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 2010-06-28

Dear Mr. Reno:
I worked in Massachusetts as a real estate agent until 6 years ago. A friend that still works for the agency has offered to run my credit checks for me through the agency account. Is it legal for her to do so if I have a signed release, even if the tenant isn't working with the agency? Thank you,

Carol Jones, MA

A: As long as you have the authorization (or the release as you call it) you're cleared for take off.

Dear Mr. Reno:
I rented the house in 2008 while I was moving to TN. During the move the signed lease has disappeared. I still have the electronic version I sent to the tenant over YahooMail as well as the email it was sent it dated April 2008. This copy is unsigned.

I can prove the tenant lived in the house for two years and made rental payments. Is that enough proof to take him to court over cleanup costs after he moved out. The total is approx $4000.
Thanks

Bill McLain, Rental is in Plano TX

A: A written lease or rental agreement is advisable but not mandatory. You can rent + evict without it, as long as you can prove your damages.

Dear Mr. Reno:
our attorney filed in district court to evict a tenant. the court dismissed the case because no notice to quit was sent. ( the judge would not allow the complaint to be amended) we appealed to circuit court the dismissal was upheld.

a appeal to the court of appeals. would it be of right or by leave ?

bruce patulski

A: You're kidding, right? (In NYS it's by leave, not by right- probably same in MI) but seriously, you are kidding, right?

Dear Mr. Reno:
Hello, I have a tenet that has moved out and owes me alot of $$ for rent and damages. I was wanting to tern her over to a collection agency to try to get my $$ back and noticed that i do not have a lease signed by her. Can the agency still collect on her without it?

Anna from South Carolina

A: There is no legal requirement that you need a lease to rent. There are some legal requirements, but a written lease isn't one. You are cleared for take off.

Published 2010-06-27

Dear Mr. Reno:
If our clients use electronic contracts and the contract is uploaded and signed online by the tenant does the landlord have to sign it online also or is the fact that they created the contract and offered it to the tenant enough? What is the law for electronic leases?
Thank you!

Anonymous, California (working with places all over the US)

A: Landlord has to sign also. But this is tricky because you don't need a written lease to have a legally binding rental agreement. I do evictions everyday on month-to-month tenants with no written lease. so even if the lease isn't signed and not enforceable if the tenant pays and moves in there is some rental agreement in effect, the question is what.

Dear Mr. Reno:
My tenants reason for not signing a renewal lease is she wants to look for a house of her own to purchase and said she may not be renting the whole year. I sent her the renewal lease to sign over a month ago and I'm just now getting a note from her that she doesn't want to sign. She is a good pay but I want a signed lease. I don't want to do or say anything illegal but what is my rights. Can I tell her to either sign the lease or move within 30 days?
Thanks.

Dinah

A: Yes, you can do that, but why are you being such a meanie?

Dear Mr. Reno:
My tenant moved out and gave us the keys. While there they installed selling fan & storm door without our permission. They subtracted the cost of it from the last month rent. I still have their security deposit. What are my rights? May I keep the part of the SD for the remaining part of the rent? They were very difficult people to deal with.
Thank you..

Nadia, Maryland

A: Landlords throughout the country are getting sued for not returning deposits, and in some states paying double. What's worse, tenants are entitled to the return of their security even if they owe rent unless you have an explicit written waiver of that right. So you're on thin ice, but you can always return the deposit and sue for the missing rent in small claims court.

Published 2010-06-26

Dear Mr. Reno:
Good Morning, How do you find employment place of a tenant who has changed jobs and has not given you that information. We are now in the eviction process and need this information.

Charlene Hess, NM

A: You're out of the lawyer's realm and into private detective territory. (Would you consider staking them out and tailing them?)

Dear Mr. Reno:
We use the LPA lease agreement which states that any plumbing leaks are to be immediately repaired or reported by the tenant. Upon our tenants’ departure and inspection we noticed a damaged kitchen floor, water damage. Finally a leak under the sink from the faucet was found, the cabinet was wet. The tenant claims that they did not notice the leak and therefore they are not responsible and now is threatening to sue. We still have 16 days left to charge or credit against their deposit. The tenant was in the home for one year and left at their own discretion.
Thank you for your time,

Barbara Suit

A: Make the repair save any receipts, pay repair person, if applicable by check only (no cash), credit against deposit. Notify in writing.

Dear Mr. Reno:
My brother and his girlfriend have gotten in over their head I think. They purchased a duplex in Philadelphia that has 2 units with an FHA loan. Their mortgage states they have to live in 1 of the units for at least a year. However, both units have had long term tenants ( one 26 years and one 12 years). They have told the downstairs tenant (12 years) he needs to move out because they have to live there, but he won't leave! How long do they have to give him to leave? The FHA says they have to live there within 60 days of closing. Will they have to formally evict him to get him out? Will FHA be understanding that they can't occupy the property till he moves out? They are both young (only 23) and I believe the tenant is basically ignoring them cause he is much older than they are. Can they even formally evict him since they do not have a renters licence? He was told he would have to leave before they closed on the property and didn't voice any problems with that until it came time for him to leave!

Donna, PA

A: They need to get a lawyer and evict them. It shouldn't be a problem but they can't afford to dawdle.

As far as the FHA goes, they don't get involved as long as the mortgage is being paid, and even then, that requirement is rarely, if ever, enforced. So forget FHA, + focus on your eviction.

Dear Mr. Reno:
Hi again, This is Bernice in CA and I want to ask you if we should keep our TRUST title as the owner of the property for a landlord owner registration form required by Niagara Falls NY - as well as the trustee info? Rather than an owner name - but it asks for a birthdate and phones and addresses, etc... is this leagal too. Thank you for a reply.

Bernice in CA

A: Yes, it's legal. You can ask that this be kept confidential, but there's no guarantees. So I guess it's an occupation hazard, but I wouldn't worry about it.

Published 2010-06-25

Dear Mr. Reno:
I have rental property in Montana. One of my tenants reported that they could smell marijuana coming from another apartment. When questioned the tenant showed me a green card (medical marijuana). Can I legally ask on a rental application if they hold a green card.

John, Montana

A: You probably can ask, but you'll be asking for trouble too. You can't discriminate in housing based on physical disability or handicap, and that's what you're headed for. So drop this and just enjoy the aroma.

Dear Mr. Reno:
Hi,
I rented my home out for 1 yr. After 11 months I had to evict the tenants for non-payment and won the judgment in court. I then hired a professional management company to process the move out forfeiture with all of the legal necessities and they used their own vendors for the estimates. This was in July 2009. The tenants never responded so after writing them, with no response, I sent it to the collection agency per the move out forfeiture. In May 2010 they took me to small claims court and the judge said I had to give them their deposit back despite the over $20k in damages and the insurance adjusters detailed report. I still have not received the rent or legal fees from the eviction either. How do I fight this?
Have a great day!

Sherie Ward, CA

A: I've seen this before. It's a defect in our system. Even though the landlord gets a judgment for $10,000, he still has to pay back a security deposit for $750 to the person who owes them the $10,000. That's b/c sec. deposit can not be dealt with in the eviction since the tenants are still there. You have to suck it up and pay the security; you can still enforce your judgment

Dear Mr. Reno:
Co signed house with daughter. She failed to make payments and I took over the loan but allowed her to live there rent free without any renters contract. I need to sell the house but daughter has been living there for 6 years refuses to move out. Can not sell house with her in it because of the filthy condition inside. What do I have to do to evict her and can you recommend someone locally to help?

Bruce Slacum Desoto county Mississippi

A: Tell him your lawyer says you have no grounds, but he could sue the other landlord. (He doesn't have grounds either, but seems to be up for a fight.)

Published 2010-06-24

Dear Mr. Reno:
My daughter signed a lease with Fairfield Properties, The Exchange apartments in Athens, Georgia. She was a student at college from August until February. She had to withdraw from school due to medical reasons and is now back in the hospital. She is going to require homehealth services and will not be able to return to Athens for school. Is there anyway that we can get out of the lease agreement early or negotiate a reduced amount. I/she still has 4 more months rent to pay and will not be able to be there. Who do I need to contact concerning this? Thank you in advance,

Becky R, GA

A: Step One, give a written notice of your intent to cancel. Sometimes they'll let you. If not, you can offer a Buyout of the Lease. Talk to the property manager. (the people she pays the rent to). You would need a lump sum of about 1/2 the balance (2 months). Otherwise, you'll get sued for the whole thing. So pick your poison.

Published 2010-06-23

Dear Mr. Reno:
I manage an apartment complex in Ohio. A prospective tenant contacted me to see if they would be eligible to rent as they currently live in Asia and do not yet have a US social security number. Without that information I am unable to complete a proper background and credit check. Is it okay for me to tell them "no" based on their lack of a social security number?
Thank you,

Kim, OH

A: No, but you can just say "No" without a reason. Never give a reason unless you have to. So say you regret in inform them their application was denied.

Dear Mr. Reno:
My tenant lives on first floor and constantly in heated arguments with tenant who lives on second floor.
Second floor tenant has a different landlord.My tenant wants me to take an other landlord to court. Do I have to be involved in it? The association management told me that it is not their responsibility to deal with it.
Thanks

A: Tell him your lawyer says you have no grounds, but he could sue the other landlord. (He doesn't have grounds either, but seems to be up for a fight.)

Published 2010-06-22

Dear Mr. Reno:
I have a homeowner who I manage property for who wanted the following added to the lease with the tenant: "If the landlord/owner is unable to make repairs for whatever reason, the tenant will be given notice to vacate the property." The main reason they wanted this included if something were to break that they could not afford to repair.

What are the obligations of the landlord to the tenants if this were to happen?

Angie Atkinson, Property Manager, Virginia

A: So if the Boiler breaks and there's no heat + the LL doesn't want to fix it, he can just boot the tenant out? Why even have a lease? It's supposed to be a commitment both people make to one another. I don't think this clause is legal.

Dear Mr. Reno:
My name is Shawn I live in Florida. I have two questions. My son is 19 and going to college in Orlando, he is being evicted for driving over the 10mph speed limit in the parking lot of his complex. The person that is accusing him of this is one of the apartment managers who said he saw him driving too fast (no radar gun). An eviction notice was taped to his door it states that he has 7 days to comply, can he be evicted for this? My next questions is, my son paid rent for the month of June but has 2 months left, will he be responsible to pay for July and August?
Thanks.

Shawn in Sunny Florida

A: They can evict him - but not in 7 days. If he wants more time, he can force them to go through the legal process and he could fight this. He's still liable for July + Aug which is another reason to fight this. They may settle for an agreed upon vacate date + no further liabilities.

Dear Mr. Reno:
Due to a divorce and not wanting to lose my home to foreclosure, I found tenants that are paying $2600 a month for a home I owe $868,000. Obviously, their rent is not making a dent in the mortgage. They signed a 30 month lease which expires in February 2011 with the knowledge that I would list the home for sale. It's been on the market since Jan 2010 and I have a short sale offer of $500,000. In the contract the tenant added "If after 18 months the house sells, then landlord will give 30 day notice and 3 months rent." I've offered him 3 months free rent and to move out by September 30th, but he says I owe him $7800 cash? Also, he has been late with his rent payments and a realtor that just showed the house said she and her clients saw marijuana, bongs and pipes. I would like to evict him! Your thoughts please?

Kris Tomsic, South Carolina

A: What a mess. Why would you give a 30 mo. lease when the house is for sale? Does this lease explicitly say you can end it if the house sells? I hope so. Also, if you don't want to pay the $7,800, why did you agree to it? It sounds like you agreed to give 30 days plus buy back 3 months rent.

Published 2010-06-21

Dear Mr. Reno:
We do a lot of leases with students from out of state, by mail. I would like to send them leases that are filled out and signed by us, for the tenant to sign and send back the original, keeping the yellow carbon. I am a little concerned about the tenant making changes to the lease after we sign it. The question is: if a tenant makes a change but we don't initial it, would a judge hold us to the unilateral changes?

Michael Monasco, Minnesota

A: That's a bad idea, and precisely for the reason you suggest. If the tenant has any changes, even if you agree to them, the alteration of the document after you sign invalidates the agreement. YOU CAN CORRECT THIS BY INTAILING but you're creating confusion unnecessarily. Send the lease unsigned. The preparer (you) sign second. Problem solved.

Published 2010-06-17

Dear Mr. Reno:
I'm new in this rental business. I just bought a residential house for rental. What kinds of paperworks I have to prepare to protect myself and my family from bad tenant?. I would like to lease it for 12 months.
Thank you,

Tintin M, California

A: You've come to the right place. LPA has awesome forms - check 'em out.

Dear Mr. Reno:
I have a tenant who has a lease that was drafted in February 09, signed in February 09 but the lease term is from January 09 to December 2010. Can this landlord make her lease for almost 24 months?
Please send me an answer

Myco Foy

A: There's no legal limit on the number of years a lease can be, not that I've even heard of.

Published 2010-06-16

Dear Mr. Reno:
I live in a building complex and the landlord wants me to sign an affidavit stating who lives in the apartment and if I do not it will be grounds for eviction. Do I really need to provide my building with a sworn affidavit?? I've been there over 3 yrs and this the first time they request this. They also want to inspect my apartment. Can I refuse? I just don't really trust the building management, sad to say.
Thanks.

Melissa, NY

A: Have you ever read your lease? It's time. If it's in there, you have to. If it isn't, then you don't.

Dear Mr. Reno:
We allowed our renters to have a dog which they said was a boxer mix. They are a young family with two kids. Now, the neighbor is calling us stating the dog is a pit bull mix who is menacing and he fears for his child's safety. Is there anything we can do in this situation? The lease states they are able to have this pet, but are responsible for any damages the pet may make. Thanks for your help.

Darcie, OH

A: Turn the tables, like this:

Dear Neighbor:
I have discussed the dog situation with my lawyer, but he says there's nothing I can do. Therefore, please make sure your child does not go into the backyard as long as the tenants are renting. Sorry for any inconvenience. Thank you for your attention.
Note: They're on notice - you're off the hook.

Dear Mr. Reno:
Hi, I had a property management company managing my property and now I have discontinued their services and I'm managing my own property. It's lease time again and I issued a new lease with a rental increase? My tenants said that I have to give them 30 days notice before I can issue a new lease and rental increase is that true? Thanks

D. Laing, NC

A: Yes, they are correct. You have until the end of June to raise rent effective 8/1, but not if it's mid-lease.

Dear Mr. Reno:
Hi, I had a property management company managing my property and now I have discontinued their services and I'm managing my own property. It's lease time again and I issued a new lease with a rental increase? My tenants said that I have to give them 30 days notice before I can issue a new lease and rental increase is that true? Thanks

D. Laing, NC

A: Yes, they are correct. You have until the end of June to raise rent effective 8/1, but not if it's mid-lease.

Dear Mr. Reno:
Could you give me some lease wording on military personal. Other landlords have told me the courts are asking us to prove that our tenet is not in the armed forces.

JMC

A: The tenant(s) hereby states unequivocally that he/she is/are NOT A MEMBER OF THE MILITARY and NOT subject to protections afforded by the Sailors and Soldiers Act. How's that?

Published 2010-06-15

Dear Mr. Reno:
I have a tenant who has so many boxes of stuff in her apartment that there are only very narrow passage ways to walk through from one room to the next. In some areas the boxes are stacked 4-6 feet high. What are my landlord rights? Can I demand that she move the excessive clutter out? And what law or rule do I cite? And, if she does not comply within a reasonable time can I get her out?

Jeffrey W., Boonsboro, Maryland

A: It's very hard to change the tenants behavior. I'm happy when my tenants just pay the rent, I don't care how messy they are - but that's me. If you feel that strongly, wait till the lease is up and evict. But you can forget about making then neater.

Dear Mr. Reno:
Botched Eviction:
I hired a lawyer to process an eviction for me for a flat fee of $600. On the initial lease I submitted to him, there was the signer of the lease as well as his girlfriend listed as an additional resident. When I served them with the initial complaint, a third woman signed that she received the complaint and listed herself as a roomate.

We received a judgment and order of possession, but the lease signer was the only person listed on the initial complaint. We filed with the sheriff and waited. On eviction day, the sheriff refused to enforce the order of possession as the additional or unknown residents were not listed on the complaint.

My lawyer says I signed off on the complaint and thus it is not his fault. This is my first experience with an eviction and I had no idea to include unknown occupants in the complaint. I have since read this should almost always be done just as a level of additional protection. I feel like I hired him for his professional knowledge and this is something he should have made me aware of since he knew from day one we were potentially dealing with more than one resident. The lawyer is now telling me he needs an additional retainer of $750 plus $250 / hr to proceed with this.

I understand how to proceed with the eviction from here, but I am unsure weather I should proceed with my current lawyer. Will switching lawyers at this point cause any additional delay? Does he bear any responsibility for the botched eviction and further for lost rental income from here? I had a new resident ready to move in the day after eviction. I am upset that he is trying to charge me even more than he charged for the initial eviction for a situation I feel should have never occurred had I had competant counsel.
I appreciate any input on this situation, thanks.

Patrick Breen, Chicago IL

A: It's a close call. You obviously have no confidence in this guy, so switch. I'm sure if you give the new guy the papers, he won't make the same mistake. As for the money, take him to small claims. He'll probably settle and give you back 1/2.

Dear Mr. Reno:
We had tenants renting our condo in Orlando, FL. They failed to pay us May’s rent and said they would pay us both May and June during the first week of June. I received an email to say they were no longer living in the condo, have separated and she mailed the key (which has not arrived), and sorry for the inconvenience.
Their lease is until July 12, 2010.
Can we repossess the condo and proceed to rent it again?
How can we go about collecting the monies owed to us?
Thank you for any help you can give.

Diane Hoffman, Tampa, Florida

A: If they're out, Go for it. They did you a great favor by not making you evict them. As for the rent, it sounds like a small claims court case. If you've got the time....

Published 2010-06-14

Dear Mr. Reno:
Today I went to my Rental Property to plant a few rasberry plants in the backyard next to the fence..My tenants complained that I can't do that without their permission.I find that absurd.I didn't disturb their activity in any way, since I didn't enter the house.It took me only 5 Min. Their argument was that I should have given them 24 Hrs. notice.Please advise.I.e who is wrong here ? Thanx for your time; .

Karl Vo

A: Unless your lease has a raspberry clause, they are right. If they're paying their rent, you should leave them alone. They obviously don't want to see your face, and they shouldn't have to. Some landlords have a good relationship, even friendships with their tenants, but I find that's the exception, not the rule.

Dear Mr. Reno:
My landlord has received a foreclosure notice on my door. I am concerned about having to move before my lease is up. Is there a federal law to protect the tenant from eviction from the foreclosure?

Steven Caflisch , Colorado

A: Yes, I've heard there is such a law and it's new. For now, just let the landlord worry about the foreclosure, its his problem not yours. Pay your rent, and you'll be fine.

Dear Mr. Reno:
We have a military base in our town and I rent to officers attending war college that lasts 10 months with move in and out, about 11 months. For the last 2 years the tenants have started using military clause to get out of the lease one month early. The tenants know even before they get here they are not staying the full 12 months yet they sign the lease. In the past when I have said the lease is 12 not 11 they would honor it, but not anymore, what do you suggest I can write into the lease to get 12 months out of them.

C Arshad

A: That's a tough one. You could try taking 2 months security with a clause in bold (all caps) saying unequivocally that NO SECURITY WILL BE REFUNDED IF THE LEASE IS BROKEN. (Or you could just draw up an eleven month lease?)

Dear Mr. Reno:
Hi, I have a rental in Lansdale, PA 19440 rented to a family with pets and kids. Is it possible to evict based on "habitual late rent payment" in PA? If yes, what are the steps, how? If not, do you suggest anything else? (they are always 10 days late, thenmissed a month, put on payment plans, then miss again, etc...)(The wife is is also unemployed since April 2010 - does that affect anything?)
Thanks!

Anne

A: Wait until the lease expires, and then don't renew it. That solves that problem.

Another approach is to evict them every month and make them pay legal fees, but only if your lease allows it. By the way, if there's not lease, you can serve them a Notice to Vacate anytime. You don't need a reason, like lateness.

Published 2010-06-10

Dear Mr. Reno:
We have a tenant who is a married couple with a 15 month old baby living upstairs. We signed the lease in Jan., 2010. Before we signed the lease, the mother of the husband came to see the house, and told us the married couple has a baby, and the baby would be only living in here 1 day a week, and the wife was working.
Shortly, we found out the baby is here everyday, and the mother stays home 24/7. The problem is as the baby grows, the noise coming from upstairs makes us go nuts. The baby sometimes doesn't sleep in the nights, dropping stuffs in the mid of the nights and crying. And during the day, stamping, dropping stuffs that shocked the whole floor, and all kinds of noise. I started to develope servere headaches, and got twice sick from not sleeping well and the noise. Just too much stress.
The thing is we didn't put the baby thing in the lease. We told them about the noise many times, and asked them to move and they wouldn't. Are we tricked in signing into the lease? And it's 2 years.
What should we do? Thank you.

faye z.

A: I guess you can mark that 2 year anniversary date on your calendar and in the meantime, buy some ear plugs. Unless you want to buy them out of the lease, your stuck.

Dear Mr. Reno:
I am in the middle of an eviction with a tenant. His lease makes clear that late fees and legal fees are to be treated as late rent. The judge says he doesn't deal with late fees and legal fees. Can I take those fees out of his deposit? Thank you,

Patricia Pulczinski, Texas

A: I hate to rain on your parade, but you probably shouldn't. Most states are cracking down on landlords not returning deposits and deducting things other than repair costs. I would say only if your lease expressly and clearly allows for it. One silver lining: there's nothing preventing you from suing for the fees.

Dear Mr. Reno:
I live in NJ and I would like to know if I rent my house to a family that just filed chapter 7 in 3/31/2010 and sign the lease in 4/2010, will they still be granted "automatic stay" by the filing if they don't pay rent before their case is discharged or since it is post-filing lease, I can evict them right away? Should I just have them sign month-to-month until their case is discharged? Do you have a good lawyer recommendation NJ since I believe I will need a one in the future just in case. Thanks a lot,

Stephanie, NJ

A: They still get the stay. That's why they call it "automatic". I hope they pay, because if they don't, you're going to have your hands full. You'll need a bankruptcy lawyer to lift the automatic stay if they default. (Don't know any there, sorry.)

Dear Mr. Reno:
My name is Angel and my property is in RI. I want to know the easiest and inexpensive way of holding tenants accountable for breaking their lease?

Angel, RI

A: Re-rent, add up your rent loss and repairs, deduct for security and your off to small claims court.

Published 2010-06-07

Dear Mr. Reno:
I am closing on a house on the 10th of June. This house is a short sale and the former tenants are refusing to leave the property and we fear they may not be out by the close of the sale. Also they were not the owners, they were just renters of the previous owners. Is it possible for me to move into the property anyway? Can I have them escorted from the property if they have already been given notice? I really would like the sale of my house to go smoothly unfortunately they were previous tenants of the last owner and would like to know what my options are. Thank you for your time. I live in Virginia.

Rebecca Lucero, VA

A: What do you mean move in anyway? Do you mean share the house? Who would decide what TV show to watch? Would it be first come, first serve? Also, what would the sleeping arrangements be? Would you bring your own beds or sleep in their beds with them. I need to know what your proposing.

Dear Mr. Reno:
Both my roommate have our name on a yearlong lease for a townhome owned by an elderly lady. My roommate has already wanted to back out of the lease, but my landlord said she would have to pay the remainder of the year which she cannot do. Now I came home to smell marijuana. I have found her paraphernalia and have taken pictures of the stuff. How can I get the landlord to release me from the lease and get her evicted?
Thank you,

Briana Larivey, Houston, Texas

A: If there's one thing I hope my readers will learn is that you are bound by your agreements. You signed a one year lease. You're in it for the long haul, with or without pothead. If your LL wants to let you off the hook, that would be great, but she doesn't have to

Published 2010-06-06

Dear Mr. Reno:
Hello ! My House is in Reno NV. I stupidly rented it to a friend without a rental contract! The friend has not paid rent for over a year nor have they paid the utility's so they have no power or water! Recently they changed the locks...... What do I do????

Julie J. Coats, Reno NV

A: Renting to a friend w/o a contract wasn't stupid- we all do it, but why have you waited a year? You're either the most understanding LL in the world or the greatest procrastinator. Start the eviction today. What are you waiting for?

Dear Mr. Reno:
My name is Janet and I live in New York City. I am a member of the lpa. My question to you is this:

I own a 3 family home in S.I. and was wondering how to protect myself against a lawsuit from a tenant. Should I do a LLC or a C Corp? all is very hard to understand to me.. Can you tell me how to protect myself and my assets against a tenant who is trying to get back at me? I understand that it is very expensive to form these different corporations.. Any thoughts ? thank you for your help, I appreciate it very much...

Janet, NYC

A: The LLC is usually if your going to have partners. So it's just a chapter S. Corp. Also, you're doing this for the future. It won't protect you from whatever has already happened between you and their tenant.

Dear Mr. Reno:
We let our brotherinlaw temp use our rental property a private house to ease adultery chaos until it sorted out and decision made. Five months later he is mid life crises crazy and they will be starting mediation but he lost emotional control today and changed the lock on a property that is owned by a trust and we don't have a key and can't show it for rental What are our legal rights in how to approach the fool

Betsy Z., Suffolk County / New york

A: You have to evict him either for non-payment (if he was expected to pay anything) or as a holdover after 30 days notice. You should call me at 667-RENO.

Dear Mr. Reno:
My question is related to the clause in the LPA standard lease shown below. What I want to know is the plain English version of the last sentence. Where does the money go?

POSSESSION If Owner is unable to deliver possession of the premises at the commencement hereof, Owner shall not be liable for any damages caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. Tenant may terminate this agreement if possession is not delivered within _30_ days of the commencement of the term hereof. In the event this agreement is terminated by the tenant and/or the owner, any monies or realty commissions paid by tenant and/or owner shall be deemed damages against the party in default, not the real estate broker." I am looking for a way to allow the tenant to get out of the lease if he chooses before taking possession and at a cost of the security deposit. For example: If the tenant terminates the lease agreement and they had paid a deposit of say $2000, does the landlord keep it? Or would I have to add another sentence to allow for the tenant to back out before the possession date. Again for example: Owner shall terminate this agreement if tenant does not take possession of the premises by June 1, 2010 and any monies paid by the tenant shall be forfeited.
Best regards,

Michael Slattery

A: That's OK, except don't say "forfeited" say "retained by the landlord as liquidated damages to compensate him for the cost of re-renting the remises."

Dear Mr. Reno:
I live in NY and am currently renting to a doctor who renewed her lease for 3 more years, June 2010 to June 2013. Her roommate this past year said he was moving out June 3rd, so she has a new roommate (another doctor) moving in June 5th. Now he says that his new apartment fell through. If he doesn't find another place to live before the 5th, how do I handle his eviction? My lease is strictly with her and she collects rent from them. I need to have the new doctor move in because he is coming from Ohio and is starting a residency on June 9th. I also met the new doctor and have a verbal agreement with him to move in.
Please advise. I really appreciate your time and advice. Thank you.

Annette Mauro

A: Only in NYC does a doctor need a roommate to pay the rent. You handle this like any non-payment case. Either the whole rent gets paid or everyone gets evicted. You can't get into their roommate issues.

Published 2010-06-05

Dear Mr. Reno:
My tenant had a hot wate htr leak in the garage on the concrete floor.The plumber fixed it the next day.One month later I went for routine inspection and found all the sheetrock in the garage covered with black mold.The tenant was using it as a storage unit with wet cardboard boxes stacket floor to ceiling against the walls. He signed a mold addendum stating no mold and I have pictures before he moved in. The lease states he must notify in writing any mold problem and take all responsibility for it. .His lease is up and he is unlawfully holding over.Who has to pay the damages?

Carla Harrison, Alabama

A: You have a good case. I've never seen a tenant held "responsible" for a mold condition, but there's always a first time. Get him out first, then sue him for damages.

Dear Mr. Reno:
I had a tenant with housing program. They left in February 2010, but the city hasn’t pay off their rent. Is it possible for us to collect the rent from the city? Our BLDG is in NY. Thank you.

Ashley, NY

A: Yes you can. You should get on that. They usually pay up until the tenant leaves.

Dear Mr. Reno:
my question is: my tenant broke a yr lease by moving out after 2 months with no notice, is their security deposit forfeited or do i have to send them an accounting in 21 days?
thank you

susan ross

A: This is complicated. Yes you should. Unless your lease specifically allows you to apply the security to unpaid rent, then you'll have to offset the security by repairs. By the way, you can sue for lost rent. A bargaining chip?

Dear Mr. Reno:
The prospective tenants are hobby musicians,(guitar and Sax). How to state terms that place limits on the volume and times of day music can be played to avoid "disrupting" my neighbors "quiet enjoyment"? Thanks

Patricia Ashworth, Rhode Island

A: If your concerned about that, you should reconsider the rental or make it a month to month for three months as a probationary period. You can just forget about breaking the lease and evicting for loud music- it's not happening. If they have a year lease, they're staying.

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