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 2009-01-13

Dear Mr. Reno:
I have a single family home in Illinois which is rented to a couple for $1700 monthly. We recently purchased the home as a flip and got stuck in the down market with it so we are renting it. The home is a 3bd 2ba home w/ a full finished basement which is 50% the livable space in the home.

This past Sept we experienced flooding which destroyed the carpet in the basement and quite a bit of the tenants personal property. We pulled the carpet and put down a cheaper carpet. Our tenants were not happy but paid rent on time each month. The basement flooded again in Dec and it appears we have a recurring issue w/ basement flooding.

Our tenants are now requesting a reduction in rent of $500 each month for the remainder of the lease which is up on 4/30. They are claiming the space is unusable as either living space or storage space for fear of flooding and mildew/mold. We simply cannot offer them a $500 discount and as a result they are threatening to move out within a few weeks and claim they have a legal case to terminate the lease because we have not attempted to fix the foundation issue with the home since Sept. Furthermore they are claiming the basement and home is a health hazard because we never cleaned up the basement in Sept with bleach and other germ killers.

They have not paid Jan rent and we are currently trying to negotiate a fair reduction but are quite a ways off in price. We hold a full months security deposit.
1. Do they have a case to break our lease agreement?
2. If I sue, what exactly can I sue for besides back rent? Court costs? Exactly what attorney fees? Only day of court appearance or all attorney fees?
3. Would this be a civil suit or small claims?
4. Do I legally have to seek new tenants and show the unit to prospective renters?
Thanks so much.

Richard Molsky, IL

A: 1. Yes.
2. Depends what lease says.
3. The small claims court limit is between $3000.00 and $5000.00 depending on your state- call the Court.

Dear Mr. Reno:
I have a commerical tenant who has not paid Dec or Jan rent. I said I'm filing eviction, he replied he would keep rescheduling court dates. Can he do that? How long can he stall. I need him out I have to release to pay property mortgage.

Jacinda Taylor NJ

A: Everyone gets one adjournment. Some (about 1/3) get two. Very few people can get 3 adjournments. All you can do is appear each time and object to the adjournment. It will get progressively harder each time for the tenant to get it rescheduled.

Published 2009-01-12

Dear Mr. Reno:
I live on Long Island and I own a condo is Jacksonville. A year ago I leased it to a tenant and she has since skipped town on me, leaving 4 months before end of contract and not paying for any of those months. She was physically in the condo for 2 of those 4 months before she left. She left my place in shambles costing me a lot of money to have cleaned and fixed for a new tenant. I have called her and left messages and she never returns my calls, nor has she sent me any money that she promised to send. She has since moved to Indiana with her parents. Is there anyway I can take her to court to recover the 4 months rent and other costs? Thank you very much.

Brian Redfield, Riverhead New York

A: You can take her to Court- but not in NY. Only Florida has jurisdiction. I'd try small claims to save lawyer's fees. Good luck and don't forget to bring the sun screen.

Dear Mr. Reno:
Hi, I have a tenant, in NJ that just told me he does not have this months rent. They have been living in my two-family, owner occupied home for 11 months and have never been late or missed payment. Today is Jan 4th and I do have a 1300 security deposit which would equal one months rent. How long do I have to wait to try to evict them? Can I start now? If I start immediately how long will it take to get them out? Thanks

Heather V., NJ

A: You have posed the classic dilemma of the landlord. How long to wait? The whole process will take anywhere between 30 to 90 days, depending on your particular area. If you wait 30 days, then you've lost rent for 60-120 days. Wait 45 days, you're out 75-135 days. Get the picture? Right now they're living off their security. Starting 2/1, it's your dime.

Dear Mr. Reno:
I own 4 rental homes in Montgomery, Alabama. I recently formed an LLC. What do I need to do to place these properties under the LLC?

Steve Vickers Montgomery, Alabama

A: You need to file new deeds, transferring ownership from you to the LLC. Usually the County Clerk takes them, but the paperwork is done by a local attorney.

Published 2009-01-09

Dear Mr. Reno:
The tenant was served a 3 day notice to vacate since they were late in paying their rent. The tenant continued to stay on the property for 2 months without paying any rent. When the tenant does finally move, they leave a PO box as the forwarding adress (not to worry, I have their work address and phone number.)

Can I, the owner, sue the tenant for not paying the rent for those 2 months they stayed in the house. Or can I sue the tenant according to one year lease agreement that states if the lease is broken and the tenant vacates the property before the term is up then the tenant is obligated to pay a late fee and a daily late fee for every day remaing in the lease. In this instance the tenant still had 8 months remaining on the lease.

I am not sure if the Ohio law will allow me to sue the tenant because they were given a 3 day notice to move. I'm also not sure if I can sue the tenant for all the accumlated late fees.

I've heard that Ohio law will allow me to sue the tenant for unpaid rent for up to only 3 months the property is not occupied. Is this ture? Or can I sue the tenant for the amounts stated in the lease agreement?

Also, the tenant left without paying the water bill which can after they left. Can I sue them for that as well since it too is in the lease agreement?

Barbara H.

A: You can only sue for the 8 months if place was vacant. Was it? Also, you can't get a late fee everyday for 8 months. The judge will say that's ridiculous and I would agree.

Published 2009-01-07

Dear Mr. Reno:
I live in New York city. I am in the process of evicting a month-month tenant and we'll be in court shortly. Can I put in the stipulation: I waive all the back rent so the tenant can move out of my house sooner under the condition that this tenant has to waive his right for order to show cause in the future? Does this agreemtn enforceable? Thank you so much.

Jen

A: You can put it in, but an Order to Show Cause can still be filed. Another deterrent you can put in is that the back rent is waived, but only if the tenant vacates as agreed. That kind of clause is enforceable; waiver of the right to file an Order to Show Cause, probably not, unfortunately.

Dear Mr. Reno:
I had a tenant that passed away. He has lived in the unit for about 1 year. His oldest son came to clean out the apartment. All is OK, and I want to give back the security deposit. I'm sure that he did not have a will, and the Son is asking the security deposit be sent to him. Is there any type of verification that i need to do in order to make sure that no one else will come to me and ask for the deposit?
Thank you

Alex

A: Technically, the son's not entitled to it. It goes to the heirs as provided by state statute. He's suppose to petition the Court to be appointed administrator. Maybe the tenant had no money and so it's not worth it for the family to pay for the Court process. You can fork it over if you want, but there's no way you can protect yourself if someone gets appointed later and sues you for it. The law says he's not entitled to it. You'ld be paying him at your own risk. (Why don't you show him this?)

Dear Mr. Reno:
Hi, I have a tenant, in NJ that just told me he does not have this months rent. They have been living in my two-family, owner occupied home for 11 months and have never been late or missed payment. Today is Jan 4th and I do have a 1300 security deposit which would equal one months rent. How long do I have to wait to try to evict them? Can I start now? If I start immediately how long will it take to get them out? Thanks

Heather V., NJ

A: You have posed the classic dilema of the landlord. How long to wait? The whole process will take anywhere between 30 to 90 days, depending on your particular area. If you wait 30 days, then you've lost rent for 60 -120 days. Wait 45 days, you're out 75 to 135 days. Get the picture? Right now they're living off their security. Starting 2/1, it's your dime.

Dear Mr. Reno:
I inherited this tenant. He didn't pay rent. After I gave him the 30 day notice, he called the housing inspector. I got the class A, B and C violations. I never had any violations on the house before. I have already corrected all C and some of the B violations. Finally we got to the housing court and I waived all his back rent for him to move out at a certain date. My question is: repair was not mentioned in the stipulation, but do I need to fix the rest of the Class B violations Iand the Class A violations? Can the tenant put the repair as the defense in his order to show cause to ask for more time? Can I fix the house after he is gone, because I know he will damage my house. I can not afford to pay twice to fix the house. Thank you so much in advance for your help.

CJ

A: The tenant won't be able to use the violations to get time. Usually, the housing court will just keep adjourning the case until you get the tenant out and do what you have to do. So you don't have to worry about that.

Published 2009-01-05

Dear Mr. Reno:
Can I evict my ex husband from the apartment we live in. His name is on a month to month lease.
We are under rent control, but I originally rented the apartment 34 years ago.

Linda M., California

A: Nice try. He's on the lease as your co-tenant. One tenant can't evict the other. You'll get him out eventually, but it will be in Divorce Court.

Dear Mr. Reno:
If I collect first month, last month and sec. dep. then tenant doesn't pay rent when due. Could I serve the pay/quit notice the same month tenant hasn't paid their rent or would I have to wait until the 2nd month to serve them?
For years we used to charge a last weeks rent, this would give tenants up to a week to pay their rent before we would initiate an eviction on the 8th day. We stopped doing that about a year ago because we were passing up good applicants who "didn't have the extra money", but now looking back in hinesight, I wonder if this would have been contested during an eviction hearing could the case have been thrown out? In the 21 years that we have done that, it was never brought up in court. I really don't know what would have happened if it were.
By having the last months rent, does that force a landlord to have to wait until the 2nd month rent is due and unpaid before starting the eviction proceedure?
Thank you so much in advance for your answer and your time.

Monica, OH

A: 1. Yes you can serve it now - and you should.
2. Probably Not.
3. I've never heard that interpertation. Just because you pay the last month (or last weeks) rent doesn't mean you can stop paying. The only exception would be if you paid the last month's rent of a 1 yr. lease- you might not be able to start the eviction during the 12th month because that would be considered prepaid.

Dear Mr. Reno:
My tenant suit me for not returning her deposit. Today I received the citation were she is claiming "rent deposit, prepaid rent, damages to property, treble damages. She moved in the duplex on Aug 08, on Sep 13, hurricane IKE damaged the downstairs portion. However she didn’t evacuate and stayed there for the rest of the month. Also there were three other individuals in the lease.
In October as we went to check the premises, she happened to come by, and we verbally told her that we allowed her two more wks for storing belongings upstairs. Later that month not having heard from her, we hired a crew to move her belongings from downstairs to the garage and left the other things upstairs. Not knowing her forwarding address, we asked a neighbor if he knew her. He agreed to relate her request to completely move out her possessions from upstairs, the garage and also her truck stuck in the backyard (not a parking area).

Well the first wk of December she called and said that she took care of the problem. We checked the duplex and found out that she had not cleaned the upstairs portion, heavy items were left on the porch and deck, and she took down the partition from the two doors securing the duplex, left all her belongings in the garage and never returned the keys. At that time she requested the deposit back. Within that week, not having her forwarding address, I delivered the itemized deposit list of damages with only the pet deposit to the security guard at her place of employment.
The deposit was $1000, and she is suing for $9,993. Please Help

Claude Davidson, Texas

A: In California you've got to return it w/n 30 days. Does Texas have the same statute? You tell me. By the way, she left on 10/1/08- but you didn't return the down payment until Dec? That's not good. I know she left stuff there, but when you hired a crew in October to remove her stuff, you can't still be saying she's in possession. I strongly suggest you consult with a local attorney who knows about the local security statute.

Published 2009-01-04

Dear Mr. Reno:
Thank you so much for your response. I have a follow-up question: this tenant of mine ordered to show cause and asked for 2 more weeks. I granted the 2 weeks. I just found out she ordered another show cause. This is my first eviction, do you know how many order to show cause a tenant can ask for extensions? Is there an end to this? Thank you so much and happy new year to you!

CJ

A: Usually they'll allow one, sometimes 2, very rarely 3. It will get harder each time. I think b/c of the economy, Court's are allowing the 2nd one more than they used to.

Published 2009-01-02

Dear Mr. Reno:
I live in Michigan, my fiance just walked out on me and we are renting a house from my parents, but we have no sign lease or contract. Whats the rules and regulations for me kicking him out if he decides to come back in a couple days? We lived together in that house since May of this year.

Sas, Michigan

A: There's no hard and fast rules on that, but just to give you a point of reference, if he comes back within 30 days, he probably still lives there. You can't evict someone because they left the premises for a week. People do vacation. But this is a judgment call for the police officer who answers the 911 call that seems to be in your future.

Published 2008-12-31

Dear Mr. Reno:
rent a 3 bedroom apartment to 1 person. She splits the cost with roommates. To move in she has them agree to pay 1/3 1st and last month rent plus security in case they don¢t pay the last month or have utilities due after the fact. For December she needed 2 new roommates to move in. 1 moved in mid-month and seems really responsible. She had problems with a previous roommate so she asked me for my opinion on a couple that where the girl seemed nice but they seemed in a in a rush to move in. I recommended she just look for 1 person and people in a rush is a big red flag even if the girl seems nice, it¢s better to have to pay a more for 1 month but get a responsible person. Not sure how to afford the difference, not my problem as of yet, she took a down payment of what was due and gave the girlfriend a receipt in her name only for the cash and gave her the keys allowing them to move in around Dec 1. In the last 3 weeks or so, she found out the girl was in court for larceny recently found not guilty but the boyfriend who had given my tenant a false last name originally has been arrested for drug possession, driving erratically, drinking, giving a false name to police, breaking and entering, all he was found guilty of except for the last which is still pending in court and all over the last 5 months. He has gone to each roommate¢s bedroom in the early morning to wake them up to ask for money for one reason or another. 1 his girlfriend paid back they others they are telling my tenant to take it out of her security and they aren¢t going to pay the utilities that have come in. He even came down to my apt and tried it with me. In the meantime the boyfriend brought an injured wild rabbit home, was told he must remove it immediately, come to find out he ended up putting it in a bedroom closet for 2-3 days until it died then put it in a box on the back porch I just learned. Plus since they moved in a cabinet door was removed and the screen door latch is damaged. (I've fixed them) I did serve my tenant a 30 notice previously on Oct 1st during the last episode. That was resolved by November so I never pursued it further. Now I am back there in Dec. She gave her tenant a 14 day quit notice 12/15 and 1 gave my tenant one as well for non- payment of the full Dec rent. I do feel bad for her bad decision but this is a business deal. Monday I am going to go down have the sheriff serve her notice. Is the 30 notice still valid from Oct or due I have to start from scratch with the 15 day quit notice she was given? If she can try to get them out with in a week or so her sister will cover the past rent owed. Is there any other recourse to get this guy out. They don¢t have their name on the mailbox, he doesn¢t have keys (as he rings the buzzer for a ½ hour at 4am when he comes by), and he isn¢t on the receipt.

Mary Murphy, Massachusetts

A: The 30 day Notice from October is void because you renewed the tenancy in November. Sorry. The problem of the subtenant comes up a lot. You can't resolve her little civil war for her, unfortunately. You're going to have to evict the whole gang- no other way. If she needs to stay, she needs to give you the whole rent. If not, she'll have to go. Like you said, it's "business."

Dear Mr. Reno:
I have Durable Power of Attorney for my relative. He is old and vulnerable and has not collected rent for 3 years because of promises from the renter. I hired the Attoney for eviction based on the Durable Power of Attorney. It is going through the first process, next is the Court hearing. How long should this take to evict her, she was given the no cause, 20 day eviction notice. The relative needs to move into thiis home because his present residency has been sold.

Anna, Seattle, Washington

A: It would be about a month or six weeks if it was non-payment, but you didn't say anything about non-payment, so it might take longer. Judges have more sympathy for tenants who are current in their rent and are just being asked to leave. But if the judge wants you to give her 2 or 3 months, try to make it a part of the order that she pays the rent in the meanwhile.

Published 2008-12-28

Dear Mr. Reno:
I’ve been a Landlord for over 25years. The problem is @ one of my rental houses I have bad neighbors. They are on section 8. Every time I get someone in my house these thugs run them away. They break into their cars, the house. They have lots of teenagers hanging out. They’re very rude and disrespectful. The older people are afraid to go to the bus stop. I’ve called the police ,the owner of the house ,Section 8 personal. I can’t get a straight answer grom anyone. The owner said he didn’t want them to move because section 8 pay’s him good money. However I’m losing money because my tenants move. Also they stole my HVAC units. Is there a letter I can threatened the owner with on a Attorney letterhead. Please help.

Carolyn J., Texas

A: You can try that, but I don't think it will work. I guess your attorney could threaten: "to hold you responsible for any further damages caused by your tenants", but you would be bluffing. These are criminal acts you're complaining of. And a landlord is never responsible for criminal acts of his tenants. Sorry I couldn't be more help.

Published 2008-12-26

Dear Mr. Reno:
I have a problem tenant. Had to sever a quit or pay notice in Oct. 08 for no rent payment and we are back at it this Dec.08 again. Despite letters, telephone calls, and quit or Pay notices posted on her door, this tenant continues to ignore all attempted communication. She is going to be a hard nose case this time.

Eviction is a long, costly process for the LL, and with the economy now and tenants being out of work the games are in play. I don’t want to go thru the 6-8 wk process of attempted court eviction just to have the tenant pull a bankruptcy plea in court and have the matter referred to federal bankruptcy court as another stall tactic and lose another 3 months of rent while this jerk jeopardizes my investment and my mortgage on the rental property due to an inability to collect rent.

What short stop gap measures can you offer legally to bypass the eviction process and get the tenants out sooner? I’ve heard of some LL offering tenants $1000 if they move out in one day but other attorneys advise against this practice stating it’s full of mine holes.

What I need is some real Guerilla warfare tactics here! You’re the attorney, where’s the beef?

Dave Flaherty, LL, CA.

A: Well as far as Guerilla warfare goes, I guess you could bomb the house or start a fire- that would get'em out. But I only do evictions. By the way, I like the payment (buy'em off) approach- I've done it successfully myself, but it takes a willing tenant- and you have to make sure they're totally out before you pay them. Problem: Most landlords don't have tenants' trust and they're afraid landlord will double-cross them and not pay. It only works where tenants have no beef with their Landlord and trust them to pay, which is rare.

Dear Mr. Reno:
I have a tenant who signed a lease on Jan 2008. She has been late with the rent payment every month execpt one. On Dec 1 2008 I just received the rent for Nov 2008. She has not paid all of her late fees for Nov. and to date she has not paid rent for Dec 2008 at all. I have spoken with her about her late payments back in June. I agreed to give her a break on Security Deposit when she moved in but informed her that she needed to pay her security deposit as soon as possible. I have not received any security deposit and now she has fallen a month behind in rent and late fees. I with to terminate or lease. How should I go about it? Please help.

Fonda W.

A: If there's a lease, follow it. Usually there's a procedure for cancelling a lease after notice of default if not corrected. If there's nothing in the lease for cancelling you're kind of stuck. All you can do is evict for nonpayment, but then the tenant can march into Court and pay. I'd still do the eviction. The worse that could happen is you get your rent- which ain't so bad.

Dear Mr. Reno:
My tenant signed the agreement in court that she would move out by the end of December. Last week, she decided to have a cat and not confine it. The cat is walking around the public area and peeing all over the carpet. We are going back to court on Monday. She ordered to show cause and I don't know her reasons yet. I have not been making contact with this tenant since the eviction proceeding. What should I do at the mean time regarding her pet. Should I simply ignore the cat? She's a month to month, so I didn't give a reason to evict her. Thank you so much.

CJ

A: It sounds like you're almost there. Her Order to Show Cause will only buy her an extra week or two. Then she and her cat will be gone. Do not send the cat a Notice of Violation, assault or otherwise engage with the cat. That wont end well.

Dear Mr. Reno:
Thanks for being a resource to help us little people out. My question concerns charging a tenant who has moved out for cleaning and repairs necessary to re-rent an apartment. More specifically, can I charge a tenant if I am the one who does the cleaning and repairs vs. hiring someone to do it and how do I quantify my time vs. a professionals? Would I have to include a "price sheet" in the original lease documents to support those charges?
Thanks,

Robert K, TX

A: In a perfect corld, we would all be reimbursed for our time and effort- but L/T Court is far from perfect and you will be limited to "out-of-pocket" expenses only. Now if you want to specify something in the original lease that you will charge tenants upon their vacateur, that will be enforceable- (but they won't like it.) Why don't you draw something up and I'll take a look?

Dear Mr. Reno:
My name is Jason Marien I am a landlord in Leominster Massachusetts. I am currently being sued by the worst tenant I have ever had for the interest on her deposit. She was never on time w/rent she left the apartment in shambles and I still paid out the full amount of her deposit.

What are her chances of winning this case if I can build a decent case against her?
Best regards,

Jason "Stressed and broke landlord" Marien, MA

A: Everyone's confused about interest on security. In my state (NY) it's not required except for multiple unit dwellings (I think 4 or 6 units).
In Mass., I think you may have to send a statement of the interest and include the interest, or within 30 days of the tenant leaving, send the tenant with a full accounting of the deposit, chrages and what happened to the interst on a Security Settlement Statement.
Too many landlords forget about the required settlement statement or a state time limit to return the deposit.

Published 2008-12-22

Dear Mr. Reno:
Happy Ho;idays!
My name is Stacie and I help my mom with her rental property. There is a tenant in the building that has lived there at least 30 years….even when my grandparents were alive and maintaining the building.
She is a busy body. The last tenent we had is moving but I really believe it's is because of he treatment of him. Is it possible to get a statememt from him and possibly not renew the lease with this women. Bottom line…we want her out.
Any advise is truly appreciated. The property is in LA and subject to RENT CONTROL.
Thanks.

Stacie

A: If you want to take away someone's rent controlled unit, you're going to have to do a lot better than she's a "busy body". Like maybe let me know when she kills somebody.

Published 2008-12-18

Dear Mr. Reno:
My tenant doesn't get along with the neighbors and has built an addition to the carport without a city permit or my permission. Is that legal grounds to evict him?

Lorenzo

A: Yes, most leases have a "get along" clause that requires the tenants to socialize regularly. No, I made that up, but you can evict them for violating ordinances under most leases unless they correct the problem.

Dear Mr. Reno:
I am going thru the eviction process now. I know I can not turn off power or water or change the locks or remove its belongings but can I cut the TV cable? Thank You.

Gary Elliott, Seattle, Washington

A: That would make the place totally uninhabitable; it's like having no heat- no it's worse than no heat, I mean, you could always wear a sweater, right? But with no tv, you might as well be dead. Actually, I know of no case where a lack of cable tv was ruled breach of the warranty of habitability, so you'll probably be ok.

Published 2008-12-17

Dear Mr. Reno:
My name is Teresa Stein and I have house that's currently leased to a tenant with an option to purchase at the end of this month (Dec 30, 2008). However, they do not qualify for any conventional loans at this point & time. They are asking me for a ""buyer seller option package", I'm not sure how to proceed on that. Can you advise me as to what to do or what kind of forms I would need?
Thank you in advance for your assistance in this matte. It is greatly appreciated.

Teresa S.

A: The way to proceed is not to do it. They had their option and its up 12/30. Don't do it again. Tell them when they're ready to buy it, (maybe never) let you know. Otherwise, you're tying up the property for no reason.

Dear Mr. Reno:
After re-habing my mother's uniplex including new appliances, we let our 36 yr old son, his fiance and her 7 yr daughter move in for a reduced rate. (Thinking we would retire there in 3 yrs.) After 2 months they moved out and moved in with us in our home.

That was Sept. - They were granted one free month to get on their feet but then refused it. Now it's Dec. And they still have furniture there that they will not move at my request as property mgr. & POA.

We can't rent it and this is causing my wife (who hates my Mom the owner) and I marital problems.

Terry A., Madison Co. IL

A: First of all, don't rent to relatives. This always happens. Secondly, they're not moving the furniture because they have nowhere to put it. You should put it in the backyard for 30 days, then throw it out. Lastly, don't you need to give them a 30 day notice to vacate your place?

Dear Mr. Reno:
We had a Lease with Option to Buy contract with a single mom of 3. She never paid rent and was always constantly lying about sending the money. We finally went there and put up a Pay or Quit notice to her. We no longer wanted to deal with her and her lies. Her live-in boyfriend, which we didn’t know about, told us he would pay the rent and signed a new Rent with Option to Buy contract. It was for five years with a bubble payment of $8000 to own the house due in August 2009. He always paid late but he paid. Now we got a call from the liar saying that he is on cocaine and has disappeared. She wanted to stay there and was going to change the locks. She said she would pay the rent and send it overnight but her overnights don’t work as usual. We really didn’t have a legal relationship with her but she is living in our house without any legal status in our view. We live in another state (NY) and are 250 miles from the rental house. What can we do to deal with this situation? I thank you very much for your help in this matter.

Shirley A., Pennsylvania

A: Whoever has the last lease (I think it's him) - he's the tenant you're evicting for non-payment. She is his guest and should also be named a defendant. (In NY they could call her the "undertenant") Although this sounds like a very unique situation, in the end, it's just a non-payment eviction.

Dear Mr. Reno:
Sorry to bother you with such a crazy tale..but I hope you can help...My parents and I moved from our home 13 years ago because my grandparents we getting older and they asked that we move closer to them..They were in the process of moving to a new home so they had us move into their old home..The deed was never changed into my mothers name..yet it was always understood that this home was to be ours. Recently my mother and her parents had a falling out and they no longer want to sign over the house....They are demanding that my mother now pay them for the house. We have never paid rent and my mother has a record of paying taxes and utilities for all this time..They are threatning to evict us within two weeks. I'm in NJ..do I have any legal recourse...I have family members willing to go on record that this house was verbally given to my mother. Also, my grandfather was in court for an issue and his lwyer asked that he be allowed to stay at his "daughters" house..does that help?

MD

A: You need about $5,000- $10,000 and a "creative" real estate lawyer to make out a case that your mother is the owner of what's called a "constructive trust". It's a long shot. Otherwise, time to start packing.

Dear Mr. Reno:
Follow up to a previous question regarding my tenant that moved without giving notice (month-to-month tenancy). I know where she works but uncertain about the residence. Do I have to send her a certified letter regarding the amount due for repairs and 3 months of past due rents (giving her at least 3-5 days to respond)? Or, can I just take this information and file in small claims court and serve her at the job since she abandoned my property?

Ramon C.

A: You can use the last known address for correspondence. You should make a written request before going to Court. Don't send things to her job. That's a big NO-NO unless you know what your doing (See Consumer Credit Protection Act.)

Published 2008-12-13

Dear Mr. Reno:
Tenets are 1 and 1 1/2 months late with rent..
I would like an outline of the steps i should be taking,, to possibly get them evicated. thank-you

karen G., central ohio

A: No can do K. Are you going to do this yourself? Go to the Courthouse or visit their website, and get the forms to evict for non-payment. Fill'em out. The precise procedure thereafter varies throughout the country. If you get stuck, let me know. Good luck.

Published 2008-12-12

Dear Mr. Reno:
I have a tenant on a month to month basis, (no lease), i've sent her a certified letter stating i will not be renewing her month to month and have given her 60 days notice, she has not picked up the certified letter, what would be my next step. Thank you.

Gainesville, Florida

A: As long as you have proof you sent a certified letter, it doesn't matter if it's been received. Start your holdover proceeding when the 60 days are up.

Dear Mr. Reno:
I have a tenant who moved in 2 months ago. he is now late with 2 months rent because of a bounced check for the 1st month. He kept making promises to pay and never did. can i verbily ask him to vacate the apartmemt without going to court for an eviction notice.. he has since signed an agreement to pay cash by the end of the week. I did tell him that if he doesn't come up with the money he has to leave. he agreed and signed the note about what i told him. This is taking place at my home in new jersey.. thank you

Jimmie, NJ

A: I'm afraid it's not going to be that easy. Unless he leaves voluntarily, you may need court. You could try the police (tell them check bounced) but I think they'll tell you he's been there too long for them to help you.

Dear Mr. Reno:
Is having your renter sign a promissory note necessary or is signing the lease enough? Thanks.

Amy, MN

A: There's a new one. The lease should be enough; It's a contract, an agreement to pay, like a promissory note- except the promise to pay is conditioned on you providing the tenant with a habitable dwelling.

Published 2008-12-11

Dear Mr. Reno:
I own my family's beautifully furnished home, and had to leave to go out of state for a job unexpectedly. I was living there, and left all my belongings there.
I rented my home to someone I knew. I wanted to help them out, and also I rented it for extremely cheap rent, in exchange for them "taking care of the property" and because it was a fully furnished home, with my family's antiques and everything we own there. Also, it was understood that I would stay there when in town or if I moved back.

I had a signed lease to cover legal issues that might come up. The lease was for 6 months. That period ran out and we've been going month to month.
There was a period where the person paid NOTHING for 3 months, and since they have a small child played a pity card on me. I did not charge them late fees, and eventually they paid up. The situation has gone from bad to worse, in that the initial agreement was that I still had my things there and might come into town at any time and need to stay there, as it was technically my home. They were fine with that. They have a huge house and several bedrooms, and only two rooms - full of my private things, were off limits to them.
Now, they are accessing the off limits areas, using all my things from the off limits area, having a vast number of family members and friends stay for extended periods of time, trashing the place. I gave them official notice to be out by the end of December, and made plans to be there to move them out and clean, and make sure nothing was stolen from my family.
They have known I was coming in Dec 20th for awhile to take care of this.
I just received an email from them telling me they haven't "started looking" for a place yet, and I can't "stay there" in December because they have a total of 5- 6 house guests that will already be staying there, and "didn't know I was coming."
What can I do to get them out of my house as soon as possible.
thank you sincerely.

Shannon Fletcher

A: There's yet another "no good deed goes unpunished" tale. You haven't mentioned rent, so I asume they're current. Then you'll have to wait until 12/20 to start the eviction.

Published 2008-12-10

Dear Mr. Reno:
My girlfriend lives in New Jersey in a non-owner occupied duplex. This is her second 1-year lease on the duplex and her landlord told her that she would replace the leaky/drafty windows for the next "heating season." Today she is bundled up without new windows. She cannot get her heat (gas heat and electric space heaters combined!) above 60 degrees and is paying $250 more in electric and $200 more in gas charges every month! Her landlord says that he has a contract for installation of new windows and guys even came and measured them, but the landlord told her that it would take 4-6 weeks to complete the process starting in mid-December. She isn't interested in claiming constructive eviction or breaking the lease, she just wants to have the windows replaced and to not spend an extra $400+/month on utilities. What are her other options? My main concern is that 60 degree maximum heat won't be considered "substantial" enough for abatement purposes, but even to stay there its costing her as much as her rent is each month. Thanks for any help you can offer.

Dustin B.

A: She needs to buy some sweaters unless it's in the lease. She could try small claims court for extra heating bills- but I say it's a long shot with nothing in writing about the new window promise.

Published 2008-12-09

Dear Mr. Reno:
My brother and I have a tenant that has been renting from us for about two years. He had signed a lease when he first moved in. We had to increase his rent because of household expenses. He is now on a month to month lease. He has just informed us that he has a roommate. He has not discussed this matter with us at all. My brother did get a letter from our tenant after his roommate already moved in. Can we write up a new lease for a year with both names on the lease to protect us. And also, can we increase the rent. Thank you for your attention to this matter. I am a member of The Landlord Protection Agency.

Nancy

A: You can and should, but you can't force them to sign it. Ask him nicely first. Then let him know DIPLOMATICLY, that if he doesn't sign the lease, he'll be getting a 30 day notice. If he still won't sign, then you have a decision to make.

Published 2008-12-08

Dear Mr. Reno:
I do have a question. I rented a townhome to a mother that co-signed for her daughter. There were two other girls that also lived in the townhome. The girls did not get along, so the original one (that actually rented the townhome moved back home). The remaining two girls are trying to get 1/3 of the utility and broadband bill from the one that moved. The one that moved is continuing to pay her 1/3 of the rent, but is she responsible to help pay the utilities even though she is not there?

Barbara S.

A: They may have their own agreement, but you rent to a group as one unit. This is a hard concept to grasp. The group is responsible to pay the whole rent and utilities- if they don't, you can take action against the whole group- don't get involved with their internal agreements and bickering.

Dear Mr. Reno:
I have a woman who lives on my property and has not paid rent since she moved in. I don't know what to do, she has not paid and she has turn on the utilities illegally, I have call the energy company and complained. I also have filed court papers to evit her and she still has not moved out, the judge gave her until Nov. 24 to pay or leave and she is still there. I filed a judgement for eviction and now I am waiting for the bailiff to call. Please help me! What can I do to get her out, I know its the holiday season but, I believe she is a professional renter. She comes to court, breaks locks off the garage, leave nasty trash in the general area. I need some help really badly, She know the law it seems and is trying hard to provoke me to an altercation. What ever you have would mean a great deal to me.
Thank You!

Anita

A: I think you're doing fine and seem to be on the right track; the baliff is the final stop. Cheer up. There's a light at the end of the tunnel.

Dear Mr. Reno:
My tenant is moving out Jan 1st. he will not pay Dec rent because I have his security deposit. He wants me to write him a check for the oil in the tank.
Utilities were not included, and he filled the tank in October at the highest price.
Is there any advise you can give me as to how to handle this situation?
What can I do?
Kindest Regards,

Denise Thomas, New Hampshire

A: He doesn't have a leg to stand on but if you have any idea what was there when he moved in, how about giving him the difference- at the going rate?

Published 2008-12-06

Dear Mr. Reno:
My tenant doesn't have electric or water on and is 28 days late on rent and is not staying at house, is this considered abandonment? If so what can I do there stuff is still there but house is a mess. I live in Florida

P. Williams, Florida

A: Sorry, (I must sound like a broken record by now) but if their stuff is there, then they're there - it's not an abandonment- you should do an eviction.

Published 2008-12-05

Dear Mr. Reno:
I am so frustrated! Last December and January...we had a tenant that decided to quit paying rent. We took him to court. During our first session in court, he asked a question and the judge immediately said, "Do you want a postponement?" Of course the tenant said yes, he wanted a postponement so he could live a couple more weeks for free! In January, we finally managed to get the judge to evict him. The judge gave the deadbeat until the end of the month to move out, even though we told the judge the tenant had a new place rented and had moved most of his belongings. The judge didn't want to hear it. He ordered the tenant to pay us back rent plus court costs. We have not received one penny from the tenant. In fact, the tenant even lied in court. When my husband later asked him why he lied in court, he said, "I was just joshing with ya. I wanted to see how your wife would react." And he laughed!

We took his wife back to court to garnishee her wages, so she quit her job. He is on disability, and he told us he doesn't have to pay and there isn't anything we can do about it. The man is not disabled...just needs to lose 100 pounds. We have written them polite letters suggesting we set up a payment plan so they can fulfill the judgment against them We have not gotten a response from either the man or his wife. What can we do to get our money? It doesn't seem fair that he owes us the money, we got a judgment for the money, yet we still don't have any money!
Thanks so much for any help to get some cash out of these deadbeats!

Cathy and Phil Schmitt, Illinois

A: They had a solution in France, it was called "Debtor's Prison" (a/k/a The "Bastille".) We don't have that here, and some people are just "Judgment Proof." OJ Simpson owes thirty two million - hasn't paid a penny either. You can try a collection attorney, but there's no guarantee.

Dear Mr. Reno:
I've just acquired 2 rental properties already occupied. Would i need to redo lease contracts with existing tenant or would the current lease have to be enforced. How would I enforce a lease that my name is not on it.

Victoria H.

A: You need the seller to sign an "Assignment of Lease" form. Otherwise, you could redo the leases but the assignment would have been easier (it's just a 1 page form.)

Dear Mr. Reno:
I rented out a room to my best friends brother. in the agreement of paying me 400.00 per month. However he has been with me for over a year, and frequently is late with his rent and is behind. hes only making partial payments. Hes eating all my food while i am at work, and raising all my utility bills. he has damaged my ceiling in my home from his air conditioner flooding, and has been caught twice doing illegal drugs on the premises. However he has mail coming to my house and when i asked him to leave he said he will sue me. How do i get him out? We do not have a written agreement.

Kim, from Michigan

A: This happens often. Once you charged him rent, he became a tenant. You can't then just tell him to leave. He has to be evicted legally. (I'd start today- this could take a month or so.)

Dear Mr. Reno:
You are going to like this one!!! I have a tenant who is my former fiancee. She moved in one of my apartments 2 years ago on a month to month basis paying the first months + security deposit and also a $300 pet deposit. She was always prompt with the rent, up until I broke off the engagement in October. Rent is due at the first of the month. on the first of November I knocked on her door to collect Novembers rent. Her response was "I'm moving out." I asked her when. She replied, "in about a week." I informed her verbally that if she is in the apartment at the first of the month that she is obligated to pay rent for that month. Her response was, " Well you have my security deposit." I told her that the security deposit was not to be used as last months rent. She refused to pay. I asked her for rent a couple of days later and her response was the same. So needless to say I had to pay my mortgage with her security deposit. Here it is December 2nd, I knocked on her door and got no answer so I went out to see if her car was there and there she was standing on her deck. So I approached her and asked for Decembers rent and her response was you have my $300 pet deposit, I'll give you a check for $325. I told her she was responsible for paying the full amount on the first of the month. But she refused to pay the full amount. She left a $325 check in the foyer by my door. ( yes this is an owner occupied apartment building). How do I resolve this nightmare? What are my rights. And am I the wrong one to ask for rent or is she entitled to relinquish her security and pet deposits in lieu of rent? If I am in the right what would you suggest be my next step? (Aside from putting the property up for sale!)
I look forward to hearing from you.

Gordon Browning -Illinois

A: She's got no legal right to use her security or pet deposit for rent. Your prior relationship notwithstanding, your only recourse is to evict her like any non-paying tenant. (Unless you just want to wait until she's good and ready to leave on her own, which will probably be around mid-spring '09.)

Dear Mr. Reno:
(I am a new landlady due to my Mom's Alzh. condition; I had to take over for her.)
Thanks for this informative website!!
My tenants was sent an itemized late fee sheet, fees amounted to $700.00. I indicated that it would come out of their security deposit ($2,250.00) if not addressed. (Lease from March, 2008 to March, 2009)
Instead of paying fees, they retaliated and decided to file charges against me to the City for no heat, boiler problems, and rodents (all which can be proven to be unfounded). I, landlady, decided to obtain lawyer for eviction procedures (Oct. 14 - due to constant late rent)
Tenant wrote me a letter dated Nov. 3, stating that she was moving out by Dec. 1, 2008. Lawyer and Tenant went to court 11/24/08 (I was out of town on prearranged and paid for trip).
Tenant is desperately trying to move out by Nov. 30 and wants to give me the keys to the apartment. I don't want anything to do with her due to court eviction and told her to put keys in my mailbox.

If she moves out Nov. 30th she is in violation of the lease and NJ law which states that you must give landlord 30 days before the 1st of the month to move. Therefore she owes me December's rent of $1,500.00, I feel - her letter was 3 days shy of 30 days.
She didn't pay November's rent of $1,500.00 (nor did she bring it to the court that day). These fees in addition to the lawyer's fees $533.00 and late fees $700 is a total of $4,233.00
less $2,250.00 (security deposit)
$1,983.00 Balance due to Landlady

QUESTIONS:
1. Could I win this plea for money owed to me of $1,983.00 in Small Claims Court?
2. If Tenant leaves by Nov. 30th before full eviction procedures, can she still get legally evicted (even though she may be off of the premises)?
3. Even though evicted, she legally had 30 more days to stay before eviction. Since she left 30 days before lease dictates, can I get December's rent of $1,500.00? (I have no prospective tenant pending.)

Thank you so much for your anticipated assistance. Again, great site! I understand that NJ is a tenant sensitive state; therefore, your assistance is invaluable.

Ginger Stephenson - New Jersey

A: 1. Yes, if the Judge knows the law,( which is not guarenteed)
2. Yes, as long as she was there when you started.
3. Yes, if the Judge knows the law.

Dear Mr. Reno:
I have a tenant that has not been responsive to my lease updates. Frankly, my tenant has been too much trouble. She is on a month to month lease. If my tenant does not respond to a pet agreement change could this be grounds for eviction?
Thank you,

Gloria C., CO

A: No, you can't force agreement on changes; but you can serve 30 days notice any time now.

Published 2008-12-02

Dear Mr. Reno:
I am being evicted over a possession of marijuana charge that has been dropped. I have lived here 3 1/2 years with no problems at all. This was a situation where a friend came over and as soon as I relized what she was doing I asked her to leave, in the meantime the neighbor below called the police because my 5 yr old ran across the floor...this was at 7:30 in the evening. Please tell me if they can do this or not since the charges were dropped.
thank you

Tina, Ohio

A: If you have a lease, they can't. (But if you don't have a lease they can.)

Dear Mr. Reno:
Hi, my husband and I have a problem. We have lived in our apartment for 11 months. Not once did we miss paying our rent. However, just this month we had a problem paying half of the rent.
We told them we were going to try to come up with the rent( the other half) and they won't wait.
This was a bad month for us. We will be able to pay this months rent but we will still owe $375.
They only gave us one 3 day notice, which we weren't asked to sign.Then we asked if we paid 100 would that be ok? They said fine, but we have to leave at the end of the month. Now, we can't pay the $375, now they said they were going to press charges. Help! I don't know what to do.

A: All I can say is.... pay the rent. Pay what you can. It will take a week or two atleast to get you into Court- and you can pay it there. If not, the judge will ask you to leave. I don't know what else to tell you.

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