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 2012-10-24

Dear Mr. Reno:
I have a tenant in River dale Georgia who i need help to evict , i did not give her a lease since she did not give me the first month rent the second month she gave me the rent in full, September rent the check bounce, i text her about it and told her there will be a bounce check fee and late fee , she said she had death in the family and was out of town and she is not going to pay no bounce check fee, well so far she pays nothing at all , i send her certified warning letter to pay or quit the kind that provided from this L P A site its over a week now she has not response am new here in Georgia and not familiar with the eviction procedure
thank you for your help.

Melita, Georgia.

A: What are you waiting for? Start eviction.

Dear Mr. Reno:
My husband and I are landlords in Southern CA. We have 2 rental homes. One tenant is fantastic, the other is chronically late. We have a 1 yr. lease signed which won't be up until March. We are doing our 2nd (they paid the Sept rent but no late fees) 3-day pay or quit notice tomorrow for the Oct rent and fees (using the LPA form). My question is whether we should hire a real estate attorney if they fail to pay this time?
Thx,

Renee McCarty, CA

A: There are different schools of thought. Some are very strict and react fast and have a lot of lawyer fees. Others try to work with the tenant and often lose a lot of rent. So pick your poison. My rule of thumb is if the whole October rent isn't paid by 11/1, start the eviction.

Published 2012-10-23

Dear Mr. Reno:
I have a real estate license in VA as a sales person. I am affiliate with a broker. I buy and sell properties for clients and for myself. I have a few rental properties and of course, I manage them my self.

I hear a lot of bad things some property management companies did or did not do. I know that I do a better job and since I have managed my own properties, I accept to manage 2 friends properties under my company, xyz properties LLC.

Now my real estate broker told me 1. that as a sale person, I cannot be a property manager. 2. I cannot even call myself "property manager" for my own properties. 3. Only real estate firms, settlement or title companies, brokerage lending institutions or lawyers are allowed to have escrow accounts for contractual purpose services only and that my company cannot hold security deposit for the properties we managed.

I would appreciate your input on these. Is any of the above or all correct?
Thank you,

Ratana, VA

A:

Property Management requirements in Virginia

What are the broker license requirements?
You need a total of 180 classroom hours of Board approved courses. Courses deemed substantially equivalent to those courses approved by the Board may also be accepted. Proof of passing the course and a monitored final examination are required for course approval. You must complete at least three courses of broker specific courses including a 45 hour real estate brokerage course.

Dear Mr. Reno:
I have a tenant that pays his rent on the last day of each month for the next month (ex. 9/30 for October) due to the fact he pays with an out of state personal check. He signed the agreement to this and understands the reason. My question(s): Is it legal that he pays the day before the first as agreed? and He has not paid for this month, I gave him a 14 day notice to pay/quit and it is dated for 10/1 meaning he haduntil 10/15 to pay. If he did not pay what is my next step?
Sincerely,

Tom - Massachusetts

A: I've never heard of it, but that doesn't mean it's illegal. The bottom line is he's hasn't paid and you're going to have to evict him like any other deadbeat unless he coughs it up.

Dear Mr. Reno:
My question: The tenants moved into a one bedroom that was partially furnished. I allowed them to have a german shepard which I said to them in the beginning that we would not have any problems if they picked up every day. They did not do that and I had to get out in the yard and pick up. The major problem came after the electricity was shut off around the middle of September. they left all their food in the refrigerator to rot, and I have not been able to get the smell out of the refrigerator. I am going to try one more thing that I will have to send for called Fridge it. Some kind of charcoal. Have tried bleach, baking soda, and do not know what else to do. I will have to buy another refrigerator if I cannot get the smell out. Can I deduct from the security deposit for negligence like this?

Frances

A: Oh, who am I now, Martha Stewart? I wouldn't know the difference between a mop and a dish towel. You can deduct it, but if it goes to small claims, its problematic. (Can't prove order in Court)

Dear Mr. Reno:
Rent to own situation. Renters paid $2500 non refundable deposit and $1500 per month. At end of lease, they decided not to purchase. They had a 1 year lease and verbally asked to stay another month until their new place was ready. They moved out and did not pay any rent for the additional month. Unfortunately no contract was signed for that last month, nor a verbal agreement on a rent amount for that month.. It’s been 6 months, can I force them to pay the $1500 they were paying while on the lease?

Syndy AZ

A: Yes. You're off to small claims court.

Published 2012-10-20

Dear Mr. Reno:
I was awarded a judgment against a former tenant for about $3200. I just received notice of Chapter 13 Bankruptcy meeting of Creditors and Deadlines.. I sent you a copy of the claim form. Im not sure what to do here, Might the courts allow for me to provide this man with free housing for the months he paid no rent?? thanks Mike Thomas

Mike Thomas

A: They may. Go to the meeting and ask them.

Dear Mr. Reno:
Let it expire. When its up, you can do a new lease with wifey only. Is Husband waiving an interest in the security? If not, you have to give it back the same way you got it. If he's waiving it, get it in writing otherwise he may come back for his half.

Paul R.

A: Let it expire. When its up, you can do a new lease with wifey only. Is Husband waiving an interest in the security? If not, you have to give it back the same way you got it. If he's waiving it, get it in writing otherwise he may come back for his half.

Dear Mr. Reno:
I was awarded my house in my divorce that was final on September 28th. My exhusband has andstill is living in my house and I have yet to be able to even walk in my house because I can't get a straight answer from anyone if I can do that without getting arrested. He is not a remnant there is no lease and I am paying the mortgage. He wont leave. I was told I had to evict him also to get him out. Please help me on this. I'm loosing money and want to sell it. I also have personal property inside there too but he wont let me in. This is not right. Please help me. Thank you...

Kim , TX

A: Is he off the deed yet? If not, your divorce lawyer may have to make a motion. If he's off the deed, give him a 30 day notice to vacate & then take him to eviction court.

Published 2012-10-19

Dear Mr. Reno:
Firstly, I am a member of the LPA and I am very grateful for the services they provide on their website including this service whereby I can ask an experienced attorney a question. I never thought I would need these services but there really is no depth that tenants will not sink to, to try to get out of their obligations.

In my case my tenant made the most outrageous claims that she had contracted asthma because of the smell of dog urine from a previous tenant ( there wasn't a problem when she signed the LPA lease and moved in) and she feared for her life because the electrical wiring is not up to code. Not true. In fact I had GFI,s installed prior to her moving in. This after 6 months occupancy during which she has been late with the rent on every occasion. Now she wants to break her lease and wants her deposit back. Should I try to resolve this amicably ie just give in and let her move out or should I fight tooth and nail?

I'm retired and would not be able to pay the mortgage if there was a long drawn out battle.
Thank you for your time and service.

Ned M., Walpole, NH

A: That's a great dilemma, and a common one. I'm a believer that if the tenant will waive (give up) her security and leave current on the rent, you let her go, otherwise you're going to end up in court throwing good money after bad- but that's just me. Other's see it different. It's your call Ned.

Published 2012-10-18

Dear Mr. Reno:
My question is: Is there a statue of limitations for small claims court in New York State? And what is the time frame? I want to recoup my out of pocket damages, ie: magic marker on the carpet, broken oven glass door, broken kitchen cabinets, etc.
Thank you in advance.

Thia Quaranto, Buffalo, New York

A: On negligence 3 years, breach of contract is six years. Try to sue within 3 years, but as long as your within 6 you'll still have a leg to stand on.

Published 2012-10-16

Dear Mr. Reno:
I signed a lease with a tenant, he moves in , and after the first month he stops paying me. He now vacates the apartment and without filing out a notice to vacate. I have sent two five day notices to pay and vacate with no response. He has moved all of his belongings out and left the one set of the keys. I want to know if I can show and rent the apartment while he still has a lease.

David

A: He has abandoned the premises. Also, when he gives you keys, that makes it official. You are cleared for take off.

Published 2012-10-15

Dear Mr. Reno:
Good evening, I have a Pennsylvania rental unit. The tenant was evicted for failure to pay rent, will not vacate and was taken to court for possesion of the property. This is the second time in 4 years that I have evicted her and she will not vacate. Just as the last court judgement, the district justice says "she pays, she stays." In 2008, she did pay and has been in the property ever since. This time, she has not yet paid -- she has until Sunday June 10 -- and has told me through a letter and a facebook post that she is staying as long as she possibly can. I have a written, signed, month-to-month rental agreement with a waiver of notice to quit. In the six plus pages of the agreement, it states that any breach of the terms cancels the agreement and the tenant(s) faces eviction. I tried to tell the judge that, even if she does pay, there is no longer a rental agreement and I will not issue another one. The judge cites PA law and says "she pays, she stays", coupled with "I don't make the laws, I just enforce them" when I stated that I disagree. However, the judge did say that I can issue an updated rental agreement and can include a rent increase. I do not understand why I cannot get her out, even if she does satisify the judgement. (And) She is a real pain-in-the-... tenant (many complaints, can't even change a light bulb, etc). Any suggestions for this one? Also, how do I prevent this failure to vacate in the future? As a note: ~ 5 years ago, I did give her a break, as she was not the most desireable tenant, from a screening point of view. Yeah, my heart won out on that one. It has not happened again, nor will it. Since then, I have heeded the almost constant website advice of proper screening. By the way, there is absolutely no indication that she will come up with the money to satisfy the claim, as she is now unemployed. I will be going back to the courthouse Monday morning to get an eviction judgement and notice.
Thanks!!

Joe, Archbald, PA

A: I have a hunch. Are you trying to evict for non-payment? That may be the problem. That's where "she's pays, she stays" comes in. There's another type of eviction that has nothing to do with non-payment. In NY, they call it a holdover. Look into it.

Dear Mr. Reno:
I recently started renting from a friend, the landlord placed me on the lease (which I never signed) it was verbally agreed that I would pay 1/2 of the rent and also 1/2 of the utilities.. have been renting for a couple of months now and after a promotion the friend now wants to charge me 1/2 of the security deposit... What are my rights regarding this change to the verbal agreements? Thank you,

Nick, WV

A: He should have gotten this up front, so now he can't force you-but you have to live with him. Do you want to stay or not? If so, sign the lease & pay your half of the security.

Published 2012-10-13

Dear Mr. Reno:
My Aunt called me with an issue regarding a tenant eviction situation that her son is involved with and I was hoping you could help.

Her son's name is Steven and he is living in her recent fathers home and felt sorry for some homeless people and let them live in the shed in the rear of the property until they could get on there feet. They eventually gave him some food stamps that they had received in n effort to obtain a bit more time and sweeten the pot if you will. When asked to leave they refused and when Steven called the police the homeless people told the police about the food stamps and the police said that was now considered an agreement between both parties and he did not have the right to tell them to leave. First of all he does not have the right to allow anyone to live there as my Aunt and Brother are the owners of the property as stated in the will. Can you give any advice as how to handle this situation?
Your help is greatly appreciated.
Thank you in advance,

Denise A., FL

A: No good deed goes unpunished. You have to give them 30 day notices and evict them and this can get sticky; you'll need a lawyer. (How can this be done, you ask. Well if the police wont help you, that's your answer. Only one left is the courts.)

Published 2012-10-12

Dear Mr. Reno:
My mother allowed as a temporary situation the rental of a basement in NY. She is elderly and fell for his sob story of his going through divorce and being without a place to stay. Soon after he moved his wife and child. When confronted with the request to vacate he refused and stopped paying. He has been served documents and a court date is set for July 18th.
Is there a form that may be issued as an agreement to vacate?

HOLA Communications

A: No, because it wouldn't be enforceable. Only a warrant of eviction from a judge is worth the paper its written on.

Dear Mr. Reno:
I sublet my apartment to two individuals (the sublease listed two subtenants) only one subtenant signed the lease, I did as well. The complex does not allow for subletting, require a roommate addendum, however they are aware of the sublease and have made no complaints. The subtenants failed to pay rent and refuse to vacate? Because the contract is not signed by all parties can I consider the sublease invalid and have them removed for trespassing? Or must I go through with eviction procedures?

Reena S.

A: Yeah, that'll work. Trespassing. Just call the police. They'll be right over. (It's not going to be that easy.)

Dear Mr. Reno:
I am a landlord in CA. Our tenants have a 12 month lease with an option to renew for a 2nd 12 months. So far within the first six months of renting the home, they have paid the rent late each month and still are behind about a month and a half of rent. Do I have to allow them to renew when the first 12 month lease is up next year?
Thank you.

Meredith, CA

A: Well, you can't take away their right to renew, that is, unless you evict them first for non-payment. So I would get right on that.

Dear Mr. Reno:
I live in Tennessee, I'm 18 and my mother locked the doors one day and wouldn't let me back in the house and refuses to give me my bed, clothes, apartment appliances that she didn't purchase, etc. Do I have any legal right to get my belongings back, she practically left me with nothing.

Annamarie, TN

A: Has the entire world gone crazy? You either left out what you did to Mom or Mom's gone completely nuts. So which is it?
Go to the police. They'll at least let you get your stuff.

Published 2012-10-05

Dear Mr. Reno:
I am a new property manager in the state of Oregon. In July of this year, I performed the customary move-out inspection on a rental home whose tenant moved out when the lease ended on June 30. During this move-out inspection, I found damage done inside the dwelling (single family home on a resort) as well as to the mechanical garage door (sizable dents on the outside). After emailing the homeowner of this rental with photos of the garage door damage, the homeowner decided not to pursue fixit recovery for the door; he said as long as the door still operated properly, he was willing to waive the costs to repair it. For the inside damage, I withheld $65 from the tenant's $1,600 security deposit to pay to rectify the indoor damage, and I returned the remainder of the security deposit to the tenant along with a statement of accounting, which described both the indoor damage as well as the waived repair for the garage door damage.

I never heard from the tenant after delivering his security check to him, but since July, I have been the recipient of a multitude of harassment actions by a husband and wife couple who are friends of that ex-tenant and who clearly have shown me that they were the culprits who damaged the dwelling, not the tenant. This couple also lives on the resort -- in fact, they live just behind me -- and they have been relentless at hammering away at me and a disabled, mentally challenged young man who lives with me (they come out onto their back patio, in full view of my back deck, and mimic/mock my disabled young ward, who then breaks down into full emotional anguish, to my utter dismay and heartbreak).

It is my observation that this couple must have been reprimanded by my ex-tenant in such a way as to cause this couple to lash out at me, repeatedly. I find their behavior reprehensible and juvenile (they are also spreading gossip about me and my property management business around the resort). There seems to be no stopping them; this is now October, and this vindictive harassment has been going on since July.

I am just starting out in this field. I am not in a financial position to afford an attorney or to move away. I contacted our local real estate association chapter and was told that they do not assist property managers, only realtors; they suggested that I go online to seek help. We live in fear now, and all the joy has been taken out of my initial excitement at beginning this new career. The wife of this hostile couple seems to be particularly obsessed with keeping up this harassment, in a variety of ways, of which I have been keeping a log. The couple are not the homeowners of the house they live in (but the husband's brother is the homeowner, so they are related to the homeowner), and they act as though they are above the resort's CC&Rs for civility to neighbors.

I am at my wit's end. Your help is greatly appreciated.

Cathleen C., OR

A: You are dealing with sick disturbed people here. Do not engage them in any way- that will only escalate the situation. You either ignore these people or move- those are your choices. Want to take them on legally? Not worth it. Even if you win, you'll be subject to retaliation and cruel spitework. You can't fix crazy. Ignore'em or move.

Published 2012-10-04

Dear Mr. Reno:
My question is, When is the correct day to serve a tenant a 30 day notice to Vacate? Her lease has been up for a year and her date to pay rent is the 22nd of each month. Does it have to be on the 1st or right before the 22nd? Also, approximately how much will it cost me to hire you for this process? I have a feeling she won’t leave and I overheard her tell someone that she’s going to ‘trash’ the place. Thank you in advance!

Joey from Suffolk County, NY

A: You just missed the September deadline! Serve by 10/22 to vacate by 11/21/12. Call me 667-RENO.

Dear Mr. Reno:
Hello my name is Carl Orlandi I am a landlord in Mass. A tenant finally moved out after stiffing me over $5000 in back rent... I know it will be hard to get this money back but is there any preferred way to try... the main thing is they are out. Any suggestions would be great thanks.

Carl Orlandi, MA

A: Step One: You'll need a money judgment. If you didn't get one in eviction court, commence small claims. Then get back to me.

Dear Mr. Reno:
I have some tenants that have moved in with 4 dogs and 2 cats and an extra person who is not on the lease. The lease has a clause that states that extra person(s) may be subject to a rent increase. They did have my permission to have 2 small older dogs, not 4 plus 2 cats. What is my best course here...hit them with a $200/mo rent increase because of the extra person, give them the notice of lease violation letter and then evict when they don't get rid of the extra animals? What do you recommend? Thanks!

Larry W., LPA member, Camano Island Wa.

A: Ouch! Una problema grande. Terminating a lease for animals usually fails. Raising the rent is also problematic because your lease isn't specific about the increase, threaten the increase in rent and tell them even if they pay, their lease will not be renewed with the animals. In the end, that may be how this ends, by the lease expiring.

Dear Mr. Reno:
I need my landlord to write a satisfaction of judgement letter, in June of was late paying my rent and my landlord started the paper work for eviction, I told them that I will have my rent paid, they told me that's fine that they would waive the eviction fees, I didn't know that the eviction is showing on my credit report and I need a letter from my landlord saying that my rent from June is paid and satisfied, now my landlord tells me that there lawyer has to write the letter. It seem like I'm getting the run around, and I don't know why.

Tia Michel, Atlanta, Ga.,

A: You didn't "nip it in the bud." You let it go too far. Once the eviction goes to judgment, you're credit is dead meat. Sorry.

Published 2012-10-03

Dear Mr. Reno:
Does a Maine Landlord have to do a walk through with a stranger that the tenant sends to do the walk-through or must the tenant be the one to do the walk-through?

(happened to me yesterday, I refused to do the walk through with a strange man the tenant sent, who did not even give me his name, no way I am walking into an empty apartment with a strange man)

Pam Jones, Maine

A: There's no legal requirement for the tenant to be present. Tell the tenant you'll forward the deposit return and settlement statement to his forwarding address.
Or, if you decide to meet with the strange man sent by the tenant, first tell him you want his name & address & will verify it by photo ID. Still worried? Bring a friend.

Dear Mr. Reno:
The bank sent me the default letter but has failed to serve me the Mortgage Complaint for two months and I am still waiting. I want the three tenants out that the bank coerced to pay them their rents and not to me. I am paying all the bills and all expenses for the property and maintaining the building waiting for foreclosure.
*
I WANT THESE TENANTS OUT for many reasons including insurance liability. I am obviously taking care of the banks building under law while awaiting change of ownership. The bank is collecting the rent, I am paying the bills and managing their building.
*
One tenant was on month to month and I gave him notice he had to leave due to being late with rent all the time and breech of agreement. I want him gone even before my default. He called the bank and they gave him advice to stay and they would take him as a tenant. I HAVE NOT EVEN BEEN SERVED. I have finished the eviction notices and letters and he told me the new bank told him to stay and continue to put off going to court if served, they would have ownership soon enough. What do I do? I don't even know if they are paying the bank the rent.

Denise, Pennsylvania

A: Most mortgages have a clause that says if there's a default, the bank can collect your rent. What can I say? You agreed to this. We homeowners all do.

Dear Mr. Reno:
My ailing aunt has allowed me to live in her home for a couple years, rent free. I live next to my ailing grandparents. All of the sudden I am contacted by a lawyer saying my aunts daughter is kicking me and my family out and she's selling the house. She also is wanting me to pay for anything that's wrong with the house and back rent. Never have spoken with her. Last time I spoke with my aunt who is mildly unstable mentally, she was leaving the house to me. Can this happen legally? Even if I don't get the house, that's fine but don't want to pay back rent when me and aunt had an understanding.

Nancie, FL

A: First, don't worry about the back rent. That won't fly. But as far as kicking you out, that's your Aunt's call. She's the owner. But if she has been convinced by the evil daughter to evict, that's a problem. Again, she's the owner.

Published 2012-10-02

Dear Mr. Reno:
My question is my stepmom and I had an agrement to let me live rent free in her home as long as I took care of the house and kept it up well. I have put money into the house doing major repairs that had to be done. well the house is nice and livable now but now my stepsisters want me to start paying rent. my stepmom does not agree with this but they told her to stay out of it this is not the agreement betwenn my stepmother and I. what can I do and since they are recinding on her and I agreement can I ask to be repaid for repairs?

Valerie from california

A: I think you should pay rent, so I agree with your stepsister. But my vote doesn't count anymore then theirs, so relax.

Dear Mr. Reno:
I rented a house in Arizona for six months; during that time the sky light in the bathroom would leak everytime it rained. I called the property manager several times to have it fixed and was told that they weren't going to fix it and if I did not like it I could leave. I was out before the end of the month. The property management company told me I would not be getting my $ 1250 security deposit back because I broke the lease. I justed wanted to be out of there so I sayed fine. I later found out they sued me in small claims court and were awarded $2000. I am trying to improve my credit and want to resolve this but the property management company stated they won't release the judgement unless I pay them $3328. Can they do this?
Thank you,

J Stack, Arizona

A: You have to make a motion to vacate the default judgment. That's step one. Tell the court you moved and never got the Notice of the small claims action.

Published 2012-10-01

Dear Mr. Reno:
How much time must pass, after judgment for eviction, before the locks can be changed ?

Til B., Colorado

A: That's a complicated question. Once the tenants vacate, you can do it, but sometimes just because the court grants a judgment, doesn't mean the tenant just vanishes. If they're stuff is there, you'll need the Sheriff or Marshall to give you possession before you change the locks.

Dear Mr. Reno:
We are stuck in a 2 year lease. We still have one more year to go with our tenants. She has continuously complained about the most ridiculous things and has now called the Fairfax county to come and inspect our house. Regardless of this we would like to evict our tenant. We have told her to move out with her full deposit but she refuses. Instead she is making our lives a living hell. We don't know what we can expect from the County we are just waiting. Is there any way we can evict her? We have a lease and she pays rent on time. The only thing she has done is violated HOA 3 times and we got the notices on not cutting the grass, keeping the trash out and not maintaining the weed growth thru fence.

Is there any hope for us. I am pregnant and she has stressed me out in every way possible.

She continues to make complaints about our window screens which we believe are in good order but she wants them replaced. There is no mention in the lease can we just remove them?
Thank you,

Farida, Virginia

A: NOTICE TO ALL LPA MEMBERS: NO MORE 2 YR LEASES (Reason: this question) - Answer: No. There is no way out if she's current. What if you hate the tenant like Farrida?)

Published 2012-09-29

Dear Mr. Reno:
What is the best cause for starting the eviction process IF the tenant is A) did not (and has stated will not) be paying their rent and B) has breached the lease through several code violations in the township.
Thank you.

Ed - PA

A: If you want to try this without an attorney, then go to the local courthouse and get the forms for non-payment. That's the place to start.

Published 2012-09-28

Dear Mr. Reno:
I've lived with SO in his house for 7 years. No written agreements exist. I get mail here, all my possessions are here. I've left at various times for no longer than 3 weeks. I've been here without leaving now, since Labor Day weekend. He threatens to institute summary eviction, b/c I called police over domestic violence incident. He during this incident, dismantled phones when I tried calling 911. He is now even more furious, b/c he needs to hire a lawyer for this proceeding. I have a "refrain from" in place. What are my rights?
Thank you.

Mary L., New York State, not NYC

A: You didn't mention anything about rent, or a lease, so I assume you're just hanging out, which is fine, but you can't hang out forever. Not when you and your host are at each others throats. So unless there's a lease, he can evict you, after the proper notice to vacate (30 days.)

Dear Mr. Reno:
Our tenant let water overflow in a sink which caused $6000. worth of damage. Our insurance company fixed the damage but we have a deductable of $1000. How do we bill the tenant for this? She has been very uncooreptive as a tenant but still has 3 months left to go in her lease. Sharon

Sharon

A: This is tricky. Does your lease cover it? If so, lease may allow you to consider it added rent, bill for it if no pay, evict for non-payment? If not in lease, its small claims court, but here's the catch. Can you prove it was their fault- its not so easy. Suggestion: Ask them if they'll split it.

Published 2012-09-27

Dear Mr. Reno:
My question is my tenant abandoned the property owing 8 months' rent. Now the lease is up. do I have to put any property left in the residence in storage or can I toss it?

Richard M.W., NC

A: Store any valuables for 30 days.

Dear Mr. Reno:
I entered into a month to month lease in october of 08. In may of 09 I got some dogs, in my lease upon moving in it asked if I had dogs I stated no because I did not. There is a 200 doller one time pet fee. I had the dogs 15 days when my landlord came to collect the rent, I wasn't there. she saw the dogs chained outside, she left me a really nast note about the dogs and my rent being 3 days late. This was a sunday, I called her back and told her that I had just got the dogs, and told her that the following tuesday I could pick my check up. she continued about the dogs saying I said I had none, I told her that we both knew that I did not she had been to the house every month to pick up the rent and she would ride by the house often so she knew I didn't . she gave me a 3 day notice on that day saying to pay or vacate the eviction notice was served by the sherrifs office on the day I received my check , I was advised by the sherrifs office that she couldn't make me leave in 3 days I had 30 to find me somewhere to go. less than thirty days later I got 24 hr notice, I moved out that night because the notice came while I was at work and I didn't get home untill after 5pm Now she keeps sending me registered letters, do I have to except them, what could she want? It has been 2 months sense I lived there.

Keyandra

A: It's never a good idea to not accept certified letters. In most cases, the law considers you to have received them if they were sent certified, even if you don't accept them. Besides, aren't you curious?

Dear Mr. Reno:
Yesterday I had gone to check my rental property and I noticed that there was water damage. What happen was that the water heater leaked which was repaired by the service tech within 3 days of problem. The technician stated that the water flood could have been prevented by turning off the water valve. I argued with my tenants that they had to fix the repairs also, they removed the carpet in my basement without my consent. I plan on sending a company to inspect if there is any mold problems. my tenants told me that they are not going to fix anything because it was not there fault. Their lease is up at the end of the year. How do I go about fixing the mold problem and routen wood and damage drywall in my basement? Should I fix it and deal with them at the time that there lease is up? Or should I fight with them to fix the repairs before hand.
Thanks in advance for your help!

Amparo

A: I would be inclined to say as long as the rent continues to be paid, leave it alone for now- but the mold issue does concern me. That can get out of hand unless you nip it in the bud. I will defer to the advice of your inspector as to whether or not it can wait.

Dear Mr. Reno:
I rent a bedroom to a man and his wife on a month-to-month basis (oral agreement, no written contract, but they submit monthly checks for rent). Two months ago I gave them a 30 day oral notice to vacate because my daughters were moving back into the room. They asked for 2 months instead of 30 days and I agreed (oral communication as well). That means they would be moving out this Saturday, October 1st. However, yesterday we had an argument (over a cable misunderstanding in which I disconnected their cable with 3 days left in their lease) and regardless of my attempt to fix the ordeal, they threatened to not vacate at all in retaliation for the cable mishap and threatened I would have to evict them in 6 months.

We concluded the argument with their demand that I give them an additional 4 days past our agreement (and implied that otherwise they'd refuse to leave if I didn't agree to all of their demands). I agreed, but I don't think they have any intentions of leaving.

What should my written eviction notice consist of considering there is no written contract or communication thus far? I am assuming we have a month-to-month contract by default since I receive monthly payments and we have no written agreement. Also, how else can I protect myself against their verbal threats and perhaps use them during the eviction hearing?

Thanks in advance for any information you may help me with.

Joaquin, VA

A: No good deed goes unpunished. In your efforts to show compassion and be reasonable, you nullified your original 30 day notice. Now you have a big mess. If they don't pay the Oct. rent, you can evict them then on that basis. If they do, you'll need another written notice for December 1. (Its already to late for November 1!)

Published 2012-09-24

Dear Mr. Reno:
Is there a law that will allow the tenent of my commercial building to stop paying on a five year lease due to my failure to comply with the ADA? I did not know I was not in compliance and the tenant and his wife are disabled. They want out of the contract. They moved out and I am sueing them. thank you.

Dana K in Arizona

A: Sounds like they have a good defense. If you're not in compliance, how can you force them to stay? It's like trying to enforce an illegal contract- can't be done.

Published 2012-09-23

Dear Mr. Reno:
My name is W Eric and I am a Landlord from Illinois Chicago area that rents out two rooms of my house my wife and I live in on the second floor. I have an annual signed lease the two tenants. One tenant in each room is allowed to park on my blacktop driveway. One of the tenant’s vehicles is leaking a lot of oil and heavily soiling the blacktop and I can see it will eventually cause permanent damage to the blacktop driveway. I have discussed the matter with the renter and he agrees it is a problem and has told me he will get it fixed. I have sent several email and posted fix-it notice on his door for the past month but until I started posting notices on his door and sending him emails he would not go to a shop to see the cause of the oil leak. Finally after 1 - 1/2 months he went to a shop and found it would cost him $500 but he does not want to fix except by using his mechanic (friend) that he can never get a hold of. I told the renter I was going to clean the oil spill at his expense because I was going to seal coat my driveway. I told the renter he would have to purchase a piece of plywood to place under his car after the driveway was seal coated to prevent it from further damage. He agreed but has not purchased the plywood and is parking on the driveway leaking oil. I have also told the renter he has 14 more days till I take action against him by facing eviction from the room.

What can I do to evict this person who never listens. Can you help me with some options I have. It is my understanding I need to file with the courthouse the sheriff will have to deliver the notice then a couple of weeks later the sheriff will evict. Is this correct?
Thank you,

W. Eric, IL

A: You're not going to like this, but you're gonna have to wait 'till his lease expires and not renew. You have no grounds to break this lease, my suggestion: "Dear Tenant, please be advised that due to your vehicles oil leak, your lease will not be renewed." (Give it a shot.)

Dear Mr. Reno:
My mother and step father have appointed me to be the executer of their estate, they currently own two homes, they reside in one and my relatives in the other. Their will specifically states that her children, sisters and brothers can reside in the home rent free, however since her siblings are almost elderly they have living children residing in the home. In the event of death can I request rent from her siblings children, or should they put that information in their estate their estate? I’m not sure what to do, thanks for your help.

Crystal, CO

A: Yes- They don't get a free ride (unless all the then living heirs are okay with it.)

Published 2012-09-22

Dear Mr. Reno:
I have given my tenant and her two kids verbal notice to move one yr ago. I have proof she was looking in nov. I then had my neighbor give a 30 day notice. I didn’t know not to accept rent after. She was given another 30 day notice. She has always paid her rent on time. I did not accept it this month. They have been a problem since they moved in six yrs ago. I have a lot of proof. My neighbor gave an eviction notice yesterday. I overheard her talking with someone about getting her daughter into a program for mental health. She is on a wait list. I don’t know what to do. I obviously need a lawyer, a strong lawyer who will get them out. Thank You,

Jamie, NY

A: The hardest thing to do is evict a tenant that's current. You should give us a call 667-RENO

Published 2012-09-20

Dear Mr. Reno:
I am a landlord from NY and I am renting a space as a Bistro in my building. Recently, my tenant claimed that the toilet bowl broke so she had it fixed and paid for it. I am now asking for the receipt to see exactly what the problem was but she does not want to show the receipt to me and make copies.
Can I force her and if so how do I go about it?

Maritess, NY

A: (I am assuming she's deducting this from the rent.) If you commence a non-payment eviction, she'll need to produce it. How much of a deduction are we talking about?

Dear Mr. Reno:
To make a long story short my last tenant caused over $5,000 in damages when they left and their security deposit was only $1,600. How can I put something in my lease that states that I can make bi-monthly visits to make sure there is no damage and how do I handle this, if for insistance the carpet is totally destroyed after 2 months and their lease is not up yet? Any advice would be greatly appreciated. Thank you!

Brenda, MN

A: You've got the right to inspect upon notice in the LPA lease, no? But the bottom line is if these people are going to live like pigs, there's not a Helluva lot you can do about it, except let the lease expire & don't renew. Personally, I'm happy if I just get the rent- but that's just me.

Dear Mr. Reno:
I have a rental and need a new tenant. There is a father of three that is interested. He lost his wife in a fatal car accident and wants to rent our home and pay for one year up front. He is not working and the children are minors. What happens after one year and he can’t pay the rent?

Karen H., California

A: Why are you asking me a question when you already know the answer? Dum-di-dum-dum.

Published 2012-09-19

Dear Mr. Reno:
I recently was given a house by my fiance in which is tenant occupied - however the tenants have not paid rent in almost a year because he didnt not have a license to rent out the property and now they are giving him a hard time, Now that the property is in my name how do I get them out?

Shiheda H. , PA

A: Notice to Quit or Notice to Vacate, holdover proceeding. (I'm not sure if it's 30 or 60 days notice in your area - ask a local.)

Dear Mr. Reno:
I have someone that is just moved in. It was a friend so I let them start moving in because they got kicked out of her sons home. I didn't get them to sign any lease yet because I was moving out at same time they started moving in and they didn't pay anything but been in for almost 3 weeks and giving me hard time about the rent. Can I kick them out with any legal help?

Evon from Ohio

A: You're at the precipice. Try the police; he hasn't paid any rent, so they might help you (or just change the locks). But if that doesn't work, I'm afraid you'll need to evict him.

Dear Mr. Reno:
I am trying to help a friend of mine who lives in SC.
He has lived in this house that his friend owns for the last 16 years. He has a verbal agreement with his friend. My friend had a verbal arrangement with his friend where he, my friend would pay ALL the bills associated with the utilities and upkeep of the house in exchange for living there. Well, my friend's friend is now in the hospital and unable to communicate and probably will not survive. But, just before this, my friend's friend, under great pressure was forced and sort of blackmailed into to signing a lease with some other people for the same house my friend lives in. The new renters want my friend to leave, without giving him proper time to leave and are threatening throwing him out. My friend has all his possessions at this house. The new tenants say that they will not pay the rent until my friend leaves the house.

I would like to know what rights my friend has either under common or other law, since he was sort of a partner with his friend in this house that he and the the friend also lived in for the past 16 years, and all this happened quickly. My friend wants to leave but needs some time to make his arrangements.
Thanks,

Janya, SC

A: Well at the very least he's entitled to the notice to vacate provided by law (usually 30 days), but I think your friend will stay there for some time. He has an agreement with the owner, even though its verbal. Now if the owner wants to evict him, he can, but these new renters can't evict him.

Published 2012-09-18

Dear Mr. Reno:
I filed an eviction with the courts for non payment of rent. Can I lock my basement which has my washer and dryer (which I did let them use when they were paying) and personal belongings. They have nothing stored down there and no reason to enter other that to use my W & D and possibly steal my belongings. They were on a month to month rental agreement where the washer and dryer were listed as my property. The basement has its own separate door.
Thanks!!

Tom, St Louis, Missouri

A: You're in a grey area. I could go either way on this. You've already got a bad situation, this will only exacerbate it. On the other hand, sharing the W & D will increase your contact and chances of confrontation. On the law, it could also go either way, depending on if the court finds the W & D were (or became) part of the deal. I vote for whichever way reduces the risk of violence. It's your call.

Published 2012-09-17

Dear Mr. Reno:
I have tenants threatening to take me to court if I don't return their deposit or let them stay another month. They put paper towels down my septic causing a back flow and almost $5k in damages. I had to assume almost $1500 which insurance didn't cover. They stayed in the house during all the problems and feel it is my responsibility to make it right since they lived in the place when it was being remediated of the sewage in the walls.

I had asked them to vacate early and would return the rent they'd given, but have to date refused to return their deposit of $1650 since the damages are more than that.

They have no money, so have little to lose to threaten me. I simply don't want to spend all my money and time chasing out deadbeats without a job.

I live in Tennessee. What are my eviction rights? My lease states in three places that the tenant is responsible for repairs. Additionally, in one place it speaks to the tenant being responsible for repairs if the clog the septic line. The septic pumping report said the clog was caused by build up and paper towels.
Thank you, Nichole

Nichole

A: Eviction may be a problem. You didn't mention rent arrears- I assume they're current. If their lease isn't up, you may have to wait until it expires. The good news is it sounds like you can keep the security- but if they take you to Court for it, you'll have to settle it there.

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