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 2010-02-03

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.

Dear Mr. Reno:
I am a landlord that hasn't been paid rent by my first floor tenant since October 2009. We are going to court this Thursday January 28 and we are supposed to Mediate (It's called the "Trial Summary Process" because our case had to be continued last Thursday 1/21 because the tenant said he had an emergency. This tenant also stated to the Judge that he would be moving on February 1st and it was recorded in the court notes. My question is when we meet with the Mediator can I request a trial the same day to make sure that this tenant leaves when he said he would. He has lied to me so many times it's unbelievable. If they tell me I have to wait until the Trial which would be on February 4th, I will not be able to get this tenant out until the 11th of February and pay a Marshall to remove them. What do you suggest I do to make sure that I have a trial the same day as the summary process?
Thank you in advance for your help!

Laura Gates, Bristol, CT

A: All you can do is tell the Court, on the record, you're "ready for trial". When the trial will be is up to the Judge, not the landlord, unfortunately. If it's down for 2/4, I doubt you can advance it. I wish I could be more help, but for a landlord, it goes with the territory.

Dear Mr. Reno:
Question: On 10/28/09, a prospective tenant was to meet me and pay 1st month’s rent, 2nd month rent, and 1 month security in order to move into an apartment on 11/1/09. She only had 1 ½ months on 10/28 and asked to move in that day. I allowed her to based on a promise to pay over the next several weeks. To date, she has been late every month, giving me sometimes the monthly rent in 3-4 payments throughout the month, and still owes $600 security deposit. Further, she owes $50 late fee for each of the three months and $40 water fee for each month. For these reasons, I have NOT given her a lease as of yet. She promises to have everything caught up in February when she received her income tax refund.

Am I wrong for not giving her a lease? DO I have to give her one? Please advise.
Thanks

Jonathan Wilson, Pennsylvania

A: It's always a bad omen when your tenant defaults on their very first payment. You probably should never have let her in at all (easy for me to say). Anyway, no lease until she's current. That's a no-brainer.

Dear Mr. Reno:
I am a renter in a complex and I arrived home and noticed that a sheriff sale was pending for the property and that the date for the sale is close, I contacted the landlord and he assured me that this was a mistake and that everything has been taken care of. Well I came home about a week ago and another notice was posted regarding the rental property. What rights do I have as a tenant and do I still have to pay the rent. OUT IN THE COLD SOON!

D. WHITE, PGH, PA

A: The first thing you should do is contact the Sheriff and find out what happened at the Sheriff's sale. If the landlord no longer owns the home, you can stop paying him and deal with the new owner. If he still owns it, you have to keep paying the rent or he can evict you.

Published 2010-01-22

Dear Mr. Reno:
Question: My tenant has been harassing me, threatening me with lawsuits, verbally abusing me (including many anti-Semitic remarks to my face, in front of others, to city inspectors, to other tenants and to workers around my small apartment complex.). Her lease has expired, but she is still paying rent.

I want to get rid of her. I have a 16 unit complex. Can I legally evict her for harassment? Can I force her to leave for any reason?

David L, NJ

A: What I'm about to say may seem strange: You can't evict her for ANY REASON, but you can evict her for NO REASON. She's a month to month tenant now, all you have to do is serve the proper notice to vacate. DON'T GIVE A REASON, it will only complicate your plight.

Dear Mr. Reno:
I am holding my Tenant's security deposit ($1,000.00) in my bank account. I know I should put that money in a separate account. Should I be paying him 3% interest per year on the $1,000.00?

SKS, Baltimore, MD

A: I can't give you a definative answer on this b/c it varies by locality. Normally, only multiple dwellings (4-6 units or more), such as apartment buildings require interest paying accounts. Is there something special about Baltimore? I don't know;; I guess you'll have to ask a local.
Try checking the Maryland Landlord Tenant Law
, Good luck.

Dear Mr. Reno:
Is a material lie on a rental application grounds for eviction; specificly in: California & Florida ?

Kevin Moran, Stockton, Ca.

A: Not really. If you want it to constitute a material default, your lease would have to specifically say so. Even then, whether you could evict someone on those grounds in debatable. I've never seen it.

Published 2009-12-31

Dear Mr. Reno:
I am in the process of evicting a tenant. I hear there are laws they say you can’t evict a tenant during the winter time. Is that true?

Gerald, Maine

A: You can't evict Santa Clause, from the North Pole on x-mas eve. Other than that, go for it!

Published 2009-12-17

Dear Mr. Reno:
Maria Brown, Salt Lake City, Utah Tenant was evicted by Constable on Nov 24; she did not take any of her possessions. I am required to hold all possessions for 30 days Question: Do I have the right to charge rent or storage fees since I cannot show the property while her stuff is still there? The house is a disaster and I cannot clean, repair, etc until all the furniture, clothing, food in kitchen, etc is removed. Food is rotting in fridge; do I have the right to throw away? Tenant tells me if I touch anything she will sue me, meanwhile, I meet her there several times a week for her to take a few things – towels, blow dryer, make-up, a few can goods, She tells me she does not have the means or the funds to move anything right now and that the Constable told her I had to keep everything for 30 days without touching it.

A: Number one, throw out the damn food! Number two, put everything else in one room- then start the cleaning, etc. (If you want, you could evacuate one room at a time.) Yes, she might sue you, but she could sue you even if you do nothing just by saying you stole something. Get started.

Dear Mr. Reno:
My current tenant has a rental agreement that’s is in effect until june 2010. she called and asked my permission if she could have his sister and his husband and a 2 yr old lived with them. I kind of want to allow it, add extra rental fee but do not want another tenant contract made. I want to know if its legal in California to add rental fee allowing the sisters family as tenants but make the current tenant responsible for the sisters family’s action and make them contract in effect as is. what’s the legalities involved in doing action such as this? Please advice.. thanks.! Happy holidays!

Manuel, California

A: Yes, that's a good idea; you need to sign an amendment to the lease that the tenant's sister, husband & kids can move in for an extra whatever and current tenant and you only sign.

Dear Mr. Reno:
I have tenants that signed a two year lease-to-purchase agreement April 2009. They just submitted a 30 day notice to move out due to job transfer. Are they still legally binded to the contract? Also, their 30 day notice is until Dec. 20, but they had the utilities turned of on the 4th. Due to the season, I had the utilities turned on in my name. What action can I take in this situation?

Liz Hunter

A: If it's not a "option-to-buy", then they are legally bound and you can sue for breach of contract. Small claims unless it's too much.

Dear Mr. Reno:
I have a tenant that has moved out but still owes us $1750. I would like to file small claims but do not know how to serve them what is your suggestion?
the daughter who is on the lease is a state (ca) paid employee - homecare worker - I have her Union information but not her physical location --
I look forward to hearing back from you

Tara,

A: You can start by using the tenants "last known address" (i.e. your place). The tenant may have his mail forwarded or maybe he's a deadbeat and doesn't want his mail. In that case, he won't get the notice and you'll get a judgment by default (i.e. you win.) Sometimes the judge wont let you use the last known address. Then I guess you'd better start to look for him.

Dear Mr. Reno:
I am purchasing a property in California and the current occupant want to stay on as a tenant. Is there a form to have him sign while he is signing the lease stating that I can sell the property while he is a current tenant?
Thanks

John Rowland, California

A: No. You don't need his permission to sell the house, as long as the buyer will honor the lease, which is a form you need signed by the buyer when that time comes.

Published 2009-12-16

Dear Mr. Reno:
I have 9 rental properties, single family homes, because of many times- no rent payments , I am having difficult time in paying the mortgages. I have taken thousands of dollar from IRA loan, loan from credit cards. Many credit card co. now I am getting the notices that they will file to get judgement for the money I owed. If credit cards co get judgement against me, what all they can garnish? and if I file for the bankruptcy, have the judgement against me from credit card co, would that affect filing for bankruptcy? All the properties just in my name.
Thanks

Anju,

A: Credit Card people will garnish your salary eventually. They'll also put liens on your properties which will have to be paid when they're sold. Beware: Your bankruptcy will free you of debt, but won't cancel the liens on the houses b/c they attach to the property.

Dear Mr. Reno:
I own a home in phila. my name alone on mortgage, deed and all utilities. Boyfriend lived with me since i purchased. I put house for sale and moved back with parents he is still there not paying how do I get him out? quickest and cheapest way Thanks for any info

Kelly, PA

A: Sounds like he is not a tenant. He's a long term guest. You can't evict him for non-payment. Since there's no rental agreement. You have to give a notice to vacate (probably 30 days) & then evict.

Dear Mr. Reno:
My tenant signed a one year lease before i purchased the apartment from a big corporation, She give me a 30 days notice after staying for 4 months. I try to work with her by not holding her responsible to pay to the end of the lease. After i did the standard repair and clean up, She owes me $580 and her security deposit covers only $500. She refuses to pay $80 and rather demands her full security deposit even after i send her the receipts. Should i ignore her calls and e-mail, or take her to court and demand the rest of my lease which amounts to $5400. Thank you

Brian Shah, California

A: Wow!! You are strict! You can sue for the balance of the lease, but beware: You can only sue for lost rent. Wait until you re-rent and then notify the tenant you will sue for the lost rent if you don't get the $80.00

Dear Mr. Reno:
What recourse do I have if my tenant is paying the rent on time, but is behind on the utilities that they pay to the city. I have recieved a third party notifcation that the city is about to turn off the utilities. I will have to pay the city as the unit is in an area where frizing temps will break water pipes.
Thanks

Jeff, Colorado

A: It's a damned if you do, damned if you don't situation. But the chances of the tenants allowing the elec. to be turned off is slim. They pay the elect. b/4 the rent. Don't lose sleep.

Published 2009-12-15

Dear Mr. Reno:
Is it legal to divulge personal information about one tenant to another tenant in the same building?

Emory Rice, New York State

A: As long as it's true information, you're violating no law. (You sound like a trouble-maker.)

Published 2009-12-14

Dear Mr. Reno:
My rental property is serviced by a private well and private septic system which are capacity limited by usage (number of residents/guests) and weather (rain--reduces capacity of septic system and drought-reduces capacity of water well due to falling water table). Am I allowed to limit the number of residents that can occupy my rental home (3 bedroom, 1 1/2) bath)?
Thank you,

Michelle Ayoub, TX

A: Yes, but there's a catch. My state an obscure clause that you can't keep out family members (against public policy)? I don't know about Texas. You should still put in the clause and you'll limit the # & keep most people out- (but maybe not everyone.)

Dear Mr. Reno:
I have a home in NJ that I rent out to college students as a winter rental. I completed an addition to the home whereby I created another bedroom and rented it out. Of the original 4 tenants, 2 are saying that they want out of the lease immediately because I increased the number of roommates. My attorney’s response is the following:
The best argument is that the provision regarding the occupancy is clearly written to apply to the tenants and to limit the tenant's use of the house. The provision is in a section that pertains to the tenants, not the landlord and that is further evidence of how that provision should be applied.
The landlord should be free to alter the house and add tenants if you see fit. There is no express restriction on that. There is no restriction on your modifying the capacity of the house, either.
Your thoughts?
Thanks

John B., NJ

A: Yes & No. On the clause, I agree with the attorney. It doesn't apply to you. But I see another argument the tenant can use. You've changed the tenancy (maybe) by altering the structure. Here's my questions to your lawyer. What if you double the house occupancy w/o adding bathrooms? Still ok?

Dear Mr. Reno:
I own a mobile home park in Illinois and was wondering if I can do forcible entry on my own or do I have to have any attorney represent me in court. My company is incorporated and I was told that might make a difference in whether I could legally do that.
Thanks,

Kelly H., Illinois

A: If you can go in without court, then I'm out of business. Is there something special about Ill. that lets you do that w/o a warrant of eviction from court? Or is a special right with a trailer park? Not that I know of- but you should probably ask a local guy. I don't think you can do that- but I could be wrong.

Published 2009-12-13

Dear Mr. Reno:
My landlord and his wife have recently been having problems. I pay rent to him, but she has recently been calling me and telling me that she wants me to vacate property at the end of Jan. We don’t owe any back rent, but she wants to move back to Chatsworth. I have only been told verbally and we don’t have anywhere to move to. I have a husband and two children. What are my rights as a tenant in this situation. Thanks

Lisa, Chatsworth, Ga.

A: I'm pretty sure that even in Georgia you have to get a written notice. So you don't have to start packing yet. Also, you can stay if Mr. Landlord says so. Either landlord can authorize you. They may get divorced over it, but you'll still be there.

Published 2009-12-10

Dear Mr. Reno:
Hello I was Informed today that a tenant was using Security rent as last months rent i disagree because there is some damage and she owes for a gas bill
how do I go about collecting for these things
Thanks

Monique, Chicago,IL

A: If you're going to wait till the end of the month & see if they leave, there's a big risk there if they don't, so you should start an eviction today to get a judgment for these things which is money out of your pocket that you may never get back, so you're damned if you do and damned if you don't, but that's part of the whole landlord deal and how's that for a run on sentence?

Published 2009-12-08

Dear Mr. Reno:
Thank you for answering our question on 11/06. We are now owners of the duplex and need to proceed on our own at this point. My son's family and as well as my family, eight of us, are living in one side of this home because the tenant is still residing on the other side. The previous owner reneged on his agreement to continue the case, and we do not want to waste our time to pursue him. This is the only home we own. As this home now falls under "non-restricted" properties, what would be the first thing I could do to start the eviction process? Could I start with a straightforward eviction notice giving 30 days? We will let her know we are the current owner, and issue a demand for rent. But that is not our primary reason--we need to occupy the property

Joy Mafera, New Hampshire

A: First, don't demand the rent, they might pay it, and as you say, this isn't about rent (you can go after him later in small claims court if you're still interested.) Start with the 30 day, then, when they don't leave, you have to serve eviction court papers (are you sure you won't hire someone? It's not that simple, but you could try it.)

Dear Mr. Reno:
I am a LL in NJ. I filed an eviction suit and won by default judgement. Today, I attended a hearing for a "Motion to Show Cause" and the judge ruled in my favor too. I am expecting the Warrant of Possession to be served soon. Is there still any way my tenant can have the court put a stay on the eviction process at this point in lieu of full rental payment? Thank you.

Alex, NJ

A: Yes, believe it or not, they sometimes can and do. All I can say is they will have a harder and harder time every time they try to stop it. The first Show Cause is easy to get. The 2nd one is hard.

Dear Mr. Reno:
If your tenant owes you back rent and cannot pay it and take them to small clams court, if you sue them and have no money to pay , what good can come out if it ? Thank You

Angelo Seigle

A: You'll have a judgment. He'll owe it to you. That's about it. What else did you have in mind?

Published 2009-12-04

Dear Mr. Reno:
I am in the military and could not sell my house when I got orders to move so I rented my house in Hawaii the lease is up in Jun 2010, I need to sale the house, can I sell the house before the lease is up without penalty? Thank you

David, Hawaii

A: You can, but your contract of sale has to say that the buyers will accept the tenants, at least until 6/2010. In other words, you can't break the lease.

Dear Mr. Reno:
My name is Jamie and I work for a small property management company in Chicago, IL. I have recently been given the daunting task of following up on our past-tenant collection cases. Each one has been handled, or is being handled by our attorney. The problem is that we're told that if a tenant moves out of state, they become "uncollectable."

Is this really true? If so, wouldn't it just be really easy for anyone who ever skipped or was evicted from a rented unit, to just move out of state and avoid all responsibility? If this isn't true, do you happen to have the name of a really aggressive landlord attorney in Chicago? (Doesn't hurt to ask, right?) Thanks for your time!

Jamie, Chicago, IL

A: When the lawyer says the tenant is "uncollectable", he probably means "uncollectable BY ME" because he's not licensed in that state. You'd have to retain counsel in that state.

Published 2009-12-02

Dear Mr. Reno:
I am a landlord in PA - my tenants are... or were, 2 friends of mine (side note, never rent to friends)
They received discounted rent for the 2 appartments b/c they provided childcare for my daughter in return.
They have informed me today that they no longer wish to babysit, or live there and they want an eviction notice. Both of them live off of the government, so I'm guessig she wanted an eviction notice so that she could get first months' rent and a security deposit paid for by welfare, however, on their "eviction notice" i wrote that the reason was because tenant informed me that she wished to move.
I wrote up a final bill page with the partial for December and Novembers electric & water, but upped the rent for December. Stating that they were employees of mine and my husband, and since they are no longer providing childcare services, that as of december 1st the rent increases to what a normal tenant would pay. Am I allowed to do that/ Its a month to month lease.
Also, as I was standing outside her door waiting to hear what the heck they were talking about, she stated "all I need is that eviction notice, and i'll ahve my attorney (i don't know if legal aid will help that) all over her @$$"
Any inkling as to why she'd need an attorney? She ASKED me for the eviction notice?
I know I'm in a bind, any advice would be great! Thanks

Michelle, PA

A: Sometimes people receiving welfare need an eviction notice to get emergency housing or some other public assistance, or a grant or maybe a lawyer- But that's none of your concern. When the rent stops, the eviction starts. Don't Dawdle.

Published 2009-12-01

Dear Mr. Reno:
I have a lease with a woman that has a boyfriend listed as a sexual offender. Her apartment address is listed as his address on the web site. I am concerned it will negatively affect existing and potential tenants and want it removed. What is the proper action to take?

Bill T., Pittsburgh, PA

A: Legally, nothing, but can you contact the website? It's up to them if they want to remove it, but maybe if you inform them he doesn't live there, they'll remove it for accuracy.

Dear Mr. Reno:
Hi there, Thank you for your previous response. I appreciate the information and encouragement.

I have another question. Now that I have formed an LLC; Unit XXXXXXXXX, LLC", here in Florida. What is the next step to protect myself and my home?

How do I turn my single family home over to the LLC as owner/landlord? Can I do this through the IRS or do I need a lawyer to draw something up for me?
Thank you!

Brenda Gamble, FL

A: You have to do a deed transfer from you to the LLC. You can call a title company or a broker. In NY it's a lawyer thing, but that's more expensive.

Dear Mr. Reno:
What is the fastest way to evict a tenant? What is shortest amount of time for me to tell them to be out, 7 days? The rent is $1000.00 per month due on the 5th of each month, it is now the 21st and they have only paid $460.00. Thank you for your help.

Becky Smith from Pennsylvania

A: The fastest type of eviction is an eviction for non-payment of rent. But if you're in a hurry, you need to use a local attorney whose familiar with the local procedures. You can try it yourself, but you probably won't get it right the first time.

Dear Mr. Reno:
I have a tenant that moved into my rental in June and signed a 1 year lease agreement and now 5 months later is stating that she doesn't think that she can afford to live there anymore. She was paying on time the first 2 months and then we splint the rent up bi-weekly and has been ever since. She has been paying the $50 late payment fee. She is currently up to date. What is my next step?
Sincerely,

Carol

A: She says she can't afford it, meaning what? She's leaving? I'd let her go, but if she plans on staying and goes into arrears, dum di dum dum.

Published 2009-11-29

Dear Mr. Reno:
What are (if any) disadvantages to a longer term (2 yrs) lease ? I rent a house that is currently back up in value since the market crash. I dont necessarily need to sell but would like to know I could if I agreed to a 2 yr lease agreement with my tenant. The house is in Florida.
Thank you,

Natalie, Maryland

A: DON'T DO IT. Tenants break the lease whenever they feel like it. It only binds the landlord. Stick to 1 yr. Tell'em you'll renew if things work out.

Dear Mr. Reno:
In the state of PA, can a landlord have a tenant's Disability, SSI or SS attached for non rental payments. If so, how does he go about collecting it? Does he have to go through the local courts or through the Federal Government?
Can a landlord have his personal property, such as furniture, car etc. held for sale in lieu of rent?

If a Landlord wants to clear and clean his property for re-rental, can he put the present tenant's furniture in storage (present tenant is being evicted for non-payment with no place in which to move) ? Thank You,

Sarah M. Phila., PA

A: Disability, SSI is not garnishable for this (The O.J. Simpson rule.) Property can be sold, but only by the Sheriff & it's an expensive process. You can put it in storage, but only after you get a court warrant of eviction.

Dear Mr. Reno:
Instructions: Please provide your name, your state, and your question. Please try to keep your question as SHORT and TO THE POINT as possible. Is it easy to evict a woman in her 60's who doesnt have a written lease, hasnt paid rent in three months, damages landlord property and has a mental disorder. she has caused a great deal of problems for all of the tenants in the building. There is a pending eviction will it take long to get her out?
Thank you in advance for your response.

Dona Saunders New York State- Westchester County

A: You shouldn't have too much trouble because she's in arrears. If she was current, then you'd have your hands full.

Published 2009-11-23

Dear Mr. Reno:
Can I pursue collections with a collection company against a tenant for unpaid rents or damages etc...without a judgment or court action?

Alan from California

A: Yes, but there's only so far they can go without the judgment. Some scary threatening letters, but that's about it.

Published 2009-11-19

Dear Mr. Reno:
I rent to my daughter and her husband, both are deadbeats and unemployed felons. I was trying to help my daughter start a new life. This has been a mistake from the beginning. We had a 1 yr lease to start with and then went to a verbal agreement month to month. The recession hit and to make it all worse we live in a poor income area with the highest unemployment rating in the U.S., and we just recently had a blowout in regards to the delinquency balance and how they haven't been paying at all lately or all the monthly rent. We are not communicating at all. I am guilty I know of letting this get out of hand, but I was trying to be a good father, and that has resulted in over a $9200.00 problem.

Now that I have the picture painted in your mind of what I'm up against. Here is my question: How or even can I try to recover any or all of this money without a written agreement
Thank You,

Steven Beeney, Michigan

A: I think you can pretty much write off the debt- you'll never see it. You're on a month to month & you're not getting the rent- Sounds like your next stop is eviction court.

Dear Mr. Reno:
I have a tenant whose lease expired and is currently month to month - his roomate moved out and now he is only sending me half of the rent. In the past I have brought tenants to court and they do not show up. I am stuck paying the attorney and court costs on top of the fact that I am out the money. What can I do to recover non-payment? Is there anything?! I live in the Pro-Tenant State of NJ.
Thank you,

Carrie, NJ

A: Your first priority is getting him out. Then you can turn the rent spigot back on. After that worry about chasing after him. Start the eviction today.

Published 2009-11-16

Dear Mr. Reno:
The living relationship is one of a boyfriend/girlfriend. The boyfriend owns the house and the girlfriend does not work nor contributes any money towards the household. She owns her own home out of state. She has been living with the boyfriend for 10 months and they just broke up and he asks her to leave. The police made her leave saying that she had no right to stay in the house as she was not a tenant and did not contribute to the household. However couldn’t she have stayed having established residency after living there for an extended period of time making the boyfriend to now treat her like a tenant and forcing him to go to court to have her evicted legally?

Rocco Sinisi, Nassau county NY

A: You are technically correct. As amazing as it may seem, sometimes these things come down to what cop answers the call. Another police officer may have handled it different. It's the luck of the draw. It's amazing, but true.

Dear Mr. Reno:
I am renting a house that is in foreclosure. The landlord never told us anything and finally we received a court judgment which states the finalization for the foreclosure. Right now we stop the payment for the rent but we want to make sure if we can make the payments to the bank and if the law cover me in any way with this fraud?
Thanks

Amarillys Vazquez, FL

A: You can stop paying the rent. Enjoy your free rental while it lasts. You'll be getting a notice from the bank to vacate any day now.

Published 2009-11-12

Dear Mr. Reno:
I subletted my apartment until the end of November. When I went to pick up November rent on Oct 31st, the tenant had left me a notice stating that since she did not believe she would get her security deposit back, she wanted it applied to November rent. Can she request this on a day’s notice? If I take her to small claims court for the rent, will I have to return her security deposit? I am in NJ. Thank you,

Megan, NJ

A: This is an age-old problem. The tenants want to live out the security because they're afraid they wont get it back. But you can't allow it, because if they don't leave, you've got to pay for an eviction, and even if they do leave, you've got nothing to cover damage to the unit. Unless you have great confidence in this tenant, you are cruisin' for a bruisin.

Dear Mr. Reno:
My rental property is in Georgia. In September Georgia was hit with a natural disaster, "Hail and wind Storms". The rental is a three bedroom, 3 level townhouse; with 3 full baths. There was water damage to the third room off the basement. The room was empty as the tenant had move in a couple of months before the storms. I file the claim with my insurance agent right away and I'm working with the adjuster and I'm getting estimates. In the mean time, I received an email from the tenant stating that she's paying for 3 bedrooms but are only able to use two. Bottom line we offered out of courtesy to take $50 of the rent until the repairs are made. She wants $200 off in which she says is comparable to two bedroom . What should be do?--

Mrs. Veronica C., GA

A: Try for $100.00? (She's entitled to some rent abatement. If you and her can't figure out what it should be- some judge will decide for you at some point.)

Dear Mr. Reno:
What to do with a tenant that becomes disabled . And now has no money to pay rent . ( no law suit pending )
Thank you Ahead of Time .

Judy McElroy , New York

A: I don't want to sound cold, but if the rent isn't paid, dum-di-dum-dum. What else can I say?

Dear Mr. Reno:
My name is Susan I'm from Massachusetts. I am the landlord and have a commercial tenant who stopped paying rent in August, their lease is up on Jan. 1 2010. They have been issued a notice to cure. Can I lock them out, holding their property within until they pay the $9,500.00 they owe?
Any suggestions would be appreciated, I feel like Massachusetts only protects tenant rights both residential and commercial.
thank you

susan mason

A: Not in this universe. That's why there's a court for evictions. Sorry.

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