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 2010-03-10

Dear Mr. Reno:
My name is Bill in Alabama. I am a member of the LPA. In Al is there a grace period on late rent? My single family rental rent is due on the first of each month. I consider it late on the 2nd day of month and subject to a late fee. Is this OK?
thank You

Bill Bailey, Property Manager, Bessemer, AL

A: A "late fee" as we say in law school is a "creature of contract". It only exists, if the parties have agreed to it, which means it's in the lease. If you want it to kick in on day 2, you may, but man are you STRICT.

Dear Mr. Reno:
My boyfriend purchased this trailer that we are currently living in, Although the mortgage is in his name I physically make each and every payment, along with the lot rent, the utilities all of them are in my name the only thing that has his name on it is the mortgage.

When we moved into the trailer he sign a letter to a government agency that he bought the trailer for me and my son’s, in this letter it states that I am to pay all the bills including the mortgage utilities and taxes, If he gives me money towards anything I am happy to put his name on the receipt. Of course I make a copy and give him the receipt. He constantly threatens to take me to court and throw me and my boys out. Does he have the right to do this?
I just brush it off cause without me and my financial stability he would not have this place. Thank you for your advice,

Adrian

A: He probably can, although it's complicated and he would need a lawyer to do it legally. By the way, you mentioned "lot rent"; so if there's rent, there probably is a lease and who's on that? I suspect just him which means he is the tenant and you're his guest. And also by the way, I think it's time to start looking for a new boyfriend, which shouldn't be hard, you sound like quite a catch.

Published 2010-03-09

Dear Mr. Reno:
My name is Robert Bendavid, I am a Member of LPA and lives in Florida. I own a Unit in Ft Lauderdale, Florida. A neighbour who lives one floor above my unit, has installed a tile floor without requesting a permit from the City and without applying in order to get an approval from the Condo Association. The subject neighbour did not have any proof of soundproofing for her floor installation and the noise is incredible. Despite numerous fines and warning letters, the owner is silent and seems to ignore the issue. What are our options left to enforce the regulations?

Robert Bendavid, FL

A: It's up to the condo association to enforce it's regs. That's who your problem is with now. Time to start attending condo meetings?

Dear Mr. Reno:
Have an apt. that we leased to two individuals. Had a 1-yr. signed lease agreement - originally signed 9/2009 thru 9/2010. Have a family that lives in apt. below. Within the 1st 5 days had complaints of new tenants having parties, load noise. Spoke w/ new tenants. The lease agreement is lengthy and very specific. Became aware that there was now other individuals other than those who signed the lease living there. 12/10/2009 sent to the tenants via return/receipt a notice that they were in default of lease, that the individual or indivduals were to vacate the property. We also notified them that we have cancelled their one year lease and they were now month-to-month. In addition, we spoke to them personally. Nothing changed. 2/1/2010 we gave the tenants a 15-Day Notice of material Non-Compliance with Residential Lease Agreement stating specifically the breaches of the lease (again) and the cure - no individual/s other than those who signed the lease originally to be in the apt. with a date of 2/16. At this point, it appears that they are not going to comply. They are current on their rent. Can I serve them with Notice to Quit by 2/18 giving them till 2/28 to move?

Margaret, Groton, CT

A: Yes, you've laid the groundwork quite well. Note: it's harder and takes longer to evict a tenant that's currant than a dead beat. But if you must, then you must.

Dear Mr. Reno:
My husband and I currently live in an apt in NJ. My husband lost his job, and all though we paid our rent every month in Oct we were short $260 which I paid in Dec, but after giving the landlord the back owed rent and paying other bills, we failed to pay Dec rent. We then got a notice to appear in court without the landlord even contacting us first. The court date was 1/28/09 in which by then we were one month behind and we tried to make a payment plan but him and his lawyers did not want to hear it and said if we didn't pay what we owed today the eviction process would still take place. I told him on the court date I mailed a check for Dec rent and all the late charges that we owed, which he was mad that we mailed it (we have to mail our rent it so I don't see what the big deal was) anyways my husband is still out of work and we have a baby so we have not paid for Jan's rent and Feb's rent was due on the 1st.So we are two months behind... My question is if he evicts us do we still have to pay the rent we backed owed plus any of the lawyers fees/court fees? And what are my rights in to as how we pay it? We are now staying with my parents and left the apartment yesterday, taking everything with us.Thank you.

Tara Mendez, NJ

A: Usually the court gives landlord a judgment for the amount owed up to up to the day of court - plus lawyers fees (if it's in the lease). They can also bring you back for more, but they usually don't.

Dear Mr. Reno:
Is the eviction process in NY state different from CA? I can Have anyone or a sheriff hand a 3 day notice to a client After apealing to them to pay the rent in writing, and by phone etc. and if they don't move out w/ in 3 days hire someone (like a sheriff) to remove them from the property (approx $100- 150 or so) Now in NY my property manager says it costs $350 to 450.
Say it ain't so!...curious landlord in CA.

Bernice, CA

A: That's a bargain. If you can get it done that cheap, go for it.

Dear Mr. Reno:
In answer to another question, you refer to a landlord giving the tenant 'proper notice to vacate on a month to month lease.' Can you describe what the 'proper notification' is in the case of monthly leases? Thanks.

Gretchen V. Jefferson City, Missouri

A: You caught me being intentionally vague. There's some disagreement on this unless you have a written agreement that specifies the manner of giving notices. The only really safe way is to "serve" it on them the same way you would serve a summons in your locality. (You could use a process server for about $75)

Published 2010-03-08

Dear Mr. Reno:
Can I turn off the water if tenant is 17 days late on rent and not returning my phone calls?

Hien N., Las Vegas, NV

A: Yes, especially if you want to go to prison. That is what is known as "Constructive Eviction" and is illegal.

Dear Mr. Reno:
Thanks in advance for any guidance you can offer.
Our rental property is located in Flanders ( Southampton Township) New York. The tenant , a single woman with one or two daughters, has been there for two years, with the current lease expiring on Jan.31,2010.
Due to many problems ( late payments, bounced checks, property not kept clean, abandoned car, your basic white trash) we sent notices of Termination of Tenancy, Rent Increase Reminder( as per holdover clause) in original lease, late payment fees. All certified mail correspondence has been returned ( not picked up and un opened ,since Sept.2009) She is aware of the contents since she did open the regular mail and expressed knowledge of the issues.

She has not paid any rent( the increased amount as a holdover and any late fees), does not accept any phone calls( her cell # has caller I.D.)and I have not been able to find her at the residence. I’ve tried to be as courteous and understanding as possible in these times( everyone has a hard luck story) but it’s obvious she is a scam artist and turns every courtesy into a way of avoiding her responsibilities. I’ve got 2 Weeks left of the security deposit, but I don’t believe she will pay anything that she owes. She simply goes into hiding.
Do I need to file papers for a holdover proceeding ?
Thank You

Michael G. Tekel, Suffolk County, New York

A: Or you can do a non-payment - it depends, do you want them out even if they pay in full?

Dear Mr. Reno:
I have a single tenant who I rented an apartment to specifically for her “1” and notice they have another adult who I did not process credit/criminal history etc living there. I looked at my lease she signed and it states the following “

*USE: The preimises shall be used as a residence by the undersigned tenant(s) with no more than “2” occupants and for no other purpose, without written consent of the Owner. Occupancy by guests staying over “3” days will be a violation of this provision. In the event any other people occupy and live in this rental, in any capacity, without the Owner’s written consent, it will consitute a breach of this agreement, and the Owner at his/her sole option may terminate this lease agreement.

My question is: because the 1st line stated residence is to be used by no more than “2” occupants; do I have grounds for sending her notice to request to have the guest move out since they were not processed like all tenants, increase her rent or worst case evict as applicable especially when it was written with “without written consent of the Owner”

I pulled this lease from LPA so want to adjust my lease going forward if needed. A point all LPA members should read once Mr Reno replies to protect yourself from having squatters living there charing more usage to water /heat etc…
Thank you.

Evelyn / NYC Brooklyn

A: I'm ok with the clause and sending the notice; I'm sure it discourages a lot of free loading. But enforcing it is another matter. You're in NYC- you're lucky if you can evict for non-payment in that kangaroo court. This is going to be an uphill battle there.

Dear Mr. Reno:
We already got the court granted us the rental back and awarded us money which we need to figure out how to collect. Ther eviction is complete and no forwarding address was given of course, they did property damage and left a lot of trash and old broken furniture , how do we go after the tenant and make him pay. Also, how do we make sure this is put on his credit record because we don't want him doing this to the next landlord.

Phil & Becky

A: These things are hit and miss. Sometimes you can never collect on a judgment. I ask my clients, do you know their bank or job? So do ya?

Dear Mr. Reno:
I am a first time renter and am getting ready to submit my first application. My husband wants me to put on the application that we only have 3 children when we have 5. He says the landlord won't care as long as we pay the rent. I get the reluctance of renting to a family with 5 kids but what happens when it comes out taht there are 5 not 3?
Thanks

Dianna

A: That's your call. Can't help you there. I do agree that if the rents paid they should be happy, but some landlords are particular about being told the truth.

Published 2010-03-05

Dear Mr. Reno:
I am the landlord/owner of a 5 bed 3 bath home. I signed a 3 year lease with an older woman who is now under hospice for cancer at some hospitol. The rent is being refused by the current tenants who lived with the lady. They claim my rent problem is with her. It is 15 months into the lease. I hired fullcount services to evit them. its been a month and still hasn't gone to court. Any advice.

David Hudson, California

A: It's only a technicality but you are actually evicting her for non-payment because with her tenants there, she is still in possession. you can also sue her for breaking the lease, but that comes later. For now, you're doing the right thing. It's only been one month- that's not unusual.

Dear Mr. Reno:
I'm writing to inquire about next steps to collect back rent from an evicted tenent. I was lucky to get them out of the house a week before actual eviction so as to save myself the move-out cost but there is still back rent of almost $12,000 plus utilities. I got my eviction judgement pack in Novemeber and it has taken this long to have the sheriff schedule the eviction in the state of Maryland.
My questions is this: what recourse do I really have with the judgement except trying to have ganishment ordered by the courts. These people don't have any real consistant employment and I'm afraid they'll just find somewhere else to work or take unemployment. Also, what advantages are there to hiring an attorney to persue the case in terms of collecting my rent? And lastly, what percentage of the rent should I expect to pay the attorney?
Thanks for addressing these questions.

Ireti,

A: You have now departed from landlord-tenant law and stumbled into collection law. You can go online and hire a collection agency - you don't need a lawyer - you've already got a judgement - but the collection agency may take from 1/3 to 1/2 so beware.

Dear Mr. Reno:
I am a member of the Landlord Protection Agency (don't have Outlook on my computer) and have a question for you. I live in San Diego, CA, and own a rental property in Lacey, WA.

It's a little complicated, but the place was previously managed by a property manager. There was a joint-ownership agreement between the two of us and his responsibility was to manage the tenant. Therefore, he chose the tenant currently living there, drew up the lease and had the tenant sign it. Now, this property manager is out of the picture (agreement has been dissolved). When I reviewed the lease, I found that it had been signed for a one-year term in 2007. An attorney here in CA said that in CA when a lease is expired it is automatically renewed for a month-to-month period.

So, first of all, I was wondering if that is also true in WA state?
Also, the previous property manager claims the tenant didn't pay rent on two previous occasions, and that his first month's rent and security deposit were eaten up by said nonpayment. How can I document this to make sure the tenant (who claims he can't recall any nonpayment) doesn't come after me for a refund of these funds after he moves out?

By the way, as of now I am not aware that the tenant has any plans to move out, so I'm trying to prepare for this in case he does.
Thank you very much for your time,

Janet Webb Lee, CA/WA

A: It's almost universal that an expired lease becomes a month to month. You need to evict for non-payment; he'll need to show his payments so I think you're ok. (By the way, what are you waiting for?)

Published 2010-03-04

Dear Mr. Reno:
My tenants neighbor claims he spoke with a lawyer to evict our tenants because the children are unruly. Is this possible? Also, wouldn't he need Police reports or some kind of proof of them being such a nuissence? The children are 15, 12, and 8.

Joy H. from California

A: Your tenant's neighbor will evict your tenant only in his dreams - not in the real world. Fear not.

Dear Mr. Reno:
In a lot of your responses you mention taking the individuals to small claims court. In my case with the leased individual certain to die in the next couple of days how do I take the current occupiers to court if I don't have names socials or other identification. I only have the license pleate numbers of all the cars associated with th epeople currently residing there.

Dave Hudson, San Diego, Ca

A: These are John Doe's. You can evict John Doe's for nonpayment or a holdover. Sometimes the John Doe's come to into court and give their names, so there's a chance you'll get a money judgment. But even then, the Judge may rule that you have no rental agreement with them. The problem is, your legal theory that these people owe you money is a little shaky.

Published 2010-03-03

Dear Mr. Reno:
Does a default clause in a lease agreement supercede the 30 day notice requirement. The default clause states that if there is a default in rent, the LL can terminate the lease and give 60 days notice so that they may correct the default, and that termination of lease cannot happen within the 60 days.

The tenants were only given a 30 day notice. They complied and left, but two of the tenants have not paid rent. Is it worth pursuing a small claims lawsuit, or does a lawsuit then open the LL up to a countersuit for not giving the 60 day notice.

Brian Sanchez, California

A: Change that lease today. That's a bad one. You've set up a situation where you can't evict a dead beat for 60 days? No way. But in this case, you lucked out and they left.

Published 2010-03-01

Dear Mr. Reno:
I'm the landlord of a section 8 tenant who is behind 4 months worth of rent. My father, who I gave power-of-attorney privileges to run my real estate affairs while I was in school, entered into an oral agreement with the tenant to pay above the stated rent in the housing contract with the NYC Housing Authority (NYCHA). Tenant had been compliant with this arrangement for a year, paying her entire monthly rent (contractual+additional) as a single lump sum with checks and money orders; so there's paperwork backing this along with receipts. The major sticking point is that I had signed a notarized landlord affidavit for the NYCHA stating I would not solicit "additional rent payment in excess of the tenant share of rent." Pleasantly enough, the affidavit also affirms that a violation of this "is a criminal offense under Section 1001 of Title 18 of the U.S. Code."

What recourse do I have, if any, given these circumstances, short of self incrimination? If I'm bold and perhaps stupid enough to take this to the courts, would they judge the excess rent payments she made as an advance towards the current unpaid rent? Presently, I'm trying to think of nonholdover proceedings to initiate, without ever bringing up the subject of money. Or just sucking up the nonpayment until her lease runs out in 2011 (!!!!) and I choose not renew the section 8 housing contract, and hope she doesn't blackmail me.
Thanks in advance for your consideration of the matter.
Sincerely,

Jonathan, Queens NY

A: You're in NYC, so you have to call Bernadette 516-228-0033 ext213

Dear Mr. Reno:
Awarded a warrant of eviction, possession only (what exactly does that mean?) Also, do I really need a mover to remove a tenant's belongings ??

Lisa Wilder, NY

A: 1. Possessions only mean you didn't get a money judgment.
2. Depends on your county. Call your sheriff.

Published 2010-02-28

Dear Mr. Reno:
My tenant (who is my brother and was on a 5 year lease w/purchase option) moved out the beginning of dec. He wanted to try to rent out the property but we just wanted to sell it and be done, but he didn't want to pay the rent while we tried to sell the property so he signed a termination of lease form on January 4th and which stated he had to have his property removed by Feb 4th @ 5:30pm. Which also stated that he could not deny us access to the property and we gave him notice that day that we would be coming and going from the house to make repairs and get the place ready to put on the market. We did find damage to the property from a leaking washer and stains in the carpet. He has all of his property out but refuses to turn the keys for the mailbox over and did not turn all of our other keys in he did give us some of them. He installed a keypad lock on one door (which we do have keys for) and plans on removing it even though he can't find the keys for the other lock. He owes us money from a couple months he was short. We have bought new locks for all the doors. Anyway I was wondering can we legally change the locks on the property and the mailbox and deny him access to it? We are willing to take a loss on the damages and the back rent just to be done with all of this.

Cassie, WI

A: I would go for it. There may be some risk, but it seems he's abandoned the property. The only safe way is an eviction, but that's probably a waste of money. You don't really think he'd sue you, do you? I strongly doubt it.

Dear Mr. Reno:
I provided my tenant with a 60 day notice of non renewal of lease on Dec 27,2009. The lease is up on March 1,2010 but I have been told by others that the tenant is not planning on leaving. If he doesn't leave so does that give me the right to have him sited for trespassing since the original contract (lease) is no longer in effect?? Or can the Sheriff tell him he needs to vacate ordo I have to go thru the eviction process regardless of giving him such notice that he is to vacate at the time of the expiration of the lease?
Thanks...I am very confused and just want this troublesome tenant out...though he is current on rent etc.

Kathleen F., Collier County, Florida

A: If you think when the lease is up you can call the police, all I can say is what are you smoking and can I have some?
But seriously, if you have a holdover tenant who will not leave, you would have to evict. It should not be that difficult, especially if you have written proof that you gave notice to terminate.

Dear Mr. Reno:
I bought a 6 apartment building in early January 2010. I also inherited 6 tenants. We did not renew leases but simply sent a note around informing tenants of the new owner and where they should send their rent payments.

On the 7th of this month, one of the tenants informed me that she will be leaving on the 15th. I told her she was in breach of her one year lease commitment and had not given the 30 day notice. She said she was not in a lease with me, but with the previous owner. What are my chances of winning this case if I took it to court for the payment of the February Rent and the lease buyout fee equal to 2 months of rent?
Regards,

Andre Guy Soh, Cincinnati, OH

A: She is wrong. She is now in a lease with you, because the previous owner has assigned it to you. Feel free to sue, if you wish.

Dear Mr. Reno:
I own a two family home. My 1st floor tenant lease ends April 30, 2010. I would like to personal occupy the apartment on the 1st floor. (2nd floor unit is rented to another tenant and will remain), On the 1st floor, I must give a 60 notice to____? Can I give the notice on March 2, 2010 instead of March 1, 2010 ? I am concern they will not pay the March rent if i give them notice on March 1, 2010. March 2, 2010 is the 60 day notice. Can I hand deliver the notice on March 2 and put the certified retrun receipt and regular mail on March 2, 2010?

Ron, New Jersey

A: Nice try. You're not the first to think of that trick, but it's got a pit fall- you're giving less than 60 days there. You may just have to risk the non-payment- that's part of the deal.

Dear Mr. Reno:
I own a commercial property in New York State, the tenants had a lease for a year term which ended June 30, 20009. The tenants defaulted by paying with a check that was returned for nonsufficent funds for January. It is now February 8th and they have not paid for January or february, How much time do I have to give them to vacate? Thank You,

PC, NY

A: I think you're jumping the gun. You've let them stay on, so now they're month to month tenants. You can either evict now for non-payment, or else serve a 30 day notice. There are your two choices.

Dear Mr. Reno:
I have started my 1st eviction with a 3 day notice (illegal use, waste and nuiscance) before the 1st of February. I am alone, widowed and disabled and drug addicts have taken over my property. It's a 3 unit building and I reside in it. The tenant responded to unlawful detainer. Will the judge make her leave or not? I am disabled, cancer, joints replaced and now a broken leg. I am scared.

Sue Wildman, Vallejo, California

A: If it's a month to month - you should be fine. If there's a lease, you've got troubles.

Published 2010-02-19

Dear Mr. Reno:
My Lease/Option Agreement calls for the tenant/buyer to pay the property taxes, inter alia, and $5/day for late fees. I'm in the process of evicting her for non-payment. Will the court have an issue with a tenant/buyer paying property taxes, or with the amount of late fees which are now over $2000.

Kim A., Michigan

A: If you're in an eviction court, they might have a problem with it. Some eviction courts say it's not rent, so they can't enforce it there. Others, will enforce it if the lease states that these things are to be considered "added rent". You should request it all. At most, you can always get them out and then go to small claims court for more money.

Dear Mr. Reno:
I have a tenant that in the last month of tenancy, with no security deposit, gave no notice, and no last months rent. What are my rights as a Landlard?? There was a 30-day tenancy-at-will-contract. This also was a year ago. Thank you for your time.

Heather Macdonald

A: Since the tenant is out, you can't go to the landlord tenant court, so it's now a small claims case. You'll get a judgment for the month he left. You could ask for two months because of no notice, but probably won't get it.

Dear Mr. Reno:
We live in NJ and purchased an 8 aprtm bldg 5 years ago. We inherited 2 tenants who were relatives of previous owner. As such, there was a one year lease which we had to honor with very low rents and with us paying the utilities. As we have rental control in our town, we are only allowed a certain percentage for a raise. When I showed the rental board how much my utilities had also gone up, they said "they are not in the untility business" (these people are volunteers, so no sure if their answer is applicable to my situation). Question, as these people are month to month as there is no written lease, can I change their rent to reflect a rent fee and a utility fee? If they refuse to sign the new lease what are my options?

Sandra Hoff, NJ

A: If you're in rent control then you can't unilaterally make these changes. (Sorry, but I think you already knew the answer.) If you want to challenge this, you'll need a rent control lawyer.

Published 2010-02-17

Dear Mr. Reno:
My husband and I currently live in an apt in NJ. My husband lost his job, and all though we paid our rent every month in Oct we were short $260 which I paid in Dec, but after giving the landlord the back owed rent and paying other bills, we failed to pay Dec rent. We then got a notice to appear in court without the landlord even contacting us first. The court date was 1/28/09 in which by then we were one month behind and we tried to make a payment plan but him and his lawyers did not want to hear it and said if we didn't pay what we owed today the eviction process would still take place. I told him on the court date I mailed a check for Dec rent and all the late charges that we owed, which he was mad that we mailed it (we have to mail our rent it so I don't see what the big deal was) anyways my husband is still out of work and we have a baby so we have not paid for Jan's rent and Feb's rent was due on the 1st.So we are two months behind... My question is if he evicts us do we still have to pay the rent we backed owed plus any of the lawyers fees/court fees? And what are my rights in to as how we pay it? We are now staying with my parents and left the apartment yesterday, taking everything with us.Thank you.

Tara Mendez, New Jeresey

A: Usually the court gives the landlord a judgment for the amount owned up to the day of court- plus lawyers fees (if it's in the lease). They can also bring you back for more but they usually don't.

Dear Mr. Reno:
The furnace went out and had to be replaced, and tenant moved to a motel for 8 days. What is my obligation for displacement reimbursement? The state is Massachusetts it was just before New Years so hard to get fast service is why the need for 8 days.

Bradley Briggs, MA

A: That's a good question. A judge could do two things. He could make you reimburse, or just prorate the rent for the eight days. It's a coin toss. Make the tenant a offer and settle it.

Dear Mr. Reno:
My mother recently died. My brothers and I live out of state and did not yet wish to sell, so we are going to rent her home in Florida to our cousin, who is a remodeler of modest means due to a disability. We would appreciate your overall advice. Here are some more specific Questions:
1. Would you recommend that we use a property mgmt company for oversight and payment of rent? or other legal arrangements?
2. We would like to give him a reduced rate of rent, in exchange for some remodelling. Any advice you can give?
Thank you,

Deborah Ridley, Albuquerque, NM

A: 1. Good idea
2. Bad idea. These things never work. A lot of questions on this website start like this: "We gave the guy a break on the rent because he said he'd do some work, etc., etc.," Here's a suggestion: give him one small job for a credit. If that works out, go from there.

Dear Mr. Reno:
I recently had a tenant leave my rental place, after review of the property I deducted 616.00 of the total 1200.00 security deposit. Of course the tenant felt that they left the property perfect. They decided to take their case to Florida Department of Agriculture and Consumer Service, division of Consumer Services and filed a consumer complaint form. Am I obligated to answer this complaint since I am not a Business entity, I tried to contact the number on the form but no one has called me back or answer the phone. Thank you.

Michael Zervos, Florida

A: Why don't you just answer it anyway. You might not be covered -but answering won't hurt and you might discourage the tenant from going to small claims when he sees you have the goods on him.

Dear Mr. Reno:
If a 2 year lease agreement was signed by of course both Rentor & Rentee, and then the Landlord moves out of the Country to another Country for the duration of lease, and does retain any Property Manager. Is the 2 year lease contract still valid??? Even though of course we are still living in the house agreeably paying rent?? Am I under any obligation to uphold the lease agreement??? Thanks

Keith Mueller/Hawaii

A: It sounds like you're getting a free ride, so what's the beef? Yes, you are still liable, as long as you're in the apartment!

Dear Mr. Reno:
I have a tenant in a commercial building who's been renting from me for four years in April. He pays $350.00 per month, I would like to know how much I can charge him (by law) to increase his rent? I have tried several different places, but noones given me any help. I would really appreciate anything you can tell me.
Thank you

Elaine, South Dakota

A: The sky's the limit! (Unless you're in a rent control or a rent stabilization area - and then you can't, without permission)

Dear Mr. Reno:
Is it awkward or difficult to have clients that aren’t located close to your office in Long Island?

Mark Roberts, Rome, New York

A: Yes, and where the heck is Rome? Although the laws are pretty consistent throughout the state (except NYC), doing eviction requires me to appear in court. So I don't think I'll be evicting in Rome or Paris or wherever. (By the way, did you know there's a Paris in Texas?)

Published 2010-02-08

Dear Mr. Reno:
Hi, my name is Ken , I live in NJ,my girl friend and I are in our mid fourtys,she has lived with me for about 5 years,she pays no rent nor do I ask,she does buy groceries, she gets her mail her, all belongings are here,and her drivers licences/ auto insurance/banking/ etc; is at my address. I have asked her to leave in the past and would not I wuold like her to leave. Advice please. Thanks

Ken, NJ

A: You have to serve her a Notice to Vacate, similar to a tenant that overstays the lease (a holdover.) These kinds of evictions are tricky. You may need help with this- but it can be done. She probably has to get 30 days notice

Dear Mr. Reno:
I have an elusive tenant who hasn't paid rent for January (its a 5 family house in White Plains NY)., is he's hardly never home. I want to proceed with the eviction process myself as much as possible,..my question for the moment is Re;the proper way to serve him notice?...Would it be OK to send my 5 day notice & after that,my 3 day of notice of termination , regular & certified mail as well as taping it to his front door?....& would it be a conflict of interest to have my brother try to serve him?? Thanks,...

Bill Cass, westchester county NY

A: Your brother can do it, but maybe you should hire a process server. It's only about $100.00, if not less. Evictions in NYC are troublesome so you need to do this right. As far as taping it to the door, that's usually ok, but only after you've made 3 or 4 attempts.

Published 2010-02-04

Dear Mr. Reno:
I’ve been a foolish & unprofessional landlord (no more!!!). I live in a very small town & for years have rented a couple single family houses by “oral contract”. I now have a tenant who not only is very late on rent, but I just recently received HER water/sewer bill, electric bill, & heating bill ! I haven’t spoken to her yet or taken any other action – I’m trying to educate myself a little first.

Dave

A: Don't feel bad, all landlords go through a learning process. I'm a big proponent of putting the utilities in the tenant's name whenever possible. As far as the rent, you should send her one strong letter, and advise her of the DEFAULT. If that doesn't work, well, you know what comes next. Don't dawdle.

Dear Mr. Reno:
My furnace was shut off on Saturday, January 29 by AmerenCIPS due to a floating flame/heat exchange problem. It was also emitting odors that were nauseating. I contacted the property manager at the time of the furnace shut off. I have not heard back from the manager or owner. It is now Sunday morning, then temp outside is 20F and inside is 38F. What is my recourse? Thank you.

Paul Burrows, Illinois

A: For starters, you need an electric heater. Also, send a certified letter (overnight mail) to the property manager. That'll get him moving.

Published 2010-02-03

Dear Mr. Reno:
I live in Nassau county and owe my landlord 2 months rent, i fell behind in December with the holidays w/ 3 kids.
He served me a 3-day notice due jan. 24th. I had Decembers rent, but not all of January's when I got the 3-day. 3-day is expired and he may proceed eviction. I offered to pay him the December rent on Jan. 27th, its $1950 and Jan. rent with in 5-10 days. Its Jan. 30th and he has not got back in touch. I will have all the rent including February's $1950 by the time he takes me to court for eviction preceeding, I have a two year lease. If I pay @ the court hearing the rent arrears will I still be evicted? I would like to continue my tenancy, I have 3 children and own my business, mortgage related business, work from my home @ present, and with the present economy and mortgage crisis my income has changed and has not been as dependable consistantly.

I will need legal council as well should I receive the notice. I live in Long Beach. ( i do not know if they will issue notice out of Long Beach City court or Town of Hempstead) does this matter?

Also I paid $3200 torwards a two month security deposit and was paying off the remainder monthly, will the remainder of $700 of the security have to be paid as well to prevent eviction? Otherwise I am a good tenant put in $1300 of new carpet upon renting at my expense and keep the property clean and nice.
Please advise and your fee if you would represent. Thank you. Kate

A: Usually you can catch up in LT court, but you might get stuck for lawyer's fees- it depends on the lease. Same with the security - depends on lease - probably won't be an issue. Tenant defenses: $500 covers two appearances.

Dear Mr. Reno:
Hello, My name is Chuck Pease and my questions is in regard to an eviction in Ma. Instead of evicting our tenant we went to arbtration with a housing court specialist. We have stayed the excution unless they don't comply with the signed agreement. We had been to trial and received judgement for monies and possession, of our property. 12/24/09. This last court date was an emergency hearing that they got. 1/28/10

Our question is, Do we still have the right to the first judgement? This allowed us access to their seecurity deposit.

Chuck Pease, MA

A: Not having been there, its hard for me to say. Was the second judgement granted in addition to the first one, or was it granted to supercede (replace) the first one? You were there; you tell me.

Dear Mr. Reno:
Hired prop.mgr. The tenants he put in did not pay the rent. Left owing $5000.00. Hired new prop.mgr. She said since home sat empty for 4 mos. do not charge clean.dep. said they were willing to clean and paint in place of rent. Said Ok for 2 mos. Take your %. deduct. their portion & remain. to prop. tax. But told her we want approval before cont. signed. & any repairs. She had them sign w/o us & e-mails and say you have to pay them 2000.00 because they rocked driveway(country home) removed a large tree , cut away bank left side of home, etc. We said no, we did not approve. She said she didn't know until it was done. Then we find out they moved a lg. travel trailer up (and that their friend did the work) in order to move their adult son into it. He is not on contract & neither or their to lg. dogs.) So we told them, we would pay for 1/2, but they had to pay remainder, because it was not approved or did we see any estimates and our previous prop.mgr. said the road was fine. He had no troubles with it or parking.
The prop. mgr. is their friend (which we didn't know) & has let them deduct Dec.rent, (w/o out our approval) . Plus, now they have not paid for Jan., they said they will not pay for Feb. or part of March until they are reimbursed.
PLEASE ADVICE. we like having it rented, but are not in a position to let them do as the please. Prop mgr is no help. We finally got a copy of the rent.agree. which shows that the home was for 2 adults. Not 3 and no pets were ever mentioned. Can we raise rent by $200.00 a mo. plus get a dep. for pets. We would like to know what to do before Feb. if possible.
Thank you so much.

Rockie

A: It seems like you and your property manager are not on the same page. Find a local attorney experienced in landlord tenant law, along with a new property manager. Maybe start using a better lease too.

Dear Mr. Reno:
she has a renter, that has a lease, and is 30 days behind on lease payment.
how can she get him out?
thank you

Ron S., WA

A: You don't have to wait for the lease to expire if the rent's late. You can start the eviction for non-payment anytime now

Dear Mr. Reno:
what are the legal ramifications if a landlord does not give a lead based paint addendum on a house built in the 60's in texas

TX

A: It's a code violation - not that big a deal - small fine at most, unless someone gets lead poisoning, and then it could be trouble.

Published 2010-02-02

Dear Mr. Reno:
After an applicant filled out an application form for a rental ranch, i told her by e-mail that she meets my criteria concerning income.However the criminal background check of her and the co-applicant is still in progress. Futhermore, the house inspection is not fully completed yet .

NOW SHE CLAIMS THAT I PROMISED AND ACCEPTED HER AS TENANT .No documents have been signed.No lease agreement either.

In the meantime the background check turned out very very badly, hers and her fiancee's Consequently i turned them down telling them acceptance denied.

NOW SHE THREATENS ME TO TAKE legal ACTION AND CALLS ME INSULTING NAMES. PLEASE ADVISE. FEAR NOT. You have done nothing wrong and a better job of screening than most. As for the insults, well, "sticks and stones...."

Karl Vogellehner ,Warren Michigan

A: FEAR NOT. You have done nothing wrong and a better job of screening than most. As for the insults, well, "sticks and stones...."

Dear Mr. Reno:
I was awarded a judgment against a former tenant in Ohio. I am unable to garnish wages- self employed through the State of Ohio (per her employer they are exempt from garnishing in the circumstance), and the bank account has been closed. Can you suggest other options?

Rebecca, OH

A: That about covers it. File the Judgment with the County Clerk. Maybe someday she'll want to buy a car and have to satisfy it. I've had tenants pay 5 yrs. later (but don't hold your breath.)

Dear Mr. Reno:
My ex decided to up and move out in to an apartment without notice in the beginning of Dec. It's been pulling teeth to get him to get the rest of his stuff out of MY house. He's working at a snails pace. Can I actually put his stuff out or sell it since it's been over a month and a half? (I don't really want to but apparently need a motivator to get his junk off my property). Thank you!

Sarah from Texas

A: You're on thin ice there. Wait until he's out 60 days. Then send him a certified letter of your intentions. That'll put you on firmer ground

Dear Mr. Reno:
Can I sue a tenant for non payment of rent if it is an illegal basement apt, there is a lease, the tenant has lived in the apt for more than 1.5 years?

Suffolk County, New York

A: The going theory is you can evict him for non-payment, but if he raises illegality as a defense, the judge can deny you a money-judgment.

Dear Mr. Reno:
What can you do about tenants letting the water freeze and causing lots of money to get pipes repaired?

Henry Hood, HOLLY Springs, MS

A: If there's no lease, kick'em out (serve 30 day notice) then sue in small claims court. If there is a lease, dum-di-dum-dum, you've got problems. Your only solution would be to declare some default pursuant to the terms of the lease, which is very hard- and you're probably going to have to wait until the lease is up and not renew it.

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