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 2009-09-02

Dear Mr. Reno:
My Name is Teresa Stein and I'm in State of Calif. but, I have question in reference to my rental house in Texas.

What should I do when my tenant short me $250.00 rent and I'm not even sure they are going to pay me the full rent for this month or not. Should I give them a chance on intallment on that $250.00 or what would you suggest? Thank you for your help.

Teresa, TX

A: You can give them a chance, but you must keep them on a short lease- or they'll get further and further behind. Why don't you tell them if you get the whole rent this month, they can pay you an extra $100 on the 15th each month until its paid?

Dear Mr. Reno:
When a tenant with a years' lease gives you a 30 day notice 1 and a half months shy of the year's deadline and if they use the security (same $ as one mos rent) as the final month's rent can they ask for the extra half month's rent back if the home is rented by the first of that month? They left the home very clean and would have rec. their security back so that was OK with me. Thanks for a reply.

Bernice, CA

A: Now let me get this straight. They gave notice around the 15th and left the following month around the 15th and then you rented the following month of the 1st. So doesn't the security get applied to the last month? So you're even? They left early (on the 15th) but then you couldn't rent until the 1st. If that's the case, no refund.

Dear Mr. Reno:
As a landlord I like to put my house for sale . the lease is for one year, how long before the lease is over do I have to let my tenant know that I wont renew the lease thank you

C.A.

A: Thirty Days should do it. Many give 60 days so they have time. Make sure you read the lease- sometimes it's specified.

Dear Mr. Reno:
My tenant’s children violated several of the condo association’s rules and regulations. They have been informed about the violations, but continue to violate them. The association will issues fines tomorrow. My tenant is very upsetting about the association and me. What should I do?
Any help will be greatly appreciated.

Ann Bunch

A: If you're paying the fines, tell them you won't renew the lease. If the tenant is paying, I guess then it's his problem.

Dear Mr. Reno:
I just got a letter from my "landlord" (I live in public housing) saying we have to pay the past due amount of July rent ($532(reg rent) - $200(we paid)= $332), and August rent in the amount of $288. Problem is, my fiance worked for them up until July 17th this year. They made a mistake and charged us $532 for August because they neglected to change the rent amount in July. He had to go and talk to them about that. Then they said it would be $50 (cheap yes, but who's going to argue that?) so we could catch up with last month and then they would change it to match his income ($880 on UC). Then we just got the letter today saying pay this NEW amount ($288) and July balance by August 31 or be faced with eviction. Can they do that (for August I mean) if we had no clue what our rent was until today?

Z. Brown, PA

A: You've got me so confused my head is spinning like a top. It's like "who's on first." Why don't you just pay the rent called for in the lease. If they've changed it they would have to give you a lot of notices. Did they? Are you sure?

Published 2009-08-29

Dear Mr. Reno:
We have tenants that did not pay their rent for May (supposedly due to a sudden death in the family), I had them sign an agreement for payment of unpaid rent, they then didn't pay July or August, and only made one payment towards May's unpaid rent of $100. They say they are moving and they have boxed up some clothes and prepared the furniture. The water has been turned off for at least a month now, (they never transferred it into their names). He is a truck driver and is hardly there. We would like to prepare for future tenants.
Can we move their stuff into the garage in order to have the carpets shampooed and clean?
Thanks in advance,

Linda Hunte

A: You are treading in dangerous waters and probably already violated the law when you let the water go off. Maybe you'll drive them out, or maybe you'll get your ass sued off. As Clint Eastwood would say "How lucky do you feel" today?

Published 2009-08-28

Dear Mr. Reno:
I had a prospect that was rushing me through the application process. As part of the process we started to fill out and sign the contract. The contract was between myself and 2 individuals. I signed the contract and then one of the 2 individuals signed the contract at which point I grabbed the contract back because I realized that I had not done my due diligence on doing a background check. Other than being a very unprofessional move on my part, is the contract valid in any sort of way. No copies have been provided and I tore up/destroyed the contract.
Thanks,

Jason McCormack, HI

A: Relax. In lawyer lingo, you made an offer (signed a contract) but then you "revoked" your offer (destroyed it) before your offer was accepted (before they both signed) so there is no binding contract.

Dear Mr. Reno:
I am located in Virginia. I have to get a Warrant In Debt against two former tenants but do not know where they currently live. I do know where they are employed.

Can the warrant be served to them at their work location? If so, if they are not there, can it be left for them or does it have to be served to them in person? If it has to be served to them in person, will the person serving the warrant find out when they will be there and go back again?
Thank you,

Kim S. Williams, VA

A: You can serve them at work, but if you're not going to serve them where they live, then you have to give it to them personally (I'm pretty sure.)

Published 2009-08-25

Dear Mr. Reno:
RENT MANUFACTURED HOME IN PARK. LEASE STATES TENANT RESPONSIBLE FOR UTILITIES. TENANT IS NOT PAYING THE UTILITIES PROVIDED BY PARK (WATER, GARBAGE, SEWER). I OWN HOME, AND PAY LOT RENT, BUT PARK MANAGEMENT IS BILLING ME AS TENANT IS NOT PAYING. CAN I TURN OFF THE TENANT WATER FOR NON PAYMENT AS AGREED IN LEASE, OR WOULD THAT GIVE THE TENANT A REASON NOT TO PAY MY RENT. NOTE SHE IS ALREADY LATE FOR RENT.

Roger, Mississippi

A: NO NO NO, do NOT turn off the tenant's utilities. You need to get rid of these people- the sooner the better. They're late on the rent, start proceedings now- don't dwadle.

Dear Mr. Reno:
I just received a water bill of approx. $600.00 for a duplex I own - single water/sewage account. There happens to only be one tenant in the building and there is no leak in the vacant apartment whatsoever. Can I present the bill to the other tenant if water & sewage charges are not (as far as the responsibilities section of the lease are concerned) her responsibility? Typically the bill runs about $100-$150 with both units occupied.

Edwin, PA

A: You can try it, but I doubt it would hold up in Court. I think it's worth confronting them. They probably know it's their fault and will pay.

Dear Mr. Reno:
hello my name is Kayla Woodbury I live in Colorado my question is what do when the landlord has pretty much abandoned the house I live in, have'nt heard from him since March 3rd, I have tried to contact him to pay my rent but have had no return calls.We have had serious plumbing problems that I have had fixed myself that he knew about..I have two small grandkids living with me and want to know what my rights are...my lease doesnt run out until March 2010 Also the city of Aurora has put a lien on the property for unpaid taxes

Any help you can give us would be greatly appreciated thankyou Kayla

Kayla Woodbury, CO

A: Enjoy it while it lasts! You've got the best rent around. (you should save receipts for anything you fix.) It would also be good for you to pay the rent its a special account in case the LL comes out of the woodwork (but I know you wont.)

Dear Mr. Reno:
I will be renting to a woman and her 6 year old daughter. Is it okay not to have tested the apartment for lead paint seeing as the child is of age? I certainly do not have the funds to have the apartment tested, which is why I made sure that any child was above the age limit. The apartment has been painted many times over, and again just recently and there are no places where paint is chipped at all.

Is it okay to proceed with the rental. She has stated that it is not a problem with her as she knows here child is old enough.

Marla Seelye

A: You sound like you know something I don't know. Is there a law in your state requiring this test? Do tell.

Dear Mr. Reno:
THE PAYMENT FOR RENT FOR A HOUSE THAT A TENANT OCCUPIES, AND HAS A SHORT Sale AGREEMENT.

TO WHOM SHOULD THE MONTH OF AUGUST BE MADE TO. THE BK 7 TRUSTEE HAS DENIED ACCEPTANCE OF THIS PAYMENT. WHO SHOULD RECEIVE THIS PAYMENT, OR MAY I PLACE IT ESCROW AND PAYABLE TO WHOM. THE FINAL HEARING IS 9/1/09. THANK YOU, .

B.LILI MULLENHOFF, BROKER

A: Pay it to the landlord.

Dear Mr. Reno:
In Ohio, are there any laws or fire safety codes for multi-unit apartment buildings to have 2 seperate entrances/exits? If so, does a 3rd story balcony count as a second exit in case of a fire? I have tried to research this and can not find any answers. My brother and his wife were in a fire, they could not get out through the door, both climbed over the balcony to escape, she fell over 40 feet, was badly injured and is now disabled as a result. The fire inspection showed no known cause. She is wondering if her landlord is liable.

Monica, OH

A: She needs a personal injury lawyer (like on TV) not an eviction lawyer. She has a good personal injury claim- and even if she can't prove the code violation, she'll probably get a settlement.

Published 2009-08-20

Dear Mr. Reno:
We’re a private real estate investment company with about 200 single family residences across the country. I am currently in the process of having them renovated so we can sell them on Land Contracts or ‘Contract for Deeds.’ The law seems to be slightly different in each state regarding how these types of agreements are interpreted. My question is, if we have a valid Contract for Deed agreement in place, do we bear any risk if the buyer has previous judgments against him? More specifically, could those judgments somehow ‘attach themselves’ to our property (which hasn’t actually transferred title yet)?
Thanks in advance for any guidance you might be able to provide.
Best regards,

Guy Artuso

A: Let not your heart be troubled. The judgments won't attach as long as title hasn't passed.

Dear Mr. Reno:
I have an experience with in one of my rental units. The air conditioning unit gave up and does not blow cold air anymore. The tenant is calling me and demands that I fix it right away. She is also demanding that I pay/deduct from the rent payment all charges that she paid for hotel lodging. Am I under obligation to refund her for the hotel lodging just because the air conditioning unit broke and I can't get it fixed until the end of the week? Where can I find more information about this issue?
I thank you for your prompt assistance with this matter.

Jose Alarcon, CA

A: Number one. Get the A/C fixed ASAP. Then negotiate a settlement. He's going to withhold rent- If you can't settle it, you'll be evicting him for non-payment- and then the judge will settle it. He wont get Hotel lodging, I don't think, but maybe some rent abatement, 10 to 20 percent maybe.

Dear Mr. Reno:
I had custom made curtains and valances made for all the windows in my rental house; I video taped everything in the house before the tenant’s moved in, clearly showing the window treatment’s. After they moved out, the valences on both windows in the breakfast nook and the curtains and valances in the master bedroom were all missing. They are now saying that the valances in the breakfast nook were not there when they moved in and that they put the master bedroom window treatment’s in the attic (they were not up there) I paid several thousand dollars for putting window treatment’s in and the ones that are missing were approximately $3000.00. I do not have the original receipt’s for this because they are about eight years old but I do have them on video tape showing they were in excellent condition and would be good for another 10-15 years. The security deposit is $2100.00 which does not cover all the damage including the missing window treatments. I have itemized damages to them and said I would be willing to accept the security deposit for all damages just to avoid having to go to court with this (we both live out of state) Will I have a problem not having the original receipt’s and would it be sufficient to get an estimate for replacing what I had in there? The tenant’s want to see original receipt’s. I am a member of LPA if that matters.
Thank You,

Janet Knowles, MI

A: You've got troubles here. Establishing the actual value of missing items is a big pain in the hiney and this is a classic example. Judge's want to see receipts. Estimates, not so much. You're gonna have your hands full.

Published 2009-08-18

Dear Mr. Reno:
Long story short......my landlord has put a satellite dish on the house I have rented for 4 years. He said it was because he appreciated a good longterm renter. Yet the real reason is, he wanted to run the cable through the back fence into his shed, because his wife rules him. She won't let him have a dish on the house. Well his this idea did not work and his "gesture" as a good landlord was retracted. Now he convinced the dish company to leave the dish on this house, the one I have been renting for 4 tears and run the cable to his house. Is this legal? Do I not have some rights here? We got into it a little this AM, because he has thought me a fool since moving in and this was the last straw. He even threw the cable over to my side of the fence so his wife cannot see it. He had something called free2air...which was a dish that basically stole satellite tv. Yet it also had to be in my backyard, not his. There has to be a law in my favor....isn't there???

"ps. in case there is any question, I have no satellite service, only a dish on my house."

Daniel L

A: They say in life you have to "pick your fights." Here, you can remove that dish if you feel that strongly about it. But I have one question: When is your lease up?

Published 2009-08-14

Dear Mr. Reno:
My question is about giving an itemized bill to tenants outlining why some or all of their deposit was withheld. Is it legitimate to say that in addition to the cost of the labor and supplies required to fix the house I will charge a fee of $10 per hour of labor performed by handymen, house cleaners and such to cover administrative expenses (basically my time and the fact that the more work that needs be done, the longer it takes for me to get the house back on the market). I figure these two expenses are fairly proportional to the amount of labor required of handymen and such. Thank you for taking my question. You can't deduct it, as a general rule, if you haven't actually paid it. If your really going to pay the people in cash (with receipt) or check, that's fine, but if that's just an arbitrary figure, it's not gonna fly.

Matt Roles, Haughton, LA

A: You can't deduct it, as a general rule, if you haven't actually paid it. If your really going to pay the people in cash (with receipt) or check, that's fine, but if that's just an arbitrary figure, it's not gonna fly.

Dear Mr. Reno:
I had someone verbally commit to an apartment and put a deposit down and 6 days later they called to say they wouldn't be moving in. I turned away a viable renter who saw it minutes after they left and turned away all calls about the apartment during those 6 days. They want their deposit back. Am I required to return it? Everything thus far was verbal but I was clear on my intentions and commitments to rent the house to them.

Susan Creech, NC

A: This is a common question, with no simple answer. Here's my advice. If you find a tenant to move in when these people said they would, give the money back. But if you can't find someone, keep the $. If they sue, you can counter-sue for lost rent.

Dear Mr. Reno:
Jacqueline Butler – VA We have tenants that have violated the lease in several ways, including not paying rent. I hired an attorney who sent a Notice to Pay or Quit only advising them to vacate because the amount of rent owed in higher then GDC limits. She advised us that we could claim possession and sue for damages later. The tenants’ attorney is now claiming that the Notice was not correct under 55-225 Va Code. I am confused? We want the house back. We will sue for damages later and on top of everything else it is a SFH not covered under VA Residential Landlord Tenant act. Any advice would be appreciated. Thanks

Jacqueline Butler – VA

A: If your main priority is getting "the house back", then the nonpayment petition is best because the other violations will be disputed, so I think your attorney did the right thing. So just forget the violations and focus on the non-payment.

Published 2009-08-11

Dear Mr. Reno:
We had new tenants move in 3 weeks ago and they are wanting to allow their mother to move in with them. If we ok this, should we do a new lease or can an addendum to the first lease be written? What is the best way to handle this? Also, is it appropriate to increase the rent? Thanks for your time and attention into this matter.

Joanie Myracle

A: Just add the addendum of the new occupant. If you're raising the rent, it also goes in the addendum- but I can't advise you on that.

(You can use the LPA's free addendum download to write it up or the "Lease Update Change of Terms" form.)

Dear Mr. Reno:
Hi- I have two people on the lease, which has become month-to-month now. One person has moved out and want to be removed from the lease. How do I go about doing this when they are behind on late charges?

g chilton

A: Well, we all want things, but I can't think of one reason to remove him from the lease unless the rent's current and there's a new tenant.

Dear Mr. Reno:
Do I need to give the tenant 30 days notice before I even file for eviction at the magistrate

Michael Hayostek, Cambria County, PA

A: Yes, except if there's non-payment, then I don't think you have to wait to give the 30 days, unless there's something special in PA- but not that I know of (how's that for a run-on?)

Dear Mr. Reno:
TRYING TO EVICT A TENANT ON MY OWN AND WAS TOLD TO GET BLUMBERG FORMS B119, T206T AND T207D WHICH DON'T EXIST ON THE BLUMBERG SITE AND I SENT THEM AN E-MAIL. ARE THESE THE RIGHT FORMS AND IS IT DIFFICULT TO DO MYSELF?

CAROL WILLIAMSON

A: I usually use T1407 & 1406 but it depends why you're evicting. You can also try a legal stationary or some of the courts now give out forms.

Dear Mr. Reno:
We have a tenant who moved out without bringing his water bill current with the local municipality. We had already settled on the Security Deposit, so deducting from that is not an option. The municipality says the water bill, unlike the electric/gas bill, is an obligation of the owner, not the tenant. Can we sue the previous tenant in small claims court for the unpaid water bill? Our lease called for the tenant to pay all utilities.

Kathryn W.

A: Yes, you can sue, but how much are we talking about? Sounds like it's time to move on.

Dear Mr. Reno:
I am renting a guest house on my property. I believe the zoning is for a single family dwelling. The guest house is attached and has a kitchen. In my rental agreement, should I mention that the unit my be in violation of zoning laws? Or, not say anything and hope for the best.
Thanks for your reply,

Tony G, California

A: I see where you're coming from, but I don't really see how that clause can help you. The general rule is that you can still do an eviction on an illegal rental, but in many places you can't sue for back rent on an illegal. You're rolling the dice, but so are millions of other homeowners, so good luck.

Dear Mr. Reno:
I just had my tenants move out ,their lease was up on July 31st by noon. They left on the 29th due to going out of town.They gave a key to one of their friends to paint for them.I didn't like that idea ,but i told them to make sure he locks things up and leave the key.The guy came over to the property many times,before working.I didn't like that either,so i had told the tenant about it,he said they will just paint and be done.Anynhow,the day they went to paint,my husband had walked over to see what they were doing,when he went into the basement he had noticed all of our copper water pipes had been snipped and taken.He then called the police and questioned the guys,they said they hadnt been down in the basement.But if not them,my tenant had over 20 people helping him move out,he shut his water off on the 24th. want to know if he is responsible for what had happened,he still had the property till the 31st.I never got my other key back from the other guy.I would like to take them to court.What do you think?

Jane, Georgia.

A: I think it's a winner! Sue the S.O.B. let me know how you make out.

Dear Mr. Reno:
One Maryland renter who is behind on rent told me July 22 that they were moving the end of the month. I went to the property on August 1 to start removing trash that they left. They came in and said I was getting rid of their property. The state police were called. He recommended we file eviction.

We went to property today and nothing has changed or moved. Their sofa is still inside along with trash.

We sent a certified letter asking if they have removed all their possessions they want.

Do we have to file for eviction or can we go ahead and repair and clean property? They have trashed the place and left trash and junk on the property. What are our rights as a landlord?

Patti Shank

A: Normally you could, but here you can't. It seems like they've left, but they "protestith." (Did I spell that right?) You're on shaky ground if you go forward without court. (Some people make everything difficult.)

Published 2009-08-10

Dear Mr. Reno:
I have tenants who failed to pay since april 2009. They are not willing to as well as dont want to move out. they also want to fight the eviction process. my home is almost into the foreclosure because of this as i , myself, cannot afford it any more.
what do you think how long will it take to get them out if i file eviction.

alia

A: Nonpayment proceedings usually take 30-90 days- but it depends on your area. The sooner you start, the sooner you'll have your place back.

Dear Mr. Reno:
I have a tenant that says they have to move. She states I have not kept the house up to par. Which is not true. A one year lease was signed and it has only been three months into it. I believe this would be considered breach of contract. What can I do?

Val Eurioste

A: You are correct. If you want her to stay (I don't know why?) send her a letter certified that you are not agreeing to letting her break the lease and intend to sue her ass off.

Dear Mr. Reno:
I live in apartments and Iam disabled and my son use to be able to visit me untill he dated a girl that lived in same apartments well they dont none live here and my son carried my grocerys in for me and things like that he did things i could not do since i have had a triple bypass and am on oygen and iam on medicare they say i dont quailfly for assitance but the managager of apartments said they can evict me if he comes over i dont really see how they can but i want to make sure they can not
thank you

cindy

A: I don't understand this. Why did your son stop coming and why are they threatening to evict you? I think you left out what your son did. Is it something to do with the girl he dated? Do tell.

Dear Mr. Reno:
I did not pay my rent to my landlord for the month of July, I spoke to him, and explain to him that I would pay on the 15 of July, a few days
Later I get a letter from court stating that I have to come to court on 8/5/09,because the landlord want to evict me, I never got a 3 or 30 day notice.
Will my landlord case be dismiss for not sending a 3 day notice?

Lawrence, NJ,

A: I think on a non-payment, you don't need the 3-day. Most leases make landlord give a 3 day notice for certain lease violations, but the courts don't require it as a prerequisite to an eviction.

Dear Mr. Reno:
We are renting our house and have received written notice August 1, 2009 that our tenants are going to be moving out on or before August 31, 2009. Our lease agreement states:

If Tenant vacates the Leased Premises before the end of the Lease term without written permission from the Landlord, the Leased Premises is then considered to be abandoned and Tenant is in default of this Lease Agreement. Under these circumstances, Tenant may be responsible for damages and losses allowed by federal, state and local regulations.
We have not given written notice. In addition, our tenant has already given us checks for the monthly rent payments for the entire 12 month term of the lease.
Question: Can we seek damages from the Tenants? Are these checks legal for us to deposit? Please let me know.

Miles A. Kaplanides, New Mexico

A: You can deposit the checks but the bank may not accept them if they're postdated. Depends on the bank. Also, they'll probably bounce like super balls. Your damages are speculative at this point. We'll have to wait and see when you rerent.

Dear Mr. Reno:
2 Questions regarding a verbal rental agreement, nothing in writing. State of MA. If tenant moves without a written notice, is the landlord entitled to a months rent for the notice period that is required? And is it impossible for this landlord to win this judgment in court since there was no written agreement?
This topic is being debated on the LPA forum with both sides strongly disagreeing. Since you are a lawyer offering free advice, I thought who else better to ask, since that appears to be an issue too.
Thank you, Monica

Monica LPA member

A: I vote that legally you should get it, the question is Will you? I had a judge not give it, he just said he "chooses not to award it", for no reason. Legally, the tenant should give notice, but sometimes landlords are held to a higher standard when it comes to playing by the rules.

Published 2009-08-09

Dear Mr. Reno:
I rent a house and am on the lease by myself. I have someone staying in one of the rooms and she has become extremely dangerous. She leaves the oven/stove on for hours, the dogs are sick, plants are dying, etc. I feel unsafe and gave her a 30 day notice 45 days ago and again 14 days ago...she continued to stay in the home. She told me she would leave at the end of next month. However, now she is refusing to to pay rent. My concern is I have a person lined up for next month and Im afraid she will continue to stay. I have tried to file a harrassment order against her but that was denied. I lost my job and have very little extra money...can you tell me what else I can do on my own?
Thank you,

Kelli Meckley

A: You're not going to avoid eviction court, if that's what your thinking. Your other 2 choices are to wait until she dies of old age or blows up the house.

Dear Mr. Reno:
My tenants moved out in month eight of a one year lease. They left the house a mess. There are three people listed on the lease, a married couple and her mother. It is the married couple who decided to move. The mother had no choice but to vacate the property as she was not able to pay the full amount by herself. I am trying to make the needed repairs as well as advertise the property for rent to find a new tenant. I told the couple that they are still responsible for the payment of the rent, according to the terms of the lease, and that I would make every effort to find a new tenant as quickly as possible. Of course, the rent is currently unpaid. I am applying their security deposit to the costs of the damage repair, however, it will be more that the $1500.00 I collected on the security deposit. I assume my option is Small Claims Court to collect the unpaid rent and costs of damage repair (minus the $1500.00). Is there any notification I need to send them prior to filing in Small Claims Court?
Thank you,

Helen A. Wheeler, California

A: You need to prepare an itemized list* of all the repairs and the lost rent, and the lost rent and total it, and make a demand for payment, which, of course they will scoff at.

* Security Settlement Statement

Dear Mr. Reno:
live in Lehigh County, Pa and I am wondering what is the maximum amount of interest I can charge a tenant if he is late with his rent. Also, is there is a minimum amount of grace period I need to give him from the due date from when I can start to charge him. Sincerely,
Don Treat, Member LPA

Don Treat, PA

A: There's nothing really written in stone, that I know of, but it's a matter of what the Judge will allow, which varies from court to court. As a rule of thumb, figure 5%. (you could put 10% or even 25% in your lease- you may get from the tenant, but it wont be awarded in court.)

Dear Mr. Reno:
I have a tenant whose husband died while living in one of my apartments. For the first time she has decided not to pay the rent and will move out after she receives her insurance money. There is no guarantee on the insurance because her husband died of a gunshot. How long do I have to wait before I file for eviction in the state of Tn.?? I want to file now that she is 20 days late—and file for late charges.

Linda Little, TN

A: You're cleared for take off!

Dear Mr. Reno:
I rent to own a duplex from my uncle. I agreed to rent to a 53 yr old woman who said she was single and her children were grown. She moved in a few months before I moved into my side and when I finally moved in I found out she had her boyfriend and daughter plus her two grandchildren living in the 2 bedroom unit. She explained her daughter would be out soon. Well fast forward a few months and she informed us she was getting married and was moving and breaking her lease but her daughter would be staying an extra 2 weeks. She wants to pay only half of the rent but her rent includes water and garbage which I pay out of her rent money. She also incidentally is moving the month her rent would increase if her daughter and grandchildren were living there still, which she was informed of 6 months ago in writing. She signed the lease stating that if anyone stayed there longer than 2 weeks the rent would be increased and we allowed her daughter 9 months. Do we have any legal rights against this woman and her daughter?

Suzanne Fox, Ohio

A: She's going into "non-payment" status shortly. If whoever's still there is not paying the full rent, you should retake the unit on that basis. If you want to give her 2 weeks to see if she leaves voluntarily, fine, but I wouldn't hold my breath.

Published 2009-08-03

Dear Mr. Reno:
My husband has moved out and gotten his own place. All of our utilities are in his name and he was responsible for paying them. He now wants me to pay them and is starting off with a clean slate, plus he changed his address to his new place so the bills were going to him and he wasn’t telling me. Can I put the utilities in my name and then the balance that is due is his responsibility and they can take it up with him?

Jessica, MA

A: Whether or not you can is up to the utility company (you probably should be asking them instead of me) and who is ultimately responsible will be decided in divorce court (but don't wait ten years because then the divorce judge will say it's "water under the electrical grid."

Dear Mr. Reno:
I have a 4-unit building in western NY state.
I have a tenant who has a 'friend' who is at my apartment building a lot. This 'friend' (a young woman) claims she doesn't live there, but she's always there. She has some of her stuff stored in his apartment. She is now causing problems, texting me all the time, involving herself in other tenants' issues, speaking to me for other tenants, threatening me with legal action, lying about things, etc. She is not a tenant. But she is acting as if she is.
What can I do to get her to get her stuff out of there, stay away from my apartment building and stay out of my business? Thank you,

Todd Chadwick, NY

A: Not much, unless you're kicking out sugar daddy also, and then only when the lease is up. She's a guest and he can have whatever guests he wants. You could try to evict on fault, but you don't have a leg to stand on.

Dear Mr. Reno:
If a tenant wants to change the wallpaper, which could use updating am I as his landlord required to pay for the new wallpaper?

Maureen M., Rhode Island

A: Probably not- it depends on the lease. You could offer to pay for the wall-paper-if they're doing the labor. You're probably not legally obligated, but that's what makes it a beautiful gesture.

Published 2009-07-31

Dear Mr. Reno:
if evicted tenant leaves vehicle parked in yard for 3 weeks after they vacated, do i have legal rights to take possession of vehicle. do not know for sure if vehicle belongs to actual tenant on lease.

Gary, Arkansas

A: Call the local Sheriff for guidance. They may have a local abandoned car procedure or they'll direct you to the proper agency. Note: This may cost you.

Dear Mr. Reno:
I bought a home at a foreclosure auction in Brooklyn. Since this was a judicial sale, the bank did not have possession of the property. Before I could close, the mortgagors filed a motion to dismiss due to improper service, which they eventually lost. They are now appealing this, as well as the foreclosure action itself. The bank will defend the appeal. In the meantime, I plan to close and evict them. There are 15+ people living in the house, including a 75 yr old mother/co-mortgagor. The other mortgagors are the two daughters. My question is:

1) Is there ANY reason the court can prevent an eviction due to the elderly mother or other disabled persons living there? Can they get a stay in housing court to prevent me from evicting them until the appeal is decided? (they have not perfected the appeal yet)
Thank you!
April

April. NY

A: The elderly mother may buy them some time. NYC courts are very pro-tenant. You're probably looking at 3-6 mos. to evict. But I don't think they will make you wait for the appeal. The stay they would have to get from the appeals court- not likely. (Is that any consolation?)

Dear Mr. Reno:
What is your opinion of lease purchase?

Henry Hood, Mississippi

A: Good for buyer; not so good for seller.

Dear Mr. Reno:
I would like to know if you could answer this question for me, as most attorneys will not because they want my business. Are the online living trusts or the one from Suzis Orman legal when written from her forms? I would like to do one but can't afford the thousands of dollars I have heard that they cost, also are these will legal when completed or does a lawyer have to do them for me?
I joined the LPA last year and have enjoyed the many forms and info I have received

Milt, NY

A: I think you could do a Last Will and Testament online w/o a lawyer- but not a Living Trust. It's too complicated. Sorry.

Dear Mr. Reno:
Diana Pierce California July 2,09 Hello, I am an tenant with a landlord problem. My landlord and I were best friends. I have been leasing for the last 6months. Our houses are about 200feet apart. She was cought steeling my hay from my backyard feeding it to her horses . I took it back and fed it to my horse. She yelled at me from her deck telling me to remove my horse from her property within 30days. The lease permits my horse to be on the property. Later that evening I got a letter in writing to remove my horse, and she has the right to remove my dogs also by whatever means possible.

Diana, CA

A: If it's in the lease, then it's in the lease. But maybe she needs a strong letter (certified) from you or a lawyer to "BACKOFF" or you're calling the cops. Try that.

Dear Mr. Reno:
How long do you have to wait to issue a 14 day notice to quit for non payment of rent? The tenant has already informed me that they will not pay?
Where can I obtain a legal 14 and 30 day notice to quit for my state without going through a constable?
Thank You,

Debra Leone, Revere, MA

A: I think you're saying she signed a new lease for 13 mos. and left before it was up. If so, rerent the unit and then serve her in small claims court for the lost rent, if you want. You can try Blumberg Law products or The LPA

Dear Mr. Reno:
I been living in a townhouse for nearly a year, we have always paid rent the same way, we had called the news on our complex because they told my husband that AC in Southeast Texas was a luxury in 110 degree weather, so we took the move to call the news. Today we received an eviction notice on our door. We paid half our rent last week, and my husband told them "We will pay the rest next Thursday" and she said that it was fine. Today at 7pm we got an eviction notice on our door, saying we have 3 days to leave the property. We have never received anything like this before, and we have always payed this way. Is this wrongful eviction? Is there a law about paying some half rent and them being able to evict us after the fact? Thanks,

Melissa

A: I guess the "let's all get along" days are over and your calling the them may have ended it. You should pay the full rent ASAP if you want to stay. Otherwise, start packing.

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