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 2009-05-20

Dear Mr. Reno:
I have tenants that moved out end of April, however I was letting them out of their lease earlier since I have another tenant moving in June 1st. New tenant dropped off one box and several pictures after old tenant moved out in April. And now old tenants don't want to pay for May's rent due to they say that someone else is moving in. but she doesn't move in until June. What is my legal rights as a landlord.

Tracey Meadows - Virginia

A: Your old tenant has a point. You retook possession in April by proxy (gave new tenant access.) Also, you said you were letting them out early. I think it's a loser for May.

Dear Mr. Reno:
My Lease/Option Agreement calls for the tenant/buyer to pay the property taxes, inter alia, and $5/day for late fees. I'm in the process of evicting her for non-payment. Will the court have an issue with a tenant/buyer paying property taxes, or with the amount of late fees which are now over $2000.

Kim A., Michigan

A: It may be a problem, but it never hurts to request it. The late fees might be granted, but reduced. Property taxes, if its in the lease, maybe, but the courts around me wont give it unless the lease says the taxes are "deemed added rent" which they refer to as "the magic words."

Published 2009-05-19

Dear Mr. Reno:
The landlord lost the house to the bank, and now the bank is evicting us. It's a two family home, and I was told by the other tenants, the Marshall is coming next Saturday to serve a 6 day notice, how can I find out the Marshalls contact information to find out if that's true or not? Thanks

Tariq, Queens, NY

A: I don't think you can. In NYC they're separate entities- not centralized like- most places. You'll have to wait to hear from them.

Dear Mr. Reno:
Thank you in advance for answering my question.
My tenant moved in the apartment in November with a lease agreeing to pay $600. per month on the 1st day of each month thereafter. Of a total of $3,600., I have received $1,300. from her, $500. from an emergency fund, and $600. (as security deposit) from a charity organization on her behalf.

She owes me $1,800 plus late fees as stated in the lease. Every time I call, she promises payment at week's end and then gives excuse after excuses. She is already three months in arrears. I have been very nice and patient with her. How can I have her evicted without going to court (which will possibly give her another two months grace), meaning I will then be out of $3,000.?

I do not own the apartment, Can I give her two weeks notice to move out as the owner is moving back to the city and wants to occupy the apartment?

Marion from Phila., Pa

A: If there was a way you could evict her without court, I'd be out of business (2 weeks: NG)

Dear Mr. Reno:
I'm a landlord and my friend is also a landlord and she lost her husband recently. We live In California and the property is in San Francisco Bay area. They were going thro' marital problems but still NOT divorced or seperated. Last month her husband died suddenly and he was only 44 years and left her no will or trust . The townhome they own has only his name on the property taxes and NOT her name.

Can she claim title to the property (legally and ethically they were NOT divorced or seperated at the time of death?

Second part of the question: This townhome was rented out for last 2 years and the tenant knowing the death of the landlord has stopped paying rent? How can we evict the tenant (2 females)? They are refusing to pay the rent.
Thank you

Rama Panchapakesan

A: They can stop paying the rent.. as long as you let them. You need an estate lawyer. She should get appointed immediate temporary administrator. Then she'll have the authority to deal with the tenants (she's going to have to deal w/ the estate sooner or later. sooner is better, unless you want the tenant to live rent free a couple of years.)

Dear Mr. Reno:
My aunt is being evicted off the land she has lived on for the last 12 years. I know she was homesteading it. I know she gave them the money to pay the taxes, but she gave it in cash and has no proof of it. This woman sent her a notarized letter saying she wanted her off the land in 90 days. That would be the end of May. She needs a little more time to either sell her mobile home and purchase a brick( her 1st choice) or buy some property to put it on. She just recently find out about the property auctions that she can afford in our area, unfortunately these type of sells take time. Do you know of a way she could get another 90 days. The woman will not give her the extension, is there a way around her?

Christina, Texas

A: Another 90 days? That's a tall order. How about court? When she gets to Eviction Court she can ask the Judge for more time. Maybe if she'll pay more $ for use and occupancy? She's got a shot.

Published 2009-05-14

Dear Mr. Reno:
We live in NJ and purchased an 8 aprtm bldg 5 years ago. We inherited 2 tenants who were relatives of previous owner. As such, there was a one year lease which we had to honor with very low rents and with us paying the utilities. As we have rental control in our town, we are only allowed a certain percentage for a raise. When I showed the rental board how much my utilities had also gone up, they said "they are not in the untility business" (these people are volunteers, so no sure if their answer is applicable to my situation). Question, as these people are month to month as there is no written lease, can I change their rent to reflect a rent fee and a utility fee? If they refuse to sign the new lease what are my options?

Sandra H, NJ

A: I doubt very much the rental board would allow that because it's in effect a rent hike which they control, which is why they call it rent "control" . Sorry.

Published 2009-05-13

Dear Mr. Reno:
I have been approached by a tenant that said that he and his fiance are both unemployed but "independently wealthy" (which I doubt). I am talking to them about a 2 year lease of our house. I told them that they would have to pay two months rent for security deposit plus the first year's rent up front (to be held in escrow) and then begin making monthly rental payments 3 months in advance starting in October 2009. (October '09 for Jan 10 rent, etc).

Do you believe this is enough security for me to accept them as tenants?
thanks for the help

Jim Duff, North Carolina

A: Well, you can't beat that deal with a stick, but you have to wonder, if these people are so loaded, why don't they buy a house? I've never seen a year paid up front, but if you can get it, all I can say, why not do it?

Dear Mr. Reno:
Where do landlords go for help when the judges do not follow the law towards tenants, even when a landlord shows the judge the secction of the law pertaining to the case.

landlord have no rights here in central New York, we need help????

Milt, Central NY

A: You think so? Try Queens County Civil Court in NYC. That's a complete kangaroo court deal; I wont even step in there anymore. Where do you go? To the appellate court, but who can afford it? Also, even if you won your appeal it takes months, so if you're trying to get a tenant out, what's the point? All I can say is, take security and evict fast- Don't dawdle. That's all you can do.

Dear Mr. Reno:
In Ca., rent for periods over a year old cannot be listed on a 3 day notice. Questions: If the tenant is still living in the property (no 3 day notice), is that tenant liable for all back rent, regardless of the time period when it was not paid? If yes, can I apply all rent received to the overdue rent first so that eventually all overdue rent is in the most current months? Can I require the tenants to sign a new month to month lease (they currently are month to month, but I don't like the lease my former manager used)? Finally, do I have to provide the tenants with an itemized receipt telling them that I am applying all funds received to overdue rent first? Thanks,

Mike

A: 1. The tenants are still liable for the part due rent, you just can't evict them based upon the arrears more than a year old.

2. If they are specifying the rent remitted for particular months., you can't overrule it, even though you may apply it differently for your own records.

3. You can't force them to sign a new lease, but if they're month to month, you can termimate them. (Three's the limit.)

Published 2009-05-12

Dear Mr. Reno:
I am living in a rental home that is being foreclosed on and have been advised not to pay rent.If the landlord files an eviction notice, how long will I have and what are my rights? Thanks,

Clinton H

A: You're speeding up your own eviction. If you stop paying the rent, the eviction can start now. If you pay the rent, the eviction wont start until after the landlord loses title to the house. Do the math.

Dear Mr. Reno:
Is it legal to require pet owners NOT to feed their pet in common areas, such as hallways or porches?? Thanks

Donna Johnson, Idaho

A: Yes; you can put that in your lease, but I would think what's more important is where they do, well, the other stuff they do.

Published 2009-05-08

Dear Mr. Reno:
I own a two family home in Binghamton, New York. I have been forced to evict a tenant in one of the apartments and have served the tenant with a 30 day notice. The tenant has indicated that they will comply and leave peacefully. My problem is that they have refused to allow me access to the apartment to show it to prospective tenants. My lease with them does not make any provisions either way for this. What can I do? Thank you for your time.

Chris Nabinger

A: You're out of luck. And don't feel bad about the lease, even if you a have a clause. There's no practical way of enforcing it. If this tenant leaves "peacefully" without Court, you should consider yourself lucky.

Dear Mr. Reno:
i wanted to know can a woman who owns a home in nj tell her son in law who pays no rent to get out of her house

Heidi

A: Yes you can, but if he's been there, he's probably entitled to a notice to vacate, maybe 30 days, depending on your state.

Published 2009-05-06

Dear Mr. Reno:
I want to know can a landlord in Maine legally take you to court if the tenant owes $200 in back rent and has filed chapter 7 ?
Thank you

Carol M.

A: Yes you can. Small Claims Court. But if the tenant has included you as a creditor in the bankruptcy, then you're out of luck.

Dear Mr. Reno:
My husband and I own a 7 unit apartment building. We carried on the month to month leases of the previous landlord which do not specify a notice requirement for termination of tenancy. It is law in the State of Michigan that a Tenancy / Estate at Will be terminated with a 30 day notice. We have a tenant vacated with 19 days notice. She will not pay the additional 11 days and insists that she does not have to because it is not in her lease agreement. We plan to withhold the rent due for premature termination of her lease from her security deposit. We expect she will object. If she does object, do we need to obtain a judgement (in small claims for example) to keep the rent? Or, does she have to take us to court to get a judgement to give her the funds back? Typically (for damages), security deposits are the property of the tenant and a landlord has to file suit. If we don't file suit and were supposed to, she can file suit for 2x what we hold back. This is a gray area in how security deposits work ... please advise!! Thanks.

Evelyn B., Michigan

A: The only way you can protect yourself is if you release the security (less documentable damages) and sue for the rent in small claims. And while you're at it, you can sue for the next month rent because of the improper notice.

Published 2009-05-04

Dear Mr. Reno:
I own a property on the Big Island of Hawai'i which I rent out to tenants from who I collect County Housing for. On 4/14/09 I took the time to visit my property (which I rarely do and I also have a completely separate 2 bdrm cottage in the back which is empty) and upon driving in I found 10 make shift dog sheds with 14 dogs!! I had no knowledge of them even having a cat.

Long story short- the tenants agreed finally to have them out by 5/1/09 but they threatened not to renew next year, overall they are just being really obnoxious about the whole thing. I sent certified mail yesterday (and copied County Housing) of all the breaches as per our rental agreement. On section 27 of the Lease it states if the tenants violate any agreement in the lease the Owner has the option to withhold the Security Deposit. This is in fact what I choose to do since the foul smell of the dogs being kept right in the back yard near the house needs to now be re graveled or something. But legally can I keep the Security Deposit ($1,300.00) just for the simple fact the violated the lease? Kind Regards,

Jennifer Kilgour

A: Maybe. The problem with your clause is it may be unenforcable if it is deemed a "penalty" clause. You have to make it compensatory, not punitive. If you withhold the security, you may need "out of pocket" expenses to justify it.

Dear Mr. Reno:
Sir, my name is Maurice, I live in Washington State.. My wife (rebecca) & I own three rentals.

we recently had to hire an Attorney force an eviction. We received a judgement for past due rents and attorney, court costs. Total amount is over $8,000.00
WHAT CAN OR MUST WE DO TO COLLECT ANY OF THOSE MONIES?
The past tenents own several autos & have a job.
Thank you.

Maurice, Washington

A: Wage Garnishment. It can be done (we have several in the works presently) but the procedure is differend in every state- so you need to find a collection lawyer or someone who knows the ropes.

Dear Mr. Reno:
I sent a rent increase with more than thirty days notice and they paid the old amount, should I cash the check and sue for the rest?
Thank you.

Michael, Washington

A: You could try that. Some judges don't believe a landlord can unilaterally raise the rent. It's a somewhat murky area of the law. Why don't you send them a "nice" letter saying if they're not going to pay the increase, you'll be serving a 30 day notice shortly. That should get their attention.

Published 2009-05-01

Dear Mr. Reno:
We are thinking about renting our home to a couple with handicapped husband. He had a stroke and has trouble with his right leg and arm they move but slow and stiff like. Walks with a limp. Cant do steps well.
Our house has a cellar with steps that are very very narrow and steep. Even for a healthy person.
He is willing to sign a waver stating that we are not responsible for injury from falling down steps.
We thought of making/getting a handicapped waver paper stating we are not responsible if he falls on the steps but adding things like we are not responsible for falling off lawn mower, getting hurt by animals (we have horses) basically covering the entire area they rents, (land and house).
They seem like they would be good people to rent to. (pay rent, pay bills, car in nice condition etc.)
Would this be enough to cover us?
Planning on checking with insurance company also.
Thank you for any input and sorry, tried to keep it short.

Sharon

A: People think whenever you're injured in a house, the homeowner is liable. That's a myth. You're only liable if your negligent. So your waiver is fine but you are mostly protecting yourself from things you wouldn't have been liable for anyway.

Dear Mr. Reno:
I've got a tenant who just recently told me he was moving out and i conducted an inspection on his room/bathroom. I discovered there was water damage coming from behind the wall, but no evidence that the tenant in question caused this water damage. Will this fall back on me to have this fixed or can i go after the tenant to recover damages?

Larry Flynn, Florida

A: Once you take the sheet rock down, you may have your answer about the source of the moisture.

Published 2009-04-30

Dear Mr. Reno:
Hello, I had a deadbeat tenant that pretty much wrecked my rental, ran up utility bill and broke the lease early (owing 2 months worth of rent). I am about to pursue a lawyer to handle the case, however what happens if the tenant has no assets, job, etc. to pay back what is owed? What usually happens? I'm asking because the lawyer fees are not cheap and I want to know if its worth pursuing. Total loss and damage is $4,000.00. You say he has no "assets, job, etc." so I guess there's your answer.

Charles Muwallif, Ohio

A: You say he has no "assets, job, etc." so I guess there's your answer.

Dear Mr. Reno:
Your advice is always appreciated.
I have a rented single family home, using the LPA Lease Agreement. The home has a old wooden fence. The fence is not discussed in the lease agreement. The fence is now in need of replacement, but I can not afford that. I told my tenant that I may consider simply removing the fence at my cost. She said, "I rented the home with a fence, so you need to replace it". What options do I have here? Thanks.

Steve, Chicago, IL.

A: Does she have a dog or kids? I have both, I need my fence. If you wind up in Court, she could get a rent reduction (abatement) if the fence was pertinent. but if it's just for aesthetics, probably not.

[comment from John Nuzzolese: The LPA Lease does have a FENCE clause]
35. FENCES Fences that currently exist are not included in the rental. Tenant agrees to be responsible for maintaining any existing fence, gates.

Dear Mr. Reno:
In NM does the law say that there needs to be both the landlord and tenant signatures on the lease for the lease to be valid and hold up in a court of law? Would a court of law see a letter to a Gov't agency like the Housing Authority, stating an intention to start the rental as a lease agreement? I started the process of renting a property with a home and some acreage, a lease hadn't been signed yet but the first months rent and deposit had been paid, they were looking at the lease after they gave me the money. Then they decided the terms were too strict and didn't want to do the deal,( I have an email that expresses this from them), I agreed to their decision, they had already started to work the land some with out the lease being signed, they got the money from the the Housing Authority to pay me ( I did write a letter to the HA so the folks interested could get the funds they needed and I have now gone to the HA, paid them back, they were very easy to work with and said there was no problem with that), and now these folks won't stop working the land and are threatening me. They say they have the right to move in when the terms of the lease for the tenants occupying it now are finished, April 27, 2009 thinking that the letter I sent to the HA acts like a lease agreement. Is that true and do they have that right when they never signed the lease agreement with me? If they don't , would I call this trespassing and could I ask the sheriff to get them off the property? It's only my signature only on the letter to the HA. I will be really looking forward to your comments. Thank you so much.

Kathy Yurista, New Mexico

A: Well the good news is the lease isn't binding. But the bad news is I don't think the Sheriff can help you. They are your tenants, believe it or not. Your not the only landlord without a written lease. But since there's no lease, they're month to month tenants, so you can serve a Notice to Vacate and evict. Anytime now.

Dear Mr. Reno:
My husband and I just renewed an additional year (expires 12/15/09) with our landlord. If we had to vacate the unit for any reason, would the landlord be able to keep any portion of our security deposit if we send her a written 30 day notice of our intent to vacate pursuant to our original lease agreement?

Cathy, MD

A: Are you saying that you had a one year lease that says you can break it anytime on 30 days notice? If that's what it says, great, but that's not normal.

Dear Mr. Reno:
I had a Lease/option tenant in Michigan that I evicted. After the eviction I am currently suing for damages. The tenant has filed a counter suite for their $10,000 option that the contract clearly stated non refundable.Their attorney is fighting on the fact that I did not provide a sellers disclosure statement.As this was a lease with a separate option contract & I never lived in the property (This was a sandwich lease)am I legally bound to having to provide a sellers disclosure statement? No, you are OK and should win your suit. (If I'm wrong, let me know.)

John, Michigan

A: No, you are OK and should win your suit. (If I'm wrong, let me know.)

Dear Mr. Reno:
if you didn't get eviction papers until after vacating property. Is it still considered an eviction?

Miss Mac

A: That's like asking if a tree falls in the forest and no one hears it, did it make a sound. The question could be answered "yes" or "no" depending on your particular perspective, but the real question is, why are you asking me this?

Published 2009-04-28

Dear Mr. Reno:
I have a tenant who let the toilet run and she has created a water bill for $836.21. What am I able to do about her? Please answer as soon as possible. thank you

Ms. Ollie Adams, Pennsylvania

A: Well if the toilet has run, I guess someone needs to go catch it! (Sorry about that.) How's a letter demanding reimbursement and then small claims court?

Dear Mr. Reno:
Maybe you remember us,Mom was terminally ill and wanted to sign her Lindenhurst house over to me and one of my sisters. You graciously came to the house with the papers for us to sign. Mom passed soon afterwards and the two of us who own the house now live in Fl. We rented out the downstairs of the house and have our other sister living upstairs. She is ready to move out and we were hoping to rent out the upstairs but the village says we cannot because neither owner lives in the house. ( they are killing us in taxes for this reason too) The house is in the incorporated village and I remember Mom having a "temporary" two family permit that had to be renewed every two years. Is there a permit we can apply for to rent out both parts of the house to separate tenants without either owner living there? Thanks,

Margaret R.

A: I'm really sorry to hear about your mother. I don't really remember my visit, but I'm sure if I met you it would come back to me.
In answer to your question, you have to be an owner occupant to rent in the Village of Lindenhurst. If you're an "absentee" landlord, you can rent the whole house to one family, but you can't rent to two separate units. The only way you can get the "two family" permit is if one of the two families is an owner.
Feel free to call me if you have any further questions.

Dear Mr. Reno:
Hello. I have a question about lease agreements that have been broken.
I am currently leasing a building where I have set up a beauty salon. I have a lease agreement with the owners. I am also currently sub leasing out three other rooms to other beauticians who have signed a lease agreement with me. They are required to pay a certain amount for renting the room. That is all they have to pay. I pay the rent on the entire building plus all utilities. The ladies who I have these lease agreements with have not paid a single penny in rent. I have served them with eviction notices and they refuse to leave the building. I am not sure what my next step would be. My business is located in Minnesota. Please help!
Thank You!

Kris C.

A: You're going to have to "evict the room." I've seen it done. It's the same procedure of evicting a house, but it's a little trick about designating the specific area to evict. Probably need a lawyer.

Dear Mr. Reno:
I have a tenant that gave me a verbal notice to vacate. I followed with a formal 30 day service notice to confirm the termination date because she kept changing her mind back and forth about going and I got tired of this game.She has now left a msg. stating she will not go as predicted and I must go before a judge.That she will be suing me for all months rents paid plus the security deposit back ( which came from a local church)the church should be refunded the deposit as not her money, I feel. She has decided the approx.1700 sq. ft unfinished basement, which has lights, heat/air cond.,smoke detector, basic cable line, pvt. entrance,rear walk out door, is unfit now for habitation. She has full house use priviledges to the common living ,dining, formal areas ,kitchen and two bathrooms on first and second floors of this approx 3600 sq ft 4 bedroom 3 1/2 luxury home built by Ryland homes in 2003. There is only one electic outlet with two normal modern plugs and keyless in ceiling, four keyless total and stairwell lights, back door outside lights and modern switches.The basement was built to Virginia code. Her issue is the one plug she keeps overloading with inappropriate extension cords. Will I lose my case because of one basement outlet? She can use all the outlets she wants upstairs. It is a roomate type situation in a private home. I pay all utilities, trash, basic cable. No phone or internet included. I am somewhat afraid of her as she is harassing, lots of long msgs. records conversations, even photographed my kids playing out front this Sunday when I was there. I feel she is mentally unstable and possibly dangerous and will not go there alone as she cornered me outside my master bedroom on Easter Sunday. I refused to open my door to my room because of her raging tone over this plug.I have a 2nd home a state away and am staying away with my children for fear of her.She is always threatening to call the police for nothing ,as I have been very gentle about this and never yell or curse or threaten.I have had other prospects run off because of her comments and behavior and have lost $1200.00 the last 2 months because of her sabotage of me.I am afraid I will lose my home to a lengthy case as my payments are $3000.00 month and at least a $800.00 utilities.Plus HOA dues and a $550 2nd mtg. This lady pays $650..00 including all and has most of the entire home less one woman roomate ($550. upstairs bedroom). These two are driving me into foreclosure. Any advice? Remember I have served the required notarized 30 day non-remedial breach from sherriff's dept. to both women.Now must I evict and support them rent free until the court date?

Does a 5 day non- payment sevice override the 30 day if they do not pay May 1? They should be out before May 15 but are refusing to go without a fight.I have no security deposit for the $550 lady.Please help as I cannot sleep at night and cringe when she calls and leaves the intimidating msgs. I went to my magistrate and told him I am afraid of her,he said until she does something criminal there is nothing I can do. I do not want myself or baby, kids hurt.Please help me. It feels like a hollywood movie with a potential stalker in the house.

Natalie, Prince William County, Gainesville,Virginia

A: Well obviously you can't peacefully coexist with this lunatic, the only question is how to get her out you don't have to wait for the 30 days to be up if the May rent isn't paid- and I don't think she's planning to pay it, so I'd say, start the eviction then on that basis.

Published 2009-04-27

Dear Mr. Reno:
I’m hoping that you might know this answer. My tenant just received a wheel chair and he is asking me to install ramps from the front door and also from the curb. When I rented them the unit (a couple of months ago) he didn’t use a wheel chair so I had no idea that he would be in need of one. Whose responsibility is it to have them installed the tenant or landlord? Hope to hear from you soon. Thanks,

Gail

A: I'm pretty sure that the landlord only has the obligation if it's a multiple dwelling (like an apartment house.) Does your tenant know something I don't know? If so, I'd be be interested to hear it. Ask the tenant if there's a law on the books. I would be very surprised.

Dear Mr. Reno:
I HAVE A MONTH TO MONTH TENANT. I RECENTLY UP-GRADED THE RENTAL AGREEMENT. THE TENANT HAS REFUSED TO SIGN IT ALTHOUGH THE CITYS LANDLORD/TENANT HANDBOOK ALLOWS ME TO DO THIS BUT THEY (CITY) TOLD THAT I COULD NOT MAKE ANY CHANGES TO THE ORIGINAL R.A.. WHAT IS YOUR TAKE ON THIS SITUATION.

RUDY LUCERO, CA

A: This issue of whether the landlord can unilaterally change the terms of a rental arrangement is very tricky and controversial. My friends at the LPA seem to think they can, but I don't think it's always so simple. But here's the solution. You've got a month-to-month. You are therefore free to terminate. There's your solution. (Convey to the tenant that they either sign the new lease or they're getting a notice to vacate.

Published 2009-04-23

Dear Mr. Reno:
My daughter just became an onsite apt manager in Portland OR and a person that was legally evicted left some personal possessions and furniture behind in the same apt she will move into. Does she have to store them or can they be disposed of as she sees fit? In addition, can the tenant be held financially responsible for storage or disposal costs as I assume this happens fairly often? Thanks for your sage advice...

Tony OR

A: When you say "legally evicted" do you mean to its conclusion? If so, you can discard it, but if they left before the eviction ended, then you should save them for 30 days (60 to be really safe.)

Published 2009-04-21

Dear Mr. Reno:
My daughter lives in Florida and is going to college there...she is currently renting from an individual who is leasing a home that will be going in to foreclosure shortly...her lease is up the end of this month and she wonders if she should pay the rent (wondering if the individual she is leasing from will forward the rent money) or if she should hold on to it to use when she moves out the end of this month....she wants to do the right thing but is worried that her money will be pocketed and not used correctly...

Wanda, Illinois

A: You're on very shaky ground there. Up until the time the owner legally loses title, he is still the landlord and can still evict you. I do evictions everyday for landlords who are in foreclosure. You can't control what the landlord does with the rent. But you better pay it.

Dear Mr. Reno:
I submitted a "renewal Lease" for an additional year from LPA to tenants; increased rent $20.00; I made a typo on the first renewal (DECREASE of $100) – they sent me a check for the incorrect amount stated; I placed a letter with CORRECTED lease in their mailbox, left a message on their a/m about the mixup, but they still have not paid the additional $100); the second month, they sent me a check for correct rental amount; I still have not received signed revised renewal lease for an additional year back from them, the $100 difference from month’s rent under incorrect renewal, nor have I received payment for utility bill (water/sewer); I have left countless telephone messages on a/m for the past few weeks for return of revised renewal lease and money owed…..they are nice but I’m getting angry that they do not make any effort to call me back….what is the next step? They are in the apt. on a month-to-month basis now and I do not want that; I want a YEAR lease….the first floor apartment is vacant for over 2 mos. and I cannot afford to lose another tenant. Any advice you can offer on how to handle this matter will be greatly appreciated. Thanks, John.

Sharon D., Newton, NJ

A: Oh Boy! Are you saying instead of "Increase $20" you wrote "Decrease $100"? How'd that happen? But you haven't signed it, right? So it's null and void, no? The Best way to get a new lease signed is to threaten giving a 30 day notice to vacate. That usually focuses their attention.

Dear Mr. Reno:
Can I be evicted from my apt in the state of florida if i owe late fee's to the complex. The rent is current and I am not behind in the rent only in some late fees. Thank you

Desiree Menendez, FL

A: I have never heard of an eviction based solely on late fees, but it is theoretically possible. You can fight late charges if they're exorbitant. Are they over, say, 5% of the rent?

Dear Mr. Reno:
My mother in law has been living with a man for 14 years. She owns the house, they own nothing jointly, have nothing jointly. She has supported him. He became abusive and has threatened her and my wife. My mother in law wants him to leave. Can she ask him to leave without notice? Thank you!

Ryan, Chicago, IL

A: Probably not- he's there way too long. She needs a lawyer to do an eviction.

Published 2009-04-20

Dear Mr. Reno:
Mr. Reno please help! Long time reader, first time writer. This is a sloppy mess that we have nobody to blame but ourselves... We have a duplex in Bradenton FL that went into foreclosure 13 months ago. Out of curiosity we called the lender and found out that there is still no sale date and we are still the tittle holders. When we went to check on the building, we found our tenants still living in one of the units. When we brought up collecting rent again to her "in order to save the building with a modification" the tenant wanted a new one year lease and our lender's phone number to check that we are actually making payments again. Since we are forgiving the last 13 months of rent and starting fresh (still in foreclosure though), do we have the right to continue to collect rent in Florida? Are we liable in any way if we do lose the building within her new lease? Does she have the right to contact our lender to check up on our foreclosure status?
Thanks

GK - Sarasota FL

A: I'm getting a lot of questions like this lately (not surprisingly) from both tenants and landlords. You are still the owner, still the landlord, and can still collect rent and evict. I don't know why you stopped for 13 months? You probably shouldn't sign a lease because you may not be able to honor it for a year and then could be sued. I think you should be demanding the rent and maybe even starting an eviction. If you don't, you're not gonna get any rent from these people.

Dear Mr. Reno:
I own a townhome and currently rent that townhome, which is located in a covenant controlled community of 40 townhomes. Recently, the HOA Board published new Rules and Regulations directed at all owners who rent their units in order to make it more difficult to rent, as the HOA wants “owner occupied” units only. The new regulations require the owners that rent their units to provide damage deposits, financial and criminal background checks and other additional actions that are not required by owners who live in the development. It comes across at discriminative against owners who rent, while owners who live there do not have to abide by the same Rules and Regulations. In addition, the owners never voted to modify our HOA Covenants, which requires a 67% majority vote to amend the Declaration. The HOA Board did it on their own. Is this legal to create new rules that target a select group of owners? What recourse as an owner who rents do I have? How can I protect myself from releasing my tenant’s Privacy Act information to the Association?
Thank you for your time.

Steve Katz, Colorado

A: We are all subject to tyrannical Zoning boards and town ordinance law, but when you buy a condo, coop or townhouse, your freedom as a homeowner is diminished to the point where you're almost like a tenant with a landlord (literally, in the case of a coop.) As far as the 67% rule, I'd have to see the covenants, but don't even bother. As a renter, you're a minority. I'll best most of the other owners support the new regs.

Dear Mr. Reno:
Scenario: Two roomates rented my property. They got into a fight (with firearms and alchohol involved but no actual shooting) One gave me written notice that he was "hereby terminating the lease" and he moved out. The remaining roommate wants to stay and continue the lease and bring in another roommate. (According to their application income figures, the remaining roomate could not possibly afford rent and utilities alone.)

Wanting no violent tragedies in my properties...I just want them both gone and do not agree to allow another roommate in.

So my question is this. May I consider the lease contract null and void for both tenants when one of them breached the contract by written notice of termination? (The written notification was not in conjunction with lease terms--no 30 day notice and 1 year lease terminated after 1 month)

Do I have to go through an eviction process on the other tenant? He says he can't afford to move and I can feel him starting to dig his heels in. Rent is due soon... If I accept rent from him will that give him a legal position that I agreed to let him stay?

I can see I made a mistake on this one and don't want to have to deal with anyone crazy enough to wave guns while drunk. Can I get tough here and tell him he out and his lease is now invalid and he's got to go? Any advice?

BTW, I use the LPA Lease and tweak it slightly to fit the particular rental property. It does have the "Tenancy and Service of Process" clause which says tenants are jointly and severally responsible...etc. Thank you, PS. I read once that Rentals would produce "Passive Income". What a crock

Donna Long, Tulsa Ok

A: I think there's a clause that only the people on the lease can live there, so you could declare a default and terminate the lease on that basis.
But why are you doing this? You wouldn't have rented to these two, but they're already in possession. If they say they can pay, let them pay. If they don't, you could evict for nonpayment, which is alot easier than what I proposed above.

Dear Mr. Reno:
I am in an eviction process with a tenant. The lease expired and the rent was month to month. Connected to this apartment was a rented room and I was compensating the renter for utilities used by the room tenant. The utilities were turned off and I picked them up because of the roomer. When I evicted the tenant the utilities were on. The roomer has moved out and I want to turn off the utilities. At the time of eviction the legal aid attorney for the tenant said I had to leave the utilities on. But a landlord friend told me I could turn them off with a three day notice and the information that she could turn them on herself until she is evicted. The utilities were not included in the lease or the rental agreement. Can I turn them off? Thank you for your answer.

Bonnie Hall, AL

A: I agree with the legal aid attorney. You can't turn off the lights. That's what's called a "constructive" eviction; not legal in most places.

Published 2009-04-16

Dear Mr. Reno:
My name is Andre and I own a single family home in California. I am in forclosure and have hired a Lawyer to negotiate with my lender. My tenant sent me a letter saying she has a legal right to stop paying rent until I am current with my payments. Is this right?

Andre, CA

A: That is 100 percent WRONG. It's a myth. Unfortunately, most tenants do believe this until they hear it from the eviction judge.

Dear Mr. Reno:
I have an extremely unique situation and would appreciate any advice you could give me.
I live in Pennsylvania, Allegheny County specifically. I co-signed an apartment for my nanny in March, 2008 (big mistake, I know!). She was going to hardships and had recently separated from her husband. Things didn't work out between us and I tried to get her to get a new co-signer, but she never returned my calls and then finally changed her number. I was crossing my fingers and hoping she would pay so I wasn't liable for any unpaid amounts. In December, I got a notice from the landlord informing me that they had decided to move out once their lease expires in March, 2009. I was counting days until they moved out. Then in mid-March, I received court summons for unpaid rent for February, March, late fees and court costs. A day before the court date, my ex-nanny paid the dues. I thought this would be the end of the nightmare and they would move out by March 31st (hopefully). In reading the lease I realized that there was a "holdover" clause and that if they failed to move out without the landlord's permission before April 1, their rent would be doubled. Then I get a call from the landlord on April 7 informing me that they were delinquent on April's rent and that he was going to file additional proceedings to evict them. I was obviously confused since I thought they had moved out on March 31. I came to find out that my ex-nanny had gone to the apartment complex on March 30 and had requested the property manager to allow her to stay for an additional month since her new apartment was not ready. The Manager allowed her to stay on a month-to-month basis provided she pay April's rent upfront. The Manager never drew up another lease because "it happened so quickly," neither did he consult with me to see if it was okay to extend their stay beyond the lease terms. The Manager has now filed another complaint with the District Magistrate and I am named as a "Third Party" on this complaint (the previous notice I received, I was the defendant). He is claiming April rent, late fee, April "holdover fee," and court costs. My questions to you are as follows:
1. Since the lease ended on March 31, and he did not inform me or provide me with any consideration in extending their stay, would I be liable for the aforementioned amounts? Had there really been a holdover in that they did not leave their apartment on March 31 and did not get prior consent from the Manager, I understand that under the lease terms, I would be fully liable since I was the co-signer. However, in this case, the Manager did not confer with me regarding the situation and granted them the one month extension and now he goes around and files a claim stating that I am liable. This doesn't seem right. Could you advise?
2. It seems inappropriate for him to charge a "holdover fee" when he was the one that approved them to stay longer than their lease on a month-to-month basis. Can he claim a holdover when he approved it prior?
3. What defense could I have in court, if any?

I would appreciate any guidance you could provide to me. I am due in court on the 21st of this month.
Thanks so much!

SMV, PA

A: You can fight this. The rent doubled clause is probably unenforceable in Court (it's like a super duper late charge.) The first thing that has to happen is she must leave. Then you can probably negotiate a settlement. Offer $200 above the rent. That's more than they'll get in court.

Published 2009-04-15

Dear Mr. Reno:
I'm a new LPA member. I've been reading and learning a lot from LPA web site, but there is one thing I cannot figure out. We've been through filing the eviction in court, and had tenant removed before. But when can we claim how much they owe, and how? Our property is in PA.
Thank you.

D S, PA

A: Sometimes the Court awards monetary damages in the eviction, but alas, it's never enough. After you rerent you need to brainstorm over how much you lost, and is it worth a new separate action (maybe small claims?) to recover other damages.

Dear Mr. Reno:
We have a rental with a "one-year lease" tenant (expires in August). A pretty severe water leak was discovered in the kitchen wall in late January and we had it repaired immediately. It was discovered the hidden pipe had been leaking for months and there was mold in the walls, water under the flooring, and badly damaged cabinets. The repair has been extensive and for several days our tenant had no or limited access to kitchen in February and March. Per terms of Lease we reduced the rent for March to compensate her for no or limited kitchen access in February & March and the general inconvenience of all this. We thought that was fair. Repairs are done. Now tenant is refusing to pay April rent (6 days late) saying she wants another decrease in April for March, that the 1/2 rent in March was only for February. That was never our understanding. She was only without the use of the kitchen a few days in both months, but has been inconvenienced I'm sure. Do we have to continue to pro-rate the rent for "inconvenience", not just loss of use? She did not suffer any monetary loss during all this.
Thank you-

Kathie Horman, California

A: She's looking for a free ride (what else is new?) I'd like to see you settle it, but maybe you can't. Tell her if she prefers, you will take her to court for the FULL RENT and let a judge decide what the credit should be. Incidentally, I don't think she'll get 50% credit (probably only about 25%).

Dear Mr. Reno:
I live in NJ and have just rented to a man while I am trying to sell my house--I don't know what is going to happen there but this man rented a simple little $800 a month apt. here. I told him that he could do what he wants as far AS PAINTING--(he said he recorded the conversation=now he tore the cabinets out, ripped the floor up took out the sink and unhooked the stove-but here is the kicker--because of this he is deducting for food-$600 because he could not eat in such conditions. I have been landladying for so many years and ill now and cannot deal with courts. I said that it is absurd to have taken a sink out and unhook the stove--there is a microwave oven and a toaster oven. Is it possible that someone can charge for meals--he is a disaster--no lease yet and here for 6 weeks. Any response would be appreciated. Thank you,

Marilyn G., NJ

A: Go to Eviction Court. Go directly to eviction Court. Do not pass "GO". Do not collect $200.00. Why are you still sitting there?

Published 2009-04-14

Dear Mr. Reno:
Hi. I am a new LPA member, and I would like your help how to go about evicting problem tenants (a couple). When my partner bought a 2-unit apt in 2 years ago, tenants came with the property. One of them has been refusing to meet with us to sign the lease with us. We tried phone, visit, and notice on the door. We have their full name from the previous landlord but they didn't sign the lease. No ss#. As for SD, they paid $200 to previous LL and $70 to us. A couple of months ago, they've changed the lock. They tossed(!) their sofa to the backyard, and the city fined us $125. They pay rent regularly but one month behind - always. A week ago, I sent them violation notice regarding sofa ($125). What do I do next? Can I just file the eviction process like someone who didn't pay rent? Or would it take more process than that? Thank you.

D S (PA)

A: You can do it as a non-payment but that might just make them current. If you want them out no matter what, you'll have to serve a 30 day notice. (I'm assuming the lease is expired.)

Dear Mr. Reno:
How do I legally handle noise complaints? I do not employ a courtesy officer and feel the complaints are biased. What is the protocol regarding complaints?

Amanda Casey, Kentucky

A: For starters, you need a noise clause in the lease. Then you send violation letter to the tenant based on the noise clause. After that, you're at the moment of truth. Do you terminate the lease based upon the violation of the lease clause- a court battle you may or may not win? It's your decision. That's why you "get the big bucks!"

Dear Mr. Reno:
In the state of New Jersey with wrtten consent of a possible new tenant is now illegal to check their credit?
Thank you for being there for us.

Henry Grossman, New Jersey

A: It is legal with consent, (unless you know something I don't know.)

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