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 2009-06-22

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.)

Dear Mr. Reno:
My tenants who have a annual lease with me that expired on May 31 2009 moved out at the first of May and paid Mays rent in full. I had sent them a lease renewal form 3 months ago to sign and return if they wished to lease to my rental home for another year. They never returned that renewal form. They moved out without giving me any notice that they were moving out and not renewing the lease. Did they forfeit their security deposit by not giving me 30 days notice as required by law here in California? Also did they forfeit their deposit by having and unauthorized dog in the house that urinated all over the new carpet causing sever damage to the carpet that will now have to be replaced. Does any breach of the lease cause a automatic forfeit of their security deposit ?
Thanks,

Capt. Cameron Smith, CA

A: The only thing "automatic" in California is that the LA Clippers won't make the playoffs. But seriously, isn't California the state where you have to give a written itemized damage statement to make a claim for the security? Replace the rug ASAP. Notify the tenant all costs to repair apartment. (I think you only have 21 days.)

Dear Mr. Reno:
I am thinking about renting to 3 individuals. The lease would be for one year. After that two would stay, one would go and the two would seek a new 3rd tenant. How should I draft the lease document? All three names, as co-tenants, one name with an addendum document showing the other two co-tenants? Thank you.

Kay McGough – California

A: I'll tell you my approach and then I have a question. Put all three names on the lease. Don't mention anyone leaving. Here's my question: If they can't find a replacement tenant, should that be their problem or your problem? If you want it to be their problem, do it my way.

Dear Mr. Reno:
I have a question concerning that I gave a 30-day notice to my tenant who owes me $5000 past due rent. He said he will pay some rent to me by the next week. If I accept the his rent, will it void the notice of termination? Please let me know as soon as possible.
Thank you.

Mike Tang, subscriber/victims of deadbeat tenant

A: Victim of Deadbeat: If you give a notice to vacate, say, 7/1/09, and then you accept July rent, you are obviously canceling the notice. But you can still take June's rent or rent prior to 7/1/09. Make sure that's indicated on the check that its for rent due prior to the proposed move out date.

Dear Mr. Reno:
My tennant 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.

Published 2009-06-19

Dear Mr. Reno:
I’m a tenant who signed a two year lease in Nov.2008, in March of 2009 my landlord informed me he was filing for chapter 13 bankruptcy and that the home I’m living in was going to be surrendered to the bank. I received the notice in April informing me of the chapter 13 proceedings. My landlord asked me to start looking for a place. In April I stopped paying rent because he has my security deposit. He has been harassing me since and has even come to the home and removed the appliances and most of the belongings that were part of my lease. He just filed for another motion and now he wants to keep this house and is threatening me with eviction. I’m moving out July 1st can he keep harassing me like this ? It’s going to cost me a fortune to move, what recourse do I have as a tenant?

Maria, NJ

A: You stopped paying the rent in April. It's now June. Why are you still there? That's the problem.

Dear Mr. Reno:
If I am evicting a husband and wife do I need to send the termination of tenancy and the summons in both of their names?

I just did this and I only served the husband. Thanks

Ed James, Michigan

A: Could be trouble. It might go through; it depends if someone raises the objection. Then, you're probably dead meat.

Dear Mr. Reno:
I bought a rental 4 years ago with 2 storages. Last month the HOA inspector "found" the buildings and the sent a letter saying that previous owner did not get approval to build them. Inspector is asking to remove them b/c they are not in compliance with HOA rules. What can I do? Do I have a change of winning this if we go to court? The building are very similar to the overall buildings in the neighborhood.

Jose B., Houston, Texas

A: If you want to keep them, your only chance is to apply for a "variance" which is like special permission to violate a local ordinance. Its a tall order. You need to talk to a local (and I mean VERY local) zoning expert.

Dear Mr. Reno:
Utilities are in landlord’s name, lease states that the utilities are to be paid by renter. Gas has been turned off due to non-payment. Can a 10 day lease violation be served demanding payment of all late utilities plus fees to reconnect, if not paid they must leave. They have lived in property for 11 months.

Carrie Smith, Kansas

A: I heard a law professor say the answer to every legal question starts with the words "it depends." Some judges say you can only evict for non-payment of "rent" and the utility bill is not "rent." Some judges, will allow it, if the lease says that the utility obligation is "rent" or "added rent". So "it depends" on your lease and your area.

Published 2009-06-17

Dear Mr. Reno:
i have a tenant in a duplex in Nassau County, NY who would like to inspect the mechanical system before he agrees to pay his heating/hot water bills at lease renewal at month's end. Am i required to allow him to inspect the system servicing his unit? his apartment is metered and i just had a new seperate heating system installed. Any and all suggestion will be welcome
Thanks in advance

NY Landlord

A: Let him look. (I don't see any national security implications.)

Published 2009-06-15

Dear Mr. Reno:
I have a married couple with 3 children on month to month basis. 8 months ago, I gave them a letter to increase the rent and they didn't comply to what I wanted but decided to give me what they wanted. Now, they had a couple (daughter w/ husband) move in, its been 3 months the new couple live with them. Can I serve them a notice through a constable for an increase or possible eviction if they don't comply?
Thank you,

Jorge in Massachusetts

A: Its a month to month- go for it!

Published 2009-06-12

Dear Mr. Reno:
I am looking for some insight on a couple of questions that I have...

How does "entering the premises" work when I am a room mate and landlord at the house. I understand that it is typically a 24 hour notice that needs to be given to enter the premises. But since I am at the house all of the time, what rights do I have to check on the other room and bathroom in the house that I own and a friend is "renting"? (Month to month rental agreement) Today, I went into her room while she was not there to put a stack of mail (that has been sitting in the kitchen for over a week) onto her dresser because I was having guests over and was trying to clean. When she got home later that evening, and noticed the mail on her dresser, she flipped out on me saying that I need to give her notice to come into her room...

Second, I have agreed that in August 2009 when she is planning to move out, since she will only be living at the house until Aug 15th to let her pay a pro-rated amount for the days she will be there. Since she also moved in about half way through the month of October '08 last year and did not start paying rent until November, is it legal to ask her to also pay a pro-rate for the days she lived there during that time frame also or take it out of her deposit?
Thanks,

Lindsay

A: Stop sneaking into her room and stop snooping around! Oh, you're not? Well, that's what it looks like. You really shouldn't be in there, period. But there's a solution: Next room you rent, have a written agreement as to when you can enter. Problem solved. (Also, regarding 10/08, that ship has long since sailed.)

Dear Mr. Reno:
i have a tennent with me for 2 weeks ...no lease...in an illegal basement apartment i want to evict...what are my options?

Jon Werner, Long Island, NY

A: Landlord/Tenant Court or arson , take your pick. Only kidding about the arson (You'll have to serve a 30 day Notice- even though it's weekly.

Dear Mr. Reno:
I am in the process of purchasing a duplex in CT and both apt's are occupied. One unit's tenants have been going through the eviction process and it is a provision of the contract that they be out prior to closing. I was ok with this but today I was informed that the landlord had considered evicting the other tenant as well on the basis that they have horrible credit and cannot hold the utilities in their own names. I then found out that the current owner has put this tenant's utilities in his name and is asking that I do the same. I am having some serious second thoughts regarding my closing which is scheduled to take place on the 29th of June. What is your advice regarding this situation? Do I have a valid reason for concern? Would this be sufficient cause to relieve me from my contractual obligations? This info regarding the "good" tenant" credit is just coming to light. Thanks

M.R., CT

A: If it's a split meter- it would be preferable to have it in both tenant's names- but these people are already there and presumably current. So I wouldn't evict them or worry about it. Let your new tenants put their electricity in their name and just go with it.

Dear Mr. Reno:
My question is I am a home owner and I have an x boyfriend who will not leave he has been there for about 2 years the police were called but they told me the only way they can put him out is domestic violence, threats to a no contact order, went to get a order, explained the situation they said they had no such order. Please Help, I need him out.. Thanks

Julie, WA

A: After 2 yrs, the police can't help you- unless there's actual violence. You need an eviction lawyer to serve him a notice and then bring him to court. It'll take 1-3 mos.

Published 2009-06-09

Dear Mr. Reno:
I gave my tenant a 3 day pay or quit is he liable for rent until I get another renter since he had a lease? The unit is in need of repairs so a renter is not possible for 1 month.

His lease states if anyone else lived there it would be $100.00 more per month, now that I am checking that mail it is apparent he had his girlfriend living there, can I go after him for the $100.00 per month the for as long as he lived there?

Can I use your fees on your settlement charges guide to hold up in small claims court?

Jessica, California

A: The answer is "yes" to all three questions, but, unlike "death and taxes" nothing is certain in Landlord/Tenant Court. But that doesn't mean you shouldn't try.

LPA Note: Your chances for would be better with a properly filled out Security Settlement Statement with actual charges than a Settlement Charges Guide.

Dear Mr. Reno:
I live in Calif. I have 2 homes. I will be filing Bankruptcy on both homes. I have renters in one of the homes, they received a letter tape to the door saying that the property is in foreclosure. They haven't paid rent for the past couple of months.
- They changed the locks before all of this happened, and did not supply a key.
- Are they obligated to pay the rent as agreed upon?
- Also, I want to get my stuff out (Fridge, Stove, Etc) that I paid for.
But they said, "Speak to my Attorney".
Do I have any recourse.
Thanks

G in San Diego

A: This is happening all over because of the housing crisis, mass foreclosures, etc. These tenants think if the landlord is in foreclosure it means "free rent!" THEY ARE WRONG. As long as you are still the owner, you can collect rent & evict tenants right up to the foreclosure sale.

Dear Mr. Reno:
I have a question. I have a tenant that broke a fixed term lease and owes me money (rent). It was in fact a couple that resided in Boston and had a lease for 11 months 27 days Sep 1, 2008 to Aug 27, 2009. They stopped paying rent in May 2009 and vacated the apartment before May 31, 2009.

Is there any way I can affect their credit to reflect this financial behavior on their credit report?

Let me know if you could help and what options do I have?
Thank you.

Uri Tasch, Boston, MA

A: Sue baby, sue. The best way a private person can get their debt on a credit report, is by obtaining a money judgment in court.

Dear Mr. Reno:
My cousin's tenant has terminated his lease prematurely. He vacated and took the keys with him (did not ask for a walk-thru and expects to lose his security deposit since he was behind on utility bills - paid to the landlord). He claims he will still receive mail at the apartment mailbox so he will keep the key.

What is allowed in reference to holding mail as leverage to receive owed rent or utilities ? Should we simply send his mail back, marked "Address unknown" ?
thanks

Charlie K.

A: That's a good idea if you want to wind up in federal prison! Do not, I repeat, do not interfere with the U.S. mail. It's a federal offense.

Published 2009-06-08

Dear Mr. Reno:
I have owed a rental home in Florida for 5 years. The HOA recently instituted a requirement that all rental homes in the HOA must use the HOA lease form. In additional, all potential tenants (but not buyers) must submit to a background check ($125), financial evaluation and post a $500 deposit with the HOA. The HOA is trying to eliminate rentals; tenant applications are denied without explanation. It is very difficult to rent the home. Any recommendations?

Jim Geary, Los Angeles, CA

A: You can't fight city hall, but let not your heart be troubled, there will always be people who need a place to live and so so they'll always be tenants & landlords.

Dear Mr. Reno:
Hi! This is NY.I have tenants who has not paid rent for the month of May. They are no longer in a lease. Can I give them a thirty day notice? One tenant wants the security deposit back. I told him I don't owe him anything because they have fail to pay me rent. So the security deposit is mine, plus the late fees.The one tenant has left the other is no where to be found. Can I remove those items without an eviction notice? Help!

Lisa, NY

A: Yes, yes, yes, but on the last thing, you have to make sure they're really out!

Published 2009-06-05

Dear Mr. Reno:
Rented to unmarried couple, both on lease, girl moved out and now wants to move back in but guy won't let her. She called police twice and they made her leave and 2nd time police told couple to contact me to work this out! She cannot pay the rent by herself, he can and wants to stay. What can I do? Thank you,

Patricia from Virginia

A: You shouldn't interfere in "matters of the heart." If the rent is paid, he stays, if it's not paid, he's evicted. As far as her right to re-enter, that's for the local police to decide; They're trying to get you to do their job- let them police it, that's why they're called police.

Dear Mr. Reno:
This trailer park that I have was going through foreclosure. Now that was stopped and I had made all the payment And the foreclosure is no more. I have this one tenant that owed rent. Did not pay. I served them a 3 day pay and quit They said that the reason that they did not pay rent was because they did not know who They were suppose to pay the rent too Plus after being served a 3 day pay or quit They are saying that they are not going to pay rent until some things are repaired. Now after they told me that there was some repairs to be done I went over the next day and did a Walk thru and I am doing the repairs immediately. But can they still hold the rent? Can I start a eviction?

Anna

A: You are cleared for take off. Blast off!

Dear Mr. Reno:
As an onsite manager, I never signed a lease when I moved into my rent free unit.? I took a cut in my salary for the unit.? I was terminated last week.? How long do I have before I have to vacate this unit?? I cannot seem to find anything anywhere to assist me with this question.? I have a son with a disability I am caring for and now no job nor money and I am a total basket case with worry over this.? We live in NC. Thank you.

BCM, NC

A: They'll be giving you a notice shortly (either 30 or 60 days.) I'm sure they'll work with you. Maybe you could pay something if you need more time?

Dear Mr. Reno:
I’m renting a house and the landlords have just been foreclosed on – how long do we have before we have to get out of the house?

Marie Scruggs, California

A: Foreclosure time varies. In NY, it takes a year, but that's because everything's more complicated here. Other places, 3-6 months. Figure you have at least 3 months, maybe more.

Dear Mr. Reno:
I'm in the process of taking one of my tenants to court for breaking their lease 3 months before the end of the lease. Initially, when she rented the apartment she did not have a dog (it's an upper/lower she moved into the upper) I don't want dogs upstairs because the downstairs tenants are responsible for lawn care. Some where in there she got a 90lb dog and asked permission after the fact. We chose not to evict her because things seemed to be working out with the downstairs tenant, I also allowed her to renew her lease with the dog. Now she that she has broken her lease and it was vacant for one month and I am holding her liable for that month as well as the utility charges for that month. Her argument is that somebody who had a 60lb dog wanted the apartment and I chose not to rent it to them - therefore she can not be held liable. My argument is that I don't want dogs up there and never did! Does she have a leg to stand on since I allowed her to renew the lease with the dog there?

Julie V., WI

A: She may. You have an obligation to "mitigate" (avoid) your damages. This one could go either way. You may have to convince the judge you had a compelling reason to not rerent.

Published 2009-06-03

Dear Mr. Reno:
My tenant's lease expired Apr 30, 2009 and I had him served with a 30-day Notice Of Termination with a termination date of May 31st (I took rent for May so he became a month-to-month tenant, just for the month of May). It seems as if he's getting ready to move out but it looks like it will not be until 2 weeks after the termination date. What rent / 'use & occupancy' am I entitled to collect for the 2 week holdover period - a full month's rent?. What would my recourse be if he didn't pay anything, or only paid pro-rata for the 2 weeks? Can I deduct from his Security Dep. to make up a full month's rent.
(New York City, Non-Regulated, 3-family house)

Don Bach, NY

A: You're entitled to the full month's rent for May if he's there 2 weeks; Whether you can deduct from security is tricky and it depends on your lease and your state. Do your best Monty Hall immitation and "make a deal" with him (am I showing my age?)

Dear Mr. Reno:
Just won an eviction hearing, and tenants still in the house....what do i do next?

Bonnie Conner in Pa

A: Every county has a guy with a badge and a gun that does this. In most places it's a Sheriff, sometimes a Marshall. Ask the clerk at the Court where you had the hearing. They'll point you in the right direction.

Dear Mr. Reno:
Im new as a landlord in No. Ca. My 2nd prospective tenant is working with an agent and this agent wants us to sign a Supplemental Statutory and contractual disclosures. Is this required in CA? I’ve only seen this form signed when selling a property is involved. I am not hiding or masking anything from my tenants but I don’t want to sign anything that is not required or legal binding or will hold me in the future. What should I tell this agent if I don’t want this paper signed. Please advice.
Thanks,

Any, N. California

A: Why don't you ask them where in the California Statutes this is required? I don't know the answer, although I would take a look at the contratural disclosures. Anything in there you have a problem with?

Published 2009-06-02

Dear Mr. Reno:
I took my tenant to court for past due rent. She was ordered to vacate the premises in 7 days and pay past due rent with fees and court costs. Her 7 days will be up 5/21/2009. I emailed her to find out about collecting my money and keys. Her response concerning the money is she is filing bankruptcy (chapter 13) - I have not received anything from any attorney. How does the bankruptcy affect me? Will that prevent me from garnishing her wages? Can I still move forward and put my house on the market today? Should I cease all contact with her and attempts to collect the past due rent? If not, what can I do to recover the unpaid rent?
Regards,

Amoy S., GA

A: Your priorities are backward. Your first priority should be to retake possession of the premises and rerent it. Then worry about trying to collect. The bankruptcy will prevent collections, if she ever files, but you'll cross that bridge when you come to it.

Dear Mr. Reno:
Please help me; cannot afford a lawyer. I live in a mobile home in Hobe Sound, Martin County) Fl, am a sr. citizen, retired, 74 yrs. old. This former ex-boyfriend, 10 yrs. younger, has been living with me for 15 yrs. in my mobile home (we have been together for 22 years). Deed to mobile home and lot in my name only. We have grown separate and apart; he hasn't worked for 7 yrs. and I cannot support him any more and he refuses to leave.He says he will fight me in court if I get an eviction order. He has no proof in all these years that he has contributed to anything and threatens to sue me. What can I do?

Waletta F., FL

A: I don't think you can do this without an attorney, but you can try. First step: 30 day notice.

Dear Mr. Reno:
Our tenant has not paid any rent for the months of April and May. We have notified her of the late rent. There are also 3 months of late fees due. Our lease with her states a 30 day notice for asking her to move out. Do we still have to honor that time frame or can we go to 15 days? If she doesn't move in the correct amount of time, what do we do next?
Thanks.

Saundra M. Thomas, Pennsylvania

A: You can't change the notice- it's by law. But don't forget: You don't need to give any notice to legally evict for non-payment.

Dear Mr. Reno:
my ex and I broke up.His name is the only one on lease.I have been living here for 1 yr.and he only was here over night 2 times in the whole year.

He works far away and never was here.The landlord knows me and my 3 kids are here.rent is current, but was usually late. He wanted to evict us back in January,and my ex was trying to get out of the lease.I told my ex I wasn't leaving because rent was paid so the landlord could not evict me since rent was pd. (The landlord took money from my ex's acct. the last 4 months w/ out his permission. my ex said he had made a deal w/ the landlord and no longer was paying my rent.- I guess landlord renigd on there deal. Now our year lease is up and my ex told me I have to move out now. Don't I Still have to have proper notice also if landlord wants me out and won't renew lease? I don't know if my ex is just saying these things so he can have the place? Anyways I should be given proper written notice or something shouldn't I? The lease reads like this "This agreement is a lease for a term of twelve months beginning on 25/06/08 and ending on 25/06/09.This lease goes on a month to month basis at the discretion of the landlord." - This lease is very poorly done and landlord is from another country and probly doesn't know the laws very well.
Thank You

Setanya Snover in Alaska

A: You should still get notice because Alaska is way up near the north pole and never should be out in the cold w/o notice.

Published 2009-05-28

Dear Mr. Reno:
I have a tenant who is 3 months late due to being laid off for winter. Now that he is working again he is not making any effort in paying rent. We are now forced to start the eviction process and will be taking him to small claims court. He owns many valuable antique furniture pieces and I was wondering if we can have any of this furniture confiscated and sold for back rent?

Sandra B. - North Dakota

A: In your dreams Sandy. It's theoreticly possible, but it almost never can be done because of all the pitfalls. First, you have to go to Court and get a money judgment for the back rent that's step one. If you get that far, let me know.

Published 2009-05-27

Dear Mr. Reno:
I served a 5 day notice for rent due on 5/7/09. On 5/14/09 I filed my papers with the Clerk of the court and received a court date of 5/26/09. The tenants where served with the summons. Today 5/19/09 I found the rent in my mail box it was not sent through the mail.
I plan on returning the rent payment today when they are at home. I want the tenants to go.
Is this the proper action to take?
There is a lease and it was terminated after the 5 days.

Bob Mikos, IL

A: Oops! I don't think that's gonna work. I know you are technically correct, but it is very hard to evict a tenant for non-payment, once they tender the full rent. You can send it back but they'll just hand it to you in court. (This doesn't mean you can never evict them- just not for non-payment.

Published 2009-05-26

Dear Mr. Reno:
A potential tenant called on a sign , he picked up the key to look at the property (I live 8 hoyrs away),
He asked to move in, He did not pay deposit or rent moved in and when asked to move out he refused and has yet to pay rent!
I am having him evicted and issued the three day notice required in Florida.

Does he have any legal consequences? there was never a lease, just a promise to pay that never materialized.
I have never had to deal with this problem in the past 20 years.

M. Vicki Ponce

A: Oh boy, you can't let this happen. If you're 8 hours away, you need someone to show the property so you don't inadvertently give possession. You can sue him for the rent, for whatever it's worth, and any damages. Good luck.

Dear Mr. Reno:
I rented an apartment with my brother and sister in law. We all agreed that we were each responsible for 1/3 of the rent. We never were given a lease nor signed a lease agreement. We lived there for approx a year and a half. We gave 30 days notice prior to moving. About a month after moving the three of us were sued together for $4000 back rent. We did not owe any back rent. My brother and sister in law did not show up for the first court date but I did. I showed up for the second court date and the judge told me I had to pay court costs in order to appear for the next court date. Unfortunately I did not have the money so the landlord (Who is also an attorney) won. Now my wages are being garnished for the entire amount of $4000. The landlord is not trying to get any money from my brother and sister in law and I now have the debt almost completely paid by garnishment. Is this legal for me to be held responsible for 100% even though there was no signed lease? Just a little background on this landlord......He as sued every single;e person that has lived in his rental property. He is a scam artist and his prey is people that he knows cant afford to fight him. Can I stop the Garnishment? Please help me, what can I do?
Thanks

Lindsay Halley, Illinois

A: I can't believe you lost because you couldn't pay court costs. That makes no sense. If I had to guess, you probably didn't have all your receipts and couldn't prove they owe you all the rent, which is understandable and I sypathize with your plight.

As far as the other 2 tenants, you can sue for their 2/3 of the rent which in the law is called "contribution." But unfortunately, you can't stop the garnishment because a judgment creditor can collect all of the money from any one of three joint judgment debtors. Sorry I couldn't be more helpful.

Dear Mr. Reno:
I have a tenant that has a year lease signed. Up in August 15. Wants to terminate now, tells me daughter moving back and house is to small.
I have 1 months security and 1st months rent.
House is in Pa. What should I do? thanks

Lou Zmuda, PA

A: I would let him go, but keep the security. Tell him if his rent is paid to date, and if he waives his security, you'll let him off. Otherwise, he could be liable up through 8/15. And the security will make up for the rent lost while you're looking for a new tenant. I think that's fair.

Dear Mr. Reno:
Tenant had a lease with option to purchase. Lease expired Dec 1, 2008. The option to purchase expired October 1, 2008 (within same lease) The lease converted to a month to month. Tenant has not paid rent properly since Jan 2009 until present.

I made a demand for rent in an April letter and a notice of month to month and notice to vacate in a May letter.

Went to small claims court, the magistrate stated that I since I only notified tenant in May of month to month, that he could not hear the case because of the lease option and I had a clause that stated a new lease between tenant and landlord began after the expired written lease of 6 months.

Any advice? Appeal or go back before the magistrate in the essence of time. Tenant owes me $4960.00. Thanks!!

Tracey Williams, North Carolina

A: I'm so confused my head is spinning! It sounds like maybe you tried to evict him based on termination of lease, when you could have just commenced a non-payment proceeding. Does that make sense? You say tenant owes $4960.00. Why don't you forget the lease termintaion and just evict for non-payment?

Dear Mr. Reno:
I have a question for you, I am evicting a tenant (after 1 month) for non payment of rent. She has 4 previous unlawful detainer and she is quite Savy about the process. I am renting her a house which is completely fenced in and the gates are padlocked. My question is: Am I allowed by law to open the gate, I have a key to the padlock and go to the front door. I know she is inside and will not open the door. Can I have the process server drop the summons and complaint or slide it under the door? She is hiding out. Please let me know ASAP Thanks, 951 784-1906

Monique P., CA

A: You can't open the gates (unless your lease says you can) but the process server can attach the summons to the gate if he's denied access.

Published 2009-05-25

Dear Mr. Reno:
I am having a real problem getting specific information on the exact process to evict a tenant for non-payment of rent, and possibly getting a judgement against them. Everyone I speak with, who is supposed to know, either tells me something different, or simply doesn't have the information. It's very frustrating. What is the exact process, and the necessary paperwork to use? Also, what is the timeframe for this step-by step process...... like delivery/mailing of different forms to the tenant, etc? Thank you.

JOSEPH L., Town of Newburgh, Orange County, NY

A: It all starts with the right forms. Go to the Courthouse. Ask for the forms. If they don't have them, go to a legal stationary and get nonpayment eviction forms. Before you fill them out, go back to court and ask them if the forms you got at the stationary store are correct.
That's your starting point. Blast off.

Published 2009-05-23

Dear Mr. Reno:
My son in law was deported, leaving my daughter with no support of any kind, she just got food stamps last week but no assistance yet, we got a 5 day eviction notice and I had gone to pay some of the money but the landlord refused it, we have no where to go, cannot come up with all the money and have 3 babies, ages 2, 3 and 7 weeks and will have to live on the streets. What can we do????

Debbie O., Ocoee, Fl

A: This is more of a question for a social worker- than an attorney. They must have agencies for people in your situation. There's always emergency housing- before you live on the street. In NY- you bring the eviction notice to social services and they help you. You should do the same.

Dear Mr. Reno:
I help my mother manage old family farm in OK. The home was rented to a tenant who abandoned property. Upon turning on utilities, the water company said that property owner is held responsible for the outstanding bill left by tenant. We did have a rental agreement stating tenant responsible for utilities. Is it legal for water co. to hold us responsible?

Loretha Lewis, Wichita, KS

A: Yes this has been going on forever. First you've got to get the utilites out of your name if you don't want to be on the hook for it. Even then, some utilities wont sue you if it's in the tenants name, but they wont restore service unless the bill is paid which means you have to pay it anyway. All your rental agreement means is you can sue the tenant. It's not binding on the water company.

Published 2009-05-22

Dear Mr. Reno:
I let a man rent a room in my house. He moved in April 13th paying $200 for April rent, $400 deposit and $50 extra (at his own request, towards May's rent.) He did not sign the contract at that time, as he arrived very much later than agreed, and had to go to work early the next day.

He has lived here four weeks and has not signed the contract I gave him. (Excuses, Excuses: Can I take it to show to my wife ? I lost it etc.) He also does not clean the bathroom as agreed, and was rude to other tenants.

I have written him an eviction letter. It is my understanding that I must give him until the 30th of the month. I have offered him a bonus rebate of $50 if he will vacate by the 27th as I have to go on a business trip.

1) If he offers to pay the rent that was due on May 1st ($350, since it was $400 a month and he prepaid $50) shall I take it from him or not? 2) What kind of risk/obligation do I have here?

Thank you very much for your time. I do appreciate a free opportunity to get answers to questions and hope I have not taken advantage of your kindness.

Elizabethe Walton New York

A: You say you gave him until the 30th( but you didn't say what month?) Assuming you mean May 30, yes, you can accept the May rent- but don't touch the June rent. Have a nice trip.

Dear Mr. Reno:
My husband and I bought a house 2 years ago and despite warnings from others, we kept the current tenant upstairs because she is a single mom and we felt sorry for her and the kids. There is no lease involved. (We live downstairs.)

After putting up with as much as possible, we gave her notice to vacate. We were trying to be considerate so we gave her 60 days. On April 29th, we gave her written notice to vacate by June 30th--at which time she called the police and told them we were harrassing her!

We know she is planning to move because she is packing and contacted the utility companies to disconnect service as of June 1st. However, she has not notified us when she plans to move.
1) Does our, "Notice to Vacate" absolve her from having to tell us she is moving and when?
2) If she does not move before June 1st, can we deduct a partial month rent from the security deposit? We only know that she is moving because I called the utility companies. Since she has not notified us, we have not been given the opportunity to show the apartment. And, if she does not plan to move out until June 1st, we cannot possibly get another tenant.
Thank-you very much for any assistance you can provide. My husband and I are retired and only bought the 2-family home to help with the mortgage. We do not have the money to pay an attorney.

Carol W., New York State (Chautauqua County--not NYC)

A: If she leaves on the day you asked her to leave, you can't complain that you had no notice- you picked the date. Whether you can deduct from the security is problematic. I'm assuming she hasn't paid for June- If she's still there, she's liable for that entire month. I would deduct it and it will be resolved in small claims court.

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