Dear Mr. Reno:
Sold a property and hold the note.
They are to make payment on the 1st of the month and we recieve it as late as the 15th. It comes direct from the bank and I have told the bank its late and they only can do what is instructed by the payee and she is aware of being late paying. I have told her when all is due= balloon payment, she will be faced with late fees. Can I charge her at the end of the term? Or is this illegal?

Bobbi allen CA

A: When would that be? You can't wait 50 years to charge a late fee. I think it goes by the statute of limitations (deadline) for suing on breach of contract. (In NY its 6 yrs, I don't know about Ca.)

Statute of Limitations State Chart on Debts

Published 2009-10-08

Dear Mr. Reno:
Hi there. We rented our unit out to tenants while keeping it on the market. It sold only two months after they moved in. IN the lease it stated that we would give them 60 days to move out. The buyers wanted to close in 45. We asked them if this would be a problem and offered to not charge them the re-key, cleaning fee, & 8 days of rent in October. I also told them verbally and in an e-mail that we would return their full deposit ( which was only $500 since the other half we were letting them pay by Sept 25th) if they left the place "tidy: and a list of items that were broken, etc would be sent to us in advance so we could make the proper arrangements to have them fixed. All we asked for was notice. We never received any answer. Upon going to the condo today we found it to be a mess-- holes in the hollow doors, metal doors, garbage disposal broken, a door missing, towel bars missing, and the place was filthy.

question: are we legally bound to return their $500 deposit when they did not let us know the condition in advance per the e-mail? And the signed lease states that it would be returned depending on the condition of the condo. lesson learned: put it all in writing, stick to contracts, & don't worry about being nice...it is a business transaction.
Any help would be appreciated.

Melissa

A: It sounds like you want to reneg on your offer, which is perfectly legal, because your offer was never accepted. You should notify them that "based upon your failure to respond to my proposal and the condition of the unit, my offer to return your $500 is hereby REVOKED".

Published 2009-10-07

Dear Mr. Reno:
Can I file a claim against a previous tenant for back rent and damages to my property if I do not have their current address? How would they be served with the papers?

A: For starters, go to small claims court & use their last known address. That sometimes works. Otherwise, you have to hire Magnum P.I. or Mannix or someone.

Dear Mr. Reno:
I moved into an apartment that a friend owned while looking for a house. I never signed a lease. In the meantime the apartments were sold and a new owner took over. I still have no lease. I bought a house and told him I was moving out. He is saying I owe him for the entire months rent. I feel I only owe him for the days I am there. I want to only pay for those days. I do not have a deposit either. What are my rights, and if I don't pay what he says what can he do?

Brandy, TX

A: If you had a verbal agreement to pay a monthly rent- one month is due- there's no law that it must be prorated, but I cant believe he'll sue you for a few bucks. Why don't you pack up and move into your house. After you're out, offer a settlement.

Published 2009-10-06

Dear Mr. Reno:
Writing as POA for my mother-in-law who is currently in an assisted living facility following a stroke. Her son Victor (50 yrs old and has never paid any rent) has taken in a very troubled teenager despite his mothers vehement objections. He falsified Social Service paperwork to indicate he had the income to support the teen and the means to house him. I've been in contact with Social Services and they readily admit that had they know the financial and home situation they never would have placed the teen but now say it a done deal and they wash their hands. Victors mother has made repeated demands for the teen to leave as she never gave permission for him to move in to begin with. He has steadfastly refused and has dared his mother to try to remove him. Now she not only wants the teen gone, she wants her dead beat son evicted. Does she need to evict the teen or can she simply throw him out as a trespasser who was never given her permission to move in in the first place?

Jim Catrini

A: I suggest you call the police first. Ask them if you can put that kid out. They'll probably make you evict him, but in the end it's the local police who decide what you can and can't do, so you might as well get it from the horse's mouth.

Dear Mr. Reno:
i am a landlady living downstairs of my tenents, i rented to 2 and now i have 4. the police have come and arrested 1 of them. i think they are dealing drugs, but they refuse to leave. they are on a month to month. but pay by the day i go to court to evict. how can i get rid of them??? i feel i am in danger.

Patti Santarelli,

A: If they keep paying the rent at the last minute, then you can't evict for non-payment- so you'll have to give them a 30 day notice.

Published 2009-10-05

Dear Mr. Reno:
I have a tenant who has a year lease, however, has not paid rent and is now 31 days late. Do I have the right to send her a notice to quit? How long does she have until I can file an eviction, if she doesn't comply with the notice to quit?
She isn't responding or answering any of my phone calls. Please help!

Alicia Rodriguez, Connecticut

A: A notice to quit is a great way of getting her attention. You only have to wait until the end of the grace period in your lease. I'd say you're cleared for take off.

Dear Mr. Reno:
can i as the landlord of a multi-family rental unit restrict the number of vehicles allowed on the property by each tennant. also that on the property any additional trailers and other recreational equipment will not be allowed

erick beck , illinios

A: You can do it in the lease, but once the lease is signed, if it's not in there, you've got troubles. Some multi-unit leases say the Landlord can implement house rules unilaterally, but it's still problematic because a judge could say you're changing the rules while the game is in progress.

Dear Mr. Reno:
My wife and I bought a house back in August. The Ex-wife of the man we bought the house from was allowed by family court order to live there until the signing date. We gave her 30 days notice to vacate and submitted paperwork for a wrongful detainer or grantor in possesion in our District Court. On the court date the judge asked if we could agree with the ex on a move out date. She explained to the judge that she could be out by the 30th of September wll beyond the 30 days we had given her. The judge set the 30th as the date then and we were notified by the ex today that she won;t be able to move out. We have filed the paperwork for an eviction and now have to wait for the eviction process to take place....2 to 3 months....maybe longer if the weather turns bad. I sat down and talked to the local Police Department and they advised me that while I can't evict the ex-wife and her friends myself,(we have to wait for the Sherrifs Dept) I can be on the property at anytime in any capacity even cohabitating as long as I do not destroy their property and do not verbally or physically assult them in any way. I am currently paying all utilities for the property as well as for the property itself. Since we cannot afford our current place and have no relatives in the area my wife and kids and I will have to move into a shelter until we can regain actual possesion of the property. This process has pretty much cost us everything we have. The current residents in our home have a bit of a problem with drugs and are facing several criminal court dates and I feel that if I am hanging around a lot then this might spur them to leave before the actual eviction in case it does take a while as well as ensure they do not do things like leave the water running in the backyard on purpose/damage the house etc. The police department said that if they show up all I need to show them is my title and the court order that they are in violation of and I will be fine Does this make sense?

Brett, Maryland

A: I disagree with the cops, but they're the ones with the guns and badges. If they'll allow it, then I guess you can. I hope you have the name & badge # of whoever told you that you can cohabitate. I've never heard of it.

Published 2009-10-04

Dear Mr. Reno:
We manage about 900 units on long Island problem: need to do too many eviction notices can not keep paying $500.00 for each filing. Is their a way to do in-house and just use attorney for court appearances when we need it.
All companies are LLCs so I know we need an attorney in court with us.

Adam, New York

A: The problem is you can't have non attorneys preparing legal documents. There is a way, if you want to do all the paperwork and the filing and service on the tenants, you have to fax the docs to the attorney before you file them so that he is "supervising" the document preparation. You should call me and we'll talk.

Dear Mr. Reno:
I have a tenant who brought his girlfriend in without my knowledge. I finally got him on a lease violation, and told her she had to sign an ADDENDUM (which she did) Now 20 days later he wants her off the lease. (I am not sure, but I think she might trying to get some sort of disability help) He ask me to take her off the lease and to change the door knob, because she could come back. I told him I would not change the knob. (Is it alright for him to change the knob and keep the keys) & to put my door knob on at a later time? I don't know if she really left. Could be a possible scam, there has been many lies told to me by him. Do I have to take her off the lease?

Marita Howell, Ohio

A: He made his bed, now he has to sleep in it (or sleep with it, as the case may be.) You have no grounds to remove her from the lease or premises, unless she agrees to it.

Dear Mr. Reno:
I am purchasing a duplex in California that was sold as a short-sale. The tenant in one side has not paid rent in five months because it was in short-sale. The agreement (with the realtor I guess) was she could stay in the home as long as she paid the utilities for both sides. One day before I was to sign the final papers we learned she had not been paying utilities (in previous owner's name) and I had to pay $1500 to allow the sale to go through. Now she is whining about the rent cost, and claiming she needs time to save up for the rent and deposit. I want to have her removed immediately, as I have no agreement with her. But the commission for human rights and fair housing (who the sheriff referred me to) said I have to get her to sign a lease before I can evict her. She won't even answer my calls.
1. Can I have her removed without entering into a lease?
2. If I do collect a deposit, can I keep $1500 as a payback for her utility bills?
Thanks for your help!

Carrie, CA

A: 1. Yes
2. No. You never had a deal with her and shouldn't be making one. She's bad news. You stand in the prior owner's shoes- you can evict her for non-payment, just as your predecessor should have. You may need a lawyer for this.

Dear Mr. Reno:
Must I obtain a Landlord License if I am living in my primary residence, and renting out the other four rooms?

Amy, MN

A: Sometimes, you do. In my area, you always need a rental permit- even if its a family member. If you're concerned, go to Town Hall and inquire.

Published 2009-10-03

Dear Mr. Reno:
I was served a 14 day notice to pay "x" amount. My rent in between that 14 day period was due again but not included in the amount on the 14 day notice. Can my landlord one change the amount without giving me a 14 day notice with the increased amount on it and two can he decline the "x" amount I'm presenting him that was on the 14 day notice before the due date?

Jessica F., Elk Grove Village, IL

A: This is common. You can pay the "X" amount now. You'll be getting a new notice shortly, I'm sure, for the new rent due. PAY THE RENT!!

Dear Mr. Reno:
MY QUESTION IS, AM I RESPONSIBLE FOR THE REST OF THE LEASE TERMS RENT IF I GET EVICTED?
THANK YOU,

ALICIA, DAKOTA COUNTY, MINNESOTA

A: It seems strange, but the answer is "yes". If you get evicted for not paying rent, the Landlord can come back later and sue for lost rent BUT ONLY until he re-rents.

Dear Mr. Reno:
Hello, I moved to CO in 2007 and let a "friend of the family" move into my home in FL because she was in a bad area of town with a newborn, I allowed her to just pay what she was paying at the other place (700), I didn't make her sign a lease, no security deposit, 1st, last or pet deposit, I just asked her to keep the yard up, and paint back to a neutral color before she left...she just moved out July 1st, I couldn't get to the house until Aug 3 to find it in disrepair, and of course the walls are still ketchup red and mustard yellow...the front bushes are up over the roof (my house in in a country club), all 3 neighbors said they never kept the yard up, the grass was always about knee high...I had a general contractor give me a bid on the repairs for the home, they came out to almost 4000.00...I emailed her and she doesn't want to work this out, she said "guess that's what a lease is for, better luck next time" and wouldn't give me her forwarding address, I finally found the address online and sent her a certified letter for the cost of repairs and she won't sign for it, what can I do??? I have before and after pics of my house, as well as emails where she says why some things were damaged etc, my neighbors are all willing to testify on my behalf.
Thank you

Jonnie Brooker, FL

A: What are you waiting for? Start the action. (Unfortunately, you may have to go to where she is. Ask the small claims court clerk.)

Dear Mr. Reno:
i made a verbal agreement to let this man move in one of my houses and he was to do remodeling and buy the materials in exchange for him not paying rent. He has not hardly done anything , and has moved his girlfriend and a child in too. how can i get him out

Molnard, TX

A: I see this arrangement often and it's always a big disaster. You could try a nonpayment on the theory that his laziness is like non-payment, but it's complicated. Better to just serve a 30 day notice to vacate.

Dear Mr. Reno:
I have tenants in a home I rent that during an inspection of the property I found that their dog (which is allowed in the lease) has urinated all over the carpets and the urine smells and carpets are stained It’s apparent that it is has not been cleaned up. Also there is damage to wood work were the dog has gauged several places. Can I demand that the dog has to go immediately? Can I demand that they payment for compensation for the damage right away and have it fixed?
Thanks,

Christa, Cincinnati, Ohio

A: Not so fast. You said they could have a dog. You need to read your lease thoroughly. Can you claim a default? Failure to maintain? Something? Anything? Does your lease say the tenant is in default if they fail to maintain the dog or cause damage to the property?
BTW: The LPA Pet agreement has language that allows you to revoke the privilege of having the pet.

Published 2009-10-02

Dear Mr. Reno:
I had 2 roommates that signed a lease back in April. The lease ends at the end of October. The agreement for them moving in was that they both needed to get a job. Now, I can easily afford paying for the rent by myself, but going onto 1 month into living with them we found out that the girl was pregnant and her kid is due in September. The guy has yet to find a job 4 1/2 months later and they use up more electricity then I want to pay for. Since her kid is due soon she will not have a way to pay for her rent and he does not have a job so he wont be able to pay either. Is there any possible way to remove these annoyances from my life?

Kelley from Oklahoma

A: I'm confused. Are you the landlord or are you one of these tenants. It sounds like you're a tenant but you want to evict the other tenants. But you can't b/c you're not the landlord, or are you? If you are a tenant with sub-tenants (like in a sublet) you can evict- but if you're just one of these tenants on a lease, you're out of luck.

Published 2009-09-30

Dear Mr. Reno:
Thanks for your response to my previous question regarding judgments and Contracts for Deed. A follow up question I have is, let’s say the purchaser on a Contract for Deed takes that Contract for Deed paperwork down to be recorded. (I have heard that ‘street-smart’ people will sometimes do this to make it harder to evict should the need arise.) Would it be advisable to perhaps stamp each page of the Contract for Deed with something that says "NOT A TRANSFER DEED". to prevent this?
Best regards,

Guy Artuso, California

A: You could do that, although I think in the end, it is what it is (Not a Deed), but why not? It couldn't hurt.

Dear Mr. Reno:
Question- I am hoping you can help me.
One of our past renters still owes us money, along with repo men coming to the door for thier vehicles. They have been out of the rental house for a year and a half. We are still getting mail from their collection agencys and recently received a bill from a radiologist that was dated two weeks ago using the rental address. I called the company to let them know and they were not happy. Is there anything I can do since they are continuing to use this address and obviouly have not lived there in a long time? I would appreciate your assistance in this matter. Thanks so much,

Stephanie

A: Go to the Post Office. Tell them you want it stopped. They'll screen most of them- but a few will still slip through occasionally.

Published 2009-09-28

Dear Mr. Reno:
Is there anything that we need to be careful when leasing our condo for 2 or 3 years?
Thank you,

Andrea Cramblit and Ben Lovelle, Washington

A: A good lease is a good start. Contact LPA directly for guidance.

Essential Landlord Forms

Dear Mr. Reno:
We rent a home to two renters (college students). We establish lease agreements for each school semester. I am having issues collecting the rent on time (most time the rent is over 20 days late - after numerous calls they pay -- generally small amounts at a time until it is paid). I would like to serve notice that they are to move at the end of the current lease term (Dec.). What do I need to do from a legal perspective - 30 day notification?
Thanks,

Dave Baglia - Port St. Lucie, Florida.

A: Yes, They still call it a 30 day notice even though you're actually giving them way more than 30 which is fine.

Published 2009-09-26

Dear Mr. Reno:
My Father rented a house to a Friend of his with a month-to-month agreement where he is acting Manager, He and his Friend Repaired the unit after 2yrs now the Friend does not want to pay rent or his utilities and wants the landlord to pay. we have served a 14day notice to pay or quit he refuses. now it is 3 months later and still they are here refusing to leave.

Gary , MA

A: Well they're not going to evict themselves. Dad's got to do it. What is he waiting for?

Dear Mr. Reno:
I have been with my boyfriend 6 going on 7 years. We have lived together in a few different residences for the past 5 years. Throughout this time he has been verbally and physically abusive, but I've never reported it.We have had to move several times because of his yelling and abusive behavior. I don't want him to go to jail, I just want him to get out.I asked him to leave and even gave a written letter asking him to leave within thirty days. He says he won't leave and I can't make him.
I was told by the Sherriffs Dept. that if he gets mail and has possesions in the home I have to give him notice. He grows more abusive everyday I still live with him. I am the only one on the lease, paying bills, and working. I've heard that restraining orders can be an expensive and a long process. I've seen online a couple different ways to serve notice, but don't know what would be best, and have a limited budget. I am currently paying for a place I don't feel safe being, and can't really afford to move right now either.Pleae give me some advise.
Thank You.

M. Holder, CA

A: One of you needs to leave ASAP. I think it will be easier(and faster) for you to leave than to get him out. You're not his landlord- you are his co-tenant. And one tenant can't evict the other. Here's my advice: Stop paying the rent, stop paying the elec. & cable- you're going to need the $ to move. You may get evicted; your credit may take a hit, but that's the corner you've painted yourself into. You need to leave now. You can pick up the pieces later.

Dear Mr. Reno:
I have a tenant who has defaulted on her lease in that she has not paid 2 months rent. I’ve sent her a formal letter via US Post office communicating to her that she owes me X amount and she has 5 days to move out or pay in full. She has given me nothing but excuses and says she will move out, but has not give me any clear answer.

Can I enter the premise and work on the property and/or remove some tools I have there?

Also, since it’s in a condo complex, can I explain to the association she has defaulted on my lease and would like to have her name taken off the mailbox and parking sticker revoked?

Dan, IL

A: You can't enter the premises. As far as taking the tools, you can't. Now regarding the mailbox, you can't; but the parking sticker is totally different; you can't. Can't, can't, can't. You need an eviction done.

Published 2009-09-25

Dear Mr. Reno:
I have a new tenant and she signed a 3 month contract (September - November). So far she breached the lease contract by leaving my front door unlocked. In addition she leaves lights on and doesn't close doors etc. Not closing doors is a safety issues when it comes to my cats etc. & is also included in the lease. I would like to evict her for breach of contract ASAP. One of my associates says I can do a 5 day as the landlords have more rights than the tenants in NV/Vegas. Is this true? I know she wants to stay & I want her gone.
Please advise. Thanks in advance.

Jennifer, NV

A: You can do a 5 day, but that's not the end of it; that's just the beginning. Maybe you'll be lucky and they'll just leave- but they could fight it (make you prove stuff, etc.) Well you have to start somewhere, and you know where to start.

Dear Mr. Reno:
If the lease does not require a security deposit, does a final statement have to be provided to the tenant at move out? If so what does it need to include.

Melanie, TX

A: No you don't; Just wave goodbye.

Dear Mr. Reno:
I bought a mobile home park, the park is in need of major repair. Gave tenants 30 day notice to vacate,it has been 30 days, mobiles have been condemned, they have no water and two families have no place to go. They have to move, these places are unsafe and a hazard to the community. What is my next step?

Tracy Fields, Ohio

A: You're off to Court. If you want 'em out, it has to be done legally.

Dear Mr. Reno:
I have tenants not paying rent, excuse after excuse. I had them served with a 3-Day notice to pay rent or quit on 9/10/09. What are my next steps? Today is 9/20/09. Have they had long enough to respond for the next step? Do I file with the courts next and on what form?
Thank you.

Ursula, San Bernardino County

A: If you're going to try this PRO SE (that means w/o an attorney) then I would go to the Court & ask them for the forms. If they wont help you, you'd be better off hiring a local eviction attorney.

Dear Mr. Reno:
I have a tenant who gave notice on the 8th of this month. I requested 30 days which puts them at the 8th of October. They have agreed to pay the prorated amount. Meanwhile, the tenant has moved out but not returned the keys. They want to have a walk through on the 28th but not return the keys until the 8th. I have a future tenant that can move in on the 8th of October but I need to make a few repairs and clean prior to that. What is a reasonable request here to make of the current tenant? Should I ask that she return the keys earlier and grant me access to the unit? Just not sure the course I should take. I don't want to be nasty about it and do things according to the law.

Ali

A: You can't have your cake and eat it too. If you're charging (prorating) the rent to 10/8, you don't get possession until then. (Query: Why don't you renegotiate rent & possession to 10/1? You say they're out.)

Published 2009-09-21

Dear Mr. Reno:
I went to small claims court today, and the Judge suggested we go outside to talk, and try to settle between the parties. He said he would do whatever we chose. We agreed that I would keep the security deposit, call it a draw, and drop the claim & counter claim. I still wish I could have used all my documentation to see if it would have held up. All's well that ends well. I really just wanted to say Thanks so much for all your help and moral support!
Sincerely,

Susan S., Saratoga County, New York

A: Right back at you, Sue. (I need moral support too!)

Dear Mr. Reno:
I rent a mobile home pad with a month to month written lease requiring 30 day written notice to terminate lease. Rent is due 1st of every month. Tenant gave me a verbal notice that he is moving his mobile home out on September 5tth He has not paid all of the rent due for September. Doesn’t he also owe rent for October? Should I serve him written notice myself to terminate lease for non payment?

Patricia Atwell, Ohio

A: He's technically liable for October- but you'll probably never get it. He's already in default. You can start evicting now for non payment, or you can wait to see when he leaves- that's your call.

Dear Mr. Reno:
I am not a landlord, but I have asked my daughter and her boyfriend to leave my house, they refused so my wife called the cops and the cop said that we will have to have them evicted. The cop said that as long as I left them stay at my house for one night they have claimed residency. I would like to know if they stay away from the house for one night can I consider them moved out? Also, they are not paying any rent, so what do I have to provide for them? They are using my TV, Computer, etc. Do I have to leave them use those items and also food, do I have to feed them?
Thank you,

Clifford K., PA

A: Oh my God! You need a lawyer ASAP. This is very messy. You have to serve a notice to quit- but these things get very technical. Don't forget (this goes for Mark from Ca. also), 99% of evictions are for non-payment. You and Mark are in the other 1%. The rules are very strict and one mistake you'll be dismissed.

Dear Mr. Reno:
I made a verbal agreement to let this man move in one of my houses and he was to do remodeling and buy the materials in exchange for him not paying rent. He has not hardly done anything , and has moved his girlfriend and a child in too. how can i get him out

Molnard, TX

A: I see this arrangement often and it's always a big disaster. You could try a nonpayment on the theory that his laziness is like non-payment, but it's complicated. Better to just serve a 30 day notice to vacate.

Dear Mr. Reno:
My tenant has been in my unit (town home for 2.5 years) the lease is up and we have been working on month to month. He pays the rent on time but is difficult to manage. His wife had a stroke awhile back and all my neighbors are having issus with him saying he has changed and become very confrontational. I feel it is time to make a change in tenants how do i ask this man to leave and what are his rights (ie how long do I have to give him). We also started with no dogs allowed and first he got two small dogs and i amended the lease but know my neighbors say he has three dogs. Help

Mark Feldman, California

A: The best way is to give a notice to vacate, without a reason. Just say, "we regret to inform you that " [enter legaleeze for "you're out!"] After the time is up, you may have to evict. In NY they call this a "holdover" Eviction (I don't know what they call it in Ca.) Note: Holdovers are very tricky. You may need legal help.

Dear Mr. Reno:
I have a 1year lease with my tenant that expires on Sept 30th 2009. She said she will be leaving. It looks like she's going to give me trouble.

I'm trying to be prepared so i'm asking now just in case, if she decides not to leave, how much is the cost to evict, average.
I have new people ready to move in with a signed lease for October 3rd 2009.

Alvin, Queens NY

A: New York City Courts are a landlord's worse nightmare. You should call Bernadette at (516) 228-0033 ext 213. She'll give you the skinny.

Published 2009-09-16

Dear Mr. Reno:
I have lived here for over two years and have been late with rent twice. I lost my job and am unable to pay my utilities in full at this time. Can I be evicted, the utiilities should be paid with the rent and my rent $1440 is paid. Thanks

Alfreda Graves, Alexandria, VA

A: It depends on the lease. If the utility bill is considered "rent", then you can be evicted. By the way, how long can you go with no electric?

Dear Mr. Reno:
I live in Texas and renting a duplex from my ex boyfriend for 16 months. He now wants to increase my rent by $100.00 each month because we are no longer dating. He will not provide me a 30 day rent increase notice. I will be moving in November because I am tired of the harassment and I am also going to basic training in the military. Can he evict me if I have been paying my agreed rent on time? Paying $695.00 now. Thanks!

Sherron, TX

A: Let not your heart be troubled. Keep paying the old rent. Ex-beau can't evict you for that. He may give you a 30 day notice- but you'll make it to November. (Maybe you should give him a Notice to Terminate?)

Published 2009-09-15

Dear Mr. Reno:
I have several tenants who were in their apartments when I acquired the building. Their monthly payments are well below the going rate for the type and condition of their apartments - at least $150. to $200. below the average rental fees for the area.

What is best? Should I inform the tenants that I am going to raise the monthly rents to where they should be (perhaps in quarterly increases) or should I inform them that their leases will not be renewed? Should I write them a letter detailing the reason for the increase such as the rising a cost of taxes, permits and repairs plus the rising cost of maintaining the building etc.?
Thank you for your early reply as I would like to do this before Christmas.

Mary Jane Moore, Phila., PA

A: I think you're on the right track. You could start with your explanation and rationale (which seems reasonable) but eventually you may have to drop the "agree or else" notice on them.

Dear Mr. Reno:
I had a tenant give 30-day written notice to vacate on June 1st, along with their rental payment. As of June 15th or so, they were mostly moved out, and living in their new place. As of July 2nd, they still had some belongings in the apartment (documented by photo with dated newspaper), and did not return the keys until July 8th (signed & dated key receipt). I did not return their security deposit ( sent an itemized settlement statement). They have filed a small claims action. I am claiming double rent pursuant to RPL Article 7 Sec. 229 Liability of tenant holding over after giving notice of intention to quit. Am I correct in stating that posession wasn't returned to me until their belongings were removed and the keys returned? I have also filed a counterclaim. Thanks in advance! You are correct, the tenant did not vacate by 7/1, but you will probably not get double rent. My research shows that statute is rarely followed by judges because of its harshness. But it can't hurt toask. You are technically correct.

Susan S., Saratoga County, New York

A: You are correct, the tenant did not vacate by 7/1, but you will probably not get double rent. My research shows that statute is rarely followed by judges because of its harshness. But it can't hurt to ask. You are technically correct.

Dear Mr. Reno:
I had renters skip out on me leaving several thousands in damages, what is my time table as to how long I can sue them in court. It has been a little over a year and everything is repaired now, how long do I have to sue?
Thanks

Chris, Hampton Roads VA

A: You have to talk to a local on that. The time limits vary state to state. Here in NY, the deadline is 3 to 6 years depending on whether it's considered a negligence action or a breach of contract.

Dear Mr. Reno:
I have a rental company manager and want them to include in the lease that the tenant pays the first $65 of any service call.They claim this is not legal under AZ landlord tenant law.. It is a clause we used for years when we rented properties ourselves. Is this legal?

Richard Steiner, AZ

A: What law makes it illegal? I've never heard of it. Is it in the Arizona Code? What Section? Can they give you a citation (cite) and we can look it up? The clause is tough and maybe "unconscionable" as we lawyer's say, but has any court so held? Not that I know of.

Dear Mr. Reno:
I live in San Diego Ca. but, I own a house in Dallas/Fortworth and I want to evict my current tenant for not paying rent.
I was wondering approximately how long it will take once I sent in the eviction form to the court? I need to get these people out so that I can rent it to some one else.
Thanks for your time and kindness, they are truly appreciated.

Teresa Stein, CA

A: Non Payment proceedings aren't too bad, 30-60 days usually. But if you're out of town, you're going to need a local attorney.

Published 2009-09-14

Dear Mr. Reno:
My question is if a person renting a room moves out without notice within the first few weeks of their rental period without notice or completely removing their possessions from the rental unit until the much later, actually the same day a new rental period would have started, entitled to any refund, either in full or a partial amount of the rent paid for thaf month? A girl that just did this is requesting a refund of her rent money, she feels she's entitled to it because she did not occuoy the property the entire month, though her possessions were still there for the entire rental period i question. Is she legally entitled to to any type of monitary refund of her money (no security deposit was paid).

Anita Hayes, MA

A: She's not entitled to anything and she's probably lucky if you don't sue her! (She gave no notice & could be held liable for the next month.)

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