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 2010-06-06

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.

Published 2010-05-27

Dear Mr. Reno:
My small business (a LLC) has 3 rental properties and I am losing over a $1500/mo. of personal funds, because of a lack of ability to sell or rent the properties at a 20% loss, even though they have been professionally listed by realtors for more than a year. My home address is my business address. If I default on my mortgage loans on the properties, are my home and personal funds subject to attachment to pay the mortgage balances? The properties are in Pennsylvania. My home is in Maryland. All three properties have one tenant, two of them have one vacancy.

Robert P., MD

A: Your other property is technically at risk, but I wouldn't lose any sleep over it because usually the mortgage banks don't operate like that. They just take back the house and cut their losses, so I guess you should to.

Published 2010-05-24

Dear Mr. Reno:
I have a tenant that has not paid rent for 2 months. He says he has no money & has been injured & is filing for disability. He also has a wife who is currently receiving a disability check for a mental disorder. He has informed me that I can't make him move due him not paying the rent because he & his wife are disabled and have no money to move. What are my rights in this situation. They signed a lease that is up in Nov of this year. Thanks That's why the courts have ramps - so you can evict handicapped people. (They may get an extra month - that's all.)

M. Davis, Alabama

A: That's why the courts have ramps - so you can evict handicapped people. (They may get an extra month - that's all.)

Dear Mr. Reno:
My tenant made an agreement for someone to exchange work to stay in my house for 3 weeks. This person has now his girlfreind staying there without my permission and neither of them will leave. What can I do?

Elizabeth, Nevada

A: Guests are a big problem. What does your lease say? That's the place to start. If it's against the lease, you can serve a notice of default, although, it is just the first step in a long difficult process. If there's no lease prohibition, you're out of luck until the lease expires.

Dear Mr. Reno:
It has been brought to me by neighbors, that they have smelled marijuana coming from the back yard of one of my rental units. The unit is rented a mother and teen age daughter. In addition, it has been observed during the hours that they are not home, an endless stream of teens/adults going through the backyard into the garage. This happens at all hours of the day! Today, one of the neighbors observed 9 teen males going into the backyard and garage of the unit for hours on end. It should be noted that these individuals appear to be 'friends' of the daughter. My question ... in California, can I give a 30 day 'non cause' eviction notice?
I sincerely appreciate your advice!!!

Brian G, California

A: You left out the most important piece of info. What about the lease? (I hope it's month to month.)

Dear Mr. Reno:
Is it legal to charge a vacated tenant for satellite equipment they removed from the side of my home (there prior to the tenant)? The satellite company told me they won't charge me for the equipment itself but will charge a service call of $120 - which, to me, translates into paying for the equipment...Thank you.

Teri, California

A: Why not? Sounds like reasonable repairs and renovation to me.

Published 2010-05-19

Dear Mr. Reno:
One year and a half ago, I rented to Mother and Daughter with baby. Mother (qualifying tenant) dies in March. Daughter has no job and said she was moving, given an agreement that if she moved timely by 30th I would not persue back rent-she did not sign it, and given 14 day notice to pay rent or quit, mailed regular and ceritified. She did not move. Filed for an eviction so she gets 14 more days til court date. Now owes for two months rent. The lease is expired, Daughter and Mother signed it. Now term is month to month. How much more time can the judge give her to pay or vacate-given the death????? She will never pay.

Denise in MN

A: I think your on the right track. The judge will probably just give her one month, because she's not paying. Probably July 1st 2010. How's that?

Published 2010-05-18

Dear Mr. Reno:
How do I put a judgement on a former tenant to get back rent & money for damage to my property that exceeded the security deposit?

I am greatful to be a member & receive this wealth of information.
Thanks

Purvis, New Jersey

A: First, you have to start a new proceeding (usually it's a small claims court case) for the full amount of damage owed and rent. They'll counterclaim for security, and the court will decide who owes who what.

Dear Mr. Reno:
I have a tenant who has been in my property for 2yrs and now he wants to sign another 2yr lease, and I was wondering how much I can raise his rent. I haven’t increased it at all in 2yrs.
Also he wants a 2yr lease but I don’t want to tie my property up in case of financial distress… I also don’t want to lose him, so what is the correct way to write the lease.

Sheila Anderson, CA

A: DON'T DO IT! Give him one year only. There's no limit on raising it (unless you're in rent control) But I wouldn't go up more than 10%.

Dear Mr. Reno:
Hi, My name is Carolyn Grant, Ontario, Canada I have a Single Homosexual man renting my basement. He has been taking liberties at my home helping himself to my food, drinks, using my laundry supplies etc. Also brings men home any time in the night. I would like to give him notice but my rent comes from Ontario Works, which essentially is unemployment insurance. What are my rights

Carolyn Grant, Ontario, Canada

A: I'm licensed in New York. I'm technically not supposed to give advice to people in other states (which I do anyway), but now you're asking about another country. So here's my advice: If his rent is being paid, all that means is you can't evict him for non payment. But there's always a way to end the landlord/tenant relationship. Give me the notice you referenced. In the meantime, get a lock for your refrigerator and laundry room door (or just talk to him?)

Published 2010-05-15

Dear Mr. Reno:
I have been living in my apartment for 2 1/2 years withmy foster son and my son. My name is not on the lease but my cousin and I shared the apartment the lease under her name. I always pay my rent on time. My cousin moved out 2 years ago and now they want me out when I always have paid my rent on time. I could lose my foster son that I am trying to adopt if I don't have a home for him. I spoke to the lanlord and he made me submit and application which they rejected because of my credit. Why? If I hve always paid my rent and on time! I have no where to go with my kids and I need help I do not want to lose my son nor our home. Should I wait to see a judge we have no place to go

Kendra, NYC

A: Looks like you need a new roommate and fast. The judge won't help you, except maybe give you time. One thing in your favor, you're in NYC (very pro-tenant.)

Dear Mr. Reno:
My name is James Lance i rent a room in a duplex in Everett, Wa and we got a notice on our door from the bank that the property is being Foreclosed< My question is do i continue to pay rent or should i hold my money and look for another place? And what can happen if i dont pay but submit my notice to vacate?

James Lance, WA

A: You can stop paying it, but even in foreclosure, the owner can evict you for non-payment. So it's a gamble. You'll be leaving sooner or later, the question is, will it be sooner or later. By not paying you'll save some money but you may make is sooner rather than later.

Published 2010-05-14

Dear Mr. Reno:
We are brand new landlords.
We are thinking about renting a home to a boyfriend and girlfriend who separately do not have the income, per their rental application to afford the rent. How do we ensure that we make BOTH PARTIES liable for the monthly rent? What happens if they break up mid-year and one person can’t make the rent. Is it enough to have both parties names on the lease agreement?

Jill, NY

A: Yes, that is enough to make them both fully liable for the rent. There is that risk you allude to, but don't forget, married people separate too, so get their employer information. You may be doing a wage garnishment in the future.

Dear Mr. Reno:
When you have a newly constructed building, are the costs of building permits, planning commission fees and inspection fees a one time tax deduction or do they need to be depreciated over time with the building? Thanks

Becky Kistler, PA

A: Sorry, you're out of my area. Ask a tax guy.

Dear Mr. Reno:
We have a second home which we cannot sell. Our insurance company will continue coverage on it but does have a stipulation that we cannot only rent the house if the person provides me assistance as I am disabled. My husband has been deploying to the war zones. Our renter who leased for a year and now is month by month for a year gave notice for which ends in a few days. We were delighted to get the house back and renter was aware we expected her to leave at the end of notice as husband getting ready for deployment and needed to get things done in home to put back on market. Renter decided she is going to stay till a vacancy opens up in the condo unit she wants to rent and has cut off oral communication and sent an e-mail she cannot provide me assistance as written in contract. As a private home can we remove her as we will not be accepting her check or do we have to evict her?
Confused between apartment rental law and residential law in Florida

B Harryman - Florida

A: What do you mean "remove her"? You're scaring me now. Other than by eviction, what did you have in mind?

Dear Mr. Reno:
when we had that storm a few weeks ago in New York, I had some property damage to my residence. also in my first floor tenants apt, 2 windows facing the front had water pouring through the window and under the radiator also in the second bedroom there were damp spots on the wall behind the radiator. I had my caretaker look for the leak and he couldnt find it so he just cauked the windows as best as he could.. I live out of state so it took me a couple of days to get into New york. Upon arriving the tenant ( who just had a baby) is flipping out and telling me that he saw mold under the windows, and that he was moving his family out of the apt. I had to wait for the insurance adjuster to come before I could do anything, I also called the dept of health and they told me that if it was mold all I could do was clean it up the best I could with soap and water and some bleach. When the adjuster arrived she said there was no mold. But feeling for my tenant I told him I would remove the sheetrock and clean up the wall anyway to make him feel better. After removing the sheetrock and cleaning the wall I noticed that the wood under the windows was all rotted out. I had a contractor come to measure for windows. I told the tenant I cleaned up the walls and that they could move back in since there was no mold. He came back and was all upset that the sheetrock was gone and said he felt the cold air coming through the wall. I offered to put up plastic to stop the air from coming in and he said no, he wanted me to put back the sheet rock. I informed him that I could not do that because when the contractor is ready to put the window in he would have to rip down the sheet rock again so it made no sense. The contractor said he would put plyboard under the window in the meantime until he can get the windows which would take about 3 weeks. The tenant flipped out and said I should get another contractor. He wants the windows in like yesterday.. After talking with him and trying to work things out with him and not getting anywhere I then gave him a 30 day notice over the phone. Tomorrow I will be going to the process server to have them serve him. Do you have any advice for me on what to do at this point? He is a hot head and only wants his way. He has left the apt to stay with his mother. I advised "erentpayment" not to take his rent money for April. If we go to tenant landlord court do you think the court will rule in our favor? thanks for helping out.. I really appreciate it...

Janet, NY

A: That verbal notice by phone is very iffy. You normally have to give a written 30 day notice. But this guy sounds like he wants to leave. So maybe he will. You can try the holdover eviction if he doesn't leave May 1, but I have my doubts.

Dear Mr. Reno:
I'm a tenant that feels as if I'm being taken advantage of. I've lived in the apt. for the last 10 months and have paid rent of $1200 on time every month. This month's bill came with a water/sewer surcharge of $195.39 that I had never seen before. Property management says that is within lease guidelines and will be charged every 5 months from now on. I looked into the lease and it reads the following "The following utilities are included in the rent - Water & Sewer (surcharges may apply)". I understand a surcharge, but $195.39 every 5 months is enough to cover the cost of water and sewer for the year which means the rent does NOT include water and sewer. Is there anything I can do to fight this or is that loose phrase "surcharges may apple" my pitfall?

Andy G. from Copiague, New York.

A: First, the clause is ambiguous, which doesn't help. Based upon what you've written, I agree with you, but I'm only hearing one side. If you don't pay it, they'll consider it a default, charge a late fee, start an eviction, add lawyers fees and so if you don't prevail in court, it's a total disaster. Is it worth it? (You risk much Earth man.)

Published 2010-05-10

Dear Mr. Reno:
I have a duplex with a garage I rent out separately. The person renting the garage left in November and I went over to the duplex last week to see If I needed to sweep it out to rent again and my tenant on the 1st. floor broke into the garage and put his things in there. I called the police and their lease comes up on 6-1-10 and of course they have not paid the rent for April and If I file for eviction it would take 10 days then If they show up it's another 10 days to pay and if not then the sheriff serves them and believe me that takes about 2 weeks, by that time they are gone, any suggestions?

michele

A: This is a slight gray area ( I know you don't want to hear that) but I would be inclined to say you can remove that stuff. Give him 48 hrs Notice: "On Wednesday, April 14th at 2:00 PM any items in the garage will be removed and disposed of. Thank you for your attention and cooperation" and attach it to his door. It's not legally a slam dunk, but I think you'd be ok.

Published 2010-05-08

Dear Mr. Reno:
My name is Saul and I am located in Massachusetts. I have a suspicion that my tenants are smoking Marijuana in the premises. Besides smelling it, I don't have any other way to prove they are smoking. What steps can I take to address this issue? Is there any type of detector that can detect marijuana smoke.
Thank you,
Saul

Saul, MA

A: I've never heard of a "pot detector", but you'll never get these tigers to change their stripes. So you can forget evicting them until you give them a 30 day notice or wait till the lease expires. (I'd just be happy as long as the potheads paid the rent - but that's just me.)

Dear Mr. Reno:
Mr Reno my name is Laurie Walsh im from iowa my question is that my dogs got out through a doggie door then a screen door that the latch was broken and the landlords knew about this but never fixed by the way they got out into a fenced in yard so they would not have hurt anything. the landlords came over unlocked our door and put the dogs in the house where they are not to be they are in basement most the time so when they let them in they destroyed our things including a table that belongs to them now they are evicting us and want us to pay rent til lease is up can they do this please respond.

Laurie Walsh, IA

A: You can fight that. You've got a lease. If they try to evict you on this they'll lose. By the way, I hope your rent is paid or else they'll use that as an excuse.

Dear Mr. Reno:
I'm new to the landlord business in NYC. Just want to protect myself.
Is it OK to have the tenant send rent checks directly to me, or should I set up some kind of shell realty corporation? I just have one unit that I am renting.

Steve U, Brooklyn NY

A: The landlord is the person or entity on the lease. You probably needed to ask this before you rented. Once the lease is signed, whoever is listed as Landlord should get the rent unless the lease says otherwise.

Dear Mr. Reno:
I am a college student living with 4 other people under a 2 year contract as of June 2009. Since signing this lease my room mates behavior has been unsanitary, to say the least. They've caused countless holes in the walls, ripped screens on the windows to gain access to our roof (against landlord policy, we were told would lead to eviction) left garbage, food and dishes around the apartment for weeks-to-months at a time causing mold and severe odor. They have even desecrated the bathroom with their own pheices, rubbing it on the shower, walls and light switches. Their behavior is affecting my well-being as a person, and my studies as a student. Can I get out of this contract?

Ian O'Neill, DE

A: My god! Who are these people, the Manson family? Just give 30 days notice and leave. You may get sued, time will tell, but you can't stay there. Hopefully, if they want to stay there, they'll make up your shortage or get another roommate.

Dear Mr. Reno:
May a tenant "waive" his right to 48 hr notice prior to routine service inspection (pest control) if I insert clause in lease that we provide free pest control monthly and will enter premises each month. I do not give exact dates and times. I understand this clause may be unenforceable but wanted to make certain. Thank you.
Sincerely,

Jennifer Steele, Property Manager, Rowe Realty, AL

A: Yes, they can waive it, if it's in writing, unequivocal and unambiguous "TENANT HEREBY WAIVES, etc etc...."

Published 2010-05-07

Dear Mr. Reno:
I gave notice to my tenant that i could not renew his lease due to damages to my property. he unlawfully held over so I filed eviction 2 days ago. He paid rent , knowing I filed. Should I keep it .?

Carla Harrison, Alabama

A: NO! NO! NO! That will renew the lease hold and invalidate the 30 day notice.

Dear Mr. Reno:
I am a commercial Landlord. I hired a local commercial Leasing agent to obtain a tenant for me. He obtained a tenant who lasted slightly less than one year of a five year lease agreement. I obtained a judgment against the tenant. While trying to discover assets my attorney discovered that the tenant had filed bankruptcy three months before he leased the property. I paid the Leasing agent a full five year fee for this tenant. The leasing agent claims he has no responsibility to determine the financial status of his prospects and refuses to refund the fee or replace the tenant. Do I have any recourse?
Thank You

Dan Forguson, IL

A: There is only one way to find out, and that's small claims court. Did you have a written agreement? If so, read the fine print. If not, it's a horse race.

Dear Mr. Reno:
HI my name is cassie and i live in reno nv.. i just want to know where to get the form to evict my brother he doesnt pay rent and we dont get along its becoming physical.

Cassie T, Reno, NV

A: First stop: the courthouse.
Next stop: Legal stationary
let me know if they're no help

Dear Mr. Reno:
If I am evicted because my dogs got out of doggie door because screen door latch was broke and they were told about this do I have to pay rent till my lease is up

Laurie, Iowa

A: If you went before a judge he would probably say you owe for any months you were living there, even though you were in the process of being evicted, which may seem odd to you, but I guess either you're still living there or not and that's what it goes by.

Published 2010-05-02

Dear Mr. Reno:
My business is structured as an LLC and so am required to be represented by a lawyer in NYC.
My question is, do I need an attorney to send a 5-day notice, or can I wait until further along in the process.
I have tenants that are chronic late payers, but have not started actions because every time I get a lawyer involved it seems that each step in the process, including serving notices take 4 weeks.
Can I have the 5-day notice served and, if necessary, pass it on to a lawyer later? Can I use this history to bring a hold over against the tenant if the behavior continues?
Thanks

Schultz, NY

A: You can do it, Yes, but you'd better make sure you do it right, b/c, the eviction may fail if the notice isn't served properly so I guess you're dammed if you do and dammed if you don't.

Published 2010-04-21

Dear Mr. Reno:
Please advise me - ASAP - a solution to my problem.
In heat of argument with my sister, last year I willed my house and property to handyman who has been living in my home for ten years. He has never paid any rent, any utilities or for any thing since he's been here. He tricked me into signing my car over to a friend of his, and now he is using my credit card and checking account. He has even bought a truck for himself. I now want to change my will and have him removed from it. I am an elderly lady and want this done as soon as possible as I may not have much longer to live. Please advise me ASAP. Thank you.

Maryanne P., Philadelphia, PA

A: Well at least you haven't deeded the house to him, at least not yet. (He'll have to wait until you pass on.) You can change or rewrite your will any time now. What are you waiting for?

Published 2010-04-20

Dear Mr. Reno:
We are Landlords in Richmond, VA. We have single family dwellings. This Winter the tenant called to let us know that the furnace went out. We called the service man, but he could not go until the next morning. From the time the tenant called and the time the furnace was fixed was less than 24 hours. The tenant told us that they were going to a motel and we had to pay for it. Can they really do this? If they can, can we set a limit to how much they can spend a night? Thank you.

HBRAVO, Richmond, VA

A: This often comes up. Some leases have provisions (fine print) that limit claims like this which are called "consequential damages". If you don't have a lease protecting you, they do have a claim. So put it in your next lease, if you have a problem with it.

Dear Mr. Reno:
I know you are very busy but I am hoping you can answer this question soon. Is it still legal for a landlord to give a 30-day notice to a tenant himself or does it have to be served by some one else now and an affidavit signed by this person. I live in upstate NY between Syracuse and Utica NY It used to be a landlord could give it to a tenant but when I spoke to the court clerk on Friday she said it is up to the judge and could not give me a answer to this question.

Milt James ( member of the lpa), NY

A: As we say in law school, there's "a split in authority" on this; I've read case summaries that go both ways. The old case said as long as you notify them, but the trend is that courts are requiring it to be served like a summons, which means a party to the action can't do it.

Dear Mr. Reno:
The owner of this building lets call him commercial_owner leased the top few floors of a commercial space to an over_tenant

this over_tenant illegally converted the floors to residential without a proper C of O and rented them to myself under_tenant. we have sub-- leases that list overtenant and landlord and our names.

suddenly overtenant says he is moving out, and so we must move out. I went to DoB and they said under the 1929 NYS multiple dwelling law we can stay (it is a defacto multiple dwelling) and are protected, and do not have to pay while they get the building up to code.

suddenly the city marshall shows up evicting overtenant and john doe. we've been served and apparently have 4 or 6 business days to leave

i claim I am not john doe. i have a lease with overtenant. however the tenant court says that unless the landlord had in writing acknowledged our existence under his roof, then we do not exist, we have no standing to ask on behalf of overtenant for show of cause. it was overtenant who spoke for us, at his hearing when he agreed to vacate premises in november. not other way around. I said if overtenant was speaking on our behalf he should have told us the eviction proceedings had been going for past five months. obviously he was hiding this information so he could take our rent and not give it to the landlord.

we are trying to file and order to show cause so we can buy a few weeks to find new housing. is there anything we can do to convince a judge to approve our order of cause?

Ben Weinstein, NY

A: Your mistake was insisting you're not John Doe. You are John Doe, AS FAR AS THIS LANDLORD is concerned because he had no knowledge of you. You have to file an Order to show Cause, as John Doe, who is a party to the proceeding and has standing. (Seek counsel)

Published 2010-04-07

Dear Mr. Reno:
I have someone living in my home (without my permission) who is a drug addict. She smokes and does drugs in my house. She disappears for weeks at a time. She does not have keys to the house. However, when she feels like coming back she breaks into my house and when I call the cops they tell me they can't do anything about it because she lives there. She breaks her way into the house either through a door or window to get into the house. She is violent and I am scared of her. I live in Suffolk County New York. What can I do. What are my rights. It is my house. And she has never paid me rent. She is my brother's ex girlfriend.

Miriam Melendez, NY

A: I'm in Suffolk - you should call me at 667-RENO.

Dear Mr. Reno:
My house is in escrow and will be closed end of this month. I am renting out 2 of my rooms (they are living with me) to a family since March last year. It's a month-to-month basis, no lease agreement or deposit (I live in CA). Their 30 days is on the 17th. They were paid until March. Was supposed to prorate their rent for April, but decided not to let them pay for it. Now, I wanted to remove my washer and dryer out of my house a week before the 17th, is it legal? I also read the California LL/Tenants Rights and Responsiblities and looks to me that they are categorized as lodgers not tenants? Please correct me if I am wrong.
Thank you in advance for your prompt response.

Riley Smith, California

A: They've been there a year; They're tenants. You can't take their appliances. Sorry.

Dear Mr. Reno:
My daughter, boyfriend, granddaughter living with me. Boyfriend (age 26) now sleeping with a 17 year old from work. He still insists on living here. Has lived here over 2years, doesn't pay any bills or any rent. We want him out. Called police and they said I must go thru eviction process. He isn't abusive except verbally to my daughter or granddaughter (almost 1yr). What do I need to do to get him out of my house (I own the house)?

RL

A: He gets a 30 day notice. Then evict or a holdover (Miriam Melendez: Same goes for the drug attic in your house.) It's a multi-step process this will take two to three months. You need a lawyer - this is tricky.

Dear Mr. Reno:
I live in an owner occupied two family house. My original tenant was arrested and from what I understand he will not be getting out of jail any time soon. His “girlfriend” who he moved in without my permission is still living in my apartment and has stopped paying the rent. Do I have to go through the eviction process to get rid of a tenant who shoud not have been there in the first place?
Thanks for you help,

Tom in NY

A: Yes you do. She's a guest of the tenant, or an undertenant or a sub-tenant and if she's there, your jailbird is still technically in possession, so you have to evict jailbird even though he's not there.

Published 2010-03-31

Dear Mr. Reno:
My name is Monica and the property I have rented is in Illinois. The tenants have not paid the rent since October and their rental contract ended on March 1st. They stayed over the contract.
What are the options I have? Thank you.

Monica, IL

A: Well you can evict for nonpayment and also as a "holdover", but I think nonpayment is better because it's quicker and the worst thing that could happen is they pay all the back rent to stay, which is not such a bad outcome anyway.

Published 2010-03-27

Dear Mr. Reno:
I got a 3 day notice to pay rent or leave earlier this month. I am moving out at the end of the month though. Can I be sued in small claims coyut before being evicted? In the 3 day notice the landlord asked for late charges and in the small claims the landlord is asking for 3 times the amount that is owed. Can the landlord ask for more the what is owed also?

Robert Brown, California

A: You can be sued for rent in small claims (it's rarely done), but only for what's owed in the lease. The landlord will never get triple, not in this country.

Dear Mr. Reno:
My tenants asked to have a dog about six months ago. I asked what kind and they said a Terrier or a Chiquaua so I said ok but you'll have to sign paperwork. They never got it. Now I found out through another tenant they got a pit bull without my permission about two weeks ago. I want to evict for safety, home owners insurance etc. The lease says no pets without prior consent in each instance.

Michelle P.

A: This is an uphill battle, but if you must serve a notice of default (most leases give a date to cure). Then terminate the lease. this is a long multi stepped process filled with pitfalls (get it? "pit" falls).

Dear Mr. Reno:
I have a tenant who's rent is partially paid by social services. Rent is $850.00. Tenant pays 250.00, dss pays 600.00. Tenants have had they're part of the rent on time for the 3 months they've been there, but dss is late every month. Rent is due on the 1st. w/ a late fee of 30.00 if nor received by the 3rd. w/ additional 5.00 per day for every day after the 3rd. for which rent is late. Signed rental agreement states this. My question is, can I legally collect late fees from tenant for the rent being late from dss. Did not get rent til the 15th last month. Today is the 21st and have not yet got rent for this month.

Oh, one more question. Are there any rules as to raising rents in NY state? (Albany County)

Dawn Cobb, Albany County, NY.

A: You have to read your DSS contract carefully. If there's nothing in there to prevent it, then your late fee is valid.
If you're not in rent control, then you can raise it (you're out of control?)

Dear Mr. Reno:
I'm actually a TENANT with a LANDLORD problem. Perhaps you can be of some assistance? My girlfriend, her daughter and I signed a two year lease last April.
Immediately after moving in we find problem after problem with the house and decided to move out after giving the landlord notice several times. These problems ranged from an over flowing cesspool flooding the basement, a severe cockroach infestation, our property being subject to an oil spill a couple of years back and still containing an active test well, 2 out of 4 burners working on the stove, a leaky toilet, no doorbell, and an outdated oil burner/heating system putting fumes into the house, as well as circulating rust through out the entire water system of the home whenever laundry was being ran. At times he was hostile with us and pushed things off saying things such as "I'll replace the burner 6 months from now when you "really" need it".

After leaving the premises, the landlord (a real estate attorney) continued to be extremely hostile with me, even with a professional attorney trying to mediate and resolve the issue. With no resolve, I have since filed a claim in small claims court. He threatened me with a $50,000 law suit for the 2 years of the lease. After several months of threats, things have seemed to died down. He even had the initial small claims court postponed due to a prior legal engagement. Now the rescheduled date is coming up. My dilemma is should I continue with my small claims hearing and risk having him serve me with a law suit or do I drop my claim and hope that he lets it go. I do have photos of the roach problem and oil burner. I also have a video of the rust in the toilet as well as a record of exterminator visits and a diagnoses from an oil burner technician. I don't expect him to be any less hostle but I'd like to resolve this matter as fairly and peacefully as possible. Thank you for your time.

Michael Mazzaraco, Suffolk, NY

A: You never really explained what you're suing for. Are you trying to get your money back? You may get some, but not much. Is it worth it? You tell me.

Dear Mr. Reno:
Can a landlord take pictures in a rented house to document the condition of the house during the monthly inspection process. thanks

NJ land Lord

A: Yes but your tenants won't appreciate it. Why don't you video the condition when they move in? That's really all that's relevant.

Published 2010-03-25

Dear Mr. Reno:
I own a duplex in small town in Michigan. My last tenant was a nightmare and I learned a lot. This same tenant used drugs in my apt. The downstairs tenants would complain but when I would get there the apt was cleared of any proof. How could I have proved the act, or did I even need to prove to evict? (Obviously the use of drugs is not allowed in the lease!)

Carrie R, Plainwell, MI

A: So who are you now, Michigan Vice? I try to discourage landlords from breaking a lease to evict a tenant who is current, based on alleged illegality. it's not your job to prove it. And even if you could, no Landlord-Tenant judge is going to conduct a drug trial. Just collect your rent and be happy.

Unless of course, if they are behind on the rent- then you can jump on the eviction.

Dear Mr. Reno:
When it rains it pours...I have two issues at two properties:

Property 1
Tenants moved out with no notice and, of course, didn't pay March rent. They are taking their sweet time moving all their junk out. How can I expedite getting possession of my property?

Property 2
Had a live-in caretaker move in about two weeks ago (I know, dumb idea). He paid only part of the deposit and no rent (even dumber); I want him out! He's flirting with another tenant, doing work while drunk, etc.--completely different from before he moved in. What's the fastest foolproof way to get rid of him? If I file eviction, can he stop the process by just paying what he owes?

Ron from Florida

A: Prop 1: Put a big notice on the door: "Please be advised that any property not removed by 3/31/10 will be DISCARDED." (It's just a bluff but it may put a fire under them)

2: Non payment is the quickest. As far as his paying, don't hold your breath. It's not happening.

Published 2010-03-22

Dear Mr. Reno:
Are the laws in Texas such that small claims court judgments for money owed to a landlord by a tenant are unenforceable by the local police and/or county sheriff in some (or all) cases?

T. Hammargren

A: We do not have debtor's prison in the U.S. That went out when they stormed the Bastille in the 1800's. Civil Judgments are no longer a criminal matter (except taxes, child support + alimony, then the cops get involved)

After filing your judgment, you may use your county sheriff to attach or seize assets of the tenant, but you'd have to locate the asset(s) first.

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