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 2010-09-16

Dear Mr. Reno:
Due to the deterioration of a rental mobile home, I have personally decided that it is uninhabitable for humans any longer. My problem is that a family that has been renting in the past, is occupying the property does not seem to want to leave,(I have not accepted any rent for September) they have a young daughter living there as well & I am concerned for the safety & health of all of them. How do I get them out so that I can start demolition of the property?

Brenda Brackin, Minnesota

A: Wait 'till the lease expires, then 30 day notice. Wow, these tenants, you're worried about are really lucky to have a landlord like you that cares about them. I'll bet they'll really appreciate it when they're on the street.

Published 2010-09-14

Dear Mr. Reno:
My name is Debbie Centro who has a 4 family house with a tenant has no lease - no rent control or regulations. If I want possession of the apartment (eviction) I hear that the judge will always ask the landlord to waive rent. Do I have to or can the judge say you have so much time, example 3 months, 6 months. I read the Landlord/Tenant guides and they say that a holdover, tenants have to pay rent. But once in court, the judge wants something else. Please advise. How much does a holdover case will be?
Thank you

Debbie Centro

A: They will at times give 2 to 6 mos, (Here in NY , no more than 4 mos.) but you don't necessarily have to waive rent. If the court wants you to give 6 mos, you should insist on rent. Stick to your guns.

Published 2010-09-12

Dear Mr. Reno:
I have tenants who had Water Softner/Purifier, etc. added to house and a Reverse Osmosis put in kitchen without authorization.
There is a well and septic on the premises. Their lease states that the tenant is responsible for all septic maintenance, including pumping. Tenant threatended me with lawsuit if I didn't take care of it, although he is liable for all maintenance on septic. (Septic overflowed after they had a large party). They were told septic would only carry 1 family when they moved in, which the admit. Plumber says tenant caused problem with too many people. I had septic pumped out to protect my property because tenants would not. When went to meet plumber, found unauthorized water filters. Backwash drains are just running under the house. "We didn't know any better" say tenants. How would you handle this? Plumber says field lines are probably stopped up due to commercial usage, and will have to be blown out, which is expensive. How would you handle this?? The tenants and I are still on good terms, but I have told them the owners have not decided what action to take yet. Waiting to see if have another plumbing problem, as plumber stated it may take a few weeks to see if field lines are stopped up? I am waiting also this before I give them a decision.
It is always the landlord's problem, isn't it????
Thanks,

Winnie Stearns, Texas

A: As a general rule, yes, plumbing is the landlord's problem. Do you have a plumbing stoppage or septic clause in your lease? See LPA Lease. You're complaining about the party? Will you tell the judge tenants shouldn't have a party? That seems just unamerican.

Give them a letter from your lawyer. Be specific. What is it exactly that you want them to do or not to do. Tell them if their problem persists, their lease won't be renewed.

Published 2010-09-08

Dear Mr. Reno:
My tenant wants to baby sit four children five days a week. I am worried about insurance liability not to mention damage to my house. My lease does not address this so whwer do I stand?

Carla, Alabama

A: Well as a general rule, if your lease doesn't prohibit it, then that means your tenant can do it, so now it's an insurance question which I'm not qualified to answer. You could send a certified letter to your carrier and advise them. They'll ignore it, but you'll have proof you notified them which may come in handy if an incident arises.

Dear Mr. Reno:
My town and county do not have a rent control law/statute. I want to evict my month to month tenant for failure to pay rent. My attorney says that if we go to court, the court will allow the tenant to pay the back rent. However, I must absorb the lawyer's fee. Therefore, the tenant can again fail to pay rent, and the cycle will begin again. Can I evict the tenant after one month's notice?
Many thanks

Herman J. White, New Jersey

A: Yes, my friend you have stumbled upon the solution. The other alternative is to write a rental agreement that says they pay the lawyer. Then till then, "Sign this, or you'll get a 30 day notice."

Published 2010-09-07

Dear Mr. Reno:
I have a property management company. Can we have certain properties that allow low income gov housing and even a 4 plex and allow 1 unit and not others? Basically can we discriminate who we put in homes? Thanks

Cheryl Lawson, AZ

A: That's 2 questions in a row I don't understand. You cannot discriminate based in a race, color, national origin, creed, sex, martial status, physical handicap, or sexual orientation, in some places but when you say "properties that allow low income gov housing and in a 4 plex" I don't know what that means.

Published 2010-09-03

Dear Mr. Reno:
My tenant was given 10 business days to pay up back rent and legal fees and hasn't paid. What is the normal procedure after the court is notified that he hasn't paid?

Samanthae Smith, New York

A: A court date is scheduled (usually you pick it) and then the tenant either pays or gets evicted - but that's the short version. There are many twists and turns but could you be more specific about what your asking?

Published 2010-09-02

Dear Mr. Reno:
When renting a resident unit for a company's employee. Is it more risky than renting to personal since we can do credit check. If the company is a LLC and start up company, are there any method to protect the landlord getting rent? Thank you,

Janice Asaka

A: That’s the whole idea. That’s why they incorporate - to have no personal liability. Tell them you want the principal to "guarantee" the debt. (there’s a place on most leases when they give their personal guarantees.)

Dear Mr. Reno:
We rent out individual rooms in what was once a single family dwelling, then a fraternity house. Our rental agreement specifies that tenants adhere to "House Rules", which are posted both in the individual rooms and in the common areas. The rules contain some "soft" provisions such as treating other tenants with respect and not violating other tenants' "right to quiet enjoyment", a legal term that can cut many ways in Berkeley.
We have a tenant who, in the past, yelled at other tenants and treated them with disrespect. These complaints always came down to "he said, she said" situations as we have no "official" day-to-day presence in the house and these things never happened while I was visiting.
I'm forced to rely on some sort of heresay and, naturally, the "angry tenant's" story always refutes every element of the complainant's story, sometimes to the point of turning the angry tenant into the victim. Although I'm sure the angry tenant "loses it", I also think there might be some truth the the "angry tenant's" complaint that other tenants collude to trick him into acting out. I think this because, invariably, complaints take the form of three phone calls: the aggrieved tenant, then either the "offending" tenant or a "witness" who calls to "back up" the aggrieved tenant's story, then whichever party hasn't yet called.
What level of "proof" do I need to write up the "angry tenant" for violating house rules? I need to be scrupulous about this because "write-ups" would be used to make a case that tenant has violated his lease agreement. Thanks,

Chris Brown, Berkeley, Ca

A: I think this is the wrong approach. If you want to send a "shape up or ship out" letter, that's fine, but don't think you're going to evict on that basis. Evictions for fault are the hardest evictions and you'll never prove your case especially when it's for "he said - she said" nonsense like this. Solution: Keep the leases shorts preferably month to month. When you decide someone's got to go, just give a 30 day notice to vacate with no reason given.
That way, you make the final decision, instead of a judge.

Dear Mr. Reno:
Keys were not given back to Landlord for 6 days after they claim they moved out . I charged them rent against their deposit until the keys arrived (they changed the locks and I couldn't access property) THey are contesting the holding of 6 days of rent. Am I in the right to whithold the additiondal days rent?

Margaret Lowery, Miami, Florida

A: Oh, that's a close call; I'm with you, but it probably depends on the judge. All of my property manager clients say they don't have possession and can charge rent, until they get the keys. I wouldn't want to try it for 3 mos. rent, but you're only seeking 6 days. I've never seen it tried in a court, but my money's on you.

Published 2010-09-01

Dear Mr. Reno:
I stated the 21 day security deposit with the list of damages and read as such. June rent $425.00 Credit security deposi -$425.00
Is this considered a legal response.

Mary, Wisconsin

A: I don't get it. Are you deducting $425 from the security? Based on what?

Published 2010-08-26

Dear Mr. Reno:
My tenants want out of the lease 8 months early. What is the best way to handle this? thank you.

Meredith Prisco, New Hampshire

A: First Re-rent. Then you calculate your loss of rent due to the broken lease. Maybe small claims court?

Dear Mr. Reno:
I rented my house to a tenant while I was in Afghanistan, who subsequently sublet the apartment to another friend four months ago, with my consent and not my approval, there was nothing in writing to this effect.,p> I am back from Afghanistan and will like to have my place back and I contact the Guy living there now and he has refused to leave and stated, even though I did not approve of him living my apartment and have no lease agreement with him, that he has right to stay in the apartment under the District of Columbia Land/Tenant Laws. The lease has expired in July 2010 and they owe over $700 in electric bill and I have been informed by the Utility company that I am responsible for this bill, if they refuse to pay.

How do I get them out of my apartment, when they do don't have a lease agreement with me and refuses to let me in the premises or can I call the call the police to help me get them out of my apartment, since they do not have no right to live in my apartment? Thank you.

Jay

A: This person is legally either a guest of your tenant or a subtenant. Either way, his right to be there is the same as your tenant's. Therefore, you evict him the same way you would evict your tenant. If he's not paying, a nonpayment eviction proceeding is usually the fastest. Even if the rent's being paid, you can still give a notice to vacate because the lease is up, but that takes longer.

Published 2010-08-25

Dear Mr. Reno:
You have a question in this months newsletter about a parent who co-signed for his daughter and you told him that he is stuck to pay the balance of the lease. Isn',t it true that if some one is evicted then the lease is then canceled and they no longer woe the balance of the lease because the landlord canceled the lease?

Here in Oneida the judge told me that if I evicted some one I can not collect and more rent on that unit, so the lease would then be no good and how could I go after the balance of the rent due on the lease?

Also if I re-rented the unit I could not collect rent form more than one tenant for the same month, so how can the landlord sue the parent for the balance of the rent on this lease, at least until the lease ended, in case he did re rent this unit.

On a business lease rental agreement, of 5 years, and going into thew 3rd year, can a landlord sue for the balance of the rent if he evicted the tenant first, for non payment of rent? again wouldn't he still have to wait until the store front was re rented before he could sue for the balance of the rent not collected?
doesn't an eviction by the landlord cancel the lease rental agreement?
Thank you,

Milt James, NY

A: Here's the deal. If the tenant gets kicked out for non payment, they're still liable for the lease, but you can't collect for lost rent if your re-rent, so that issue can't be resolved in eviction court - you have to bring a second proceeding later. (By the way - judge was wrong!)

Published 2010-08-24

Dear Mr. Reno:
I manage a 10 unit building that the city listed as a hotel the tenants are all residents living here for more than 30 days there are two common bathrooms one shower and a community kitchen we have a no visiter rule between 10 pm and 6am and a three day per month over night guest rule can I if put into the agreement charge a 10.00 a night visitor fee and visitors must check in with the manager I am in CA.

Gary, CA

A: I see no legal prohibition against this charge. Other than the fact that I've never heard of it, and your tenants won't agree to it, and it will be impossible to enforce (people will be sneaking in windows) and the fact that the courts will think you're crazy - other than that go right ahead.

Dear Mr. Reno:
I have a rental in Rochester, NY. When my last tenant left, my "property manager" would not clear my house of the tenant's debris for more than a month. This included furniture and clothes strewn all over the house. She claimed that laws in New York prevented her from throwing out the tenant's things for a month! Is it true that the landlord is hand-tied this way in New York?

Pat from California

A: I understand her dilemma. He was trying to avoid your getting sued by the tenant. She could also have put the items in storage, but maybe she wanted to avoid the expense and false claims by the tenant of theft or breakage. It's six of one or half a dozen of the other.

Published 2010-08-21

Dear Mr. Reno:
I received a letter of violation from Maryland Inspection Office with three violations, I corrected two, and is working on the third, which is the replacement of the entire central air system. I am retired and on fixed income, and cannot afford $6,000. I release my tenant from her lease, and the condo is vacant, I am working with a contractor to get the work done, now the Inspection Office states that they still want to inspect, although no one lives there, is this fair and what advice can you give me.

Helen Henson, Prince Georges, Maryland

A: Once the agency sinks its tentacles into your flesh, it doesn't let go until it's gotten what it wants or you're dead (or both). But if the unit is vacant, I'm sure they'll give you whatever extension of time you need (does that help?)

Dear Mr. Reno:
Can I be held liable for unpaid rent, repairs and any damages to the house if my signature wasn't on the last lease signed? My sister and I have lived together for the last 4 yrs and I had signed every lease but the last one, I was not home when the landlord came by. My sister didn't pay the last months rent wanting the deposit to be applied towards the rent. It isn't legal to do that in Georgia, per the landlord/owner. She still has refused to pay and there are repairs to be done (broken window, pet stains on the carpet, unmatched touch up paint color on the walls, scratched floor) Can I be held liable because I lived there if she doesn't pay?
Thanks for any assistance you can provide!

Charlotte Lynds, GA

A: I think you're still liable for the rent. Don't forget there is technically no legal requirement of any written document to establish that a rental agreement exists - and you have a history of a rental. Even though they may have an expired lease, I've evicted people with less. Maybe you should meet with the LL & your sis and try to resolve this?

Published 2010-08-20

Dear Mr. Reno:
I am holding a Mortgage for a buyer of one of my properties, however he has been behind in the tax for three years and besides they are two months behind on their mortgage payment. I would like to do a foreclosure on them but it will cost me over twelve hundred dollars in fees, is there an easier way to file through the court?

Claudia

A: You should consider yourself lucky. In NY it costs about $3,000 and takes up to 2 years. Anyway, get started. Hire an attorney. If you try, you might find someone who'll take no retainer or a small retainer and get the rest in the end.

Dear Mr. Reno:
Quick question. I did an inspection yesterday and my tenant was growing medical marijuana in the closet (he didn't make any physical alterations). It's legal here in Oregon to grow pot if you have your 'Medical Marijuana card' which he did. However, I'm not fine with this....how do I enforce it if it's technically legal!?

Kelly, Oregon

A: Enjoy the aroma! You are out of luck. (You could hint that his lease won't be renewed - but I'd be careful. IF he's got a card, then that's a disability (and you can't discriminate against the disabled). Oh and here's another thought: Some leases have a "noxious odors" clause. Does yours? Does he smoke in the home?

Dear Mr. Reno:
My home burnt down and my tenants lost a lot of belongings and refused to try and salvage the rest. They are suing me for the loss of their property now. I filed my deny of allegations. Can they win. They did not have renters insurance.

Kenneth Delaune, Louisiana

A: I won a 16,000 judgment against house burning tenants, but that's because they defaulted, which you have avoided, so good job there. The tenants have to prove you were negligent. How did it happen? Inquiring minds want to know.

Dear Mr. Reno:
I have a three story apartment which I recently had new carpet installed in the hallways and on the stairs. The carpet on the first floor and second floor stairs are in same condition as when installed, but the carpet on stairs leading to the third floor is showing signs of abuse (carpet showing signs of wear; looks like it has been on steps for years). Only third floor tenant uses this portion of stairs.

How do I approach tenant about the abuse of his portion of the carpet? Do I charge him an extra fee to have the carpet repaired or replaced? HE uses hallway and stairs to first and second floors also, so he knows there is no damage on them. Do I tell him now or wait until the carpet definitely has to be replaced?
Thank you in advance for your advice.

Edna Claire, Chester, PA

A: You can drop him a line. Suggest to him that his treatment of the rug will be considered at lease renewal time. (By the way- doesn't this only affect him? Why do you care?)

Published 2010-08-18

Dear Mr. Reno:
I have a rental in Rochester, NY. When my last tenant left, my "property manager" would not clear my house of the tenant's debris for more than a month. This included furniture and clothes strewn all over the house. She claimed that laws in New York prevented her from throwing out the tenant's things for a month! Is it true that the landlord is hand-tied this way in New York?

Pat from California

A: I understand her dilemma. He was trying to avoid your getting sued by the tenant. She could also have put the items in storage, but maybe she wanted to avoid the experience and false claims by the tenant of theft or breakage. It's six of one or half a dozen of the other.

Dear Mr. Reno:
Hi, I asked to get a 1 month extension on my lease. I live in Fairfield properties in Suffolk. They said I have to pay 40% of my rent in addition to my regular rent. I already pay more than the move in rate. I pay $1,415.00 per month for a 1 bdrm. That's $566.00 extra, do I really have to pay this, or can I just pay my regular rent? I wouldn't mind maybe $200.00, but $566.00 is way too much. I have been living here for 6 years and was never late once with my rent. I am a single parent with 2 kids, and cannot afford this along with the move. Is there anything I can do. I cannot move into the new place until 8/15/10. Thank you very much.

Elaine

A: I think they're bluffing. I think if you pay the old rent, nothing will happen. What are they gonna do start an eviction over $566. I think they're bluffing (but I could be wrong.) How lucky do you feel?

Dear Mr. Reno:
Can landlord not give back the deposit, if tenant who keep the property good, never late fee, give one month notice but move before the contract ?

simon from california

A: California, very strict about deposits. They'll fine you unless there are damages you can itemize. You can sue for breaking the lease but you can't keep the deposit unless your lease explicitly allows it.

Published 2010-08-17

Dear Mr. Reno:
My tenants lease will expired in August 31st, 2010. I know they won't leave and want me to take them to court so they can stay longer. I was going to do a holdover, but a landlord friend of mine told me not to do it because they can stay longer and they might get away with not paying rent. He then told me to wait two weeks after the lease expired and do a non-payment in which eventually they will get evicted faster and will leave owing money. Is this right? Which one should I do? Holdover? or Non-payment?

Juan Rivera, New York

A: Both approaches have their pitfalls. The nonpayment is faster, but that assumes they don't pay. What if they come to court and pay? By the way, would that be okay with you? If your objective is not losing rent, do the non payment and they'll either pay or leave. But if you want them out no matter what, do the holdover.

Published 2010-08-13

Dear Mr. Reno:
House lost to forclosure , and I have an eviction case in progress against a tenant. owes 4 months at this point, do I have the right to continue ? what do I do about the money owed. ? will small claims honor my claim of 4 months behind without an final eviction done? also I have not been contacted about who to send the deposit money to on the other good tenants, Thanks

Theresa

A: The eviction courts in my area will continue the eviction to a money judgment for rent owed even though you no longer own it. They say the Landlord - Tenant court has jurisdiction because you were renting at the time you started the eviction.

Other jurisdictions may kick you out of landlord/tenant court - but then you'll proceed directly to small claims court for your lost rents.

Dear Mr. Reno:
Are Section 8 tenants more difficult to evict than your run-of-the-mill derelict tenants?

Charles Wieder, CT

A: It's not harder, but there's an extra step: You have to give notice to the agency when you start the eviction. Consult your lease.

Published 2010-08-11

Dear Mr. Reno:
I HAVE A QUESTION, MY TENANTS ARE BUYING MY RENTAL HOME, WE ARE IN ESCROW AS WE SPEAK, DO I HAVE TO REFUND THEIR SECURITY DEP. BACK TO THEM AFTER ESCROW CLOSES,
ALSO, I PURCHASED 2 HOMES IN SAN ANTONIO, TX. IN '06, MY CPA TOLD ME TO STASH AWAY $ 18,000.0O FOR CAPITAL GAINS FOR NEXT YEAR TAXES, HOW CAN I AVOID CAPITAL GAINS???????
I WILL BE LOOKING FORWARD TO YOUR RESPONSE THANK YOU

KAREN WALLENDAL

A: 1. Why would you keep their security?
2. The best way to avoid capital gains is to not sell the property, or else do a 1031 tax deferred exchange, but why are you asking me? I do eviction.

Dear Mr. Reno:
have a duplex which I purchased in 2003. I lived in half of the house until I bought another home in January 2008. The duplex is profitable, however with a growing family we have decided to try to sell the duplex. I was wondering if you had any advice or references that I could look into to help me with selling this home. We do not plan to buy another home with any of the money we make on selling this duplex, so I know there would be capital gains tax involved. I did however read that if you lived in the house for at least two of the past five years, there are some tax breaks and you don't have to pay as much capital gains tax. Do you have any insight into this? I am not familiar with this at all!
Any help would be greatly appreciated.
Thanks so much for all of your help!

Jen from Pennsylvania

A: Not my area, sorry. You need to ask a tax guy.

Dear Mr. Reno:
I recently purchased a ten unit mixed building here in Baltimore with tenants. One particular tenant has been here for 10 years and is just becoming a major nasty complainer about anything and everything. What he complains about is a situation that is exactly the same as when he moved in. His unit is extemely under priced and really needs renovation and seperation of hvac and utilities, they are common to the building in some units. I need to get him out for this purpose not to mention he is now making threats to complain to the county about his grievance, more of my time wasted, there are non from the other tenants. He is disabled due to his own demises, but still able to walk and drive and be a jerk to all. please advise best course of action.

Ed Ratermanis Baltimore, MD.

A: You're going to have to wait until his lease expires. Read your lease carefully - it may have a specified procedure to tenants. You'll have to serve the appropriate notice at that time. Be prepared to miss a few months rent. Evicting tenants that are current is the hardest (and the slowest.)

Dear Mr. Reno:
We own a small apartment building (14 units) A tenant wants to have direct deposit of the rent from her employer into the business bank account.
We would have to provide her with the account #. What do you recommend?

Violet Brooks, Washington

A: I'm seeing it more and more. I guess it's the wave of the future. (Don't worry about the account #. You disclose that to everyone you give a check to.)

Dear Mr. Reno:
We have a tenant that hand-delivered a complaint letter about bees in her apartment in June. In July 12, 2010 we sent our maintenance man to fumigate but it was unsuccessful. In July 19, 2010 the tenant hand delivered another letter which stated she will give us 7 days to fix the problem or she will stop paying. We sent bee fumigators to give us quotes and we also sent our maintenance man to cover any holes from outside the apartment. On 7/27/10 the tenant came to the office and spoke to the Landlord and we offered her to move into one of our ready to move in apartments until the problem was fixed without having to pay rent until she moved back. She refused because she said she didn’t like the location. We sent her a certified letter explaining how we are offering an apartment for her to move in and how we are trying to get this problem fixed. On 7/30/10 she called her own fumigator and charged us with the bill. We agreed to pay it even though it was not part of our contract terms. The fumigator then said that the tenant could not be in the apartment for him to continue the work because he had to break the wall to remove the bees from inside the wall. She refuses to go anywhere and is now seeking a lawyer. Her contract ends in March 2011. What are our options?
Thank you,

Shennin Anderson, Miami, Fl.

A: Well, fees are your responsibility so you're in a quagmire. Why don't you fix the wall? I see in my crystal ball a non-payment eviction. There will be some temporary abatement (lessening) of the rent. If you and your tenant (or her lawyer) can't agree on what it should be, some eviction judge will have to decide for you.

Dear Mr. Reno:
Do you have any information on lead based paint problems and ramifications where lead is found in a rental building. A landlord here i Oneida was found to have lead some where in his building. A tenants child got sick. he has put $30,000 into remodeling this unit and now they tell him that he has to redo the whole outside of his apartment building. This is a brick, downtown building with many units in it. They found no lead inside of this building and know want him to redo the outside. where can we get info on what we have to do to comply with these codes and are there really codes like they are making him do. I think they may be trying to set a president here with him for all landlords to follow. We can not afford putting thousands of dollars into a property, because a child gets sick on lead paint. I had a case of this many years ago with a small child. HUD came in to inspect everything and the only lead they found was on the child's crib, which was very old. they dropped the whole thing at that point, but still made me paint the windows sill's with a lead covering paint. is this just for people with children under 6 years old, that is what they told this other landlord? can we just stop renting to kids under 6 to prevent these problems?

Milt James, NY

A: No, you can't stop renting to kids (I assume you mean tenants with kids.) I don't get your problem. If you already have a building, then you have a permit and your building has been given the okay. If they find lead later - deal with it then. Don't create a problem for yourself. If, on the other hand, you're looking to buy a building, and you're concerned about this, have a through inspection by a qualified engineer. If it's got lead - don't buy it.

Dear Mr. Reno:
A topical question that I have not seen addressed. My tenants and I are several months into a one year lease and I may be losing my rental house to foreclosure. What are my obligations regarding return of security deposit?

Steve in California

A: Nothing changes until the foreclosure sale; then, everything changes. After the sale, you have to give it back. I had this case recently. Since the landlord was not keeping the house, he couldn't claim he'd need the security to affect repairs (you may have a counterclaim for rent due but not past the foreclosure sale).

Published 2010-08-02

Dear Mr. Reno:
A topical question that I have not seen addressed. My tenants and I are several months into a one year lease and I may be losing my rental house to foreclosure. What are my obligations regarding return of security deposit?

Steve in California

A: Nothing changes until the foreclosure sale; then, everything changes. After the sale, you have to give it back. I had this case recently. Since the landlord was not keeping the house, he couldn't claim he'd need the security to affect repairs (you may have a counterclaim for rent due but not part of the foreclosure sale).

Published 2010-07-30

Dear Mr. Reno:
My tenants originally signed a one year lease. The lease was about to end and we all agreed to a lease extension until September 18th, 2010 wherein it states they will leave on that date without demand.

I have spoken with the tenants and they are not certain they want to renew at this time. I have expressed verbally that our agreement states they will leave on September 18th and that I am requesting they adhere to the current lease extension agreement.

They asked why. I stated that it was personal but confirmed that they have not requested a renewal of lease to date. Also, the air conditioner is not functioning. I did purchase a window unit and had it installed since I am out of state. I did explain that the air conditioning is going to take a while to repair due to discrepancies between two repair companies and further research needed.

Please advise, as to what I must do legally, at this time since the end date of the lease is coming? I need to know what I have to comply with in order to have provided required written notice, etc., if any. Any other information I have not covered pertaining to appropriate landlord compliance would be greatly appreciated.

Sonia Doyle, FL

A: It sounds like the lease is over (or is about to be) and as you know, without a written renewal, it becomes a month to month. So what's the problem? If you don't want it to continue, serve the 30 day notice. For me personally, as long as the rent's being paid, just collect it and be happy - but that's me.

Dear Mr. Reno:
Subject: Drug addict tenant - help!
Howdy,
I have a mutlicase problem here:
1) the daughter of my fiancee and her B/F is renting the house
2) she's M dependent, he suppllies her
3) they invited a friend to co-rent, he is OK in my book.
4) how do I get rid of them and keep him?

Norm

A: That's an age old problem with no solution. Your tenant comes as a package. You hate to throw out the baby with the bath water, but with tenants you have no choice. Maybe he can come back after they're all evicted? How are you at winking?

Dear Mr. Reno:
I cosigned for my daughter to lease an apartment. She was evicted prior to the completion of the lease. I just received a bill for $3552.00 from the manager. What are my legal rights?

Debra James, MI

A: You have the right to sing the blues. You also have the right to cable TV. That's about it, unless you're interested in suing your daughter, which would be your right too.

Published 2010-07-28

Dear Mr. Reno:
Is it legally binding to have my tenant initial, redate and sign a lease from last year for the upcoming year? It's was done through a real estate company, so its got every base covered.
Thank you.

Maureen Flinn, CA

A: It's a short cut and it's sloppy work, but it probably gets it done. The terms of an expired lease continue anyway, they're just signing off on the new rent, so, whatever. Why can't they redo the lease? (Saving paper?)

Dear Mr. Reno:
Hi, I have a question I really need help with. I had a tenant in my 2 family home (in Queens NY, I live there) that moved out and left their daughter there, and allowed the 2nd daughter and boyfriend to move in as they were moving out. I think they were squatters because they never paid any rent. They moved out after 1 month and gave me 1 set of keys (out of 2) but left behind some cheap furniture and household items (dishes,13 inch old Tv etc).
They said they were moving,rented a van, moved, gave the keys, and have not come back in 10 days. How long do i have to store their stuff if at all?? I tried to make it short but there is a lot of pertinent info. -Sorry. Thanking you ahead of time,

Sheila, NY

A: The standard term is 30 days . (60 days would be really safe, if it's not too much trouble)

Dear Mr. Reno:
I want to raise the rents on 2 multi-family properties recently deeded to me, due to the passing of my mother (4 units each). Tenants are month to month. I do anticipate extreme resistance, a mass exodus, or even legal action, when the tenants are notified of the significant rent increase that I intend to implement. Therefore, I need to have an attorney at the ready to facilitate this process…mainly someone to draft the rent increase notices to the tenants. I would prefer to do it this way, instead of me preparing the notices, so the tenants will know that I have retained the services of a qualified professional, and to send the message that I will move to evict, if necessary. How much do you charge to prepare letters to tenants, notifying them of an increase in rent, and how much do you charge if we have to move to evict? I have 5 tenants and 2 who rent garages. Thank you. No can do Ed. Wrong state. Sorry. (Try the local bar assoc.)

Ed Cannady, GA

A: No can do Ed. Wrong state. Sorry. (Try the local bar assoc.)

Published 2010-07-23

Dear Mr. Reno:
I'm a landlord and I have this tenant that I want him out of my apartment,I already gave him last week a 30 day notice and he says that he's not moving out because he's been there only a month and he paid his rent on time.but I need my apartment back.do I have the right to evict him?

Susana, Massachussets

A: If there's no lease, then it's a month to month. Because there's no lease. That's why they have leases. But not this tenant. Oh well.

Dear Mr. Reno:
My name is Joseph Morra I live in Mount Vernon New York & have a month to month lease.My landlord put a 30 Day Notice To Vacate on my bedroom door.It was typed on a computer & only signed by the landlord,is this legal does he have to file it in court or not?Also he wants me out because I filed a coplaint with the Housing Dept because he started tobuild another room in the apartment without a permit.He was told to take it down,he did.Ever since then he has been slandering me to my two roomates to cause strife.I wrote him a letter about bugs in the apartment he called my roommate told him I saud he brought roaches in when he moved in.I need to protect myself what can I do.?

Joseph Morra, Mount Vernon New York

A: Too Late

Dear Mr. Reno:
Hi, I successfully evicted my tenants last month. I have a judgment against them for $5000 for unpaid rent which they haven't paid as yet. What is my recourse for recovering the judgment? Are agencies that offer to recover judgment worth the expense? And finally, how do I report delinquent tenants to credit bureaus? Thanks,

P Vijay

A: When you file your judgment, it's on their credit reports, so that takes care of that. You can use the agencies, but they'll take half or a third, so that's your call.

Dear Mr. Reno:
The day the sheriff scheduled to evict the tenant for non-payment I was prompt there but he didn't show up. I called and he informed that the tenant filed for bankruptcy.

What would be your recommendation to me?
Also, please consider the other alternatives:

I have 2 documents for breach of the contract because
1- the tenant has 11 cats inside the apartment and she is not allowed as per the contract. The tenant signed the breach and I have also a testimony signature.
2- I also have a document for non=compliance I gave her for having belongs in the walkway. This has been a problem with the insurance company that already informed that the insurance can be cancelled. This document is signed by 2 testimonies. Both documents are dated Jun/July 2010 Should I continue with the current eviction for non-payment? Should we pursue an eviction for breach of contract?'t Should I cancel the previous one? Is there anybody you know you would recommend me to contact in Pinellas County, Florida? Thanks,

Franklin, FL

A: You have bankruptcy court issues. You need to consult with a bankruptcy atty ASAP!

Dear Mr. Reno:
Good Afternoon: I am a new homeowner and rented out my second floor duplex. My tenant has never paid rent and water on time except one month, and is late this month and owes me now. Her lease is month to month. She moved in owing since October 28, 2010. That was a mistake. She and her son are damaging the property and ,its filthy and littered with mouse feces. I took pictures. I went to have her evicted and was told I needed a renters license in order to evict her. What do I do to get her out right away? A restraining order?

Gaudenzia, PA

A: Something's wrong with this picture. They can tell you that you need a license to sue FOR RENT ($) but you can always regain possession. You need to speak to a local atty. You're getting bad info somewhere.

Dear Mr. Reno:
Our tenant just sent us a letter giving us 30-days notice to vacate. They want to leave 15 days early than the lease end date and use the security deposit as their last months rent. We told them according to their lease, security deposit cannot be used for their rent, but as guarantee to us if the property is left unclean or damaged. We plan to wait the required 7 days after no rent received (according to Arizona law) and give them an eviction notice. My question is: Can we use the 1300 security deposit and the 500 pet deposit as rent, late fee, carpet cleaning and shrubbery and tree trimming that they have not had done? Do we need to refund the pet deposit if the pets did no damage or can we use it also for damages? Thank you. This all goes down in 5 days so a quick answer is appreciated. Thank you.

Donna Tanke, Arizona

A: Contrary to popular belief, you can't use the security for rent - unless you have a lease that expressly authorizes that. Do your eviction, get them out - then write back and we'll review the situation.

Published 2010-07-14

Dear Mr. Reno:
I have been a landlord for 10yrs. now and twice I have taken tenants to court because they want to use their security deposit for rent and they leave then their are damages and the court judgment is only for the rent prior to the last month paid which would be their security deposit. Wouldn't it be better to just wait until they move out the following month then add up damages with reciepts and report to credit agency's because the experience I have had with the local court in the state of Pennsylvania it takes about 10 days to go to court, then the tenants are told to pay and they have another 30 days to pay that months rent, but of course they don't pay it and also we don't even know what the damages are going to be because they have not moved yet and the damages are not in the judgement then you pay an additional fee for posting for eviction which takes 3 weeks for them to do this and by that time you have wasted your money and they left because their lease is up.
Thank you

Michele Jones

A: Yes you are damned if you do, but you're also damned if you don't. You say, why not "wait until they move out?" - well that's great if they do move out, but what if they don't? So you have to start your eviction just to make sure you get possession even though you don't know the full damages and then you might have to sue again later so the there's your run on sentence right back at you

Dear Mr. Reno:
One of my tenants in Kansas City, MO started a grease fire in the kitchen, which caused a significant amount of damage to the entire house. What are my rights as to the recovery of damages from the tenant, and what are my duties as to the remainder of the lease term?
Thanks!

Casey, MD

A: Insurance complicates things. I assume you have fire insurance. You can't collect and still sue. The insurance company can sue the tenant- but they never do. If there's a deficit between your insurance and the actual damages, you could sue, but you'd have to prove your out of pocket repair expenses over and above the insurance pay out.

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