Lindsay, New York, NY

A: *Yes
*Yes
* You have the right to ask him to leave, but then he has the right to just laugh in your face. After he's there a while (30-60 days) he'd have to be evicted in Court.
Sorry, you're over the limit. By the way- he's not from around here. Is this an Internet thing? (Now I'm really nervous.)

Dear Mr. Reno:
I am trying to find out where I can go, a state or federal office or bureau, to discuss problems with the judges in the central New York area. they do not make judgements according to the law, they tell landlords that they do not like them so we usually end up losing our cases. Is there an agency that watches over judges to make them make decisions according to the law and not based solely on the mood that they are in that day. This area is getting very bad. landlords have a lot of time and money wrapped up in rental properties , as you know, as we can not afford to have judges who hate us , make decision s against us that cause us to loose money when we are try to collect rents from tenants who don't want to pay or damages our properties.

Milton James, New York State

A: The agency that oversees judges is the New York State Office of Court Administration. Good luck with that!

Published 2009-03-10

Dear Mr. Reno:
My family and I are tenants at will in the house (side by side 2 family) we are renting. The landlord is the father of my childhood friend who lives next door. We moved in on September 1, 2008 and paid first month's rent, last month's rent, and a security deposit. As of today we are now behind in rent for two months. I was supposed to get the last check my company owes me last week, but I still have not received it. Additionally, my wife has an unemployment claim in MA (were we have lived for our entire lives, and the first time ever for either of us filing for unemployment) that is for the past 5 weeks, but we have yet to receive a single check. The unemployment office is overwhelmed in MA, as in every state in our great country, but our family with so many others are looking for answers. My wife is on the phone for hours each day trying to determine when the checks will be issued. She is also leaving messages and telling everyone she talks to an MA DUA that if there is a problem please call her so she can resolve it, but no return calls and no resolution. I thought all of this would be resolved this past week and we could bring our rent current by paying up for the two months we owe, but unfortunately this has not happened.

My questions for you Mr. Reno is:
As I have paid last month's rent and an additional month's rent for the security deposit, if our landlord attempts to evict us on Monday, 3/9/09, will he be able to? Again we are (2) months behind in rent, but he does have last month's and the security deposit equaling 2 months (plus the interest that is accruing). Can he evict us now?

Your site is fantastic! I am educated by reading and reviewing your site thoroughly. Anyone reading this should do the same.
One more question for you Mr. Reno, please:

Anand and Alissa

A: Here's the deal. You can't use the security for rent. That's Number One. As far as the last month's rent, that will be applied. But then you are going to agree to vacate and say that's the last month? I don't know how your lease is worded, but how do you ask the judge to apply this to rent as the "last month" unless you're agreeing to vacate?
If the eviction process continues, you'll get the security back after you leave, but it depends how much rent you owe. I think the judge will give time, but do you have any proof these checks are coming? If you could bring some documents from the agencies to court, that might help a lot.

Published 2009-03-09

Dear Mr. Reno:
We have a hearing impaired/selective hearing tenant. We have had several instances with him already. He does pay his rent on time. He is very manipulative. He uses his disability to his advantage. We want to renovate his apartment. Is there a way we can ask him to vacate without him giving us problems? We would give him 90 days so that he can find another place. We think thats more then generous. Thank you

NAP from Connecticut

A: If it's month to month of course you can give him a notice, but if there's a lease, you're stuck.

Published 2009-03-06

Dear Mr. Reno:
My 80 year old father lives in Staten Island and is having a hellish experience with deadbeat professional tenants.
He already has an attorney working but is not happy with what is going on. I assume that what is happening is the typical worse case scenario, but Id like to get some feedback from you since you know the SI court system well.

The tenant had a lease, and after 6 months stopped paying rent. After a few months of warning, my father began an eviction process with a lawyer. At court, the tenant signed a stipulation that she would be out after an additional three months, which would be 2/28/08. In the stipulation, the tenant agreed NOT to go back to curt to ask for more time. The stipulation stated that if she was not out by 2/28 the sheriff would execute the eviction notice .

As expected, she went back to court anyway asking for more time. The court date is next Monday and of course his lawyer is not avail. He asked my Dad to go himself and ask for another date. I assume this means more delays. My fear is that given the history of the NYC courts, the judge will give the professional tenant three ore months any way despite this stipulation.

Do you have any advise for him stat is specific to the SI court system? these renters have been doing this scam, in many places in the past, using false names for utilities. ect. IT A BIG NIGHTMARE! My after already paid the lawyer thousands of dollars in fees...
Regards,

Allan S., NY

A: New York City Courts are the worst in the country for landlords. You're just gonna have to let the system play out. But it shouldn't be 3 more months. Maybe one more. Also, get your lawyer to schedule for the following week so you don't pick another date he can't go.

Dear Mr. Reno:
I have a tenant that has the heat included and has gone through more propane, I do not have a thermostat for the heat, and I want to have the propane separated from my cooking propane and have the tenant start paying his own heat. How much notice should I give him. What if he has no credit and does not pay for his heat, I'm I responsible for the heating season and then making sure he has heat?

Janice Miller, New York

A: You're changing the terms of your lease which means you are meddling with the forces of nature. Whatever you and the tenant agree to is fine, but if he doesn't agree, you've got problems. You could evict when the lease expires. Is it worth it?

Dear Mr. Reno:
I just got new tenants in Dec 08 but i'm seriously considering moving to another state and need to sell my property to do so.They signed a 1 yr lease.Am i beholding to them in any way?

Tom, Ma.

A: You're not, but the person who buys your house is. You need to find a buyer who'll take a tenant.

Published 2009-03-05

Dear Mr. Reno:
My question is how long do I have to keep the tennants abandoned property before I can get rid of it? They were to be out Jan 31. Did not here from them after Jan 5. Changed the locks Feb 1, they came Feb 20 then filed a buglary report.The police found no evidence of a burglary, said it is a small claims case. We gave they some stuff, said they would be back by Feb 28 to get rest and pay the past rent. It is Feb28 and have not heard from them about getting their things. They said they would get it by today Feb 28. How long do I need to keep it? Thank you for your time.

Mary G., PA

A: No hard and fast rule, as far as I know, but I'd say 30 days (60 to be real safe).

Also, send a certified letter Re: "Come get your stuff."

Dear Mr. Reno:
Can my landlord shut off my utilities to try & force me out during an eviction? No court papers have been filed or served on me yet. What can I do to get my power back on? The sheriff says they can, I think they're wrong. Please help me.

Phil Diers, CA

A: They can't over here! Call the Board of Health. It sounds illegal to me.

Dear Mr. Reno:
I have renters who have sent me post dated checks Their rent is due to be paid on the 1st of each month due to the fact that I live in another state I added that there would only be a late fee after the 7th of the month.

The renter has taken full advantage of the 7 day grace period by sending cks post dated for the 5til the 7th last month the check that was post dated for the 5th bounced also she is sending 2 separate cks only 1 ck bounced.

My renter is a police officer. I called her to explain that her rent is due on the 1st of the month and not on the 7th. That I am not a lender I only have this 1 prop. and it was my home I lived in for 19 yrs. should I send a written letter? That if she does not pay on 1st or bounces another ck I will be sending her a letter to quit??

Charlotte Moorhead, Georgia

A: How can you? You've given her a 7 day grace period, and SHE IS USING IT. Of course, she has to make good on the bounced check- but if she does, she cured the violation. So there you are.

Dear Mr. Reno:
okay my roommate & I both signed the lease in December and come to find out she has yet to pay February's rent so the property manager is giving her 14 days to pay it along with the late fees or we have to move out. How is this going to affect me & my rental history which so far is squeaky clean?? Am I going to be taken to court to for breaking the lease? I am so stressed out from dealing with this and in Lincoln its so hard to find an affordable place right now. PLEASE HELP!!!!!

Natalie Rader, Nebraska

A: You have to be careful who you partner up with. Signing a lease with someone is like being in a partnership. If the partnership goes bad, no distinction is made as to who was the good partner and who was the bad partner. They're all bankrupt.

Dear Mr. Reno:
HI!!! WE HAVE A TENANT THAT HAVE A LEASE FOR A YEAR, AND THEY SING FOR NO DOGS ALLOW NOW THEY TOLD ME THAT THEY HAVE A DOG AND THAT SHE IS NO GOIN GO GET THE DOG OUT. SHE TOLDE THAT SHE IS GOING TO MOVE BUT NOW SHE IS NOT ANSWERD CALL AND I DONT NOW WHEN IS SHE LEAVING. WHAT I HAVE TO DO??? I HAVE TO GGIVE HER DEPOSIT BACK???

BOOVIVI

A: It's hard to evict for pets. You can try it. Serve a notice of default- give them ten days to cure, (READ YOUR LEASE) then evict, but its tough. (Sometimes the dogs vanish and then reappear after court.) It's like magic.

Published 2009-03-04

Dear Mr. Reno:
If a Tenant (in NYS outside of NYC) in a month-to-month tenancy gives the Landlord notice to vacate in writing and the Landlord receives it via email and accepts it in writing via email and also a signed hard copy, and the tenant holds over beyond the vacate date, does that satisfy the prepetition (T449) termination of tenancy? Or does an additional (b307)Notice to Terminate a Month to Month Tenancy have to be served and an Affidavit of Service for each tenant filed prior to commencing with the Notice of Petition?

2nd Question: Will the Notice to Terminate a Month to Month Tenancy nullify Tenant's existing notice to vacate?
Thank you for sharing your knowledge. I should have gone to law school like my father wanted me to! :)

Suzanne in New York State, outside of NYC.

A: If you have a Notice to Vacate from the tenant, you're clear for take off once they hold over. Also, you should have gone to med school because lawyers' mistakes are always on the record whereas doctors can "bury" their mistakes.

Published 2009-03-02

Dear Mr. Reno:
My husband is a licensed real estate agent. Our tenants started the lease as a lease w/ option to purchase in 2006alot of it. The lease expired the end of December, 2008. They were behind $7,200 at that point (only paying part of the rent, sporadically). We filed with the courts to have them evicted recently, and upon notifying them, they had a family member pay the back rent, thus giving them another 30 days to be able to stay. My husband presented them with a statement requesting them to vacate on or before 30 days from the date of February 20, 2009. As of this date, they have not signed the statement. My question is, if they do not sign can we file again now so we can get them out by March 22, 2009? Another question, if they come up with the rent, are we obligated to let them stay, or can we refuse their rent payment and proceed with the eviction. The tenants are trying to find another home; however we cannot give them a good reference because they were so behind in rent. We really don't want to have them homeless, but cannot have them stay any longer.

Our daughter is getting married and we have other debts and really need sell the property (we have a potential buyer, however; we want it in to look presentable before we show it). Also, potential buyers are few and far between and we don't want to lose them.
Thank you,

Karen T., Maryland

A: If you've given them the proper 30 day notice, you can proceed with the eviction. Don't take the rent! That will cancel your notice.

Published 2009-02-28

Dear Mr. Reno:
Have a home that was being rented to Section 8 tenant. Evicted tenant for non payment of their portion. The place is now uninhabitable. Cannot re-rent until rehabbed. What are my recourse for repair damages? From either tenant or the Housing Authority.

Gwen, from Illinois

A: First- you can't sue Housing Authority (HA!) They're immune. When you're done with repairs, add it up. Hopefully, you'll still be within the small claims court limit. If not, it's a risky endeavor because you'll need a lawyer and may be throwing good money after bad.

Dear Mr. Reno:
I have a court date to evict tenants. I did not get a lawyer. what do I need to do in front of the judge for proof of eviction? Thank you for any help..

Kathy Moore, Illinois

A: Follow your petition. Go point by point. That should cover it.

Published 2009-02-25

Dear Mr. Reno:
My tenant died. The house has not been occupied since the death. What should I do since I have no way to determine relatives etc.

Can I post an abandoned property notice for 7 to 10 days? Can I then clean out the house?

L.Frye, Alabama

A: That's a good start. I'd start looking for storage space. You may need it for a month or two.

Dear Mr. Reno:
A renter did not pay his rent on 2-15-09. He moved into the Veteran Domiciary for a few weeks, the last week of January and part of February. When I called the Domiciary they say he is not in his room. Two days ago they told me he moved out. He no longer has his phone available to me. He gave the keys to his apartment to another renter and told him he could have his desk. 'When I entered the apartment I found that he had stolen my curtain rods and drapes put his fist through a door and broke the laundry room door.. He left the place filthy and left a twin bed some shirts , a backpack and canvas chair and desk chair. How long do I have to keep his things before disposing of them? Last month he said he was going out of state to see his daughter and did not know when he would return. He said he would pay his rent before the 15th., but a renter said she saw him at the mailbox today.

I know he is avoiding me and I think he has moved elsewhere.I put an Abandonment Notice on his door, and a large for Rent sign in the window which he probably saw today. The door to his apartment was wide open as another renter was cleaning it. She said she does not think he wants the things he left behind, but I don't want to do anything that is not legal.

I have not been able to contact him for four weeks. I along with hired help, my partner and daughter and I spent several hours cleaning the apartment. Can we take a fair amount out of his cleaning and security fee for the work we did? I think he has nothing coming back.

I have found in the past that it is a waste of money to go to court, even if the court finds in your behalf, the renter just ignores it.

You do all of us who have been foolish enough to become landlords, a great service and I appreciate you so much. Sincerely,

Theresa, Prescott, Arizona

A: Thanks for the compliment. It's great to be appreciated!
Keep the junk 30 more days.
Keep the security unless he's asking for it: Then, we'll talk.

Dear Mr. Reno:
I owned a home with a former boyfriend in Florida. I recently bought him out - he signed a quit claim, I refinanced the mortgage, everything is in my name except for one utility bill, its still in both names. He refuses to take the money I was to give him (his share of the equity) and has refused to move out. It has been 7 months since he signed the quit claim. How do I get him out? He is not paying anything now to live here. We are also going thru a custody/child support issue. I have an attorney that says I should change the locks. Everybody is telling me I can't do that. How do I get him out? Thanks!

Melissa, FL

A: Some people are just there. They used to be owners, but not anymore. They used to have permission to stay, but not anymore. But they're still there. They call them different things. In New York, they call them "tenants at suffrage" but whatever you call them, they get a notice to vacate. Here, 30 days. Probably the same in your state (60 some places). Then you have to evict them in court.

Published 2009-02-24

Dear Mr. Reno:
We have a court ordered eviction judgment to evict our tenant. The day is coming up soon. If the tenant does not leave the property on the date set by the judgment. What is the next step? Can they be arrested for trespassing? We have heard that a local sheriff has to come and physically remove them. If so, is it costly and do we, (the owners), have to pay for this expense. Thanks.

Lou, MA

A: You cannot arrest the tenant for trespassing. Unfortunately only the Sheriff can remove them and you have to pay the Sheriff. Sorry, it goes with the territory of being a landlord.

Dear Mr. Reno:
I HAVE A TENANT THAT I HAVE WON AN EVICTION CASE AGAINST .HE HAS TILL 2/28 TO VACATE PROPERTY.TRIAL WAS ON 2/12,ON 2/17 HE HAS COMPLAINED THAT THE HEATING SYSTEM IS NOT FUCTIONING,THE PROPERTY IS A TWO FAMILY WITH SEPERATE HEATING SYSTEMS THAT ARE LOCATED IN THE BASEMENT THAT HE SOLELY HAS ACCESS TO,THIS PAST CHRISTMAS HE VANDALIZED THE OTHER TENANTS FURNANCE WHICH I FIXED AND THAT IS WHEN I DECIDED TO EVICT HIM ,HE ALSO WAS BEHIND IN RENT , HE HAS NOW VANDILIZED HIS FURNANCE WITH ONLY 11 DAYS BEFORE HE MUST BE OUT , "THIS IS RETALIATION FOR BEING EVICTED" AS I WRITE THIS HE HAS ONLY 8 DAYS LEFT TO BE OUT ,HE IS A HOSTILE TENANT AND I DO NOT WANT TO FIX HIS FURNANCE UNTIL AFTER HE LEAVES ,DO I HAVE TO FIX HIS FURNANCE EVEN WHEN HE VANDALIZED IT.HE DOES HAVE AN OPERATING FIREPLACE. I AM LIVING A NIGHTMARE AND I AM AT MY WITS END.

ROGER BROWN, NEW YORK

A: You are running the risk of a Health Department summons. Send a man there to inspect and give estimate. Then take it from there.

Dear Mr. Reno:
We are in a home owned by my sister-in-law and her brother and dad the originally they agreed to purchase this home for my husband and I while a pending law suit was settled then my husband and I were going to buy the home from them. The law suit settled for less than what we expected when we applied for a home loan twice we were denied due in part to the bank situation today and our declining income as a result of the law suit. We discussed renting, then due to other family disagreements over their mother’s trust my sister-in-law abruptly decided she wanted us to leave. My husband stated he would leave the home once we had full disclosure on his mother’s trust. Today we received a notice to pay rent from December thru Feb. or vacate in three days. We have no lease agreement in place. What rights do we have?

Susana McHugh, FL

A: Contracts to buy real estate usually have to be in writing. It will be hard to establish such an agreement verbally. You should talk to a real estate attorney down there, but I don't see much hope. (By the way, you didn't get a mortgage- so what would you be asking for? You can't blame that part on them.)

Dear Mr. Reno:
I’M HAVING A PROBLEM WITH TENANTS BEING EVICTED AND LOSING MONEY. OR THEY SELL THEIR MOBILE .HOME TAKE THE MONEY AND RUN. I WAS WANDERING IF THERE IS A WAY TO EITHER PUT A LEIN ON THE TITLE OR MOBILE HOME, SOME OF THE HOMES DON’T HAVE TITLES DUE TO AGE AND PASSING THEM ON. DO I NEED AN EVICTION JUDGEMENT BE FORE I WOULD DO THIS OR CAN I PUT A LEIN ON THE MOBILE HOME AND OR PERSON WITH GOING TO COURT . ITS KINDA LATE TO LATE AFTER THE JUDGMENT. I’M KINDA NEW AT THIS, BUT I HAVE BEEN GETTING THE RUN AROUND…I HOPE THIS IS CLEAR . I REALLY NEED AN ANSWER ONE WAY OR THE OTHER….. IF I’ M WAY OFF BASE WITH THIS WHAT CAN I DO???

Melissa K, PA

A: You don't necessarily have to go to eviction court- but you have to go to some court- you need a judgment. (Maybe small claims court?) Also, I think a mobile home, under the law, is more like a car than a home. So you don't lien it, you seize it through the Sheriff. It's complicated.

Published 2009-02-23

Dear Mr. Reno:
My questions relates to a possible short sale that I may need to pursue with my rental property. My lease with my tennent has come due for renewal and I'm wondering if I will run into a problem with doing another yearly lease should I decide to go though and sell the property?

Dave, FL

A: I think the word your looking for is "CAN'T". You have two choices: Either don't renew and rent month to month, or else sign a lease that gives you the option to cancel on 30 or 60 days notice if you sell the property, and neither option will be appreciated by your tenant but you "can't" have it both ways.

Dear Mr. Reno:
EVICTION MONEY RECOVERY (TEXAS)
When we win a judgment against the tenant through the court and record it, we can economically go no further. We leave approximately $700.00 against a tenant who will not pay or hides under wives or girl friends names. We write it off. We own a 50 unit park and rent all trailers and we do this about 6 times per year. I would like to donate this judgment to the state, and take it as a tax donation from my taxes. Let the state collect it from the tenant as a condition of drivers license renewal, the proceeds could be used for "benevolent" state projects. With this type of penalty before a tenant, we should eliminate or drastically reduce their using unpaid rent for the down payment on their next residence. Security deposit usually does not cover the amount of damage, but to get that we must go through small claims court which is different than our county courts of law. In Texas there have to be at least 2,000,000 rental units. If I assume 10% are evicted and the average is $750 per eviction, that would give the state about $15,000,000 annually.

Brian Fabre

A: I'm glad I helped you to get that off your chest! Whew!

Dear Mr. Reno:
I just went to small claims court here in Sherrill, NY on the 10th. The tenant gave me a 30-day notice to vacate on the 6th of Sept. and vacated on the 14th. He told me that I could not show the apartment until the 14th when he was completely out of the apartment. The tenant is Chinese and when he rented my apartment he spoke good English. When we went to court he kept saying that he doesn't understand anything being said. The judge told him that when you people come to live in the united states, you have to learn to speak English and learn the laws like every one else. he then turned to me and said that I took advantage of this tenant because he does not speak English very well. I lost the case and have to pay his security deposit back. The law states that a 30-day notice has to be given before the 1st day of the month. He gave it to me by certified mail on the 6 th which means that he should owe me for Octobers rent, right? I did not re-rent this apartment until November 1, and I had it in 2 of the local papers from the day I got his notice. I was told once that judges do not have to go by the law in small claims court. They go by their own judgment.

My question is, if I appeal this, I have to go to the county court. Does a judge in a county court have to go by the law or can they also do what they want and I can lose again? it will cost be about $150. or more to appeal. The judgment against me is for $500. If I know for sure the judge will be going by the law, I will appeal but if not there may be no chance of winning this in the appeals court either, because most judges in this area are stictly on the tenants side. I am writing this on 2/19/09. I hope you can answer this for me personally as soon as possible. I have to file the appeal by March 2, 2009 if I want to pursue this matter. How does a landlord get justice, when the laws are on his side but the judges take the tenants side most of the time. we have one judge here that told me that her does not allow damages at all against tenants. I had foot prints on the ceiling and the judge told me that was normal wear and tear. thanks ,

Milt James - member

A: Milt, you need a hobby! It's a good appeal- you should win, but it seems like an awful lot of trouble to go through. It's true, the County Court should follow the law- but that's no guarantee either. I had a landlord tenant judge refuse to award me a judgment even though there was no notice at all- and they weren't even Chinese.

Published 2009-02-20

Dear Mr. Reno:
My question is about eviction for non payment of rent. I am on social Security and rented my home out to be able to buy another home. The rent I get pays the Mortgage on that home. My tenants have been slow ever since moving in and finally I gave them a 10 day notice of eviction proceedingsafter 10 days late as stated in leese. It looks as though they are going to take their time and drag it out as long as they can. What can I do to hurry up this eviction process and protect my home from theft of property and damage. I can't go without the rent income to pay the mortgage. Please advise.

Rick Cauley, Alabama

A: Welcome to the club. Everyone wants the eviction to happen fast so they don't lose money, but it can't be done. All you can do is follow the procedure step by step- and don't waste time between steps. So "Hurry Up Yourself!"

Dear Mr. Reno:
I have a question regarding a situation that has recently arisen with a "past" tenant. In June 2008 I met with a possible tenant to show the property I had available. They liked the property and wanted to move in but were not going to be able to move until 8/1/08. They wanted us to hold the property for them. They paid us $1200 for their last months rent, $1200 for their first months rent and a $600 security deposit which was refundable so long as they moved in as agreed. If they did not move in it was non-refundable. I held the property for them from 6/25/08 until 7/30/08. When I called the tenant on July 30th to schedule the walk through, I was told that they didn't want to move in and they wanted there money back. We ended up refunding them $1800.00 in the form of a check that states "paid in full" because we felt like it was the right thing to do.

Last week I received a notice of small claims in the mail that they are suing us for $600.00. This six hundred dollars could be the non-refundable security deposit or it could be the remainder from the 1st & last.

My question is this:
1. Given the above situation did we legally have to return ANY of the money that was given to us to pay for 1st and last months rent since there wasn't any written notice given?
Thank you for your time-

Tara Foster, Property Manager

A: Sometimes I think predicting what will happen in small claims court is like walking into a gambling casino, but I agree with your calculations. I think they're liable at least for one month's rent because they gave you no notice. If you deduct $1200.00 from the $3000.00 they gave you, that leaves $1800.00 which is what you paid. (Don't forget to bring in the cancelled check stating "paid in full" which may also be a valid defense to this action.)

Dear Mr. Reno:
I have a private 3 family home in S.I. New York, I have a tenant ( husband, wife and 2 children) who have a large family and many friends.

Out of all their family members and friends, they have told us that they have the largest apartment. So every weekend , they have loud gatherings and parties. ( now in the process of eviction) Therefore, What questions can I ask prospective tenants to screen against this kind of situation in the future? thank you for advice. we really appreciate it.

Paul and Janet, NY

A: It's very hard to "screen" against obnoxious behavior, which I guess is what you'd call this. Since you live in the home, you can tell the prospective tenants that you don't want parties (let's say, more than once every two months) but if they do so, there isn't much you can do about it. Here's a thought: Don't give a lease longer than 6 mos. that way, you can always terminate if you're unhappy.

Dear Mr. Reno:
I rented a mobil home to a family that stipulated in the lease that there would be 3 children ,mother, and father. Now I found out that there are 15 people living in the mobile home. What kind of violation letter can I give them so that I can remove them from the property. They just moved in 2 weeks ago and already had people come over to where police had to be called and I don't want this kind of thing happening on my property. How can I word it so that it can be legal.
Thanks

Jean, TN

A: You can use the LPA Lease which limits occupancy, & then send a notice of default terminating the lease. The problem is (1) its hard to prove who lives there and (2) some states make it illegal to prevent tenants from moving in family members. (I don't know about TN.)

Dear Mr. Reno:
My question for you is, do you know of any language that I can put in my lease that if a tenant breaks a sprinkler head accidentally or intentionally that I can charge them with the fees incured? Thank you

Jason Gray, Skowhegan, Maine

A: "The landlord will periodically inspect the sprinkler system. Any broken sprinkler heads will be replaced by landlord at tenant's expense which shall be considered "added rent" due on the 1st day of the following month." How's that?

Dear Mr. Reno:
I am getting married in July 2009, I have allow my mother to live with me for the past 7 years but I am unable to allow her to remain in the home due to the rude remarks she makes to my fiancée regularly, I have asked her to leave but she has refused adamantly, and will not leave. I need to know how to evict her legally what forms do I need in this type of eviction?

Derrick James Charles, Chicago, IL

A: First, you have to give her a written notice. That's your first mission. You should go to a legal stationary or theLPA.com and get a Notice to Vacate. Then get back to me.

Published 2009-02-19

Dear Mr. Reno:
I am managing a property for a friend/client. I am evicting the tenant for non-payment. Who should be listed as the Plaintiff? The property owner or me as the manager or both?

Leslie Maki, Washington

A: Go by the lease, whoever is listed as the landlord on the lease. If there's no lease, whoever originally rented it to them.

Dear Mr. Reno:
The newsletter article recommends we do not accept partial rent payments as it makes eviction more difficult. My tenant does an EFT deposit directly into my checking account, and so far I've been receiving the funds 4-6 days before the due date. The lease is coming up for renewal soon (I'm hoping he'll renew!). Do you think I should change this method of payment for the new lease term, whether it's him or someone new? Thanks.

Michelle Lucci, Pennsylvania

A: If it ain't broken don't fix it.

Dear Mr. Reno:
I live in Wisconsin, I have a tenant (Hustisford WI) who had their heat turned off by WeEnergies of WI for non payment, so he is using electric baseboard heaters and now running up the electric bill with Hustisford Utilities. If this tenant moves without paying for the electric I am responsible for it. If I don’t pay it, it will be added to my taxes at the end of the year. How is this legal when the bill is in the tenant’s name. Shouldn’t this bill follow the tenant like all the others. How can the law tell me I have to pay for someone else’s debt?
Thanks for your time.

Dawn Busalacchi, West Bend, WI

A: This varies from place to place. In my area (Long Island, NY) your theory is correct. Electric bills follow the account holder- not the property owner. Which way prevails depends on the State legislator. So your problem is with them- and you "can't fight City Hall."

Published 2009-02-18

Dear Mr. Reno:
I'm in NY city. I won the holdover case and the tenant agreed in court that they would move out by 1/31. As of today, they show no sign of moving. My lawyer has not got the date when the marshal will come to the house to execute the eviction, although the marshal served the tenant the eviction notice on 2/6. Several days ago, the tenant told me that water is leaking from the bath tub spout. I renovated the whole bathroom 3 months ago for them (I spare you the details here.) My questions are: Must I fix the leak? If the tenants remain in the house and marshal is not coming, do I need to do all repairs they requested? Or should I wait until the tenants are gone and fix the leak? The tenant told me they called 311 already. Within what timeframe will the marshal come to execute the order? It seems takes the marshal forever to come. Thank you so much.

Nina

A: Generally speaking, you already have your warrant of eviction, and this won't affect it. But, whether you should act, depends on the severity. If it's bad, you could get a fine. Maybe you should check it out. You're going to have to fix it eventually.

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