following problem:My Tenant did not pay for 2 month all togather with late fee and pet it come out 1500 $ , we post eviction notice what we foun on this site at the door on 23 sep. next door tenant told us on sunday she load her truk and moved. we left her msg couple of time and send e-mail informing that we are planing to bring cleaning crew on sunday or monday and if you still there let us know. we did not get any reply .On 28th sep. I went with cleaning crew and see that house is a mess , soo many cloths , dirt and smell and furniture in there . we took picture and came back. now I am not sure what to do, move her furniture and junk and clean apt. or not. I can not even tell if she move out ,she did not pay or gave us our key yet. I am trying to save lawyer cost if possible since cleaning will be about 800$ atlest. any comment , suggestion are welcome:) I know I am in mess. we did not do credit check for her because she was introuble and her husband was sick...I know big mistake Thank you for your help

Liza, OH

A: I get this same question once a week. The question is, considering all the circumstances , would a reasonable person assume these premises and these items have been abandoned? My view: if their clothes are still there, then they're still in possession.

Published 2010-10-08

Dear Mr. Reno:
My tenant has signed a two year lease. She will have been in the apartment for one year the first of october. The tenant wants to cancel the lease since they have had an addition to their family and the one bedroom is not larger enough according to the tenant. The tenant wants to pay October rent , relinquish the security deposit and vacate the premises by November 1st. What is the appropiate response on my part?

Alvin J. Robinson in Illinois.

A: The appropriate response is "okay"

Dear Mr. Reno:
I'm a landlord, but I'm also a renter in the (rent stabilized) apartment building I live in located in Manhattan.
Two months ago I inadvertently allowed the bathtub to overflow, causing water damage to the walls and ceilings in the apartments 2 floors below me. (BTW, we allowed the water to run because of poor water pressure; the landlord has since installed a pump and the water pressure in the building is now normal.) My landlord sent me a bill for $975 for repairs and a 3-day notice to pay this amount (plus this month's rent- which is past due.)
Does the landlord have any legal basis to demand immediate payment for the repairs and file suit for eviction?
Regards.

Frank Pachesa, NYC

A: Probably, yes, assuming your lease requires that damage caused by you is "added rent". Make them a deal (i.e. payment schedule.) How's $250/mo sound?

Dear Mr. Reno:
i have a tenant who complains that she has bugs. Three exterminators were in the unit, the last wouldn't touch it because too much has been done and nothing he could do would have a positive effect. She has a two year lease and is wants to move. We've done everything from patched holes, put down a new floor, and she insists that there are eggs in the apartment. I haven't seen them, and nobody else has these issues. We heard second hand that she has issues, and may I say that this is a first class building. Aside for letting her know that she's bound to her lease, is there anything more that I should be doing? THANK YOU!

Michael Tepper, Pennsylvania

A: I'd say you've covered all your bases quite well, thank you.

Published 2010-10-05

Dear Mr. Reno:
I get the same Judge every time I go to small claims court concerning tenants. She is rude to the Landlord and not too interested in the Landlord's problems. She sides with the tenant and most times tells them to try to get disability. If tenants don't show up for court, she tells Landlord a law has been passed that gives the tenants two misses. I know they are voted in, but she would still win due to the deadbeats that would vote for her. Have any suggestions?

Gail Holcomb, Indiana

A: 1. Screen the tenants;
2. Take Security (2 mos if possible, I know it's hard)
3. Move fast. The judge will go slow, you can't afford to dwadle.

Published 2010-10-04

Dear Mr. Reno:
I own a Triplex. When we purchased said Triplex it had tenants already in, who signed new leases with us.
Apparently, one of the tenants meters has a building Washer and Dryer, as well as outside flood lights and a 1 bulb washroom light for the building. I knew nothing about this, the tenant claimed to know nothing about this. Retrofitting is a very expensive option. I am not sure what to do? What are my responsibilities?
Thank you for your assistance.
Sincerely,

Lance, CA

A: Your responsibility is to comply with the electrical code. Are you in violation? I don't see it.

Dear Mr. Reno:
My sister age 39 moved into my residence after my father died in 2003. My mom also lived with me along with my two adopted brothers. There is no verbal or written tenant agreement. My sister has never paid rent, phone, power or any other household bill while she has been living me. After 7 yrs I’ve had enough of her drama. All the stress and arguments are wearing me out. I spoke with the local magistrate, gave all the details and was told that since there wasn’t a tenant agreement ,written or verbal, that it wasn’t an eviction issue it was a trespassing issue. So I was told to ask her to leave once more and if she refused I could then have a warrant for trespassing issued. Which I did. The next day when she came home after work I told her she was trespassing and I was calling the police. She was arrested and booked. The court date is sometime in October. The warrant has yet to be enforced. I’ve called the police twice. The police come out but never take her. Now as a last resort I’ve started the eviction process in an attempt to get her out. After she was arrested and released she filed a 50B (Domestic Violence Protection Order) on me on behalf of my two adopted brothers ( her biological children). So I was removed from my own house for aprox 2 weeks. On Sept 7 at the hearing the judge dismissed the charges. She had no grounds.

So my question is, is this really an eviction issue? If so, why ?

Steven, North Carolina

A: I do believe you need an eviction. I'm very surprised the police charged her, but that's a hollow victory if they haven't removed her. While I agree that she is not a tenant, you can evict people even if they're not tenants. Like if you lose you house in foreclosure , you get evicted, even though you were never a tenant. You're something else. In NY, they would call this a "tenant at suffrage" which is someone who once had permission to reside there, but no longer has permission (I don't know what they call them in NC) But I'm sure there's a legal way to evict, usually after giving the appropriate written notice.

Dear Mr. Reno:
Tenants stopped paying rent and stopped paying their utilities two months prior to expiration of the lease. They moved to a different, unknown location WITHOUT removing their stuff. One of them stayed in contact via e-mail and agreed to pay a day rate until they could find a place for their property. Their property is still on the property. They haven't paid anything for two months. Can I take their property to the dump? V/R,

Bill Rudy, Ohio

A: That's a problem. If their property is still there, then they're still in possession. If you enter, they can sue you for all the damage you do to their property (which they'll make up) and all the valuables you steal (which they'll also lie about.) Or maybe they won't. The only safe way is an eviction, which will cost you and waste time. Pick your poison. (Isn't it fun being a landlord?)

Dear Mr. Reno:
I have a situation with my current tenant that involves a dining table that was placed in the garage of the rental property for storage. The table, which was wrapped in moving blankets, was placed near the water heater which was leaking. The blanket absorbed water and the table was slightly warped. I have tried to have the table refinished but there is prior damage to the center of the table which was preexisting and makes the table risky to refinish. My question is, where does the responsibility lie as they placed the table in the damp carpet which then wicked up to the table or is the responsibility mine, as the owner, as it is my hot water heater which leaked. I have offered them the cost of refinishing but they are asking for more as the table was part of a set and cannot, evidently, be replaced on it's own. Thanks for your legal thoughts on the above matter.

Dyan Jamison

A: I vote they assumed the risk when they stored it in the garage, but this is a close one. Landlords have been held liable for damages caused by leaks. It may depend on the judge. You make them an offer; stick to it. If they're not being reasonable, you might as well take your chances in court.

Dear Mr. Reno:
Hello, my tenant of 10 months just left, no words, no nothing, I have two month security on her. She is two weeks late paying the normal rent. what proceedings should I start with. I have left messages and knocked on her door, every day now. She may have left the country, she has not reported to work in 3 weeks as well.
Any advice so I may start the proper paper work would be appreciated. Thank you,

Michelle Heyne

A: You say she "left". Based on what? If she has abandoned the premises, then you don't have to evict her. Are her clothes still there? You may have to break in to find out. Have a copy of your deed in your pocket in case the cops happen to pass by during your burglary. They'll understand if you're the owner. (If her stuff's still there, you may have to evict her for non-payment.)

Published 2010-10-03

Dear Mr. Reno:
My name is Shirley Anthony and I own a rental property in PA and the tenant pays $270 a month (I pay the sewer, repairs, insurance and taxes). Northumberland County Weatherization Project improved the house weatherization wise. The agreement states that I can’t raise her rent for 18 months nor evict her. In all the ten years that she is there, I have never raised her rent. However, she never pays on the first and is always late. I have only been charging her $15 if the rent is paid after the 15th of the month. I sent her a letter in September telling her that as of November, 2010 I will be charging a $50 late fee for any rent paid after the 10th of the month. She claims I can’t do that and if I do, I will have to pay the county back for all the money they expended. Could you please let me know if this is correct since I am not raising her rent and she can easily avoid the fee if she pays on time. Thank you for your time on this matter.

Shirley Anthony, PA

A: It doesn't work that way. When the lease expires you can put the new late charges in the new lease.

Dear Mr. Reno:
We have a married couple who rent our unit, however the husband is currently overseas and they are in the process of getting a divorce. The wife, advised that she does not have the money to pay the rent and wants to break the lease. How do we go about breaking the lease if one of the two tenants on the lease is not available to sign the termination papers?
Thanks!

Justin Martin

A: If he's okay with it, don't forget they have fax machines, even overseas. But if he's not going to sign, then you're in a quandary. I would just let her sign, even though he could show up 6 mos. later and sue you. What are the odds of this? The only other alternative is to refuse to terminate, she can't pay, then evict them in a non-payment proceeding, Is it worth it? Pick your poison.

Published 2010-09-30

Dear Mr. Reno:
G'day Sir. My tenant approached me on 9/1/10 and told me that she was moving out at the end of the month and will be living out her sec dep. I responded that she needed to give me proper notice (30 days) in writing and that her rent was due on 9/1; also that she cannot live out her sec. dep. She walked away and to date she have not paid her rent. We had no prior disagreements. She had a 1 year lease which expired 09/30/09. What should I do? Thank you, Rick

R E Britton, Brooklyn. NY

A: There is some authority for the propositions (as we lawyers say) that if you have a lease for a finite term (as you do) you can vacate on that date w/o giving the 30 day. I would say unless your lease says the contrary, she's on solid ground there. But she still has to pay for September. So you're in the classic landlord dilemma. You could and should start a non-payment proceeding, but maybe she really will leave on 9/30 and save you all that trouble. As Clint Eastwood would say, "You have to ask yourself, do I feel lucky today?" Well do you, Landlord?!!

Dear Mr. Reno:
Hello. I need to know my obligation of notifying my new tenants regarding az scorpions around the house and sometimes they may get in inside the house. I did not have any problem with my old tenants. They mentioned to me about scorpions (natural bugs of az) and how sometimes they get in the house. They said they bought some powder and pour all over the window sills and by the base of the outside wall of the house.

When my old tenants moved out, we cleaned the house and exterminate the outside for any possible bugs around the yard and even closed any openings if any bees will try to build nests.
So when we have new tenants, I did not mentioned about scorpions because they are natural inhabitants to the AZ desert.
My new tenants lived in AZ for over 3 years.
Without mentioning scorpions... I agreed for them to start moving. The day before their move-in date. My tenant found 1 scorpion inside the house and she panic. I told them that scorpions are a regular bug to AZ and they don't have to move-in and she was really afraid of scorpions. They said they already have the movers coming the next day to pack them and move them.,p> They change the agreed lease from 12 months to a month to month lease and I agreed with discounted rent, $25 less than the original.,p> My husband and I bought some powder specificaly for scorpions and we pour it all over the window sills, the base of the outside wall of the house and the fences. We went out the night before the move-in and bought a scorpion flashlight. We found a few outside the house and fence and we killed them. We checked inside the house using the flashlight and did not find anything.

My question is that my tenants are telling me that I should have informed them of the scorpions. She said she can sue me for misinforming her. What's my obligation to what information should I tell my tenants. I did my duty to exterminate any pests that may be around the house and gave them a choice not to move-in. Please advise.

Estelita Dodd, LPA Member

A: I don't think she has leg to stand on because nothing prevented her from doing a full inspection by an expert and also you're doing all you can to treat it so I think you're OK (Also I'm canceling my trip to AZ!)

Published 2010-09-28

Dear Mr. Reno:
I have a second cause of action against a tenant I evicted in June. Tenant keeps getting it postponed, she just got a lawyer, and now this lawyer sent me a letter requesting I return her deposit or an itemized statement for every charge.

Tenant gave no forwarding address, I mailed her security deposit settlement statement to her last known address (my rental) less than 30 days, according to law. The envelope came back to me undeliverable, I placed it un-opened in her file. I have all the receipts, canceled checks and plenty of pictures for court.

Since you are a lawyer, I thought your advice might be the most unbiased. My question is, do I have to follow her lawyers request/orders? Do I have to communicate with the lawyer or can I just wait until the hearing? What negative impact can this have on me if do not comply with that lawyers equests? My intentions are to mail him (in 30 days)a copy of the SDSS along with a copy of the returned envelope to show him, it's been mailed to her once.

Monica, Ohio

A: You should comply. Hard as it may be to believe, most of these cases do get settled. Showing your evidence is the first step, don't be bashful.

Dear Mr. Reno:
Have been renting bedroom & bathroom in my home. Tenant signed lease through Dec. She moved out owing $100 from July, $500 for Aug. plus $500/mo. thru lease (or less if I find new tenant).
Question: Is there a legal form I should send to her, and If so, where do I find the form?
If she doesn’t pay, is this a situation I should take to Small Claims court? Is there anything else I should do/know?
Thank you

Karen Ludlow, CA

A: Landlord Protection Agency has lots of forms. And yes, you are small claims court bound.

Dear Mr. Reno:
Hello and thank you for your services! Two questions: Here in California, many tenants seem to think that rent is not late until after the 5th of the month. Is there any basis to this?
Also, is it legal to charge late fees?
Thanks again.

Mrs. S. Young, Manager, Five Star Investments

A: The rent is due when the lease says it's due. READ YOUR LEASE. Many leases have a grace period, but they don't have to. Late charges are legal, if they're not excessive.

Dear Mr. Reno:
I have three friends that moved in together. Only one signed the lease however they all pay rent and deposit. One has had some issue about being intoxicated and loud (not by the police, but by the other roommates). So the landlord issued him an eviction notice. The notice was not processed served to him just left at the house. He received it at 9:30 pm on 9/1 and is to be out by 9/2 at 6:00. The roommate that is on the lease has received his September rent already and she also has his deposit. Did the landlord give enough notice legally and how can he legally get his money back? He has proof that he transferred the funds to her account.
Thanks for your help!

Angela Cox

A: I don't know what state you're in, but I'm pretty sure one day is not sufficient notice in any state. Why doesn't he just stay until 10/1 and leave then? I'm sure he'll be fine.

Published 2010-09-21

Dear Mr. Reno:
I had a tenant move into a triplex and 1 week after they moved in the neighbor called and said she had some kind of a water leak. When I arrived, the leak was not in the her apartment, it was in the new tenants apartment. It was the washer hose that was just put in that leaked. There was an obvious rigging of the hose, because there was silicone around the outside of the leaking hose as evidenced by the restoration company’s pictures. After the restoration company came and cleaned, dried with fans and dehues I had a $3,500 bill. I do not think this is my responsibility. The bad thing was that when I knocked on their door, they were home and they had not call me. They had cleaned their apartment out as much as they could not realizing it impacted the neighbor more. It flooded two of the three units.

What are your thoughts on the responsibility? I have insurance, but my deductible is so high it is almost not worth filling. They did not have insurance.

Tim Holt, Texas

A: It's really just a landlord's occupational hazard, but if you feel so strongly about it, and apparently you do, commence a small claims action (NY goes up to $5,000, don't know about Texas) Can you convince a judge this was their fault? Only one way to find out.

Dear Mr. Reno:
An applicant for a single family dwelling gives the LL a holding deposit and the two agree upon a future move in date (time is needed so that the LL can make repairs and clean the dwelling). At the time of the move in date, the dwelling has not been cleaned and work is still needed. Can the applicant break the lease or agreement to lease, and if yes, is the LL required to return the holding deposit? Same question If the holding deposit is actually a security deposit and a lease has been signed?
Thank you,

Mario Cano, California

A: Answer to the first question is LL can keep it . That's the whole point of holding deposit. If it's security, that's a problem under Cal's strict return the security policy. You may have to return it and sue with small claims court for lost rent.

Dear Mr. Reno:
Does a lease remain valid and in force upon the death of the landlord? May a succeeding landlord negotiate new lease terms that the continuing tenant may choose to accept, or not accept and vacate?
Thank you

Elizabeth Carlin Metz: Rhode Island

A: 1. Yes.
2. No.
The landlord's estate "steps into his shoes" and the lease continues. The succeeding landlord has no more rights to renegotiate the lease than the landlord could have had he not kicked the bucket.

Dear Mr. Reno:
I have a tenant on a month-to-month agreement. If they give me a 30 day notice on 9/30 that they’ll be moving out at the end of October, but don’t pay the Oct. rent when due on 3rd am I legally able to file for an eviction? It’s the wife of a married couple who went through divorce, and is now looking to move. Thanks.

Joel Passerell, OH

A: Age old dilemma. Yes you can evict now, unless you have confidence she's leaving as promised. It's your call.

Dear Mr. Reno:
3 Family House:
Tenant does not have a lease and he is month to month. He does pay rent on time every month.

How can we properly evict a tenant that we believe is a drug dealer?
My inlaws left for Europe in June and My husband and I were left to take care of the house. First the tenants were complaining of Marijuana smell coming from the house. We did not know which tenant was smoking so we didn't want to blame anyone. Then we put up a note to please stop and the guilty tenant took it down. One of the other tenants wanted to scare the guy so he put up a note that all apts are going to be searched by the police to scare him. The guy called me all hyper and was afraid. I told him no such search was going to happen and the tenants were sick of the smell. STill not knowing for sure if it was him or not.

He then proceeded the next week in the 96 degree heat to burn a candle up against the wall. When My husband and me came there I saw the candle right up against the wall knocked on his door and blew the candle out. I instructed him you cannot burn a candle in the heat up against the wall. He said oh I've got two fire extinguishers and I watch the candle every 15 min. Which was bull and we knew it, it was at that point I smelt the pot and told him I know now that he is the Pot smoker and too kindly stop. He also had a candle burning on a wooden floor on his apt., but I could not say anything about that.

THe next week I come back to take care of the house and too my surprise the guy put cameras up. He put a camera up facing the front door and one facing up the stairs to see who is coming and going. I asked him to take down the cameras, we got into a nasty verbal match and he said he will talk to the landlord when she comes back and deal with it then, now he needs to feel secure and slammed the door. My mother n law wants those cameras taken down and they will instruct him to remove them on the day they get back next week. What if he does not open his door and does not want to remove the cameras, can my father n law remove the camera's lawfully?

He has been harrassing one of the tenants and thinks he owns the place. TOday, he called me at work and told me he got locked out. I told him I am at work and there is nothing that I can do now. He said what about my husband, I told him that I would have to call him cause he is home disabled and sick to see what time he could open the door. The guy said I'm not waiting for your phone call and was very rude and abnoxious to me, so I told him to go F himself and hung up on him. My husband did not want me speaking to this guy because of how bad the blowout was the last time. Then I called him back in ten minutes telling him to call my husband back and that he would arrange a time to come open the door. THe guy would not answer our phone calls and another tenant called us and told us the guy is changing the lock downstairs and screaming that no one will ever get into his apt. no tenants and no landlord.

This guy has been smoking pot 2-3 times a day heavily in the house. One other tenant said that people are always coming and going and that's what makes me think that he is a drug dealer. Why else would he put up cameras and need to know who comes and goes? Anyway, my inlaws are coming back this Wednesday Sept. 15, besides getting an attorney right away, is there something that we can do immediately the night they come back. They want to evict him. Can I write a letter for my inlaws so when they come back my mother n law can sign it, stating that we are giving them 30 days notice to leave, a copy under the door and a copy sent return receipt requested certified, or should I leave everything to a lawyer and let them serve the notice.

We need help as soon as possible. I don't even know any good attorneys in NY that handles real estate, if you are familiar with any please let me know.

Thank you for any advice that you can give to us.

Jennifer Zic, Astoria, NY

A: You need to call Bernadette 516-228-0033 ext 213

Published 2010-09-18

Dear Mr. Reno:
I have a home in CA which was rented and is now in foreclosure proceedings (long story why). Since I wasn't going to be making any more mortgage payments and the renter had indicated she might try to buy at short sale, I told her (in an email) she could stop paying rent to save for the downpayment. She didn't apply to buy the house but has not paid rent this full year. I'm trying to get her out (served her a 60-day notice). We had a lease which rolled over to a mtm. Can I now send her a notice to pay for the last couple of months she's there? What kind of notice does it have to be? Does it have to be a 30-day notice? There's so much more to the story, but it says keep it short so I can't really tell you everything she's done to deceive me up to this point.
Thank you!

Sonia S., CA

A: You made a big boo-boo telling her she could stop paying rent. Now it's a big mess because you can't evict for non-payment anymore. They're now your guests you're going to have evict them just like if Aunt Betsy and Uncle Frank overstay their welcome. I believe a thirty day notice is the way. By the way, if you wanted them to use the rent for a down payment, you could have let them pay the rent and then give them a credit. Oh well. Live and Learn.

Published 2010-09-17

Dear Mr. Reno:
I have two rental properties with great tenants, who decline to obtain renters insurance. The properties are about 90% furnished so the tenants have limited personal items, electronics, etc., that belong to them. I don't want to cause them to leave, but I also want to protect myself. I've given them several articles in the value of obtaining rental insurance coverage but they still don't want to participate. Should I delete the requirement from the lease and just "forget about it", should I put a place for them to sign off in the least document that they don't intend to obtain the insurance? I value your opinion. Thank you.

Kay - San Francisco, CA

A: You can lead a horse to water, but you can't make it buy renter's insurance. The LPA Lease requires it and failure to obtain a policy is considered a lease violation, so you have to decide- is it worth it to pursue it as a violation or drop it.

Dear Mr. Reno:
I rented my Colorado Springs home out for the summer from May 30, 2010 to August 30, 2010. My tenant left out of state on July 20 to return to his home in Henderson Nevada and did not pay August rent of $2800.

I have signed rental agreement from him and his wife for this stated period. He defaulted and went back to home of record which is Henderson, Nevada.

He owes me $2800/ rent. Could I sue him in small claims court here in Colorado springs to recover this?
Thank you,

Bryce Morgan, CO

A: Yes you can sue except you may have jurisdiction problems because he's in another state. Sometimes we sue the tenant at the premises (his last known address) to avoid this problem. You generally can't sue people in other states in small claims court.

Published 2010-09-16

Dear Mr. Reno:
I own a house that is currently for rent. A woman called to set up an appointment for viewing. She has an Aunt living with her that is in a wheelchair.
She told me the Aunt can get up the five front stairs with assistance. My question is: if the are financially qualified to rent the house, can they make me widen the doors to accommodate a wheelchair or would that be their expense?

Mary Luth - CT

A: The aunt doesn't have a leg to stand on (bad joke?) There are some new requirements about handicapable in building codes around the country, but they generally only apply to commercial or new construction.

Dear Mr. Reno:
I rented my home to months ago year lease. These people call every week about something is broke they need to take so much off the rent .The first month we agreed .But now I feel like they are taking us for a ride. We received our final water bill to learn they illegally turn water on from box and I got billed. when we called them today they cussed us and said they would do what they wanted .I need to get them out asap. Please tell me how to do this. I lived in this home for 15 years and never had these problems or repairs. thank you

Crystal Ryder, Lake county florida

A: This is the reason I don't believe in the one year lease. Unless you have a history with the tenant, it's too risky. You're stuck. Sorry.

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