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 2009-07-31

Dear Mr. Reno:
Both parents are deceased as of 4/22/09. The home in Chicago is now owned by 11 adult children.
How can we legally evict the one sister who resides in the house so we can sell the home?
Thank You,

Gloria J. Smith, IL

A: The estate has to be probated (or administrated) or whatever they do in Illinois so that an Executor of the Estate is appointed & then that's who evicts her.

Dear Mr. Reno:
How may I evict my daughter from my home? She has been sneaking men in MY home when I am sleeping, stays out until the wee hours and has treated me with 0 respect.

Wendy

A: Say it aint so! Once she's 21 (18 in some states) she's no longer your responsibility; she's your guest. She gets a 30 day notice to vacate; then evict in court as a hold over tenant.

Published 2009-07-30

Dear Mr. Reno:
If old tenant upholds the move in date of the new tenant for 2 days due to not having all of their belongings off the premises can we charge the old tenant for the prorated rent we had to credit the new tenant? Can we charge the old tenant for the cancellation and rescheduling fees we had to pay for the new tenants moving truck rental?

Cyndee Allen, California

A: Definitely yes to the 1st question; the second question is harder I would say yes if you actually paid it and as long as you're not taking more than one month's rent in total damages.

PS: What does your rental agreement say?

Dear Mr. Reno:
I hired a management company to look after one of my properties, they had an employee embezzle hundreds of thousands of dollars.. including one of my rent payments and the account that has my tenants deposit. They are telling me that I am responsible for refunding the deposit that was lost in escrow, and are proposing to pay me $10 a month for 36 months and a balloon at the end of about 750…any thoughts?

Dave K.

A: So they took over $100,000 and now they are offering $10 per month for 36 mos. which is $360 plus $750 which ='s $1110.00? Sounds like fuzzy math. Also, why isn't the D.A. involved?

Dear Mr. Reno:
Our tenant lease is monthly. Shes always 9-10 days late on her rent & I always let her pay the late fee. She promised me to pay after 9-10 days but then when i collect the rent she only have half of the rent. Can we still go on an eviction process even she gave us half payment?

Josie, Delaware

A: Yes you can and should.

Dear Mr. Reno:
A house I bought had no ventilation opening for the dryer. I didn't notice it. A new tenant I got recently talked to me about it, and few days after it had been fixed. Now the tenant is demanding that I do a duct cleaning on my expense, since the house "was not equipped with the ventilation opening as the building code says". She also ordered a company to do the inspection.
It was not part of the agreement, never was a condition, and the tenant signed an inspection sheet 3 weeks after entering the house, showing everything was ok. Who is right. Do I need to do/pay it?
Thanks,

Ygal Doron

A: She can do all the inspecting she wants, but this sounds like the tenant from hell & you need to get her out if there as soon as possible 'cause she'll drive you nuts. I hope the lease is not for two many more months or years.

Dear Mr. Reno:
we just recently purchased a home with a barn on the property. We are using this home and property for a rental. Do we need any special insurance for renting the barn. We are in Washington state. appreciatively, L

Jennifer H., WA

A: You need a heart to heart talk with your homeowners insurance agent. Is this rental covered? You may need a special rider that you have a rental. Also, your policy won't cover the renter's personal property, so if they want coverage, they need to buy renter's insurance.

Dear Mr. Reno:
I have a tenant that vacated my property June 20, 2009. They are paid up through July 31, 2009. When can I take possession of the property to re-lease? The lease was broken early, there is junk all over the house.

Mark Reid, North Carolina

A: You said they left, have they? (I say, if their clothes are gone, they're gone.) Retake possession.

Published 2009-07-29

Dear Mr. Reno:
My neighbor has a tree in his yard what has grown huge over the past 3 years, The tree has spit the dividing wall in half and had literally raised the asphalt from my side of the wall. I got the estimate done and it will cost $2000.00 to dig and cut out the roots on my side and re-surface the asphalt. Who should pay for this? Could I sue my neighbor? for the past 3 years it has been one excuse after another.
Thank You,

Linda

A: This is a troublesome issue that goes beyond my expertise in landlord-tenant. From what I've heard, you can't sue the neighbor for damage their tree causes, which makes no sense to me. Why don't you ask them to pay 1/2 & if they wont, sue in small claims court. That's what I would do. Also see articles on the subject at:
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/17/AR2006021700957_pf.html
http://www.wwlaw.com/neighbor.htm

Dear Mr. Reno:
Is it legal to ask for gross annual income and number of family members and credit rating over the phone before you go and show the property? This would save us (landlord) and current tenants much time & trouble. Thank you.

Janet Young, Mass.

A: Yes, it's legal; I don't know how reliable the info will be, but any information that's voluntarily disclosed is fair game.

Dear Mr. Reno:
We have a tenant that paid his rent on May 8 for the month of May. We have not heard from him since. He told us he was going on vacation for 2 weeks at the end of May and June rent will be late. We called and stopped by the apartment in June. On July 1, we left a 5 day notice on the door. Still no response. Last week we finally talked to his sister. He has been jailed in another state. No one is able to post his bond and no one knows how long he is to be in jail. What options do we have to remove his belongings and re-rent the apartment? What are are legal responsibilities?
Thanks.

Cathy in Illinois

A: You're going to have to start a legal proceeding to evict him (don't call me, I'm in NY). Even though he's left, his stuff is still there, so he's still in possession and if you dispose of his stuff without legal process, you may wind up in a cell next to him. (Don't worry, you wont have to find the jailbird to evict him.)

Published 2009-07-24

Dear Mr. Reno:
My tenant took all his stuff and moved overseas without paying the rent for July while the lease was not supposed to end until 12/31 and did allow for any early termination. Can I sue him for rent through the end of the lease (12/31) given that I have no address for him and that he's now in a different country? All I have for him is an email address. Please advise. Thanks.

Jai Hokimi, VA

A: After you rerent, you can sue for the months of lost rent, the problem is you can't sue an E-mail address; You have to use his last known address, which is your house, and the judge may or may not allow it, but you can try. Good Luck.

Dear Mr. Reno:
As a landlord, what options are available to me to gain possession of my home if I get divorced before the lease expires? I'm getting ready to sign a 1 year lease with a new tenant and am concerned that something will happen before the 12 months are up. Thanks!

Missy F., Iowa

A: Sounds like you're going to be homeless, unless you stay married. Have you considered counseling? I guess marriage counseling or a MONTH to MONTH lease- those are your options.

Dear Mr. Reno:
I am the owner of a commercial property. I have 2 tenants that have not paid rent for 3 months going on 4 that have leases. I have security from them when they moved in, but that security is for when they vacate the premises. They have no intentions of leaving. They claim business it bad. What can I do?
Thanking you in advance.

Cookie S., Bronx, N.Y.

A: A strong letter from your lawyer would be a good start. And then, What can I say? Eviction papers? You've waited long enough. Would you consider lowering their rent due to the economy? You're under no obligation, but it's a business decision.

Published 2009-07-21

Dear Mr. Reno:
I want to evict a roommate that has been living in my apartment for less than 30 days and is not listed on the lease. He has made one rent payment for the month of July. Is he now considered a month to month renter or a guest since it's less than 30 consecutive days? Do I have to give him 30 days to move out or can I request he move out at the end of the month? Lastly, how should this letter be served (notarized, certified mail)?
Thank you!!

Courtney Lyons, New York (specifically Brooklyn)

A: You say he's a "guest" but he pays rent? What guest pays rent? He may have been a guest, but now he's your tenant- he gets a month's notice.

Dear Mr. Reno:
I rented my townhouse (in PA) to 3 people. They couldn't make payments on time every month, plus they shorted me....There was always an excuse as to why they couldn't pay me in full. It became obvious to me that they just could not afford the rent plus the utilities, so I asked them in a respectful way to pack up and leave. I was promised payment in full before they left but that never happened (should've seen that coming) Two out of the 3 people left town, one moved back in with his mother that lives in the same area I rented to and I have been in contact with. He is fully aware that he is now responsible for his friends debts since he is on the lease. He has been honest enough to start paying me back , but now I would like to help him. He has found out where his 2 ex-friends are living (in VA). Can he go after them for the money he is putting out to cover their debt ?
Thank you for your advice

Cheryl, NY

A: Yes, it's called an action for "contribution". That's where a person, whose jointly liable with others for a debt, pays more than his fair share of the debt and now wants them to contribute. But suing someone in a different state has jurisdictional complications and he'll need a lawyer. I don't see it happening.

Dear Mr. Reno:
My mom who is 89 y]o received a notice to vacate in 10 days because of several complaints of smoke coming from her appt. which was good for me because i was trying to get her to move to retirement home but she refused to leave. Her rent was up to date and the letter was dated 6/29. Do I owe the complex any additional rent for the month of July ?

Kathy Grant, N.C.

A: Alas, the evils of smoking. She's still there- we're in July, what do you think?

Published 2009-07-16

Dear Mr. Reno:
I have purchased a freestanding office building and also assumed the lease, along with a $2500 security deposit. The current tenant's lease is expired and about to vacate, but they have removed doors, worn the carpet, damaged the drywall. How can I maximize what I keep from the security deposit in this situation?
Thanks in advance KEEP YOUR RECEIPTS! Any repairs you're going to make- do it quickly (don't dawdle). Also, if you do work yourself, you will probably not be able to recover reimbursement for your efforts- only "out of pocket."

Anthony J, Texas

A: KEEP YOUR RECEIPTS! Any repairs you're going to make- do it quickly (don't dawdle). Also, if you do work yourself, you will probably not be able to recover reimbursement for your efforts- only "out of pocket."

Dear Mr. Reno:
I have a clause in my lease that states if the tenant defaults against the lease in any way, they forfeit the security deposit. Is this considered an unconscionable lease clause? I've always had plenty of documentation, so when they don't get the security back, they never argue.
Thanks in advance,

Susan S., Saratoga County New York

A: I don't believe it will hold up b/c the clause is "punitive"; it exacts a punishment for breach in an amount not necessarily related to the monetary loss to you. What if the breach costs you $25 out of pocket? Should you still get their whole security deposit? No, I didn't think so.

Published 2009-07-15

Dear Mr. Reno:
Tenants moved in to a unit and in less than 2 years moved out leaving a pet odor. They demand all their deposit back and I have tried to show the unit and the smell is not helping.

What evidence will I need if they decide to take this to court? Will the experience with a statement from the carpet cleaner be enough. Their deposit will only cover half .

Lisa B.

A: This situation stinks. You are in deep do-do (pardon the puns.) You can't take a smell to court (or a written statement. If you've paid the carpet cleaner, you can use a paid bill and your own testimony. In Court, it's all about "out of pocket" expenses, not speculation.

Dear Mr. Reno:
I have two tenants in the same situation. They moved in at the end of May with rental assistance from a government agency. I knew that I had to be patient and that the tenants had no money. Needless to say that almost two months has passed by and I received nothing from the agencies for rent. How many notices of 'Past Due Rent" and "Notice of Eviction" must be sent before I can move forward"? Aslo what has to be sent certified mail with receipt? Personally delivering the letter under the door does not count? Thanks?

Larry K, New Jersey, LPA Member

A: One notice of past due rent is enough to evict. Delivering under door works, but certified mail gives you proof. But that's only step one. Evicting people is more than just sending a notice of past due rent. Whose drawing up the legal docs?

Dear Mr. Reno:
Need roomate to leave, I own the building , verbal notice has been given, but she has stayed 4mos past agreed date. Month to month agreement.

Larry, Illinois

A: The notice has to be written. If the rent is being paid, this gets tricky. Its easy to evict a dead beat- harder to evict a rent paying tenant.

Published 2009-07-14

Dear Mr. Reno:
I am the primary and only tenant on a lease of a rented apartment in the Bronx, and I have shared this apt. with a roommate for almost 13 years - he is now 62 years of age (I am 42) and I wish for him to move and he never has, so I now wish to have him evicted.

What is the proper, legal process by which I can accomplish this? Thank you!

Robert, NY

A: He has to be served a legal notice. If he's paying rent to you, he gets a full rental period notice. If he's just a long term guest, he gets a 30 days notice. That's the easy part- then comes the eviction itself.

Published 2009-07-13

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

Melissa

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

Dear Mr. Reno:
We live in Massachusetts. My tenant has given us the 60-day notice we requested in the lease notifying they will not be renewing and moving out in August. I have several new prospective tenants that want to see the place – but, my current tenant is not returning my calls or emails asking kindly for times that will work for them to let me show it. I know they are not home during the day – so this time should not be an inconvenience for them and they generally do not return home from work until 7:00 p.m.

Do they have to let me in to show the apartment so I can find new tenants? If I can’t show it and hence, I am not able to rent it when their lease runs out – can I keep their security deposit? Do I have any rights here?
Thanks

Brenda M., MA

A: First off, what's in the lease? You have no right to access unless it's in the lease. Even then, it's a notoriously hard clause to enforce, but if you want to counter sue for rent loss when they ask for their security, at least you'll have a leg to stand on.

Dear Mr. Reno:
I AM A LANDLORD I HAVE 2 GIRLS THAT MOVED AND AS FRIENDS AND THEY WERE ONLY HERE LESS THAN 2 WEEKS LIVING TOGETHER AS FRIENDS
THEY BOTH SIGNED MY LEASE AND THEY GOT INTO A FIGHT AND 1 MOVED OUT AND NOW I THE OTHER GILR CANNOT PAY THE OTHER 1/2 OF RENT
SHE WAS COUTING ON THE OTHER GIRL AND SO WAS I BECAUSE THE OTHER GIRL PROMISED ME SINCE HER NAME IS ON LEASE AND SIGNED THAT SHE CANNOT PAY SINCE SHE MOVED OUT WHERE SHE DID PROMISE ME SHE WOULD PAY UNTIL THE GIRL LIVING IN MY APARTMENT NOW COULD FIND SOMETHING WHAT AS A LANDLORD IS MY RIGHTS?IF ANY? OR DES THE GIRL NOW LIVING IN THERE HAVE TO PAY ALL RENT AND CAN I GO AFTER THE OTHER GIRL FROM JUST BREAKING THE LEASE?

Debby L.

A: She needs a new roommate pronto. You can and should evict her for not paying the full rent- then you can sue both tenants for any lost rent. It's a bad situation, but it should be her problem, not yours.

Published 2009-07-10

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 L., Revere, MA.

A: If there's a "grace period" in the lease, you have to wait until the grace period is up. Otherwise, you can just wait 3 days after the rent is due. If you're looking for forms try Blumberg forms or The LPA's Essential Forms.

Dear Mr. Reno:
MY WIFE AND I RENTED OUR HOUSE OUT AND THE TENANT BROKE THE LEASE BY NOT PAYING RENT FOR TWO MONTHS.. ITS BEEN ONE MONTH AND WE STILL HAVE HER STUFF.
WHAT CAN WE DO THE THE STUFF THAT IS HERE AND IT DOSENT BELONG TO US? SHE STILL OWES US $2500.00 IN LATE FEES AND NONPAYMENT FOR RENT.
PLEASE HELP US

GANSEVOORT, NY

A: I'm assuming since you say you have their stuff that they've left. But you didn't actually evict them, so I'm assuming they've taken their clothing and personal effects. I would hold on to anything of value for 30-60 days.

Published 2009-07-09

Dear Mr. Reno:
I'm in the military and am attempting to rent my home at my last duty station. I found someone to rent and they signed a lease. They're to move in Aug 1, 2009. I received a phone call from the renters saying they can't afford it and now I will have to pay my mortgage and rent at my next duty station. They refuse to pay the security deposit and rent until someone is found to take their place. I want to know what my course of action is to get money from them and since they were so rude have the debt placed on their credit. Any guidance is much appreciated. Thank You.

Josh P. in Jacksonville, Fl

A: For future reference, you get the security when the lease is signed, along with the first months rent, if possible. That will prevent this situation. As far as these people go, you could commence a small claims action for the lost rent but that's about all you can do.

Dear Mr. Reno:
I am a landlord and have tenants living here for about 5 years. They made a payment last in Feb 2009 which essentially brings them up to date to April of 2008. They are suppose to pay 500 per month so they are 7,000 behind in rent. I think, I will never see the $$$ they owe us. I am looking towards retirement so I am needing the steady income that my rental would provide. I hate to evict anyone........to put someone out on the street. They filed bankruptcy 5 years ago and have paid us regularly until he lost his job over one year ago. How do you go about evicting someone? Or is there some help out there for them so they can pay the rent?

Annette

A: April 2008? Seven Thousand? Were you waiting for a house to fall on you? Kick their butts out!!

Published 2009-07-06

Dear Mr. Reno:
how long does the tenant have after abandoning a rented house, have to get their belongings out and has not paid any rent for the last 2 mos? and broke contract that was notarised by a lawyer

hamelin

A: 30 days (60 to be really safe). If they've left anything of value- I wouldn't discard it or you'll get sued. Try to store it for 60 days if possible.

Dear Mr. Reno:
There have been a few tenants that apply solely for themselves and move in alone; however a few months later have someone move in as an occupant. Often times they do it without our knowledge or consent. If the tenant does notify us, some of them ask us to add the person to the lease. Can we opt not to add them to the lease? Are they allowed to do this legally? Realistically can we evict these illegal occupants? {Ex: There's one particular tenant that I believe chose not to notify us of her husband's planned tenancy, so that she may be approved for the apartment (he may have bad credit, but just to clarify this is just an assumption). It's now about 2mos. later and now decided to tell us he's living there.} Please advise. Thanking you in advance!

Kelly, Westchester County, New York

A: You're under no legal obligation to add anyone. I wouldn't lose sleep over it. (I've heard that some states, including NY, say you can't prevent someone from moving in an immediate family member, but I've never checked it out.) But what's your main beef? Is it added cost of utilities, or what? Things like that you can address in your lease. Other than that, focus on the rent. Are they current? That's the main thing.

Dear Mr. Reno:
Does and email qualify as written notice to a landlord when written notice is required after a lease expires and the tenancy goes into month to month tenancy. The email was sent to the landlord without return receipt. Wondering if this qualifies as written notice to vacate. Each party is to give the other 30 days notice of intent to vacate the property and terminate the month to month tenancy.

Mike I.

A: The Courts haven't figured all this out yet.

Dear Mr. Reno:
I had to move from my duplex On January 1 2009 due to domestic violence. The rent was paid in full and I had spoken to my landlord about my issue. I have court documentation and still hold an abuse order against my husband in district court.

I had a year lease from July 2008 – July 2009 but could not stay there in safety. – my landlord understood this – I did not send him a certified letter but talked to him in person.

I expected to get my $1200.00 security deposit back – do I have any right to it under tenant or domestic violence laws?

I can barely support myself and my 9 year old daughter on what I make as it is and the money would be a Godsend…
Thanks in advance for your help

Joslyn, Massachusetts

A: You probably can't get it because you broke the lease, but at least make an effort. Send a certified letter requesting return of the security or a statement of the grounds for which it is being held. I don't think you have a leg- but it can't hurt to ask.

Published 2009-07-03

Dear Mr. Reno:
Hi, I wish to start a holdover in brookhaven, they are useless in answering any questions and rather disgruntal, do I need to do anything before I initiate the holdover? The tenant has always been late, I am out of the state and they are just getting more nasty about paying the rent.......so, although they owe a month, i just want them out...............what is the order to start this holdover? Also, I will do a power of attorney, can that person also serve the tenant? thanks, ,

confused in crookhaven

A: For a holdover. you need a 30 day notice served. This is tricky- (by yourself.) You should call me (or someone...)

Published 2009-07-02

Dear Mr. Reno:
I currently have a fourplex property which due to my tenents non-payments I'm forced to forclose. My question is I own my primary residence free and clear. Will the forclosure on my fourplex risk the possibility of losing my primary residence by a lawsuit from my mortgage company?
Sincerely,

Rosalia S.

A: It's possible, but it very rarely happens. Even though a bank can chase after you after the foreclosure for monies owed, they're usually content to just take back the property, thank God.

Dear Mr. Reno:
My tenants are behind on their security deposit (I let them pay it in increments) and they are now two payments behind on rent. I want to evict them but I lost my copy of the lease. What can I do?

B H in New Hampshire

A: Let not your heart be troubled. You don't need the lease to start an eviction for non-payment. Get going.

Published 2009-07-01

Dear Mr. Reno:
I'm asking for some information regarding a friend who has moved into my apartment with no lease because of her loss of a job and with no where to go. She relocated here in hopes that she would get on her feet and start paying her share. To date she uses the line, "I work in your yard and do improvements so therefore I shouldnt have to pay for anything." Besides taking the apartment she also stays down in my home (which is a duplex) and lives here with her dogs, uses my utilities, and refuses to pay one cent for anything. Instead, uses the fact that she does the yard work and expects to pay nothing. Then accuses me of there is no lease and she is not responsible for anything.

She says that her Attorney advises her to say that she pays me cash, which is totally wrong. I have never gotten a nickel from this woman. All I have done was given her a place to stay with hopes that when she got on her feet she would pay as anyone would.

I am threatened over and over with no avail. Please advise me what your thoughts are.
Thank You

Susan T.

A: You need to serve her a written notice to vacate. You need a lawyer for this, it's tricky. Here in NY it would be a 30 day notice- (You didn't mention your state.)

Dear Mr. Reno:
The buyers/tenants of my home were purchasing land contract. They defaulted on the contract. They held 'equitable title' to the home, which I had to pay a lawyer to cure the default and clear the title. They now are refusing to pay the final utility bills. The utility companies are coming after me for the money, stating I am responsible since I am the homeowner. Is this legal?

tracey lee

A: This varies from state to state. Where I am, the water bill is a lien against the homeowner, but not the light bill. If you want to challenge it, challenge it. When they sue you appear in Court and tell the Judge. The worse that can happen is that they'll say yes, you have to pay it. Then you sue the tenant. (You can also bring the tenant into this suit at the beginning, but you'll need a lawyer.)

Dear Mr. Reno:
I have a tenant that got laid off in Feb 09, now on unemployment insurance. How can I find out how long she will be elgible for extended benefits. I don't want an empty unit in the middle of winter.
Thanks.

Julie M., IL

A: Sorry, I'm not an expert on unemployment. It was 6 months, I think Obama extended it to 72 weeks.

The info you're looking for might be found at http://www.ides.state.il.us/
Good luck.

Published 2009-06-23

Dear Mr. Reno:
I am the director of a halfway house, here in the So. bronx. We are presently helping Asylum seekers who are coming out of the INS detention center in NJ. In the past whenever we had a client who refused to leave when the agreed 6 mo. contract had expired, we called the police and they would scort him out, but lately the police refused to cooperate and saying that we must go through the housing court and the eviction process. Is that true?
Thanks for your help

Raul Morales, Christ House Inc., Bronx, NY

A: Yes, unfortunately, they are probably correct. If they've been there over 30 days, in this case, 6 mos., they are "tenants at sufferage " in NY and need to be evicted. For a better expert on NYC eviction than me, call Bernadette at (516) 228-0033.

Published 2009-06-22

Dear Mr. Reno:
We currently signed at a 1 year lease agreement in the home we are renting. This was done in February. Now my landlord emails me and says the owner of the house, her sister wants to move back in the house because her current living arrangements are no longer suitable for her and wants to know when we could move out. I am still somewhat in a big surprise over this, I can't afford at this time to move. What are my options? Please help!!

Ruby

A: You've got a lease. Sissi will have to wait.

Dear Mr. Reno:
We have a rental that the tenant will not pay rent...we gave them a 3 day yesterday...will we be able to get them out in a timely manner...

Sandy Minnis, California

A: Yes, you seem to be on schedule, but what do you consider "timely" (I hope you don't mean 3 days.)

Dear Mr. Reno:
My tenant is trying to break his lease to move back to his prior rental (we said "no") we cant afford it.he is stating the water pressure is to low and therefore break the lease.We called the city and they verified the pressure in that area is low,we also got a plumbing estimate,they stated yes its low but liveable.Can he break the lease? He has giving me notice allready.if he goes i am taking him to small claims court.what do you think?
thank you

B.L.

A: You can, if you want to play hard ball. I would tell him if he pays the rent up to date and waives any claim to his security, he can leave 8/1/09. That's my opinion.

Dear Mr. Reno:
I have a duplex and triplex in Minneapolis that I've attempted to do a mortgage modification on for the past 8 months with out any luck. I keep getting the same story that because I'm current the bank probably won't modify my loan. So I've started the short sale process with a realtor on both properties.
Do I continue to keep paying the mortgage?
Doesn't the short sale hammer my credit if I'm current on my loan or not?

Patrick, Minneapolis, MN

A: If you're worried about your credit, then don't default. As long as you're current right up to the closing, there'll be no delinquency shown on the credit report even though it's a short sale.

Published 2009-06-20

Dear Mr. Reno:
Do I have to give a reason for termination of lease on a month to month lease. Also she has not paid her June rent, but do I need to wait and serve the notice effective July 1st for the start of her 30 days or can I start it before then. This is not the 1st time she has been late with rent.

Bonnie

A: No reason needed. Give her the notice sometime this month for 8/1, (7/1 is too late.) By the way, you don't need a notice at all to evict for non-payment.

Dear Mr. Reno:
RE: Back rent/lease expiring issue
Our renter has not paid the full rent amount for several months. We have a clause in the lease that does not void the terms should we fail to strictly follow the terms of the agreement, i.e. accept partial or late payments. The lease expires July 31, 2009. Am I able to file a claim/obtain a lien for the back rent after the lease expires or do I have to send a Three Day Notice and start the eviction process before filing a claim or obtaining a lien?
I would greatly appreciate your guidance.
Very respectfully,

Ivori Krogulecki, FL

A: You could go for the back rent first, but I've never heard of it. I would think starting the eviction process would be your #1 priority. And you can get a judgment for the back rent.

Dear Mr. Reno:
Hello I have had legal action threatened against me by my landlord, I have not paid this month's rent, I cannot afford it. I am in the process of moving somewhere where the rent is much less, the utilities will be less and I will be able to afford to live there, I will attempt to make a payment plan with my landlord, however I also have 3 roommates (1 is my fiancee, the others are 1 roommate that is on the lease and her fiancee that is not) they have no trouble making the rent because her Grandmother pays the rent for her, the landlord does not know about her fiancee, she shows blatant disregard for the condition of the duplex and does not care that her dog digs up the yard or chews on corners of the walls. I would like to be able to work out a payment plan for what we(my fiancee and I) owe and move out. What should I do?
Thank you for taking the time to read this, I will gladly provide any other information you need, and thank you for your advice,
Sincerely,

Michael Gale, Missouri

A: It sounds like you're moving, which is fine. What was the question again? What should you do about what? Also, I have a question: Aren't you leaving your fiancee in a lurch?

Dear Mr. Reno:
I had a month to month tenant renting from the 10th to the 10th each month. The tenant did not vacate the property until the 15th of June. However, he has not paid for the month of June. I agreed to only charge him for 10 days in June. To date, I am sure he is withholding the rent until I return his security deposit. But he has not replaced 2 damaged doors or a patio screen that he said he would replace personally. In addition, I have found that he still owes money for the electric/sewer bill and he made holes in the vinyl garage door.

My question, can he withhold the rent and all the late fees until I return his security deposit? (In light of the damage, he won’t get any) and also do I have to pay the utility bill and replace the garage door before I can take him to court? I don’t have the cash to do all of that. His deposit is $850.00. I know that I have 21 days to return from the date he vacated to return his deposit, correct? Or to let him know what I used it for in a letter right?
Thanks for your quick response. I am a member of LPA.

Dawn Busalacchi (Luera), Wisconsin

A: Draw up an itemized bill for the damages. Use written estimates, if possible. If the total repairs exceeds $850.00, you're alright. If it is less than $850.00, you'll have to refund the balance even though they owe rent. Unless your lease allows you to deduct rent from security, you can't do it in Wisconsin. Get going.

Dear Mr. Reno:
Does a landlord have to take you to General Sessions Court in Memphis TN if they are one month behind.. Or can they just set you out .
Thank you

JOSIE KIGHT, TN

A: I don't know which court evicts tenants in Memphis, but I know one thing, there's always a court, and forcible eviction by a landlord without some court procedure is not allowed anywhere in the U.S. as far as I know. (LPA members: Am I wrong? If so, let me know.)

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