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 2009-02-18

Dear Mr. Reno:
We sent her a certified letter to not renew lease in 3/1/09.no pay 2/1/09.Do we have to give her another notice for no pay?

Jim Johnston, OK

A: That happens a lot. You can evict now for no pay, but you should send a no pay notice before you start the eviction.

See Notice to Pay Rent or Quit

Dear Mr. Reno:
First, thank you for sharing your expertise with us, and for the wonderful LPA website and documents that have helped me immensely.

My question today relates to my daughter, a tenant of a large apartment complex. When she renewed her lease she explained to the former property manager that she may be hired out of state and may have to break it, and he agreed that she could, by paying one extra month's rent. (She believes it's in writing but has misplaced her lease). When she gave her (3-wk.) notice, the new property manager said this is not their policy and that she would be responsible for the remainder of the lease (over 6 mo.). If she does not find her lease to prove it, how can she fight this? She just got her dream job in Key Largo, FL as a dolphin trainer and must be there in 3 weeks.
Thank you,

Starlett, Cleveland, Ohio

A: She should reschedule a meeting and negotiate a vacateur date. Maybe April 1, 2009. Otherwise, she may get sued and she has nothing in writing, so she's in trouble.

Dear Mr. Reno:
I had a tenant who gave me a 30-day notice to vacate on September 6, 2008, by a certifed letter dated 9/6/08. he did not return the keys because I did not return his security deposit because his 30-day notice gave him until Octobet 31, to vacate. because it was not given to me until 9/6/08. He left the apartment on 9/15/08 and now wants his security deposit back and says he does not owe for October. Do you know the tenant law code number, and how it reads, for giving a 30-day notice?

If a tenant vacates an apartment but does not return the keys, isn't he still in possession the apartment, and does he then still owe rent for the months this apartment is vacant, until rerented? Do you have a tenant law code number for this type action, and how it reads? I started running ads right away when I got his notice but did not re-rent this unit until Nov. 1, 2008.

I have to go to court on this on 2/10/09. thanks for any help you can give me on this matter. I joined the LPA just a few months ago and found it to be a tremendous asset to my business.

Milton James, New York State

A: New York State Real Property Law Section 232-b provides for the one months notice.

Dear Mr. Reno:
I have a tenant that has decided to break their lease early and in the process as decided to short us their February rent minus the depost and pet fee. They plan to leave on March 1st. We have issued them a 3 day pay or quit notice for the short rent, but we do not know what do do if they do not pay. Please help.
Regards,

Sherry McLean

A: Since we're close to 3/1, if they leave as planned, you're probably just about even. But be prepared to leap into action on 3/1/09 if they're not out with a non-payment Court proceeding for Feb. & March.

Dear Mr. Reno:
My husband and I rented our former home in NJ to a couple with 2 children a year ago (Feb.12) with a lease-to-purchase agreement. (These were people known to us, and the husband had done much hired work for us in the past.) Within a few months they could no longer come up with the rental amount plus the additional $ that was to be credited toward the purchase. At that time we agreed to forget about the purchase, and just take the $850/month rental. This was noted on a written document we gave them, and had them sign a copy for us. Again in a few more months we agreed to accept $425 every 2 weeks when he got paid, and this they also fell behind on. In addition, we kept our electricity acct. and had them pay it, as they had been in a hurry to move in in Feb., and we did not clear all of the hurdles for them to rent (inspection) and thus get their own elec. acct. from the city, which owns the electric utility there. They have had the power turned off at least twice that we know of, and are always behind. Undoubtedly they ultimately plan to stick us with electric charges when they finally leave. In late Nov. we posted a retainer with a local real-estate attorney who is working on having them evicted. Here it is a year since this nightmare began, and they are still living there, owing us well over $4K at this point. At the same time, my husband has been living in NJ to work on a more successful business rental property we own there. He could be living in this house that the freeloaders now occupy, which would make his world a lot easier. We never thought it would take this long to get them out. I hate to call the lawyer to ask about progress, as every call costs $, and so far I have paid out over $1K in lawyer's fees which may or may not be recoverable. Meanwhile, it looks like this renter may have lost his job, unless he is taking the bus to work. His truck is always there, according to friends.

My questions:
-Anything that can be done to move this along? Apparently in NJ a lease-to-purchase involves Superior Court, and things are coming back and forth thru Trenton.
-Will we be able to lock them out and reclaim possession at some point, as stated in the lease?
The lawyer seems to be saying the Sheriff will "give them time to get their things out" after about 3 more weeks of paperwork completion.
-Since these deadbeats have an attitude, and have been terrible to deal with thru all of the chances we gave them, what if they are systematically stripping or trashing the house, since they know they have to leave anyway?
-Will we be able to collect anything from them if he has no job or if they have fallen on hard times as they always claimed?
-Will they be expecting their security deposit back? (They seem to know all of the ins and outs of taking advantage of the system.)
Thank you for your time and attention,

Joan in PA

A: 1. Any option to buy situation runs this risk. You get removed from L/T Court and into the slow court. All you can do is appear in Court whenever it's on the calander and don't agree to any adjournments.
2. No. That clause is unenforceable.
3. Although landlords always worry about tenants vandalizing the house on their way out, actually happens very rarely. The tenants focus is on relocation and moving expenses. Revenge is not high on their list of priorities at this moment. (That's it 3 questions to a customer).

Dear Mr. Reno:
We are having serious issues with our landlord currently. We stay in White Plains, NY in a one bedroom apartment (condominium building). The apartment has 2 heating units - one in living room and one in bedroom. The unit in the bedroom does not work. After requesting our landlord for 3 months, we finally filed a complaint with the Building Department on Jan 6th and they issued a violation. After recieving the violation, our landlord became agressive and served us with a 3 day notice citing non-payment of rent (the notice includes $250 for late fee starting from Aug 08 to Jan 09 plus $650 towards deposit). We had verbally agreed that the rent will reach them within the the first week of each month at the latest (we have always paid latest by 3rd or the 4th day of the month) and the remaining deposit was waived off by the landlord because she took 5 months to replace a dirty carpet and offered to waive the reamining deposit as a goodwill gesture. However, now after serving the 3 days notice, they sent a petition today to appear in the court on Feb 20 09. We have not paid the rent for this month and intend to leave the apartment by the first week on March. The rent is $1,950 and they have $3,250 in deposit money.
My question is - can they start the eviction proceedings on the basis of late rent and remaining security. Is this an act of retaliation? Do we have any option?
Thanks, AS

Abhi, White Plains, NY

A: Yes he can and of course it's retaliation but you gave him the opening by being late. Like Bill Clinton, you have delivered yourself to your enemy.

Dear Mr. Reno:
I'm married and my wife and I are contemplating a separation. We have 6 months left on our lease and she says she does not care if I get stuck paying the rent on the remainder of the lease by myself. I live in Pennsylvania. Can she legally do that?
She says that she will just up and leave without talking to the rental office. What can I do?
ThankYou

David M., Harrisburg PA.

A: I would say either find a roommate or start packing. You may get some compensation from her through divorce court, but you'll be evicted long before that unless you pay the rent.

Dear Mr. Reno:
Hello, I live in las vegas NV and I have a purchase agreement on a home that I saved from foreclosure (the landlord was defaulting when I moved in and I cured it and agreed to a transfer tax next month bla bla bla)
So, I actually work in long beach now and only travel back to las vegas every 6 weeks for about two days so I got a roomate to help with cost and keep it looked after. Well she owes me for rent and utillities, the bills that I have covered for her are almost $1,000.00
I want to evict her for non payment of rent but the transfer tax is not complete and she said she won't leave because it is not my house, but, I have the purchase agreement signed.
She has a month to month with ME, what can I do? can I give a 3 day?
Thank you

Grace, Las Vegas, NV

A: Yes you can and if she thinks you have to be the owner to evict her, she will learn the hard way SHE IS WRONG!

Published 2009-02-17

Dear Mr. Reno:
I am a private landlord living in a house I bought 2 years ago; the house came with a couple of in law units. I've used LPA leases & notices since I started, and everything's been going well.

I just evicted a defaulting renter successfully with a 3-day notice; no problem, she's gone. My question is, how do I calculate the damages? She gave me her new address in expectation of a deposit refund ($1900 plus $100 pet deposit), and I have to send her either the refund or an invoice letter soon.

Does she owe $975 per month from January to July, plus $114 utilities (shared) per month, or does she just owe for the week it took me to serve the 3 day notice? (I moved fast with the 3-day notice because she sent me an email saying she was moving out & didn't want to pay the rent!)

My second question is, what is the best thing to say to fend off a housing authority wanting me to take a section 8 person? Is "Sorry, I don't accept section 8 vouchers?" okay, or would I be in trouble for discriminating?
Thanks,
Renee

Renee, Marin County, Northern California...

A: California has very strict rules on security. I'm not sure you're allowed to deduct the back rent. You'd better check with a Cal. attorney because you could get hit with triple (3X) damages.

As to the second question, you're under no legal obligation to accept Section 8 vouchers. Just say you object to the Section 8 lease. Can they rent without their lease? (They wont call back.)

PS: You can read about the California Security Depostit Statutes at California Security Deposit Law

Published 2009-02-15

Dear Mr. Reno:
My tenants moved out without cleaning. My question is: When tenants don’t receive a full refund of their security deposit, are they allowed by GA law to cure the problems and reduce the charges against them?

Jay, GA

A: Not really. They have to clean up before they vacate. Usually they don't get a chance to "return to the scene of the crime" to cure repairs after they vacate.

Dear Mr. Reno:
I have a significant addition to the information below - the new property manager stated today that this was allowed in my daughter's original lease, but was discontinued in her renewal lease; however, my daughter was not notified in any way and did not receive a copy of the renewal lease. Therefore, aren't they bound to the original lease?
Thanks

>>>2/10/2009 >>> Hi Mr. Reno,
I am Starlett, a landlord in Cleveland, Ohio. First, thank you for sharing your expertise with us, and for the wonderful LPA website and documents that have helped me immensely.

My question today relates to my daughter, a tenant of a large apartment complex. When she renewed her lease she explained to the former property manager that she may be hired out of state and may have to break it, and he agreed that she could, by paying one extra month's rent. (She believes it's in writing but has misplaced her lease). When she gave her (3-wk.) notice, the new property manager said this is not their policy and that she would be responsible for the remainder of the lease (over 6 mo.). If she does not find her lease to prove it, how can she fight this? She just got her dream job in Key Largo, FL as a dolphin trainer and must be there in 3 weeks.
Thank you,

Starlett, Cleveland, Ohio

A: They are bound by the original lease if she didn't sign the renewal lease, but the question is, did she sign the renewal lease? If she did, she's got problems.

Published 2009-02-14

Dear Mr. Reno:
Thank you for your response to my question, you said that it was now time for court, I am currently in Florida and being that I am new to this situation, I am not sure how to go about taking them to court. My property is in Worcester County Massachusetts, do I contact the Housing court in Worcester once I have sent an eviction notice or do I wait to see if they vacate the property within the 30 days?

Also when they rented the house , they rented with it partialy furnished, also window treatments and wall decorations, they of course changed some things and when they move out can I request as an adenum to the eviction notice, that they return the property to the pre leased condition ie: replace all window treatments, furniture, wall decoration and etc to the same place and condition when they rented it? Also we left tools, ride-on lawmower, snow blower, lawn furniture and etc, will they be responsible for the condition of those as well? Finally, can I get a lean on their earnings to recoup any lost rent and damages to the property? I know before you even tell me I know I was much too trusting when I rented to these people. I do have $1,200.00 in security deposit. Can I keep this toward the unpaid rent, or would I be better off keeping it for any damages and trying to get all of the back rent, through the courts? Thank you for your assistance.

Judith Saarinen South Barre, Massachusetts

A: First things first. If you're in Florida, your going to have to hire a Massachusetts eviction lawyer. It's one thing to try to do the eviction without an attorney, which can be done- but you have to be in the state. You can't evict them long distance without an attorney.

Dear Mr. Reno:
I have had rentals for 10 years and never had this happen. I have a tenant that moved out, and their lease hasn't expired yet. They still have until August 09, I have been trying to find out what my course of action is at this point. Plus I receive section 8 housing funds for this tenant. What should I do?

Dell, Spokane, Washington

A: First: Notify Section 8
Second: Rerent property
Third: You can sue in civil court for your rent lost.

Published 2009-02-13

Dear Mr. Reno:
Last year we had a verbal agreement (I know, 1st mistake) with a friend to rent a room in our house while we were away for the year. Rent was $500.00 per month + utilitys, garbage, and as we had our home on the market, he understood that it was a 1 room, keep it clean, let prospective buyers in deal. He agreed.
After 3 months, he was one month late on rent, and on advice of our realator, my wife flew home. We discovered the house unlocked, windows open, lights on, house a mess, and him across the country in New York., his car in the garage, and a lot of his pretty expensive personal posessions in our home.

We attempted to contact him to no avail. After a consult with a para-legal, we mailed him a letter that in 45 days his posessions would be considered abandoned, and we would deal with them as such, to recover our losses (utilitys not paid, professional cleaning, packaging and storeage of his stuff).
Again, no answer. Until now, about 1 year later. We never did sell the posessions, and he 'just wan'ts his stuff back, and will probably only agree to pay $500.00 if that. What are our rights?
Don

Don, Vancouver, WA

A: You can sue him for back rent, clean up and any other damages you can think of, but you can't hold his stuff hostage for the rent- that's a big "no-no." (You probably didn't have to hold his stuff this long, but since you still have it, you'll need to fork it over.)

Dear Mr. Reno:
My landlord has not paid is HOA fees or mortgage for a couple of months now. He has just disappeared completely. The HOA came to the house and we have been completely cooperative with them. One of the guys called me and said I should look for a place because they are evicting us very soon. How long do they have to give us? He said they may just give us a 24 hour notice but that seems insane especially since we are not the ones who defaulted on all of these bills. We have a lease and it is up in July. Do we have any rights?

Christina

A: You will eventually get served with a notice. I don't know what state you're in, but in New York, the new owner after the foreclosure sale has to give 10 days notice. Then they have to take you to eviction court, so you'll have time. Probably until April 1, 2009 at least.

Dear Mr. Reno:
Hi, I just signed a 1 year lease to purchase contract with my tenant. It states that no animals be allowed inside the premises. I didn't personally see a dog but, she had the bedroom door closed and I seen dog toys in kitchen, and also dog paws outside around the house. I feel like they should be evicted based on them breaking a contract but, I'm also unemployed at the time and this money helps pay the mortgage. Can you give me any advice? Thanks,

Tammy

A: Well you've nailed it Sherlock, and I'm sure you could serve Notice of Default and terminate the lease. You'll need aerial photos of the dog prints and subpoena to confiscate the toys. But seriously, these cases are problematic because the tenants say the dog is gone and after the court case the dog magically rematerializes (is that a word?).

Published 2009-02-11

Dear Mr. Reno:
Last July, I made a deal with a tenant, offered them brand new carpet providing they renew another year lease,plus keep the rent the same, no increase. They happily agreed, verbal at this point. My husband took the "Extension of Lease" to have them sign when he measured the rooms, he left it in his vehical, forgot to have them sign it.

They got their new carpet, I mailed the "Extention of Lease" I added the statement on this form, "Your continued occupancy of the premises after October 31, 2008 shall constitute full agreement with all the above in addition to and as part of your lease." There lease expired August 31,08. We made the verbal agreement in July. We ordered, and installed the carpet the end of September 08. This was also when they were supposed to sign the Lease extention. I mailed it in October. I never got it back, I waited until Nov. 1st when tenant brought their rent to me. He claimed he never got the form, then had the nerve to say he never agreed to that. I can't make them sign anything once they got their carpet. Tenant at that point even said they were moving, not now but in the near future.

About the middle of Jan. 09, he called, said they were moving the end of Feb. I told him to give me a 30 day written notice. They not only didn't do that but didn't pay their rent for Feb. they think they paid a last months rent. At lease signing, I had them pay, prorated August rent, first months rent, security dep. equal to rent, water dep. $250.00 and non-refundable pet fee $300.00 plus last WEEKS rent of the lease. I have all these charges itemized and written on the back of their application, this has always been my proceedure. Each charge was explained up front plus noted on the lease, except the water deposit. Our lease has never had a water dep. clause because we never use to charge that, until the last couple of years as we got tired of being screwed on unpaid water bills.

My husband called tenant on Feb 1, to find out about their rent, he said, "we paid a last months rent" My husband explained that they did not and said we would apply the "last weeks rent to Feb. since they are moving this month and that they still owed the balance of the rent. Even after I dropped off my copy of the itemized charges along with the LPA demand for payment notice on Feb. 2. Tenants are ignoring us. Case for eviction. A couple of questions. I am concerned that because the water deposit is not noted on the lease, can the magistrate determine application of that money and be grounds for my eviction case to be dismissed? I will note on the 3 day notice non payment of rent and Water bill. Water bill is unpaid.

And also, the lease extention I mailed, though not signed and returned, is it a valid lease renewal. Thank you again,

Monica - Ohio

A: You can sue for a water bill, but you can't evict for it, unless the lease says you can, and it's signed, which answers both questions.

Published 2009-02-09

Dear Mr. Reno:
My dad died almost 8 years ago and left a house and some property to me and my sister a few years ago when she got married I gave her half of the property, anyways my mom has life estate interest in the home and property I still own, recently she moved a guy in that has done nothing but cause problems with neighbors and family that lives close by and doing work that is damaging the home more than helping it , I was wondering if there was anything I can legally do to get him out of the home. I am pretty sure there is nothing I can do to her because she has life estate but surely there is something I can do to get him out. Please help.

Shannon, Kentucky

A: I wish I could help, but I can't. If she has a life estate, she's got the right to be in possession until she dies, and I believe her right to possession includes the right to any guests she wants. She could evict him, but you can't, not as long as she's alive.

Dear Mr. Reno:
Is it a law in Alabama if someone stays with you for 30 days must go to court to evict them?
Thank you.

Lady

A: That seems to be the turning point, 30 days. I think as long as the person never paid rent, they're not a tenant, they're a guest and you should be able to ask them to leave, but what if they won't? Then you call the police. Will the police help you? You're not gonna like the answer: The answer is, it depends on which cop answers the phone! Some will, some won't. And if the police won't act, then you have no where else to go but court.

Dear Mr. Reno:
What is the best way to remove someone's name from a rental agreement? We have a husband & wife currently on the rent agreement and the wife is moving out. The husband has another person to move in & help with rent. Do we make changes on the current rental agreement or make a complete new agreement?
Thanks,

Lisa – Washington State

A: Life's too short. You don't need to change the lease, and probably shouldn't. As it stands, Wifey is still liable under the lease. Why don't you just wait until the lease expires, and, if they're still there, do a new lease under the new names?

Dear Mr. Reno:
I have a deadbeat tenant who signed a lease 4/08 for 12 months. Rent was $1850/mo. He stopped paying rent in December. I served him a 3 day pay or quit. We then went to court and the judge and all parties made a verbal agreement where I would be nice enough to let him live out his lease but he is required to pay $1850 on 2/1/09 and another $975 on 3/1 and we were letting him out of the lease early.
Went to collect the rent and he avoided and said he sent it through the mail. He does not even have my current address so I know he is lying. My question is now are all bets off as he violated the terms at the court hearing. How do I proceed to get these people out?
Can I fully enforce all the back rent he owes now and void the agreement terms at court?

Dorothy, Westtown, NY

A: This is a big mess. The problem is the "verbal agreement" was supposed to be a written stipulation that would say if the agreed upon payments were not made. You could get your eviction. It sounds like you don't have that and I don't know why. You may have to go back to Court. Sorry.

Published 2009-02-06

Dear Mr. Reno:
I have a “New Tenant” who is finding everything wrong with the property. The HVAC vents need cleaning out. There is carpet stained along the walls. She thinks there is a leak around the upstairs commode and wants to replace the plywood and put down a new floor. We shampooed the carpet twice since our last Tenant. She says there are signs from the dog who was in the house for 2 months and shed. She wants to have Stanly Steamer steam clean the carpet again.

I am replacing the roof due to hail damage. I have rebuilt the pump in the Jacuzzi. I am recleaning the edges of the carpet. She has been in the house for 3 weeks, and there seems to be no end to the requests for service. I spent 2 months fixing things since my last Tenant. There are some minor problems still to be fixed. But all the things she wants, I would not expect to do to a rental property.
Am I wrong?

John L., Alpharetta, GA

A: I could write a page on each one of these issue,s but let's say the plumbing, heating, and electrical systems and cooking facilities have to be in "working order (not brand new)" and everything else the tenants takes pretty much "as is". Don't kill yourself. If she tries to withhold rent on some of these petty claims, she will lose.

Published 2009-02-04

Dear Mr. Reno:
Can we press criminal charges on a Commercial Tenant who removed ALL Tenant Improvements upon vacating which are clearly identified in the lease:
"All improvements installed by Tenant, with or without Landlord’s consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant".
Thank You.

Mindy King, CA

A: Probably not. It's not up to me or you, it's up to your local police dept. They will probably say "it's civil" and refuse to prosecute. You can try. The worse that can happen is they say no.

Dear Mr. Reno:
We've had a lot of students in our student rental apartments fail to pay rent. Many are from out of state. If we evict them, we generally can not find them, and certified mail to their parent's never gets picked up. We'd like to sue the students and their parents before we evict so that we have someone we can physically serve. Filing for eviction or a combo eviction/judgement is $260. Filing for a judgement in small claims court is only $60.
Do you believe that this is legal?
Thanks,

Mike, Minnesota

A: That's a new one. It's true that the small claims action is cheap, but it doesn't get them out, which should be your #1 priority with these dead-beats. But in answer to your question- yes, it is legal.

Dear Mr. Reno:
I have a month-to-month tenant lease with a mother and son (over 21) from hell. The lease has been up since July 30, 2008. Between property damage, moving folks in, allowing car mechanics on the property, can they be evicted? I want to renovate and charge more for a better tenant.

Marla Sanders from Chicago, IL.

A: You said it's month to month. There's your answer. Serve a 30 day notice.

Dear Mr. Reno:
I have an inherited tenant as the sole signer of the lease living with a boyfriend & his daughter, also inherited with the property acquisition .....
She has told me she is moving & leaving her boyfriend & assured me that he too will move out at that time, the 22nd of Feb. ........
How can I be sure that the boyfriend will leave as well? ......
How can I best prepare to be sure that he does move out as well? .........
How can I best prepare to be sure that she also leaves? ........
Her lease expires 01.31.09 ........
Thank You,

Jeff Radwick, CT

A: You could have served a 30 day notice- but it's too late for 2/22. Might as well wait until then; unless you want to start a nonpayment proceeding if you didn't get the Feb. rent, which you would be within your rights to do.

Dear Mr. Reno:
What can you do about a Section 8 tenant that left your unit damaged to the point you can't rent it out until its completely redone? I asked C.H.A.C. to help and even gave them over 60 pictures for proof and they have done nothing! It's been vacant since November 1st. I can't afford to hire out so my daughter and I are weekend warriors!

Marla Sanders, IL

A: Landlord's Occupational Hazard. You can sue the tenant in civil court, but you may be throwing good money after bad. Que Sera, Sera.

Dear Mr. Reno:
I have an unusual situation. Some years ago, I had to come back to WNY to take care of my mom with Cancer. She passed away leaving me her house. I had already gone through an extremely bitter divorce where my former husband had taken two properties away by fraud in the same city that my Mom lived in. Because he had taken them illegally he tried to make threats to my mom in attempt to try to force ME to sign these properties over to him via a Quick Claim Deed. I won't even go into how all that ended, it is a long story, other than to say it became more my priority as well as my Mom's to just keep my son and I safe from him and in a stable place to live that he could not take from us again.

And yes, I did try the authorities who would do nothing, and lost everything paying for Courts and Attorneys to no avail. I later found out through a particular attorney there were many others this was happening to and they too could not get anywhere either not even in the Courts.

Upon coming back here, when he found out my mom left me her house, he made threats to try to take that house too. We had been long divorced. Long story short, to avoid any further trouble I put the house in my sons name. My son is disabled and I still take care of him as an adult. The house has two apartments. My son and I both live in the property together in one apartment and we rent out the other to tenants. Is there anything I can do legally to represent this property in an eviction especially in Court without putting the property back in my name? My son gets too nervous to be able to represent himself in the Courts. I mostly deal with the tenants, but I make sure that he and I both sign everything including Notices. My son has a hard time dealing with all these things especially as it is becoming more and more difficult, especially in the type of area were are in, not very good. But at least with the property in his name, my former husband has finally left us alone.
Thank you,

Judith E, NY

A: You may be able to represent your son in eviction Court by having a power of attorney form with the box checked for "Litigation". I always thought you needed to be an attorney to represent someone, but last year I found out I was wrong, at least in Islip, NY. The judge let a lady represent her mother b/c she had power of attorney. Why don't you try it? The worse that can happen is they make you come back with a lawyer.

Dear Mr. Reno:
I forgot to say in my last email I just sent to you of "Ask the Attorney", that I have full Power of Attorney for my son.
Thank you,

Judith E, NY

A: Well there you go then.

Dear Mr. Reno:
Thank you for reading this email. I have recently delt with a tenant in an eviction trial who is a habitual squater. The jury trial was won in our favor (landlord). The tenant committed perury on the stand (possible criminal prosecution), but more importantly this tenant has gone through over 9 different evictions. Apparently, she goes from house to house and doesn't pay rent. Is their anyway we can put a stop to this via a criminal complaint? If so what's the best way to handle it. Thank you.
I Respectfully,

Yemane Clarke, Esq., Stone Mountain, GA

A: You call it a "habitual squatter." I call it a "professional tenant." Take your pick. You can take it to the District Attorney, but don't hold your breath. They're almost never prosecuted for perjury. And even if you made it your life's work and got one prosecuted, they would only get a slap on the wrist and wouldn't deter the thousands of others. So there we are.

Dear Mr. Reno:
Hi,
We're landlords in Pennsylvania. The law states that the heat must be set at 68 degrees. We set it at 70 degrees on the 1st flr apartment & 69 degrees on the 2 flr apartments. We had an emergency at this apartment house this past week-end & it was discovered that the 2nd flr tenant "broke" into the lock box on the thermostat in her apartment & changed the heat setting to 74 degrees.

What can we do for "theft" of the heat we buy & "breaking in to" the lock box?
Thank you. Juli...

Juli, PA

A: For Starters, you should make it a condition of the lease. Insert a clause that the landlord can enter the property on a monthly basis to inspect the heating systems and that tampering with the equip. (including thermostat) will be grounds for cancellation of the lease. As for these people, you'll have to wait until their lease expires to do anything.

Dear Mr. Reno:
Have had tenants, husband and wife, for 3 yrs. contract is up 2/14/09. For the last year, many months rent was late but always paid after 3day notices.also they shut water off to large yard, "to save money", everything died. Notice to fix didn't work, finally went to small claims,got $ judgement for repairs but they won't pay and have stopped paying rent, they owe 3mos plus service & court costs.They won't pay, or leave, are hiding and I think they are planning to sneak out. I set new small claim for all rent owed and "notice to appear" for past money judgement but can't find them to serve notices. If I find they are out, can I go in the house? How can I get them to pay? The guy is no longer working at the job noted in his rental application. I have SS numbers, can this help me find them, and their jobs?
I am alone, senior citizen on limited income, doing all court paperwork by myself but now I don't know what else to do, and need to keep paying mortgage on the house, insurance, taxes, etc.also need to repair house before renting it again, it will cost a lot of $, so need to resolve this problem ASAP or I will lose the house.
Any advice you could give me would be greatly appreciated,

Clara Newton from California

A: Your first priority is to regain possession of the house so you can rerent it. What are you waiting for? Why aren't you evicting these people? It seems like your focus is on suing for damages- but that should not be your priority. (By the way, you don't have to find them to evict them.)

Dear Mr. Reno:
I have had rentals for 10 years and never had this happen. I have a tenant that moved out, and their lease hasn't expired yet. They still have until August 09, I have been trying to find out what my course of action is at this point. Plus I receive section 8 housing funds for this tenant. What should I do?

Dell, Spokane, Washington

A: 1. Notify Section 8 by certified mail.
2. Find new tenant.
3. You can sue the old tenant for lost rent.

Dear Mr. Reno:
My name is Jessica and I live in Staten Island, New York. I have been in this apartment for 11 years come Feb 1, 2009 with out a lease. In January my application was accepted for a new housing development and was told by the case worker to give my 30 day notice so that way I would be able to move in for Feb 1st. I gave my landlord who is also the owner a 30 day notice and lived out my security in order to have funds for the apartment. I was just told on January 28,2009 by the new housing complex that my case worker was no longer with them and that my move had to put on hold but don’t know for how long. The housing complex is owned by New York City Housing. The landlord had her niece come knock on my door to tell me that I had to be by end of day January 31, 2009. I explained to the niece the situation and offered to pay for the month of Feb while I look for temporary shelter for my family. The niece yelled at me and told me that they would not accept payment and that I had no choice but to move and if I was not out by end of day they would call the police. Can you please tell me what rights I have if any to be given at least the month to find temporary shelter for me and my kids?
Please help. Thank you

Jessica, Staten Island, New York

A: Calm down. No one's calling the police. Fortunately for you, getting a tenant out who doesn't agree to leave as is not so simple. A Court proceeding is required. By the way, you didn't pay January's rent. You might consider paying it. It depends how much time you'll need.

Dear Mr. Reno:
I have a tenant who I served a 3 day notice to pay or quit and he says he has no money and no job and no place to go. So now I don’t know what to do. Do you have any advice for me?
Thank you

Ardell, CA

A: I would say you should be heading to Landord Tenant court and he should be packing. Did I miss something?

Published 2009-02-03

Dear Mr. Reno:
Tenant belongings:
The deadbeat tenant moved out before the marshal come and I got the keys. He left some books, shirts and empty bags. Do I need to store them? He didn't leave me a forward address. Do I need to send him a letter to pick them up? What do I need to do to protect myself? Thank you so much.

Joe (NY)

A: The only way you can protect yourself is to store them for Thirty days (60 to be really safe.) After that, the books go Amazon.com and the shirts go on E-bay.

Dear Mr. Reno:
Is it true that in New Hampshire a squatter must be evicted? That the property owner must go through the eviction process?
The police call it a civil matter?
Thank you,

Peter Talas; NH & MA

A: That's usually how it works. This is distinguished from a trespasser which is a criminal matter. Once the trespasser is there awhile, (usually 30 days) he becomes a squatter and must be evicted.

Dear Mr. Reno:
I have lived in the same house for 30 years. I moved in with my grandparents when I was 12. My grandfather passed away 18 years ago. My grandmother decided to divide the land in half for me and my mother. 7 years ago my mothers new husband convinced my grandmother to switch the land and give them my half so they could borrow more money.They promised her "my" house would still be mine. They also promised me it was still mine and I would never have to pay rent. Grandma passed away in June. On Dec. 10th they told me if I wanted to stay in "my" house I would have to pay rent or get out which I refused. On Jan. 17 they gave me a 3 day vacate notice. I have paid all utilities for 18 years and half the property taxes for 7, plus over $20,000.00 in improvements to "my" house, keept up the mowing of their 7.5 acres and maintained the driveway all at my expense. Any recourse?

G. Crabb, Texas,

A: Yes. It's called a "constructive trust." That's when you own property but its not in your name. You need a Texas real estate lawyer ASAP.

Dear Mr. Reno:
We have a situation where a unit of ours is in default for nonpayment of rent in Denver, CO.

The lease is signed by two parties, who are married. One of the tenants is MIA, the other wants to quit the premises, leave it empty and return keys and possession to me.

Our lease states that after 3 days of nonpayment the lease is in default and the terms of the lease can be terminated. This is what I wish to do. I do not want to rent to them any longer.

After the passing of the 3 days notice of "Demand for Compliance or Right to Possession Notice", if only 1 party shows up to hand over the place, the place is cleaned totally out, what are my obligations in terms of the security deposit?

Specifically, can I give the whole amount due back to just the 1 party? Does the cashiers check have to include both of their names? Can the MIA party come back to me at a later date and claim she is owed half the security deposit or worse yet, she still has a lease? Thanks.

Lisa Cernick

A: Make the check out to both parties. Problem solved.

Published 2009-02-02

Dear Mr. Reno:
CAN AN ATTORNEY SERVE A THREE DAY NOTICE , I MEAN THE ATTORNEY ACTUALLY GOING TO THE RESIDENCE AND SERVING THE NOTICE AND IF SO CAN THEY STILL REPRESENT ME IN AN EVICTION. Yes, Yes & Yes (I've been doing it for years.)

RUSSELL HERMAN, NEW YORK

A: Yes, Yes & Yes (I've been doing it for years.)

Dear Mr. Reno:
I am hoping that you could assist me in the following matter: I signed a lease agreement to rent a Sandton property for one year, with the condition of notice being two months. Does this mean that I am unable to move out of the property for an entire year, or does it mean that I can move out within this year if I give two months written notice?

dajeleinius, UK

A: They say "The Devil is in the details." (Write back- let's see the clause.)

Dear Mr. Reno:
My father in law passed away in 2005. Will was share and share alike. Brother in law is FINALLY being evicted from New York Estate. We are paying 20K to vacate premises to put things in storage, per law.

The problem is.... he says everything is his...... even the stove....... is he allowed to take items that were in the house prior to dads death?????? he's taking furniture, heirlooms, etc. that are to be distributed amongst us. Only problem, nothing was itemized.......... HELP

Carole S., Naples, Fl

A: Let him take it. Alternative: pay the estate lawyer a couple grand to get a restraining order. Is it worth it?

Published 2009-01-30

Dear Mr. Reno:
I read your article on some one signing a lease and then changing their mind. you stated that a lease is a lease. Here in Oneida I had this happen to me and the judge told me that if a tenant does not move in , he can get all of his money back, in this court. I could get some of this money if I had stated in the lease that if a tenant changes his mind befor they move in, that the landlord is entitled to so much a day for the days the apartment could have been rented but I could not get the whole months rent. I also had a case in Oneida court where my daughter had a $1000. security deposit on a building for a retail store and when she gave a 60 day notice to the landlord her came by the next day and locked her out. I went to court with her and thoght that we put on a good case and won this one. She got a verdict in the mail that the landlord has the right to lock the renter out if he so chooses. She lost her $1000. deposit. This court makes up their own rules and does nothing by the law. Damages are not allowed to landlords because as the judge once told me in open court. " I do not like landlords" They will give evictions only if back rent is owed and only on a month to month rental agreement. yearly rental agreements, they will not put a tenant out until the end of that year. How can we landlords in this area protest this kind of treatment to us without retaliation form these judges if we have to come back in front of these judges. can we protest to the state judicial system anonimously? we could really use your help on this matter.

Milton J., Oneida,New York

A: They say "you can't fight City Hall" and these are some good examples. I disagree with all these rulings you cite. Our best weapon is our lease, which you need to make as strong as possible (LPA has a great one, by the way) but if the Judge won't follow the lease (or the law), we just write it off as a landlord's occupational hazard and move on.

Dear Mr. Reno:
I have tenants that have moved out but are refusing to return the keys until they get the security deposit. I explained that I have 30 days to inspect the property and assess any damage and send them a notice of what, if any, the refund will be. They have also claimed the hot water heater is not working but have denied me access to the property and the police told me they can't force them to let me enter the property.

The police told me as long as they are there I can't make them give me back the keys but as of today the home is vacant. There are still a few of their posessions in the back yard but it seems to me they have moved out otherwise. Do I have the right to change the locks or am I breaking a law?
Thanks,

Renee E. Michigan

A: It's a judgment call. My opinion: if their clothing and valuables are gone (TV, Jewelry, Stereo) then they're gone. Probably OK to change the locks.

Dear Mr. Reno:
My home in Massachusetts is being rented by a couple with 3 children, I started a lease with them in 11/07-11/08 almost from the very beginning they were late with the rent, but paid it up thru 4/08, starting with May they have gotten more and more behind, I tried to work with them giving the option to pay $300 a week instead of $1,200 monthly, they still couldn't keep up with that, in 11/08 when the lease ran out I told them I would not renue the lease and they would now be month to month and sent them a Tenant at Will agreement to sign and mail back to me, to date I have not received it. They send money then they don't continue, as of 12/31/08 they are $3,400 in arrears with 1/09 rent due. I have gone as far as proposing a deal with a reduction of rent to $1000 but still paying $1,200 with 200 going to the back rent for 17 months. If they don't agree to the proposal I have told them that they will be getting a 30 day to evict notice. Being that it is winter and they having 3 children will this create a more difficult situation getting them out of the house? Thank You

Judith S., FL

A: I think you've done a good job trying to save these people, and probably went overboard by letting them fall 3 mos. behind. Now's the time for Court, they had their chances.
Don't worry about the kids. That will only buy them a month at most.

Dear Mr. Reno:
I really screwed up,I let the renters move in 1 week early and we have not completed the rental agreement,Their official start date to start paying is feb 1 09,they gave me two checks one the deposit check and the other the first months rent,the monthly rent is $1900.they dated the deposit check for 1/16/09 and they asked if I could deposit the check on the actual dates,anyway the deposit check bounced and she told me about it and said that when I came by they would have a cashiers check waiting for me,they moved in this weekend and said that they did not get a chance to get me a cashiers check,to please come by and they would have it on monday..the rental aggreement is still not signed,I have no money from them and they are in my home,what can I do? please help

William Miller, CA

A: There's only one thing you can do. Commence an eviction for non-payment of rent. Sorry. I have no magic wand to fix this disaster. (One other thing, call local police. Check Bouncing is a crime. In some places, the Court will force them to make good on their checks.)

Dear Mr. Reno:
Rent is 3 weeks late, I entered unannounced, to fix door knob and leave unofficial note to pay remainder of lease or move out. Tenant was not present. Did I enter illegally, even though lease has been broken by not paying rent? Yes, I believe it's called "Breaking and Entering" (Does your lease say you can go in? Otherwise, you really shouldn't.)

William, CO

A: Yes, I believe it's called "Breaking and Entering" (Does your lease say you can go in? Otherwise, you really shouldn't.)

Published 2009-01-29

Dear Mr. Reno:
Our tenants have a 12 month lease (we are only on the 4th month), they have just told us that they are moving out by the end of the month (we have given them a notice of rent not paid for this current month), but they are claiming they are moving out of the country (Hungary)...We only have about a week left in the month, is it even worth seeking legal help at this point and if they for whatever reason do not move out of the country, can we collect the unpaid rent for the remainder of the lease?

Monica, Anaheim, CA

A: Usually Hungary is a place people move away from. But if that's the case, you could sue them and get a default judgment in case they ever move back.

Dear Mr. Reno:
QUESTION ; I PERSONALLY DELIVERED A 3 DAY NOTICE TO PAY RENT DEMAND OR QUIT TO MY TENANT , I GAVE IT TO HIM IN PERSON , I ALSO SENT IT CERTIFIED AND REGULAR MAIL. I HIRED AN ATTORNEY FOR THE EVICTION PETITION AND AT TRIAL THE JUDGE SAID THE 3 DAY NOTICE WAS NO GOOD BECAUSE I SERVED IT MYSELF. IS THE JUDGE RIGHT , HE IS A LAYMAN JUDGE AND I AND MY ATTORNEY FEEL HE IS WRONG , NOW I HAVE TO START OVER WITH ANOTHER 3 DAY NOTICE AND LOOSE MORE RENT. WAS THE JUDGE RIGHT OR WRONG ? THANKS

RUSSELL HERMAN, NEW YORK

A: I've heard both answers. This is what we lawyer's call a "split in authority". Some cases say as long as the notice is reasonable (so you can do it.) Other judges say you must serve it the same way as the eviction notice (So you can't). It can go either way. I never let the landlord serve it, just to be safe.

Published 2009-01-28

Dear Mr. Reno:
I am in New York city. I won the holdover case and the tenant was ordered to vacate my house at the end of this month. I would like to know when to order the marshal. Can I order the marshal now so that he can come on Feb. 1 to evict the tenant or I have to wait until Feb. 1 to order the marshal. Thank you very much.

Nina, NYC

A: You can usually start the process in advance. They'll hold off the actual eviction until 2/1, but get the paper work going.

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