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 2008-11-20

Dear Mr. Reno:
I have a tenant that was late on his rent last month and hasn't paid it yet this month. His phone is disconnected and I'm in another state. How soon can I send him an eviction notice. I'm not familiar with this process as I've never had a tenant do this before. What is the procedure, costs, time lines, etc. I know I must do everything legally to protect myself.
Thank you so much for your help.

Vonda Richardson

A: For starters, you've waited long enough- START THE EVICTION- but you may need local counsel. If you're new to this, I don't recommend you do your first eviction by yourself- there's too many technicalities in the court process.

Dear Mr. Reno:
I have a situation whereby a previous tenant left furniture behind, when he moved. Never came to pick it up. Unable to reach him. I asked the current tenant not to damage it and to keep it covered until I could reach the owner. The current tenant stated that he reached him and that he gave the furniture to him. Stated that he has sold previous tenants furniture. The previous tenant owed me money for rent, and I told the current owner that I would have to check his story out, but unable to do so, due to inability to reach the previous owner of the furniture.
What's my best way to approach, my current tenant with this delima. The owner is not to be found, and I've stored his furniture for several months. I can't prove that the furniture owner did or did not give the furniture to my current renter!
Do I have an legal recourse to recover the funds from the sale of the furniture, from my current tenant?
Thank you for your time and consideration.

Joyce

A: You're off the hook. Don't worry about the old tenant- he's abandoned the furniture. Relax

Published 2008-11-19

Dear Mr. Reno:
We signed a lease for one year. My husband who is sixty years old just got laid off. we don't have the money or savings to stay in this house. We will have to move to Az, and in with my mom. what will they do to us? thank you!

Sophia T., California.

A: Maybe sue you? Can you give Notice to leave January 1, 2009? Maybe they'll settle for that. Sometimes if you offer to waive security, they'll let you off the hook.

Dear Mr. Reno:
I rented my house furnished to a family for 4 years. After inspecting the house I have noticed extensive damage to the hardwood floors - which can only be fixed by sanding and refinishing. I also left an oriental rug in the living room which has pet urine stains on it and the master bedroom carpet has pink spots on a green carpet for some sort of cleaner. The tenant is expecting a full refund of their security deposit. How do I address the expense of the floors and carpet??? Thanks

Kara, California

A: California is very strict on this. If you're going to sand and refinish, do it now, TODAY. You'll need your proof of payment as an offset.

Published 2008-11-17

Dear Mr. Reno:
My name is Blair, I live in California (San Carlos, in the bay area). On May 25, 2008, I signed a lease agreement for six months. My lease was set to expire November 30, 2008 at midnight. The lease box is checked (as opposed to month-to-month rental agreement) and specifically states verbatim: "Tenant shall vacate the premises upon termination of this agreement unless:
(i) Landlord and tenant have extended this agreement in writing or signed a new agreement (We have NOT done this);
(ii) as mandated by local rent control law (do not believe this applies as there is not rent control for San Carlos, CA);
(iii) Landlord accepts rent from Tenant (other than past due rent) in which case a month-to-month tenancy shall be created....
I have not paid for any rent past November. I intended to find a new place so that I could vacate my rental on the 30th of November. We never signed a new agreement and that is all the lease says about the end of the lease. There is no clause anywhere that says I must give 30 days notice before the specified termination of my lease.
So, I found a new apartment and just as a courtesy to my landlord, told her on November 9th, 2008 that I would be moving to a new apartment at the beginning of December. She then informed me it was the law to provide 30 days notice no matter what. She intends to subtract nine days of rent from December (totaling over 300 dollars). She told me there is no such thing as a six month lease. Can you help me clarify what is the actual law and who is right?

Blair Burnette, Stanford, CA

A: There is much disagreement on this issue. I agree with your landlord, that 30 days notice is still needed because expiration of the lease term just makes it a month to month which requires 30 days to terminate- but I've heard both versions.

Published 2008-11-15

Dear Mr. Reno:
If my parents own a single family home that they have been renting out in California, Can they limit the number of people they would like to live in this home? It is a 3bedroom/1 bath home.

A., in CA

A: You can try putting it in the lease. Clearly state the number of people (I believe the LPA lease has a clause.) The problem: It's hard to enforce. But that's no reason not to try it.

Published 2008-11-14

Dear Mr. Reno:
My landlord is trying to evict me based on the rent not being paid for this month (Nov). I left three message to speak with him about me having to leave the property due to financial changes and a family emergency that will make me move to Chicago to help take care of my mother. He waited till after he filed for eviction before he contacted me (the same day he filed). I have four months left on my lease (16 month agreement) and I was leaving Nov 30th. Is there anything I can do to prevent from paying the extra 322.00 in legal fees he is charging and will I be required to pay the remainder of the lease if the court rules for the eviction even though the life changing event will constitute me to leave in Dec any way?

Jem in Minnesota

A: Go to Court and talk to the lawyer- See if you can make a settlement. Sometimes they'll waive legal fees if you agree to a quick date to leave

Dear Mr. Reno:
My mother took a mortgage for a friend, it has been three years, they have not paid for 12 mths, the home is in foreclosure, but the bank is working out a deal. She wants to sue. In the state of NY is this feasible? There was no written agreement- second mistake, first was doing it. Will this be a landlord tenant thing, or another civil issue. Her credit is shot and she does not live in NY. They owe property taxes also, what can we do??

Bernalyn

A: This is happening all over like crazy. But you can't sue. It's like two people rob a bank, and when they get caught, one sues the other. Under the law, you're just as guilty for being an accomplice. Your mother could sue her friend, but she'll be throwing good $ after bad.

Dear Mr. Reno:
Back in 1997 my wife and I Technically Leased a home with a purchase option. The intent was to buy the home in a friends name and wait until our credit was rebuilt and we could transfer it over to our names. We picked out a home and then had the builder write the purchase agreement in our friends name. Our friend went and took out a mortgage in his name. Our agreement with him was to cover all costs associated with purchase and upkeep of home. His agreement was that he was the owner in name only and wouldn’t further encumber property or do anything else with it until we could arrange our own financing. The agreement with our friend was that we could just pay off the balance of the mortgage to purchase the home.

We paid $80,000.00 dollars down and have paid all mortgage payments, property taxes and insurance on said home since 1997. Well about 1 month ago we got approved for a mortgage and began closing on the home. During the title search our closing attorney discovered that our friend has put a second mortgage on the property and it is still open. The so-called friend admitted that his business is failing and he done this out of a desperate attempt to save his auto business. We have the original $80,000 invested plus the home has appreciated another $105,000 so we stand to lose $185,000. To complicate it even further our friend is about to file bankruptcy to avoid some other debts and I assume he will have to include this property as it still has a little equity in it even after both mortgages. The property appraises for $355,000, 1st mtg bal is $151,000 and 2nd mtg bal is $160,000. What options might we have? The friend is willing to do whatever he can to fix this, however he doesn’t have any financial means available. He freely admits to everything mentioned above and says he will do so in a court of law.
I don’t want to pay $310,000 for a house that I should only have to pay $150,000 for it. Thanking you in advance for any information you may give me.

Steve C, North Carolina

A: You put the property in his name, and, unfortunately, you're pretty much stuck with the results. I wish I had an answer for you. You could sue him, but you'll just be another creditor on his bankruptcy petition. I got nothin'. Sorry.

Published 2008-11-12

Dear Mr. Reno:
I wanted to rent out rooms in rental house instead of whole house.
I heard that I can write a contract with a tenant as a "guest" and not put the word tenant anywhere on contract, and won't have to go through eviction if guest doesn't pay is this true?

John Harrison, North Carolina

A: You could try that. I've seen it done successfully, but only because the tenant believes it's enforceable. Whether or not it really is enforceable, depends on the local cops. Regardless of what your "contract" says, the longer your "guest" is living there, the less likely a cop will remove him without a court warrant of eviction.

Dear Mr. Reno:
tenants moved out with lots of damage to house not normal wear and tear and without paying last month rent. What our our options in getting out money for rent? We did not have to evict them thru court so do I take them to small clams' or is there an easier way??

LL CA

A: Small Claims Court is where it's at for Landlords like yourself.

Dear Mr. Reno:
What is the law regarding tenant eviction and their possessions left behind in the apartment? If the Landlord has to store them is he responsible for the moving and storage fees? If so, for how long? Please cite me the law or Bill regarding this. I am a Realtor and would like to know the letter of the Law on this subject. Thank You. Donna

Donna Westchester County NY

A: It's not that simple. As far as I know, there's no "Law" or "Bill". It's what's called "Common Law" which evolves in cases. Procedures vary from county to county.

Dear Mr. Reno:
We were hit by hurricane Ike and I am currently a renter. I have roof damage and a hole in my ceiling and now there is mold. He has not fixed anything or even put a tarp on the roof. It rains in my bedroom. My question is. I am now moving out and he said he will not return my deposit or pet deposit because I have to give a 30 day written notice. Please let me now if I am obligated to have my money back due to a disaster.

Lonette, Houston, Tx

A: Go to small claims Court. Bring pictures. Also, you'll have to prove you notified him of your complaints.

Dear Mr. Reno:
I sublet a room in my 3 br apt to a young man. In his 3 month lease I list provisions against changes to the apartment without prior approval, public nuisance, noise disturbance, and illegal activities, etc.
He painted a wall without permission, installed an AC window unit without permission, mounted like 6 shelves pulled outlets out of the walls (intending to upgrade them he says) and last week while I was out of town my neighbor called the police at 6 am because he and his girlfriend got into a very loud fight and my neighbor stated that he could hear her being strangled. I talked to several other neighbors and they report having seen him behaving suspiciously in the alley, vomiting in the street and coming and going very late at night. I served him with a 3 day notice to vacate on friday because i think he is probably dealing drugs (he drives a jag and I have never seen him leave the house at normal working hours) and I believe he is smoking meth. I didn't want to list specifics in the notice because i'm afraid of him and his behavior is becoming increasingly alarming he went from respectable guy to total psycho in about a month(drug relapse?)

His credit check was pretty normal but im guessing a background check would have been a good idea cause he probably has priors. my question is its only the 9th and we paid rent on the 1st... Do I owe him any return rent since he breached the lease? I mean i dont know if i can prove what i suspect him of and hes talking about taking me to court for failure to show cause... im pretty sure hes out of his mind but should i worry?

Michelle, Huntington Beach, CA.

A: You are technically correct, but I'd worry about getting him out first. That should be your number one priority. It sounds like your trying to terminate the 3 mos. lease before it expires, which is a tall order. If it takes giving him back the balance of the months rent, I'd do it. If you really need to hold on to that money, you may be holding onto your tenant longer than you want to.

Dear Mr. Reno:
I have a tenant who went to month to month as of November 1, 2008. He called and left me a message on 11/9/08 saying that he would be vacating as of November 31, 2008. His rent is due on the 1st of every month which he paid on 11/1/08. His lease agreement states that he is required to give a 30 day written notice due at the time rent is due. What are my options at this point? Due I keep his security deposit? Or do I take it further?
Thanks in advance,

Travis Hargrove, Oklahoma

A: You're being a stickler. You can technically keep it but you're going to wind up in Court. Why don't you just use it for damages, if any, and give him the rest? (By the way, I'm assuming he does leave 11/31 as promised. Oh and by the way, there is no 11/31!)

Dear Mr. Reno:
The city in which I own rental property has just passed an ordinance limiting the number of residential rental licenses per block in the downtown area to 25% of all housing on each block. I think the City is trying to encourage young families with children back into the core of the City, but that is not going to happen. Most likely, it will just reduce the value of each property, as the pool of buyers (less investors) will be smaller. Do you know of any other communities which may have mounted a legal challenge to such restrictions?

Rebecca Wessman, Minnesota

A: They have and they all lost. Rental Restrictions are a form of Zoning. Zoning laws have been challenged in the Supreme Court as an unconstitutional infringement on the free use of the owner's property. Unfortunately, those challenges always lose.

Published 2008-11-10

Dear Mr. Reno:
We signed a lease agreement 3 yrs. Ago for a 1 yr lease. We were never asked to sign a lew lease. We have given a written 30 day notice to the landlord. They want to show the house while we are still living in it. Do they have rights to do this since there is not a current signed lease?

Christy Smith, Texas

A: It goes by the lease. But the lease is expired, you say, however, the terms of the lease continue, but on a month to month basis. I guess it's time to read it.

Dear Mr. Reno:
My Question is i have a friend i let stay in my basement we agreed she give me 250.00 a month the basement has a big family room and two bedroom it a finnished dasement i also do laundry in the basement but i told her that she had to move and get a real apartment because i need my space And since then she hasn't given nothing for staying in my house it has been 3months and she said she'll move out when i give har a notice to move i have had to call the police because she hates my baughter they both got at it . get u my daughter is only 15 and the lady is 26 but i have to keep them away from each other i told her if u hate my daughter just move out its not like she give me anything for living thier what am i to do?

Lourdes Palomera, Chicago IL

A: You charged her rent- that makes her a tenant. So you'll have to take her to landlord/tenant court and evict her like any nonpaying tenant. If the police won't help get her out, then the Court will. You'll just have to go thru the legal process. Sorry.

Dear Mr. Reno:
One of my tenants came to me yesterday with her mother & asked me to call for them, to try to get the mother financial assistance to help pay the rent.
The single tentant is the only one on the yearly lease, which will be up 2-28-09, & I didn't know the mother was living there. The tenant said her mother had been living there for 2 months. The mother told me she was being treated at a mental facility & would soon be on disability. The tenant that signed the lease has been a good tenant & has paid her rent on time. I have been a landlord for 25 years & have never had a situation like this. Please give me some advise. Thank you.

Carolyn Phipps, Florida

A: Here's the deal. Having tenants with public assistance is a good way of getting your rent paid- but you have to play by their rules. Sometimes, they ask you to sign papers, and included in those papers is a special lease that you're bound by. Make sure you read it. I'm not saying don't do it, just make sure you agree with what your signing.

Dear Mr. Reno:
I recently had a tenant to move out on Sept 15th for which I did not get my keys back until the 17th so I believe the law says u still have to pay each day until the person returns the key/keys. I found even though she had moved out she did not turn in the extra keys that were copied so she was still coming in the house without my approval and took the screen off the window and the only way to get the screen off is from the inside these are brand new specially made windows and when we did our walk through with her we asked her about and she went to her car and got it out. So my question is, isn't that unlawfully breaking in the house where u used to reside w/o permission?
Question 2. She had up until the end of the month to move but chose to move out sooner. This was a month to month rental. My house was left in shambles and there were lots of work that needed to be done after she moved. I still havent found a tenant. But my question is, because she chose to move out before the end of month which was plenty of time to clean and leave the house house in the same condition it was when she moved in am I entitled to pay the tenant back the last week or so in rent. I do have documents about that but would like your answer.
thank you,

Sonya, California

A: You've got a good case to keep the whole rent because she moved out in the middle of the month (It may technically be breaking & entering- but I doubt she would be prosecuted in a situation like this.) Keep the money.

Published 2008-11-06

Dear Mr. Reno:
My last tenant was the worst I'd ever had in my 9 years of renting. I finally got him out only to find he had trashed to place. Suffice to say, I only returned $276 out of $1700 of his security with a detailed list and explanation of the deductions. It was mailed to him certified return receipt within 30 days and he signed for it. It's been almost 6 months now and he has still not cashed the check. Is there a time limit he has to cash it by? I won't call him, since I wasn't happy giving him anything at all after all the trouble and stress he put me through. I see no point in chasing him to pay him. I want to put a stop on the check. Do I have any legal right to do so?

Mark in New Jersey

A: Why would you stop the check? It's his money, isn't it? If he waits too long and the bank won't clear it, that's between him and the bank. Stay out of that one.

Dear Mr. Reno:
My name is . My tenant promise me to pay the remaining $800.00 dollars rent on 15th Oct. Oct 15 come and they only pay me $500.00 and they never return my call for the $300.00. I used the court justice to submit a 5 day notice to cure or quit and same time gave them 30 days notice cause they contract expired last OCt and never answer the door or phone calls. They even have 2 dogs and contract only allowed them
1. I found out that they never pay the utilities too, The rent for Nov is due first day of the month however the expired contract states if late in 5 days they will be charge late fee. my question are the following.
1. Can I evict them for not compying for the notice the sherriff mail them for paying the remaining balance of 300 and to remove the dog.
2. NOV 1 the rent is due but contract says if 5 days late will charge late payment fee. is failure to pay by Nov1 can be late already.
3. If I evict them for non compying with the notice serve and they havent paid the Nov rent and I will evict them Nov 4, are they still responsible to pay me the whole NOV rent
4. they never return or talk to contact me, they only use the txt msg.
Pls Help, thank you

Rolando U. from Sparks, NV

A: 1. Yes on the $ (forget the dog)
2. You have to wait until 11/6 if you want to go for the late charge.
3. Yes, you are correct.
4.(you only get 3 questions.)

Dear Mr. Reno:
I had tenants moving from a 2 bedroom unit to a 3 bedroom unit because they have a baby on the way. To ease the moving process, I gave them a key so they could store items in the garage of the new place while it was being readied, and they did. I had four contractors who also had keys at the time. I collected the keys and gave them to the tenants when they signed the new lease. They later claimed that items were missing from the garage. They did not have renters insurance. They have no proof of when the items were lost, but presumed that the workers who were doing repairs and painting took their things. I am in the awkward position of asking the contractors if they saw anything suspicious or ever left the house unsecured. I told them I would try filing a homeowners claim if they paid the deductible, even though I know that my insurance does not cover the home's contents. I haven't heard another thing about the matter. I am hoping it will blow over. Am I responsible for the stolen stuff?

Charles Hill, Kansas City, MO

A: Maybe. It sounds like you may be headed to small claims court. A judge will decide if you failed to take a minimum of safeguards to protect property you offered to store. This is why they say: "No good deed goes unpunished."

Dear Mr. Reno:
I am asking a question pertaining to a property in California.

If my tenant gave me a 30 day notice to vacate on Oct 5th 2008 and has not moved out by November 5th 2008 what legal documents do I need to serve her with and what steps should I take to have her removed from my property. Shes on a 12 month lease not set to expire until March, 1st 2009.
Regards,

LPA Member Aurelio Q., CA

A: You probably should try the local courthouse. Usually, they give them out- or refer you to a website. By the way- how can you break the lease? You need some reason, no? That's the whole point of the lease.

Dear Mr. Reno:
Question: Dear John, I had a new tenant move-in on the 1st of this month. He signed a 6-month lease which includes a clause about "no illegal activities on premises". The next day, I smelled marijuana. I e-mailed him and told him marijuana use may void his lease; he replied with "That may be a problem because I do love weed, etc.". What is the quickest way to evict this tenant if he continues to use marijuana in the apt? Any loopholes short of having to go to court, prove he uses marijuana, have the contract voided and then pursue the 30-day notice rule? Thank you.

Michael K., Queens, NY

A: I don't see it happening/ New York City is the most pro-tenant Court around. You're not breaking that lease unless you have videos of him murdering people and even then it's 50/50. The best you can do is send a threatening letter and wait for the lease to expire.

Dear Mr. Reno:
We rented a house in San Fernando ca for 2 1/2 years and it was foreclosed then auctioned on July 23,2008 the new owner is an investment company. Our verbal agreement was we had 60 days to vacate the property, “but he would do what ever he could to keep us in the property for as long as possible.“ new owner went on to say that he would give us $5,000.00 out of his own pocket and would help us find a place to live and even provide us help moving”. Our situation My husband George is disabled suffering from a rare and sever muscle disease. He was hospitalized from September 2007 through January 2008, once he was discharged he required 24 hour care and because of his deteriorating health I have taken on the reasonability of caring for him during the day and a nurse that cares for him though the night

The new owner called us and asked if he could send someone from his office on Friday July 25,2008 to inspect the property (Agreed) He sent a real estate agent with potential home buyers showed up to see the house. I told the agent I hope he doesn’t do this again and she said, “ I know he’s giving you $5,000.00 to move out.”

we had a written agreement to vacate in 60 days (Sept 30th) but if out by Sept 15th , he would gives us an additional $1,000.00 and we would let him show the house with a 24 hour noticed if out on Sept 15, 2008.

Question: (Can the new owner harass us to move out sooner)? and what can I do if he has failed to give us noticed when sending someone to show the house. He also refused to give us the entire $6,000.00 I fill that our civil rights have been violated (if I can e-mail you with complete details if your interested can you advise me) Can you help us please

george santillano, CA

A: I don't get it. You say you agreed to vacate by Sept. 30. Why are you still there? Unless I misunderstood you. Are you out? If so, why don't you just sue him for the $6000.00?

Published 2008-10-31

Dear Mr. Reno:
I allowed my grandson to move into my house , to help me with my bills and we have not gotten along and he has not helped in the last couple of months . I have asked him to moved 4 times since Aug. 3 and he will not, we only had a verbal agreement how would I evict him ?

Justus

A: I've evicted grandsons before. They seem to think their grandparents' job is to support them, for some reason. The fastest way is to treat him as a non-paying tenant- like the contribution you expected him to make to your bills could have been your rent. Evict him for nonpayment. He won't fight it.

Published 2008-10-30

Dear Mr. Reno:
I'm Ramon in Georgia.I filed dispossesory papers to evict my tenants. The husband left the wife. She finally moved out on Sept. 26 2008 and the husband whereabouts are still unknown. She did not provide an answer to my papers, so I dismissed the case without prejudice after she moved. My place is trashed and I'm having to do many repairs. Can I sue her for September's rent and the loss of rent until I can lease the place again? Can I sue for repais, cleaning, and the removal of furniture and clothes she left behind?
Many thanks,

Ramon Colvin, Georgia

A: You can, but sooner or later, you're going to have to find her. I used to sue the tenant at the premises as the "last known address" because I didn't know where they lived. I would get a default judgment. But last time- the judge wouldn't let me sue them there because I knew they were out. But even if you get the judgment- if you can't find her- what good is it?

Published 2008-10-29

Dear Mr. Reno:
My tenant of two years moved out this summer. I withheld a portion of her security deposit because of damage to bushes in the front of my house. They were primary bushes and their destruction adversely impacted the curb appeal of my property and had to be replaced. She is demanding the money back stating that the bushes must have been diseased or that some other cause was the reason for their demise.

I have photography showing the state of the bushes before and after her tenancy. They clearly had been severely pruned. She contends that there were no specifics in the lease about landscaping. I contend that the bushes are part of the property and damages should be covered by the security deposit. The disputed cost is $625.

She is threatening to sue and in my state she would be entitled to triple damages should she win.
Please let me know your thoughts. Thanks,

Kathy

A: First, I assume you can show "out of pocket" expenses of $625. You'll need that but know you have the lease problem. Nothing at all about landscaping? That's a problem. One second thought, that's a really big problem. I agree that it's part of the property, but the judge may not.

Dear Mr. Reno:
I am not a property owner but I am a resident manager for a subsidized apartment complex. I have been here for a little over 2 years and know all of the tenants fairly well. A good portion of my tenants have disabilities, mental and/or physical. One tenant in particular is continually bashing the system by bombarding our tenants' bulletin board with propaganda and her own personal disagreements with the govt subsidy and such. Other tenants become disturbed and come to my office with fears of losing their subsidy or wondering if the law will soon not allow them to smoke on the property and other things that this tenant is always placing on the board. Would I be guilty of infringing freedom of speech if I took some of her things down and threw them in the trash? Can I write her up for "anything"? I'm thinking not, but she does cause anguish to other tenants, however I dont think any of them will put down on paper that she is bothering them. Do I have any recourse other than yanking down the board altogether? Bipolar, manic depressives, and those that have to keep proving they are crazy to the disability office every 6 mos are quite the chore to manage.

Terri Burke, California

A: It's very hard to police this. You let them have a bulletin board, now they're using it? By the way, it sounds like the tenant's problems are more with the government than with you. But if you're compelled to respond, post your own notice, or distribute a leaflet in response. (I wouldn't get involved, myself.)

Dear Mr. Reno:
A couple separated before lease renewal. The husband is the only one on the new lease. The wife came back and he took her in without letting me know. The wife called the cops on the husband and he is barred from entering the apartment and on top of that she changed the lock without my permission. I want her out of the apartment. What are my options?

Roberto

A: Don't get involved- just collect the rent. If the rent isn't paid- retake possession. If the rent gets paid, don't get involved. Just collect it. You can elect not to renew the lease when it's up.

Dear Mr. Reno:
When posting a 3-day notice, do you have to fill in the “proof of the service”, on the copy you post on the door and/or the copy you send in the mail? Thank you.

Katrina Bauman, Snohomish County Public Works, Washington

A: NO just do it on your copy.

Dear Mr. Reno:
I am a property manager and recently rented a vacation home from another PM company in California. The company took 8 weeks and many phone calls and emails to return my security deposit. Now 12 weeks later they have decided to charge my credit card an additional $300 to pay for a table to be refinished claiming I damaged it. There was no mention of this in my security deposit return. Can they #1 wait 8 weeks to return my deposit. #2 charge my credit card 12 weeks later claiming additional damage? Thank you

Kelly Nix, California

A: Call the credit card company. Tell them the charge was not authorized. Problem solved.

Published 2008-10-28

Dear Mr. Reno:
MY NAME IS TIM I AM FROM N.Y. I HAVE A TENNANT THAT HAS RECENTLY MOVED OUT WITHOUT A WRITTEN 30 DAY NOTICE TO ME. (WHICH WAS IN HER LEASE) SHE ONLY PAID 270.00 OF HER 525.00 RENT SHE MOVED AND STILL HAS A POOL TABLE AND A MATTRESS IN THE HOUSE SHE SAYS THAT I HAVE TO GIVE HER 24HR NOTICE TO SHOW THE HOUSE WHICH IS FOR SALE BEFORE I CAN TAKE ANYBODY IN TO SEE IT.ALSO SHE TURNED OFF THE GAS AND ELECTRIC. I HAD TO TURN THEM BACK ON BECAUSE OF COLD WEATHER AND I WANT TO KNOW IF THAT IS ABANDONMENT.BESIDES ALL THE DAMAGE TO THE PROPERTY THAT SHE CAUSED . THANKYOU AND I HOPE YOU CAN HELP ME.
PS. DO YOU KNOW A GOOD HOUSING ATTORNEY IN NIAGARA FALLS N.Y.
THANKYOU

TIM FOSTER

A: Based upon what your saying, it sounds like she's out. But she still could sue and say she isn't, so it's a dilemma. The only way to really insulate yourself from her suing you is to evict her, which sounds like a waste of time and money in this case. I would retake possession now without the eviction. It's a gamble, either way, but often life is a gamble.

Published 2008-10-27

Dear Mr. Reno:
The question is for a NY RENTAL. OK the weather's getting cold - and I now know it's the legal responsiblity of the landlord for the heater to be working, right - even if the tenant has turned off the gas(?) and then turned it back on and can't get the furnace to work.

I've had a heater/ plumber repairman and the prop. manager there every day to fix it this week - since we found out it won't light - and she was given 4 "space heaters" by the heater fellow for temp help. However - here's the best part - she is 4 months late with the rent - always promising to make it until now when I ask for at least 1500 to get almost caught up and be able to buy a new furnace.
She calls the city bldg inspector to complain and get my perfect little SFR home CONDEMNED! From what my prop mang. says she's moving out tomorrow! and glad to leave me high and dry - (even though I've been too patient with her all this time)

I think I should just let her go - and THEN get the furnace fixed and rerent...what do you suggest? I did call the NY Inspector this AM and tell him the truth about this all and he said he can't advise me. Help - from long distance landlady-

Bernice Brightbill, CA

A: Well, you said she is 4 months late- what are you waiting for? She's also obviously a pain in the butt. Get rid of her.

Dear Mr. Reno:
My name is Ron, I live in Pompano Beach FL. I have a house in Franklin NC. I am having a problem to let renter move out. It is month by month no contract. Please advice the procedure of getting the renter out my house as soon as possible.
Thank you

Ron, Pompano Beach, FL

A: When it's month to month, you have to first give a notice to vacate. In most states it's one full rental month. After that, if the tenant doesn't leave, you evict them as a holdover. Note: It's harder to evict a tenant who's current than a non-paying tenant. You may want to hire an attorney.

Published 2008-10-24

Dear Mr. Reno:
Question: I tried everything to get in contact with my landlord regarding my security deposit. I moved out over 2 months ago and he refuses to answer my calls or return my messages. I gave him my new address numerous times by e-mail, along with my final rent payment and verbally. He himself said that the apartment is in great condition and that all he has to do is shampoo the campets, yet I received no security deposit back. I have pictures of the apartment and all correspondence with him and even sent a certified letter. I filed a lawsuit yesterday. Is there anything else I can do to reassure I win this lawsuit? And can he countersue me for anything?I tried to search the forum but everything seemed to be landlord oriented. I would appreciate any information you can offer. Thank you.

Tish, PA

A: You did right. Small claims court is the forum to get your security back. You just need documentary proof that you paid it. Then the ball's in his court (to explain why you shouldn't get it back.)

Dear Mr. Reno:
We had tenants in our rental property located in Ohio who moved out January of 2007. These tenants followed the normal procedures for moving out, however when it came to the final inspection we found the home in such disrepair! We told the tenants they were forfeiting their deposit of only $250 which in no way covered the repairs we had to cover in order for new tenants to move in. In all honesty, we were so shocked we couldn’t think of what to do! We recently had a shut off notice of the water for the property stemming from those renters, which we had to pay. My question is two fold: may we sue them in small claims court for the arrearage of the water bill plus the $3,700 we spent repairing the damages to our property? Also, what is the statute of limitations for such an endeavor? (That is if we can find them). Thank you for your advice.

Bonnie K. Dobbs, OH

A: Yes, you can sue. Cause of action for water bill is based on breach of contract, assuming it was their obligation. In NY the statute of limitations is 6 years, but it varies from state to state. Damages to premises is a little more complicated. It depends what the lease says, and if it was intentional. It could be a negligence case (usually 3 years). To be safe, you have at least one year on all claims, so file before 12/31/08. Get going.

Dear Mr. Reno:
Can advertising and lease document contain language such as "Security Deposit is refundable minus a cleaning charge and/or cost of any damages"? Thank you.

Kay McGough, California

A: Yes, but in the lease, you should specify the amount of the cleaning charge or it won't be enforceable.

Published 2008-10-23

Dear Mr. Reno:
Hello, My name is Tamica and I am a resident of St. Louis, Missouri.
My home was foreclosed on in January without my notice. My mortgage company told me they would give me time to sell my home and they didn't. The person who purchased the home was upset that I would not sign an agreement to pay rent to him if I did not move in 30 days. He did not get an eviction against me and locked me out of the house and threw all of my belongings away. He claimed that I had abandoned the property, but he never posted anything on the door. I have been told by attorney's that I have a claim against him for unlawful eviction, but what is the statute of limitations in Missouri on this?
Thank you

Tamica R

A: Construction eviction is what's called in the law a "tort" like an assault or a theft of money. In NY the law for intentional damage to property, statute would be one year. You've probably got a year, at least, maybe more. (Just get it done within a year.)

Published 2008-10-22

Dear Mr. Reno:
I RECENTLY MOVED INTO A HOME IN UTAH. WELL 3 MOS AGO. WE HAD A FLOOD IN OUR DOWNSTAIRS. THE LANDLORD TOOK 72 HOURS TO COME N REMOVE CARPET ETC....WE HIRED A FLOOOD RESTORATION PERSON TO CHECK WALLS ETC FOR MOISTURE AND HE SAID WALLS WERE WET N NEEDED TO BE REPLACED AND CHECKED FOR MOLD. THE LANDLORD REFUSES TO HAVE IT DONE PROFESSIONALLY. WE HAVE CHILDREN WITH REALLY BAD ASTHMA AND TOO RISKY TO HAVE EM LIVING DOWNSTAIRS WITH WALLS THAT HAVE MOLD. CAN WE BREAK OUR LEASE?

DEE HEINY

A: Another "mold" question. The question is, if the landlord takes you to Court for breaking the lease, can you prove that the mold rendered the home "inhabitable"? It's not easy. You may need an expert to back you up. (Maybe you could talk to the landlord and mutually agree on a move out date?)

Dear Mr. Reno:
I have a 3-flat. I rented one of the units to 2 tenants. I signed the lease but the tenant held the lease for her roommate's signature. They will not give me the lease because they said they don't like the apartment. I offered to terminate their lease but they refused. The second month of their tenancy the P-trap under the kitchen sink broke while I was away for a week. I made the repair upon my return. The tenants paid the rent 3 weeks late and withheld $200 for not fixing the sink sooner. They refused to pay the late fee. I have not cashed the rent check. I would like to terminate their tenancy. Do I give them a Notice to Quit in 30 days and then post a 5-day notice? Thank you for any help. In 15 years I have never had a tenant problem in this building. Sincerely,

Nancy Erikson, Illinois

A: Yes you give the 30 day- But there's a problem: You signed the lease- if they sign it, won't you have to wait until the lease expires?

Published 2008-10-21

Dear Mr. Reno:
If a tenant moves in and 3 months into the lease they complain about bed bugs, who is responsible to pay for exterminating?

Jorge Matos, In the state of Massachusetts

A: The landlord, unless the lease says otherwise. Sleep tight (well, you know the rest...)

Published 2008-10-20

Dear Mr. Reno:
I’m a tenant who paid my rent on the 6th of September. I received a 3-day pay or quit and a 3-day pay or perform covenant on the 11th due to a return check. I checked with my bank because I knew I had enough money and the check was not returned and until now still has not been presented to the bank. I tried contacting the leasing agent everyday until someone gave me a call which was on the 17th asking for a copy of the returned check because my bank doesn’t have a record of the check.
To make a long story short, I received a copy of a ledger from the leasing agent 21st showing a charge but did not receive a copy of the check and I gave them a cashier’s check for rent, late fees and return check fees and got a receipt.
On the 23rd I received a letter from the leasing office with my cashier’s check stating that they are not accepting payments on my account because they are in the eviction process, which I go to court on the 23rd of this month.
1. Are these grounds for eviction?
2. What is the best way of showing that I tried to get this resolved but I was the one being put off by the leasing agent.
And by the way, last year this time he tried the same thing but it didn’t have anything to do with a return check it was his mistake.

G.C. from Ca.

A: You should beat this rap, but I have a question. You say you "paid." How did you pay? Mail? Can you prove it? Otherwise, bring the cashiers check to Court; if you can't prove you sent the other check, you can tender the new check.

Dear Mr. Reno:
I have a question I hope you can answer for me.
I love in Utah and have been in a year lease since Oct. 4, 2007. My lease is up on the 31st of 2008. I just found out today from the property manager that the owner isn't renewing my lease and wants me to move out so he can move in.
What are my legal rights as far as time is considered for being out- don't they have to give me 30 days notice even when I'm in a lease agreement? Any advice on this subject would be appreciated and very helpful.
Sincerely,

Rebecca Salleh

A: I believe you are correct although I recently had an agreement with an apartment building lawyer. He says if the lease is up on 10/31 he can evict on 11/1, but I disagree. The landlord should have notified you prior to 10/1 to leave by 11/1. You could go to Court to find out who's right..... or make a deal. Tell them you'll pay the rent on 11/1 and leave 12/1. They don't want to go to Court any more than you do.

Dear Mr. Reno:
Greetings,
If a Multi-Family or a Large Commercial Rental property is a Trust Property (In Trust) and the rents are paid to the Trust via the Trustee, Can the tenant (Occupancy Agreement not a regular lease) claim a portion or all of the rent paid to the Trust at the end of the year (1040). Thank you.
Best regards,

Edgard

A: I don't believe so, but you really need to ask a tax guy.

Published 2008-10-16

Dear Mr. Reno:
My name is Brienna Wilson i live in Reno, NV and I am being evicted by my roommates whose father own the house they gave me until december first and i wanted to know what my rights are because we dont have a rental agreement.

Brienna Wilson, Reno, NV

A: Usually it's 30 days notice. I hope you didn't think having no rental agreement means you can't be evicted. They gave you 45 days. Why would you want to stay past Dec. 1? When do you want to leave? Sometimes, these things can be negotiated.

Published 2008-10-15

Dear Mr. Reno:
Could you advise if there are any circumstances where you can move a tenant’s possessions out of the property and into a secure storage facility without following the state’s normal evictions procedures? I have a tenant who has stopped paying rent and just discovered he is a convicted registered sexual offender who also threatened and assaulted me earlier this week. I am now too scared to go back to the property and equally scared of what he will do to the house if I press charges. I have a clause written in my lease that I have the right to enter and remove property to a secured location etc. but friends are telling me not to do it. A pay or quit has been filed.

Susan, Virginia

A: Your friends are right. What you are contemplating is called "constructive eviction" or sometimes "self-help". It's illegal, unless that creep leaves voluntary, you'll have to evict.

Dear Mr. Reno:
I have a roommate that isn't paying rent. How can I go about evicting that person?

Netta, Texas

A: It's basically the same eviction procedure- but the tricky part is when you have to particularize the area that your evicting him from. Sometimes when it's one particular room, I have to attach a floor plan to the petition so the sheriff of marshall knows which room to clear out.

Dear Mr. Reno:
I have a couple and two children who signed a one year lease. In the second month of their stay, I received an e-mail from the wife on the 16th of September that the couple was splitting up and they were giving their notice that they were breaking their lease, and would be out by the end of September. She apologized and said that she wanted to let us know to make sure that we got it re-rented quickly. I e-mailed back and said we would set up a date on the 30th to get keys and remotes back and reminded her that power and water needed to remain on through the end of the month. The wife was the main contact from the showing, to the signing of the lease, and even when the second month's rent check was late.

On the 30th of September, the wife informed us that they were going to move what they could of her husband's belongings to the garage since he was out of town on business and would be back on the fourth to come and collect his items. She told us that he wasn't even answering her phone calls or returning her messages. She also said that her son and the father were moving into an apartment together. Late in the day on the first, after no phone calls from the wife to return the keys, we checked the house, which we found had no power and had some items of her husband still left in the home. The house was filthy and in major disrepair from their moving, and we found out that the power had been off for a week already.. The wife sent a friend that day to collect the remaining items that she was unable to move out in time and returned one garage remote.

We got to work cleaning the filth and getting it into shape to start showing the home to try and get someone in for October. The locks were re-keyed, and we took the remainder of the husband's belongings and placed them in the garage thinking we were making the move a little easier for him, and making our cleaning easier as well. They had a garage code and the second garage remote to gain access to collect it. On Oct. 4th, the husband called me and said he was flying back into town and would not be able to get his belongings until the 5th. I told him he could have up until the 6th, since we needed to start showing the home again.

He claimed that his wife had just told him all of this four days before, and that she would not give him my phone number, although my name is on the lease and I am listed in the phone book. October 5th he called again to say that he would be over on Monday the 6th to get his belongings and then started saying that for all we knew he had intended on staying in the house and that we should not have re-keyed the house. I told him that his wife had told me that he and his son were moving into an apartment together, and he even agreed in this same conversation that they were, and that I had not received a rent check on the first as stated in our lease to reverse any written notice of intent to move out.

This has turned into a weird situation, and now he seems to be turning the tables and saying that we did something wrong by re-keying the house. I had notice of intent to break the lease and move out, and didn't think I needed to call each tenant on the lease to verify this.

Please advise. Thank you.

Jennifer B., Florida.

A: I believe you're covered- don't lose that notice from them. The only question is- did they move out, or did you move them out? It's a grey area- but they turned off the power, so I guess you could reasonably have assumed they had left. I wouldn't lose any sleep over it.

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