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 2013-01-31

Dear Mr. Reno:
I have given divorce papers to my wife and have asked her to leave the house I am renting. She did not sign the lease and I did not sign it for her. I am the only one on it and only I have paid the rent. Can I have her removed from the property?
Thank you

Matthew, Minnesota

A: Can you "have her removed"? What exactly does that mean? How would you "have her removed" and by whom? You see the problem? In any event, divorce court is going to resolve this and all your other issues. But unfortunately, not today.

Dear Mr. Reno:
I recently rented an apartment to a young couple. I checked the women's references including work, previous landlord etc. but did not ask for the man's references as he was in the background. They both signed a 1 year lease and on move in day gave me a damage deposit and the 1st months rent. 3 days later, the man was arrested for attempted burglary in a neighboring town and reading the write up in the paper, it turns out that he has a long criminal record. He is now in jail and is being held on $100,000 cash bail.

What are my options at this point? I would like to evict them so that they don't scare off my other tenants but am not sure if I can legally do this as they have not violated the terms of the lease.
Thanks,

Marc

A: Your concern is valid. You can't evict him just for being a dirtbag. You're going to have to wait, but based on what I'm reading, you wont have to wait long.

Dear Mr. Reno:
My mom let someone move in her mothers old house under a verbal agreement that has been breached....can she just send a written agreement/lease for them to sign or just evict them? She thought she was helping them out but getting ran over instead...

Josh, Al

A: What was the breach? Why would she send them a lease, if she wants them out? Run this by me again, but this time in English.

Published 2013-01-30

Dear Mr. Reno:
I am working as property manager of various dwellings and storage units, employed directly by the owning organization. I have a tenant who is moving out and doesn't have a deposit. She has lived there for like 10 years and generally has been very conscientious about reporting damage and caring for the home. The owners at the time didn't have a property manager or much of a documentation process, she started renting without any type of lease at all! I want to know if I can change the wording of the notice to vacate to say that she is responsible for repairs even if there is no deposit. There may be some things that I might normally subtract from the security deposit. I'm attaching the form as I've edited it to see if that is legal. It ties to another question, what if the damage caused by a tenant is greater than the amount of the deposit? Do I have the right to invoice them for the balance?
Thank you.

Daisy M. López

A: Yes, you can- Actually, tenant is liable for damages- even beyond security- but most people don't.

Published 2013-01-29

Dear Mr. Reno:
I am a property manager in New Mexico. Just what liability does an owner and property manager have if a tenant’s dog bites someone or another animal? Is there a difference in liability if the bite occurs off of the rental property as verses on the rental property?
Thanks,

Betty Zwilling
GRI, SFR, e-pro®, Realtor®
Qualifying Broker

A: I'm defending such a law suit right now. It's a grey area. In theory, the landlord is only liable if he had knowledge of a dangerous situation and didn't act. But in practice, usually the insurance company gets involved & they offer a settlement whether or not the landlord is liable.

Published 2013-01-23

Dear Mr. Reno:
My tenant has given notice and moved after three years of always paying on time.The walls and trim were filthy and had to be completely reprinted. The window seals were chewed off by a dog . He did not disclose that he had a pet. The carpet had to be removed and replaced. The expenses go on to the tune of $6000 dollars. He says he will pay in monthly payments but if he doesn't , can I attach his wages ?

Carla, Alabama Landlord

A: You'll need a money judgment for that. Start the suit for $5000 (small claims limit). In court, sign a settlement, he pays monthly, or a garnishment. If he defaults, you wont need his permission or another court order. you'll already have it.

Dear Mr. Reno:
I have a problem with a current landlord. I moved into a residence 3 weeks ago. I had and accident and got sick during the move and two days after we moved, I was in the hospital. The day I was to get out of the hospital the 2nd time, the landlord called my cell phone to tell me I was late on the rent for the 1st of the month, I told her I know but I have been in the hospital. I had a tube down my throat and couldn't talk too much. I told her that I would call her when my daughter came to get me and I was at home. I did not get out until very late. The next day, I went back to work and we had a function that day at work, I was not aware of and I had to work rather late. The landlord came to my house and demanded that my kids call me and when they did, I answered my phone and the landlord was yelling that I need to pay my rent. I told the landlord to not come to my house like that and not to harass my children, she kept yelling so I told my daughter to just close the door. When I got home, I called the landlord and told her I did not appreciate what she had done and again not to harass my children. She yelled at me on the phone to pay my rent. I told her that I had been sick and I will pay the rent when I get paid. She hung up on me. The next day, my daughter called me and told me that the lights were cut off. We called the utility company and they told us the landlord came and told them to shut it off and that no one lived there. We told them we still lived there and they came back out and turned it back on. Then on yesterday, the landlord came over while I was at work and my kids were at school and put a for rent sign on the lawn. Today, my daughter calls me and tells me that she can't get into the driveway because there are people there looking at the house to rent. I have not been served with eviction papers and I need to know what recourse do I have here? Please help me!

Terri

A: You can solve all your problems very easily: Pay the rent. Your insane landlord will suddenly stop acting like a lunatic and return to the normal human being you first met. It's like magic.

Published 2013-01-22

Dear Mr. Reno:
My tenant rent was due on 1/5/2013. On 1/15/2013 I placed notice on his door that I will begin eviction process. I also noted on the door that he violated the lease because it seems as if he abandoned the property. On 1/16/2013, I was advised that my tenant is arrested. Rather than wasting money to begin the eviction process, can I have his brother sign a release to the lease to also take his personal belongings?
I appreciate your response.
Thank you,

Stephanie, PA

A: Oh boy. You are on dangerous grounds there, Steph. Does the Bro have Power of Attorney? If not, you're leaving yourself open for an illegal lockout. This "shortcut" will save you time & money, but there's a risk.

Published 2013-01-16

Dear Mr. Reno:
Im a landlord in Beverly Hills, CA (of a duplex). I want to transition from a year lease to month to month with my tenants and am wondering if I need to submit a new lease to them? and if I need to give them 30 days notice?
Thanks so much for your help

Nicole, CA

A: That's odd. But if you insist, let the lease expire then, don't renew it. All the terms of your written lease will continue, by operation of law, but on a month to month basis.

Dear Mr. Reno:
When my dad became very ill my sister asked me if my parents can move into my home. I had a finished basement with bath and summer kitchen. We had an agreement that he can help out by paying bills. Whe the bill came my sister would automatically deposit money in my account on my father’s behalf. Dad health kept going downhill for over 10 years and he passed away about a year ago. My mom asked if she could stay and we agreed to let her temporarily stay. When we asked her to leave in June she refused, she put locks on the doors and would not allow access to the basement areas. She caused many problems for us withthe zoning official stating we converted our basement to an apt., she called police and made false claims. After we hired a lawyer she began to look for an apt. and she left on Nov. 14. She trashed the place, left it fility with garbage and left my dad’s ashes in a foam cooler and would not give us keys so we can enter apt. She plays the victim and says take me to court, they will not do anything to a woman in the wheelchair. Can I take her to court and get some money for all the damages???

Karen B.

A: She's your mother! Treat her like one. Also, Get a life. (mom's obviously off the deep end.)

Published 2013-01-15

Dear Mr. Reno:
I just purchased a rental property with a non paying tenant who does not have any utilities on. The lease i have from the previous landlord ends in July. I have sent him a letter that states he has 14 day to pay or i will start the eviction process. Is this the correct process or can i do something to get him out sooner?Thanks

Wade KY

A: You're on the right track. You stand in the shoes of your predecessor. He would be evicting for non-pay, so should you.

Published 2013-01-11

Dear Mr. Reno:
Can I charge a tenant the cost to replace garage door openers and gate openers that he did not leave when he turned in his keys? It is not addressed in my lease.

Bonnie Hoag, CO

A: As Obama would say "Yes We Can." (Deduct, from security.)

Security Settlement Statement

Published 2013-01-10

Dear Mr. Reno:
My question is this I have a tenant now for almost 3 years (March will make 3 years) Since Nov 01 2012 I haven't received rent Lease expired in March 2012 (2 year) It all started when she got a dog without asking (says in lease& application no pets) When I questioned her she stopped paying rent ha sent paid me rent since Lat month she supposedly fell in driveway throwing out garbage ( DEC 21 2102 )
Went hospital for 4-5 hours release minor cuts and strain on wrist What's my options and plan to remove ASAP and does she have a case? she's on disability and has a trust fund( $100,000+)

I reside in New York and property is in Staten Island NY 2 Family home Please let me know options as well should need any other information feel free to call me
thanking you in advance

Aniello, NY

A: This is really just a simple nonpayment case. The fall is irrelevant. If she sues, your homeowners ins. takes over. Maybe you had a case once on the pets, but she's made it much easier. Now it's a non-payment eviction.

Published 2013-01-09

Dear Mr. Reno:
I have an apartment in NJ that I rented to a woman. She signed the contract, but she put her son’s name on the contract as occupant. He is 18 and wasn’t present when his mother and I signed the contract. She was paying the rent fine for the first 3 months and then started paying the rent late + the late fee, but I didn’t like that and started giving her notices (Notice to cease late payments). In November she only paid partially and didn’t pay the rent for December. I filed a eviction complaint (per se) for nonpayment and additional reason habitual lateness of payments. I attached 3 of the notices to the complaint as per NJ requirements. In the complaint I put her name and her sons name since he is over 18. Not sure if I had to, but read somewhere that all people that live in the property have to be evicted.

The problem I have is that his mother mentioned that he is enlisting in the army. Probably already enlisted, but I was never properly notified. A lawyer advised me to file a motion with the court to remove him from the complaint since his mother had no power of attorney to sign his name on the contract. So basically he should be treated as occupant. My question is should I file the motion and exclude him as a defendant or I should be evicting him as well. In NJ it gets complicated if a tenant is serving in the military. Even if I win the eviction I won’t be able to file the Certification by Landlord because one of the points says:

“7.The tenant is not in the military service of the United State nor any of its allies, nor is the premises used for dwelling purposes of the spouse, a child or other dependent of a person in the military service of the United States.” Btw the lease expires on 2/28/2013 and I want her out. The court date is 1/18/2013. Please advise me of how should I proceed. I will be very grateful!
Best regards,

Plamen Prodanov, NJ

A: File the motion. He's not the tenant. (In NY we call him a "sub-tenant" or "undertenant" you say "occupant") Whatever- he never signed & probably never paid rent

Dear Mr. Reno:
I have a commercial office space shared by 3 tenants who are all on the lease. They each pay 1/3 of the rent and one tenant is usually on time and the other two are a week or two late, but they pay the late fee.
Partial payments of 1/3 isn't on the lease, but I accept it for their convenience.

For December 2012, I only received 1/3 from the more responsible tenant. The other 2/3 have yet to arrive between the two other parties.

Another 1/3 of the rent came in January 2013 from the more responsible tenant. All 3 tenants don't work together at the same time or run into each other....they probably don't communicate much either.

From my understanding, this 1/3 that arrived in January 2013 will be applied towards the December 2012 balance. Which leaves 1/3 rent outstanding plus a late fee for December 2012 and all of January 2013 + late fee due.
Despite several emails/calls, I don't get replies or call backs.

Additionally the whole 3rd Floor has been leased recently by one of the less responsible persons from the 2nd Floor and this tenant is late for Dec 2012 and Dec 2013 under a completely separate lease.
Is their any difference on pay or quit / eviction process for office commercial for Baltimore city Maryland. I'm familiar with residential and the necessary steps, however with commercial can I do things (evict) more aggressively? In Maryland can I just lock them out?

I plan of posting a pay or quit to the door of the 2nd Floor listing all 3 tenants and the door of the 3rd Floor listing the one tenant in the next two days.
Thanks

Aizad Dasti, Maryland

A: You're on the right track. You may have to evict them all even though one is paying. That's a shame. But you can't short circuit the process because it's commercial. Same steps apply here.

Published 2013-01-08

Dear Mr. Reno:
If a military person has orders to relocate in June can they get out of their lease in February.

Darlene, NY

A: No. You'll break the lease. (Why can't you wait until May? Have you talked to the LL? Maybe he's patriotic?)

Dear Mr. Reno:
I think request for jury by tenant who owes months of back rent as a tool to ask for many more months of free rent is an extortion. I just went through a this and accepted settlement to avoid high cost of jury trial. What can a landlord do to avoid this extortion.

P.S. We have limited attorney fees $500.00 and had all paperwork such as notices and work orders in place and don't think we would have lost if went to trial. Please help
Sincerely,

Suki Sangha

A: That happened to me one time. The lawyer for the tenant was a student being supervised by legal aid to frustrate evictions. It's the exploitation of a quirk in the law. But, thankfully, very rarely done.

Published 2013-01-07

Dear Mr. Reno:
Hi, I own and rent out a condo in a HOA. My tenants have paid their rent on time for the last two years. They are not the issue, the HOA is...our building runs on a centralized air chiller...and for the last 2 yrs its been broke for this and that...and so on...my question is.. can they sue me for unlawful living conditions?? The temp in condo during the summer won't drop under 90. I've done everything in my power to make them comfortable, I've bought portable ACs, I bought fans, I even switched out the air handler in my unit. The HOA says they will have chiller fixed in the fall. And they cant afford to move. Can I sue HOA for loss of rent cause I'm unable to raise rent on my tenants... Please help,

Nick in Phoenix, AZ

A: I doubt it, but try it, if you want. There may be fine print in the condo docs preventing it. You'ld have to ask a condo expert.

Dear Mr. Reno:
My tenant is lying about damage to garage door. She did not report and she says she has no idea how it got bashed in. I have witness saying her husband tried to bang out the door (unauthorized repair)? I have the signed move in inspection form noting garage ok. I have pictures of damage. I have an estimate for repair costs to return to original condition (replace two busted panels not entire garage). I have before picture but that was taken two months prior to move in. I also have ridiculous email from her saying "how do I know you didn't do it just to be vindictive?". Will i win my case in small claims? (assuming of course I can track her down!!!)
Thank you,

Tiffany, Vermont

A: You say you have witnesses, but will they show up? That's crucial. Otherwise, if it's your word against their's, you'll lose.

Published 2013-01-04

Dear Mr. Reno:
Background information;
I have 24 acres of property in Ohio that I permitted a friend to hunt deer on. My home also sits on this property but house and yard only occupy about an acre. He has hunted there 13 seasons, and has used this land throughout these years for various other activities, to include hunting, camping, ATV riding. I have always permitted him to use the land without ever making him pay any rent for the use or even check in with me when using the property. He has done a lot of work to the land and planted food crops and mineral supplements to improve the health of the wild life on the land. He has also constructed ATV riding trails on the property.
On this land he placed a tent and kept it up from 2003 until 2006 when he put a camper on the property and set up a permit camp site that he would use at his leisure. In 2004 he build a permanent structure on the property consisting of a wooded shed on 4X4 poles concreted into the ground. He also put up a garage constructed from canvas and aluminum poles which he keeps his personally owned property such as his “ATV”, a trailer to haul the “ATV, a trailer to be pulled by the “ATV”, and a trail mower. These items area kept here year round. He has constructed hunting blinds and placed permanent hunting stands through the wooded hunting area of the property. The first of which was placed in 1999.
I let him have exclusive control since 1999 on who could enter and use this property with the exception of my house and yard.
This hunting season he pissed me off and I told him he was no longer welcome to use the property and to remove his camper. I want to keep everything except his personally titled items like his camper, ATV and trailer. He has not complied with my request to remove his personal property from my land yet. He claims he has no way to move it right now, and he has no place to move it to since he only got these things to use here on my land.
My questions
What rights does he have to continue to use the property to hunt, camp, and ride his “ATV’ on. Such as squatter type rights since I let him act as if he owned the place for so long of a period of time.

If I have the right to simply tell him to get off and how much time does he have to comply before I can remove his property myself. Do I have to file anything in court to remove him since we never had any lease and I never charged him rent? Can I stop him from removing the items that don’t have state titles and if he does not remove his personally titled items soon I want to ensure I have the right to remove them myself to include the camper if I so choose to have it towed to an impound lot.

Sorry the background information was so long but I wanted to insure a complete background for a complete answer. Thank you so much for your help!

Jack Johnson, Ohio

A: It depends. To reside or not to reside, that is the question. Does he "live" there? Is it a residence? I think not- but you tell me. I say, he's an unwelcomed guest, an "invitee" but no longer invited. You can kick him out tomorrow. But there's a risk. He'll say it's an alternate residence. Its not all black & white. It's Grey. To be safe, give him a 30 days written notice.

Dear Mr. Reno:
Hello I have tenants who have stayed past their eviction date. I have a court hearing on Jan 3rd. In addition to non payment of rent they are violating the lease with other roommates. I don't know how to prove it. I see them there. They moved the electrical into one of their names. The power company is not helping with any information. What rights do I have to that information. Can I restrict who can sign up for utilities?

Richard F.

A: That's a losing battle. After, the eviction, you can proceed against the deadbeat for further damages in small claims court.

Published 2013-01-02

Dear Mr. Reno:
Tenant was two months in arrears leading up to his lease expiration. He was served non renewal papers on time and per lease. He refuses to leave. We have filed for eviction, however can I charge him holdover rent in addition to the two months if it is not specified in the lease?
Thanks

Alex, Pennsylvania

A: That is a very complicated issue because basically the answer is "yes you can" but you don't want to inadvertently reinstate the lease that you're trying to cancel. Wait for court & tell the judge you're now seeking unpaid rent from after you filed. Let him add it on.

Published 2012-12-31

Dear Mr. Reno:
My 41yr old tenant died of a stroke, leaving behind her 19 yr old daughter, unemployed and not real stable, and her boyfriend in the house through December( the rent was paid thru december). She has a 6 month old baby, but the baby isn't living there right now. They seem to be willing to leave on Dec 31st, but if they do not leave willingly, are they considered trespassing by JAN 1st as I have no lease agreement with either of them? Or do I have to go through the whole legal process of eviction even though these are not my tenants?

Diane F., Rhode Island

A: Sorry Diane. They are not, nor will they ever be, "trespassers" (ie you can't shoot them!) They are subtenants or invitees of the deceased. This is a problem. If they don't leave, you're going to need to serve a notice and probably a local attorney. Sorry.

Published 2012-12-27

Dear Mr. Reno:
6 months ago I leased a house to a tenant and 3 children as listed on the renter's permit by the city as well as the lease clearly stating the names of the tenant with 3 children and not the foregoing mentioned "babysitter". The lease expires in 6 months.
Since that time; the tenant has provided the rental to an overnight "babysitter" as well as herself and her 3 children.
I am not happy with this situation.
Any sensible recourse for me, the landlord?

Stanley M.

A: Not so much. Take the rent. When the lease expires, if you're still wanting to end it, then you can not renew it and evict them.

Published 2012-12-26

Dear Mr. Reno:
I'm in New York State and I accept the section 8 voucher program. The tenant had moved in prior to the Housing Authority inspection so the Housing Authority said that they would not pay until the inspection way passed. I passed inspection and now, the Housing Authority wants me to re-date the that currently Lease to the date of the inspection.

However, there would be no real big problem with me re-dating the lease if the tenant didn't owe me money because she was unable to come up with the first months rent; security deposit was okay. I know, I should not have accepted her without the security deposit and the rent. This one time I made an exception because my wife asked me to. Normally, it's just business for me.

Anyway, the question is do I have to re-date my lease and if I do how do I collect the missing rent? originally, I gave the tenant a promissory note that would give her a certain period of time to pay. This note I got from this website. The current promissory note evicts but I don't think I'll be able to do that because she's will bet on another dated lease or will be.

If I do have to re-date the lease how do I secure the money?
Any help would be greatly appreciated. I'm on a time limit here. :-)

James S., NY

A: For starters, Section 8 obviously has no intention of paying anything prior to the date of inspection, so you can just forget that portion of the rent. As for the tenant's portion and the security, you could commence a non-payment (eviction) proceeding- but is it worth it? The redated lease wont make it impossible but will complicate it. Is it worth a big fight and the loss of rent and a vacant unit over this? Probably not.

Another option is you could go to small claims court which will not result in an eviction but only a money judgment which may or may not be collectable. Another lousy scenario.

Final option, just keep sending invoices and letters demanding payment & maybe the tenants will cough it up at some point: Three lousy options. Pick your poison.

Published 2012-12-20

Dear Mr. Reno:
I have evicted my tenant for not paying rent. We went to court and the judgement was in my favor. Next, I supoena the tenant for over $2400.00 worth of damages he caused. I had one copy served to the housing authority that paid the majority of his rent and one copy served to the tenant. At the court I was told that the housing authority did not respond and the address where I sent the tenant's copy was not accepted because he no longer lived there. I have 90 days and no idea how to locate this person. What can I do at this point?
Thanks,

Linda

A: The surf is up! I've found some judges allow you to serve the tenant at his last known address (your house) but other's don't. You'll need to find'em. Time to surf the net. Good luck!

Dear Mr. Reno:
Hello i leased an apartment with my name only all the bills etc are in my name however i had to move for several reasons so i subleased it to two people with contracts, now they are not paying the rent or the bills and the contract says that i can tell them to leave whenever esp if i get any calls from the leasing office then i gave them ample time to pay and still no payment so i gave them a two day notice is this illegal?

Stephannie, GA

A: That's a non-starter. First of all, where did you get "2 day"? I never heard of that. If they leave voluntarily, that's fine, but if they don't, you'll need court, & I doubt that 2 day notice will hold up. They'll probably make you give 30, & I'm assuming there's no lease.

Published 2012-12-19

Dear Mr. Reno:
I am managing a couple of duplexes for my sister. I sign the leases, make repairs, etc. The tenants in one unit have abandoned the property, turned off the power, etc. but left owing too large a debt. Since they are gone, should we sue in "small claims court"?

Secondly, what do we need to do for me to sue on my sister's behalf? Will a limited power of attorney be sufficient?

Thank you so much for your service here at LPA!

Olin

A: Firstly: Yes.
Secondly: Oh boy. What do you mean you "sign the leases?" Are they in your name or hers? If you're listed as the landlord, you can sue since you're in contract with her. But if your sister's the landlord, she has to sue.

Dear Mr. Reno:
I am having lots of problems with a renter and his 10 page email demands and threats every week..he has only been there a month and is a pain complaining about dirty cabinets that he has to clean-ants on the sink refrigerator to noisy--bathroom fan to noisy, all of which are functioning properly and common problems with everybody in a home.. i have gave him an 30 day eviction notice which im sure he will not due as he seems to be a squatter/lodger trying to take advantage of free rent till he gets forced out--however he is very educated on tenant law and flashes his civil code laws at me as threats to deduct what he decides to fix off the rent.. we tried to make several attempts with inspection notices because of his complaints.. When we arrived he would not let us in because he said he was threatened by us--- he closed the door--we used our keys to enter because we had proper notification..But he changed all the locks on us without notice..after getting the police to come we still couldnt get in as he denied entry..finally when we were able to enter after promising replacement of a noisy fridge. during the exchange he had a loaded gun in sight on the kitchen counter definitely to scare us..
Anyways i am not sure what grounds for eviction to use because he is a pain in the ass problem case..all within first month on what he has done--we want him out but he has knowledge of tenant law that he will present with the judge and i am worried..due i have the right with proper documentation to just evict because i am the owner and have major problem confrontation issues about everything from tenant
Can you help on what to do after i file with court with unlawful detainer

GG

A: That was a very entertaining story (with threats of violence and everything) but you left out the most important fact: What about the lease? (or did I miss it?) Well, if there's a lease, you're stuck with him until he stops paying. If there's no lease, you can evict on the 30 day notice. I would have waited till he defaulted, but since you served the 30 day, you might was well go ahead- but if there's a lease: dom-di-dum-dum.

Published 2012-12-18

Dear Mr. Reno:
I live in an adult community of 700 independently owned homes with common grounds and monthly maintenance fees. There is one individual who is constantly suing the community organization for everything he deems wrong. It has cost the community over $80,000 in lawyer’s and other fee’s thereby increasing our monthly maintenance fees. We want to evict this person from his own home in this community. Is that possible?

Dan, NY

A: If he has a lease, not really. You haven't given me any grounds. Is he in default in some way?

Dear Mr. Reno:
I am short selling my duplex. There is a tenant in the property that I have started the eviction process but I want to settle before the actual process is completed.
The buyer will accept the tenant as long as the eviction process has started. Will the courts recognize my eviction process to the new buyer…? If I wait I will lose money from the bank that is being given to me as an incentive to sell my property in short sale. Does the new buyer have to initiate the eviction process or will my suit carry forward to the new buyer?
Thank you

Larry Sarlo, New Jersey

A: I just had this question last week. You can assign your rights to the eviction to the buyer so the buyer can take it over. The buyer shouldn't have to start all over. But you'll probably need a lawyer to prepare an assignment that the court will recognize.

Published 2012-12-17

Dear Mr. Reno:
A tenant in my rental property says: "I want to start up my small business, Quest Test Preparation, LLC (an SAT tutoring company) this month",

She also said:
"I made clear in my business application that I have a PO Box for all my business mail, and the tutoring would *never* take place in the home (= liability), and instead would be at the Lodge or in a classroom or church, but in order for me to use an upstairs office for administrative details (printing materials, storage of books) I would need a letter signed and dated from you giving me permission to operate this business."

Do you see any problem to give her a written permission to do it?
I am in Los Alamos, New Mexico.
Thank you

Qisu Zou, NM

A: You have to check the zoning, is it zoned for commercial- probably not. You should check with town or village hall first. If they're ok with it, then I'm ok with it. Problem: You may not get a straight answer from them, but it can't hurt to ask.

Published 2012-12-13

Dear Mr. Reno:
I have filed eviction for a tenant for none payment rent. They did make partial payment using direct deposit to my bank account that is how they pay their rent normally . I need to get my full rent or to get them out. they are in month to lease. Can I still go to court in this situation in the state of Indiana ?

Dave from Indiana

A: Yes you can. They're still in default (I guess they made the mistake of thinking if they made a partial payment, they would be only "partially" evicted?)

Published 2012-12-11

Dear Mr. Reno:
I am short selling my duplex. There is a tenant in the property that I have started the eviction process but I want to settle before the actual process is completed.
The buyer will accept the tenant as long as the eviction process has started. Will the courts recognize my eviction process to the new buyer…? If I wait I will lose money from the bank that is being given to me as an incentive to sell my property in short sale. Does the new buyer have to initiate the eviction process or will my suit carry forward to the new buyer?
Thank you

Larry S., New Jersey

A: 1. Yes.
2. Yes.
3. No.
4. Yes
You sign a paper at the closing assigning your rights to the eviction to the buyer.

Dear Mr. Reno:
I own a mobile home park in Berkeley County, WV. when I purchased it, there was an existing tenant/mobile home who was arrested. I have never collected rent from him, nor do I have a lease between he and my company, only the inherited lease from the seller. no relatives have made any claims to the mobile home and, of course, no one has made lot payments on it. it has been more than 2 years.

is there a statue of limitations when the mobile home becomes mine?
I do not have possession of the title, nor can I find a VIN # on the mobile home. If I "inherited" this mobile home due to abandonment, how do I go about getting a replacement title if i want to sell the mobile home? it would require a re-issuance of a new VIN #. the DMV is clueless, the sheriff's office is clueless on abandonment. there does not seem to be proper channels for direction.
the landlord-tenant law link for WV is only geared towards tenants thank you in advance for your time.

Fran, WV

A: "Finders Keepers Losers Weepers" only works in fairy tales. You can't acquire legal title. You can use it, probably forever, and no one will stop you. But you'll never legally own it.

Dear Mr. Reno:
Can a landlord evict tenant if apartment is illegal, but not known to be or reported?
Thank you

HL

A: Yes, we do it every day. There's one catch: If it's illegal, sometimes the judge won't give a money judgment for arrears.

Published 2012-12-10

Dear Mr. Reno:
I have a rental property in Chicago, I owned the place /share with 2 other investors. We have 2 tenants. Tenant one who lives on first floor. She has been renting first floor and basement with 3 daughters for 5 years. Tenant two who lives above tenant one just moved recently. We lost two previous tenant due to issues or could not get along with tenant one. Tenant one is under section 8. What we should do to evict tenant one?
Thank you.

Shaun Shoaee

A: If you're looking to break the lease over this, forget it. That'll be a bunch of "he said/she said" stuff. Just wait for the lease to expire, and don't renew it. Don't even give a reason.

Dear Mr. Reno:
I am a member of thelpa.com
My property is in New Jersey. My past tenant filed a law suit on me saying that I deducted extra amount from his security deposit than is lawfully allowed, and is claiming $5k in damages plus attorney costs. He broke more items than what the security deposit pays.

Property is in Jersey City, and he filed case in Hudson county. I live is Middlesex county. According to the following instructions from NJ court website, they need to file the suit in the county where I live (defendant). But they filed in the county where property is. Please see below.

>>
http://www.judiciary.state.nj.us/civil/civ-02.htm#WhereSC WHERE TO FILE A CLAIM A complaint must be filed in the Office of the Special Civil Part of the county where at least one defendant lives or where the defendant's business is located. A business defendant is considered located in a county wherever it is actually doing business or in the county where its registered office is located. If there is more than one defendant, the complaint can be filed in the county where any one of the defendants lives or is located. If none of the defendants lives or is located in New Jersey, the complaint must be filed in the county where the cause of the complaint occurred. >>

Can I request the court for dismissal of this case based on grounds of filing in wrong county?

Thanks much,Raju

Raju

A: You appear to be correct! I'm surprised the clerk didn't kick it. Guess you'll have to file an answer and raise this as a defense.

Dear Mr. Reno:
My question is: can a landlord deduct early termination rents owe from the tenants’ security deposit? we rent out our home to a tenant with a family. Two weeks ago, the house got on fire with the tenant’s teenage daughter at home and damaged one of the bedrooms. Now, the tenant claimed that they can get out the lease because the damage. There is a clause in the standard lease that said that if there is no fault of the tenants with the fire, then, they can decide to leave. However, we don’t know the cause of fire yet and per the fire inspector from our insurance company, our house did not cause the fire. It was caused by human. We have one year lease and they only lived there for 4 months. Can we deduct the remaining rents owe to us from the security deposit which will be only enough for one month’s rent? thanks.

Ellen C

A: If the damage is substantial enough to justify the tenant leaving, then you can't make them pay for lost rent. You'll never prove the fire was their fault- so don't even try. (You can still deduct the normal cost of repairs from the security- if applicable.)

Published 2012-12-03

Dear Mr. Reno:
I'm presently in the process of purchasing a Bar & Restaurant in New York State. The establishment has been closed for 3 years. There is presently several vending amusement games on site. Under NYS's abandoned property laws, who is the rightful owner of these devises? The vending company or the owner of the property. Thanks,

Rick

A: Most bars don't own these machines. The mafia, oh no, sorry, forget I said that: Some organizations provide them free and take a cut of the revenue. Don't mess with them. Find out who owned them and return them.

Published 2012-11-30

Dear Mr. Reno:
I live in California with my brother, mother and my brothers girlfriend. My brother and his girl friend are extremely argumentative. In one argument I had my brother he picked up a large butcher knife and threaten to stab me with it, he later during the same argument told me he would buy a gun and then we would see what would happen. After dropping the knife we continued arguing and he then pick up a very large metal object charged across the room with it towards me and only stopped because my mother was in the way. He also told me he had a sword downstairs that he was going to get. For a week he called me a bully for arguing with him. It took him 3 months to apologize for this.

He has a 1/2 roltweiler and german Shepard that has bitten me on a number of occasions usually when I am playing with him but a number of times when I have not. I am tired of the dog biting me. I avoid the dog now.

He also is selling very large amounts of marijuana that he makes in the house. I am tired of thinking I might get in trouble for his operation and just want him gone.

My question is what is the easiest way to evict him? I just want to call the cops and have him gone because I am honestly not feeling safe with him in the house both physically and for legal reasons.
I own the house but he has no lease contract.
Thanks for your advice.

Want to evict brother in CA

A: This process will take several weeks and how are you going to peacefully coexist in the same house? This may sound strange, but you may need to rent an apartment somewhere for 2 or 3 months. Then you can evict him. You try evicting this nutcase while you're there it's gonna be a blood bath. He's a time bomb waiting to go off.

Dear Mr. Reno:
I have allowed a bad for me situation to continue. A couple said they were going to buy my rental house. At the time they were known to me for years and I considered them friends. I let them in to paint house before settlement. They were denied the mortgage and are in my house. They have no lease to be there. House is in Pennsylvania. How do I get them out?

Wayne Boeck, PA

A: Sounds like they've been there a while, probably more than 30 days. You'll have to give them a written notice, wait ten to thirty days (depends on local rule & situation) and then evict as unwelcome guests. This is tricky- you'll need a local attorney. Probably run you about a grand. Good luck.

Dear Mr. Reno:
My questions is: I rent a small apartment that is attached to my house, Heat is not included in the rent. We changed the heat over to natural gas from oil. 2 weeks ago we tried to put the last of the furnance together, and the tenant said if it was going to make noise to finish it she didn't want heat. Now they are trying to deduct money from the rent to pay the light bill because they have been using electric heaters. We were told we have until November 15th to get the heat going is this true? Also can they deduct from the rent, and last If they can or not deduct the rent what do we do about them telling us they didn't want the heat if it's going to make noise to do it.
Thank you

Jo, NH

A: If there's no lease, serve a 30 day notice. Relationship isn't working. If there is a lease, start an eviction for nonpayment. I don't think they are allowed the deduction.

Published 2012-11-27

Dear Mr. Reno:
I recently sold a rental property to another landlord. I had used an LPA state of SC specific lease. I passed he security deposit and lease on to the new landlord and informed the tenant. The tenant has not paid November rent and the new landlord is not sure if he can enforce the lease or if the tenant will challenge the lease if he goes to evict. Can they demand their deposit back based purely on change of ownership? Is there an additional language that I should add to future leases on my properties that would make protect me and assure the new landlord that he has an enforceable lease.

Steve in Greenville SC

A: The lease is enforceable. There's nothing preventing a landlord from selling, as long as the new landlord abides by the lease. If this tenant thinks that gives him the right to not pay, he'll find out the hard way he's wrong.

Published 2012-11-16

Dear Mr. Reno:
I live in brooklyn NY i have a tenant who move out oct 1 but left some thing in the apt. i spoke to her she told me she is going to get them out but its more than 30 days what do i do

eustace, NY

A: Give her 60 (another 30 days.) Then, dumpster.

Dear Mr. Reno:
My son and his now ex-girlfriend are living in a townhome owned by my husband and me. His ex-girlfriend refuses to move out, neither have ever paid rent. They have dated on and off for about 6 months. She refuses to get a job or contribute anything. What can we do legally to move her out of The townhome.

Diane M., Florida

A: What are you waiting for? Serve a 30 day Notice to vacate, then court.

Dear Mr. Reno:
My landlord threatening us to be evicted, because we have dish outside of the balcony. Can they do it or not? We signed lease contract with Dish network, if we cancel it, there is huge fee to pay. We can’t put Dish inside, there is no signal.

Our previous landlord (same apartments) allowed everybody to do so, if needed, as long you don’t make a holes in the building or on the roof. Less than year ago apartments were bought out by different management. There are a lot of people have dish outside, they going to evict us all?
Please advise. We pay on time ALWAYS, very quiet, no pets or kids, etc. Dish is not on walking path , nobody would walk that close to our balcony…

Olesya, State of Nevada, Las Vegas

A: I think they're bluffing. If you're paying the rent on time, I doubt they would evict you, and legally, they probably can't, at least not until the lease expires.

Dear Mr. Reno:
I had a couple rent out an apartment from me and they are breaking the lease because they got in a fight. One moved out right away, the other is stating that he is moving out but he wants the security deposit back or his half of the deposit. He states if it is returned to her he will not get money back and he wont move out. I need to know what to do, I am trying to rent it out for Nov 1st.

Tara, NJ

A: It depends how you got it. If its a lease in both names, you give a check to both. Let them figure it out. You can't split the security deposit unless they sign off.

Published 2012-11-06

Dear Mr. Reno:
Hi there, would you be able to assist me with an eviction in long beach. Tenant pays rent on time, but they altered my premises. They added an interior soundproof window without my permission in my condo. They claim it is removable and all it is a few screws in the wall but I did not give them permission to do so. Any advice or how to move forward would be appreciated.

Brandon F., NY

A: Long Beach is Nassau, correct? Yes, I can help you, but if the rent is current, what are the grounds? You want me to declare a default under the lease? Is that covered? Give me a call 631-667-RENO.

Dear Mr. Reno:
Hello my name is . I rent rooms in my home where I also reside. I recently evicted a tenant for conducting illegal acts in my home.
The question I have is since the eviction occurred in the middle of the month do I owe him rent money back? Or is it forfeited due to him breaching my lease? I should mention that I have a clause in my lease that states eviction is immediate if illegal activity occurs.
Thank you for your help

Carreen from Delaware

A: You collected rent for the month and then evicted the tenant half way thru the same month? That's impossible. The court's don't move that fast.

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