Theoretically, if he somehow proved we had an animal (we did not!), how does that effect the above?
Thank you for your time! -

Mary L. Washington State

A: A pet only changes things if its in violation of the lease. Is it? If you don't think the carpet charge is reasonable, then challenge it. That's what small claims is for.

Published 2008-08-09

Dear Mr. Reno:
I have a property management company,,,,,,,,,,the landlord that I had as client started not taking care of the tenant need, went it was out of the management hand example
1. Not properly rehabbing homes to code
2. Not responding to mold problem
3 Not allowing me to use license contractors…………….but jackleg he hire
4.Not commutation with the management COMPANY WHEN IT WAS A PROBLEM
5.Not providing proof of ownership for newly purchased home…………..which cause the tenants to ne held liable for past ulities bill
6.hiring another management company without cancelling our company,,,,,,,,,,,,,,,,lying about services transactiom of business mattere
As of the 5th of august term in a letter of dismissal of my management services…………….i sent him and letter and he has know responsing…………..what do I do know to protect the tenant and myselk.

Ms johnson Michigan

A: Sorry, I don't get it. Protect you and the tenant from what, exactly?

Dear Mr. Reno:
Mr.Reno: I am a Landlord and after many years my Renter is starting not able to pay rent on time and I suspect this is going to lead to an eviction. As I have no experience in such matters I need Help. You also are a resident of Long Island so I would appreciate your advise. Thank You

Al K., Calverton L.I.

A: Call (631) 667- RENO (7366)

Dear Mr. Reno:
My landlord died and the lady who kept house sold it and I never had a lease, I lived there for 2 ½ years so new people bought it and now they send me a letter from their lawyers that I have until October 1 to vacate. What happens if I don’t find a place close by sons school and once I put him in school I can not take him out. Would they give me more time or I need to go to court since im a single mom and is a burden for me looking for new places at this time. Also I gave my landlord a money order for security deposit and I would like that back. Also, the ceiling on my sons room is falling because too much rain and I have told the new owners and he keeps saying , Yes I will fix that Tuesday and nothing happens.

My name is Giovanna and I live in New Jersey

A: They're giving you until October 1. If you really need more time, keep paying the rent. You can usually get 1 or 2 months if your current. (Also, the new owners are responsable for the security- but you'll have to prove you paid it.

Dear Mr. Reno:
At move-out, my tenant's hired truck (hired driver) damaged the roof of carport of the condo (carport is Limited Common Element of the Association). There were witnesses and member of the Board was present at incident. Tenant called me to report, and I called into Managing Agent to report; however, there was no follow up or any communications to me (snail mail, email or phone) from the Board or Managing Agent for over 4 months. Then, I rec'd the repair bill from the Association for $423, demanding that I be responsible for the bill. I've sent the bill on (in writing) to prior tenant's last known address (what she gave me as her new address), and has also emailed her, but she has not responded and my ledger with the Association still shows this debt. How to address this issue? Should I be Calling the prior tenant? Was the Association negligent for not giving me notice and doing the repairs "promptly" per the CCR's? Should the Association should have file an insurance claim first? Should I pay up and then seek small claims against prior tenant? Thanks so much!

Mary Ong, Washington State

A: Pay up, and then seek small claims against prior tenant. Bingo.

Dear Mr. Reno:
Our tenants want out of their 2yr.fixed term lease 2 mos. early. We haven't been formally notified in writing,however, they did call and ask if something could be worked out. Our contract is specific (purchased from The LPA ) and they will have to honor their contract. However, now they are claiming petulance problems. We are responding w/in 24 hrs. to have this matter addressed. Are they able to get out of their lease due to problems? Thank You,

Eleanor, Calaveras Co. CA.

A: You don't have to let them out early. If you want to play hardball, that's your perogative.

Dear Mr. Reno:
what is the policy when a tenant refuse to repair a damage dish washer when she moves from a MTM Lease? She benefited from this appliance for 2 plus years. Thank

Robert North Carolina

A: If the lease says the tenant has to maintain the appliances, then you can deduct it from the security.

Dear Mr. Reno:
have a question about a tenant lease. The lease is no longer valid or in place. (Time expired) This tenant has a lawsuit pending against us for tripping, although the insurance co. has ruled we were not at fault and construction issues were satisfactory. This tenant is late every month. I would like to ask to vacate, but legally I want to be with te right format. How is the proper way to handle this??? Please advise.

Robert Osborn

A: Serve a 30 day notice. If they ask for a reason, say it's untimely rent payments.

Dear Mr. Reno:
I want to sue a former tenant for money owed in small claims court. I do not have home mailing address but I do have his place of work. Can I use it instead of his residence?

Robert F., North Carolina

A: Use his residence as his "last known address." If he didn't have his mail forwarded, that's his problem. (If the Court insists on personal service, you can serve him at work.)

Dear Mr. Reno:
I'm a Realtor trying to sell a property before it forecloses. The owner has lived in the property with her daughter. Her daughter had invited some homeless friends to stay a couple of weeks, and now it is been a year or more. The mother could not stand the noise and confusion, so she has temporarily relocated to another place, but still has all her furniture, clothing, etc. in the home. The place is a dump! The daughter has given her mother notice, since she has a preemie baby, and the gas, electric, and water have been run up so high, the Mom & daughter could not keep them up. They use gallon jugs of water and run a gas generator. The home is also near foreclosure, since the squatters have never paid rent. It's listed for a "short sale".

We showed it once, with the result of being accused of "invading their privacy" (the squatters). We tried to show it again, and the squatters said we had to give them 24 hour notice. The police were called both times. They handed the police a forged letter, saying that they had a right to rent there for $300/month (payments are $2400/mo). It was "signed" by the owner's daughter. She swears she never gave them such a letter. Since Fresno, CA Police are not well informed about tenant law, they said just keep giving them 24 hour notice. They have removed my "For Sale" sign from the yard. Now they do not want to let the owner or her daughter back in. They say they have sole possession, under the forged letter. Can the owner make a "citizens arrest" for forgery? Can I report theft or vandalism to my sign that has been removed? Does the owner or her daughter have to comply with a 24 hour notice to enter her own home? If so, can the contents be reported as theft? After 37 years in real estate, this is one of the most puzzling events ever. ANYTHING you can suggest at this point would be helpful.

Vic P., California

A: I'm looking into my Crystal Ball. I see the bank foreclosing and kicking everyone out, including the owner. The owner could still evict them now, but she would need a good eviction lawyer and it doesn't sound like she has the stomach for it. I don't think you can wage the war for her.

Dear Mr. Reno:
Gave landlord notice via certified mail that I was moving (no lease for the year). Told landlord to come to house to do walk through and talk about the deposit(1400.00) landlord refused and told me to put the keys in the mail box. The next day which was my last day as per my notice I had until July 2 th 12:00am. I sent a worker to finish re-installing a fan and the landlord had changed the locks. We could not get in to the property and he put out my vacuum. He does not want to give me any of my deposit money back. (I even painted the house) I can’t imagined where 1400.00 of damage was done. I want to sue him for the deposit and the illegal lock out . Can I win??? ) I have photos’

Maribel V.

A: You've got a shot. One problem is that usually you have to leave by the 1st- not the second. But the landlord still has to prove damages to keep the security. Can he?

Published 2008-08-05

Dear Mr. Reno:
Tenants are about to renew their lease after one year Do we have to renew the lease with everyone that signed the first lease or can we just have mom and dad sign the lease for the second year. 2 of their kids are problems 18 year old has no job has gotten girl PG on probation lives in our rental on and off with mom & dad. 21 year old (no Proof ) but mom says thinks she smokes weed has no job lives with mom & dad and has boyfriend in when mom & dad at work. Both have broken our rental/ lease agreement many times.

Do we have to put their name on the lease for a 2nd year? What do we have to do to get them out of our rental?? Mom & dad are good dependable renters never late with rent.

Lila, California

A: You could insist on that, but don't see the point. They're not gonna kick their kids out. And if they're there, they might as well be on the lease; its two more people responsible for the rent

Dear Mr. Reno:
I WENT TO GEORGIA FOR ABOUT A MONTH WITH MY BOYFRIENDS KNOWLEDGE. HE NEW THAT I WOULD BE RETURNING. WHEN I GOT BACK HE HAD CHANGED THE LOCKS. WE LIVED TOGETHER FOR ABOUT TWO AND A HALF YEARS. IT IS HIS HOME BUT ALL OF MY BELONGINGS ARE STILL IN THE HOUSE INCLUDING FUNITURE. WE NEVER OFFICIALLY BROKE UP AND HE DID ALL OF THIS WITHOUT MY KNOWLEDGE. WHAT ARE MY RIGHTS?

DEBORAH/FLORIDA

A: You have the right to reenter, if you want. Contact the local police. They'll escort you back in.

Dear Mr. Reno:
In October of 2007 I moved to Valley View Apartments. In the process of signing my lease the Apartment manager was also updating all applications. She had copied my information for me so I just had to sign it. Around November she was fired. Then in May of 2008 I was evicted from my apartment for falsifying information on my application. Being a single mother and also disabled I could not afford and attorney. I was forcibly moved out by inmates of the Jackson County Jail. My mother also lives at Valley View Apartments. I have seen the apartment manager several times since my eviction and we have spoke with no problems. She knew how close my mother and I are. On July 19, 2008, this same apartment manager along with three police officers knocked on my mother's door asking for me. The manager told my mom that I was banned from the property and she had received information that I had been visiting her. They searched my mom's house as well as all over the grounds of the complex. They even went to the extent of knocking on other tenants doors. I wasn't there but my mom did call me and tell me what was going on. As crazy as this sounds it's the truth! I have never been told nor have I any papers saying I am banned from the property.
My questions are ....
1. Was I evicted unjustly? And
2. What are the laws pertaining to banning someone from an apartment complex?
Thank you in advance for your time and consideration in this matter.
Sincerely,

Tina M. B., Alabama

A: As a general rule, the landlord can't tell the tenant what guests (or family members) they can have in their apartment. So even though you were evicted from your apartment, that doesn't "ban" you from her apartment. But beware of one thing: Apartment complexes have very strict leases and there may be a special clause in the lease that gives the landlord special powers in this area so you have to watch out for that

Dear Mr. Reno:
I am the rental agent for a couple that lives in Arizona for their properties here in California. The Tenants in one property is constantly late with their rent and are presently behind two months with their rent. It has recently come to our attention the they have taken out the existing carpet and replaced it with cheap laminated wood floors. They have also taken out all the cabinets but one in the kitchen and placed them in the back yard where they are subjected to the weather. All of these actions were done without permission from the Owners.

I gave them a 3 day notice to pay or quit and then a 30 day notice to terminate tenancy. It has recently come to my attention that because they are month to month tenants, but have been their longer than 1 year, I must give them a 60 day notice to terminate. One questions is, do any or all of the days after I gave them the 30 day notice count towards the 60 days?
Because there is vandalism involved, do we still have to wait the entire 60 days?
Thank you for your time.

Trip Wingfield, CA

A: Notices to terminate are very technical and everything is construed in favor of the tenant, so if you are serving a 60 day notice, your 30 day notices is null and void and you have to start all over. But here's the good news: If you evict for non-payment, you don't have to give 60 days, not as far as I know. Your the 2nd person to write in that thinks they still have to wait 60 days- even on a non-payment? I can't believe that.

Dear Mr. Reno:
My sister and her boyfriend are due to move into their rented house this weekend (July 26th-27th) They have a signed lease and have given the landlord $600.00 + deposit for the rest of July. The landlords soon to be ex step-daughter currently lives in the house. Apparently she has a lease through the 30th but said she would be out by the 20th so that they could move in. Now because she says the closing on her new house has been delayed she is refusing to leave. My sister and 16 and 11 year old nieces who has been living with my parents have to delay getting their belonging out of storage another week. Their rental on the storage unit is up on the 27th at midnight and they have no where to put their belongings. My sister’s boyfriend is supposed to be out of his apartment on the 25th. He will no longer have a lease at that point. Is there anything they can do at this point to get her out. The landlord has served her with a 3 day eviction. Everyone from the landlord to his soon to be ex-wife who is this girl’s mother, to my sister and her boyfriend are telling her she needs to get out. If there is nothing they can do to get her out can they sue her for money lost and extra money that will have to be paid out for storage and to stay in his apartment until she finally leaves. Any advice you can give us would be greatly appreciated.

Kellie A. – Westminster, Colorado

A: First: READ THE LEASE- Many lease specify the ramifications if the landlord can't deliver the premises on time. Second: I would forget suing; start looking around. If you find another place, you can probably cancel- By then, she may be out.

Dear Mr. Reno:
Tenants were behind in their rent for two months, (lease ended in Sept.)after speaking to them and them not knowing when they would have the monies, my husband requested that they leave at the end of the month (June). They did, are we entitlted to sueing for back rent along with the remaining two months rent that was left on the lease. Thank-you for your time.

Donna R., living in upstate New York.

A: Yes you can sue for the remaining two months except not if you immediately rerent and lose no rent. Also, did your husband agree to let them leave early? The situation is a little vague on that issue.

Dear Mr. Reno:
My girlfriend and I live in an apartment where we have been growing potted tomatoes just outside our door with the permission of the property manager. We came home yesterday to find the tomatoes had been sprayed by the new property manager who was spraying for other weeds. He denies even spraying yet when we asked for the MSDS sheet he quickly showed us the spray-liar-jackass- anyway. Not to turn this into a major issue but can we be compensated for his destruction of private property? Also, don’t they have to notify us of chemical spraying in advance? Thanks for your no nonsense approach. .

James from Colorado

A: This sounds like a Judge Judy case. You could go to small claims court. I don't know how much to sue for. What is the value of ten tomatoes? Judge Judy has spotters at the local small claims courts. You could end up on TV! (Your landlord won't be happy.)

Dear Mr. Reno:
I have leased my property with option to purchase on a 12 month agreement. Asking for option money of $3000. Contract states non refundable if right to purchase not excised. Tenant has always made late rental payments since moving in March. I have never charged her the late fee that contract states we have the right to. Now that Tenant didn’t want to pay rent in June because she said we didn’t make repairs. We needed to give her a 3 day Pay or Quit Notice at end of June on the 27th. She gave us 2 checks; $1000 and $200 on other. The smaller amount was never cleared at the bank; tenant told us that she would have money the next day, but didn’t. Never did and after many attempts to talk to her, the next month came around. On the 27th when we collected those checks, we installed a dishwasher. Prior to that we have hired repair men to go and fix things such as electrical sockets and install light fixtures, things that were very important... She wants us to remodel bathroom, but this isn’t on agreement anywhere, the bathrooms are in working order with fresh paint. I have investigated and found out that tenant has right to withhold rent if home is inhabitable; this isn’t the case for this property. On July 15, we gave her another 3 day Pay or Quit Notice. She didn’t call us, so we filed an eviction judgment at the court on July 18 with a court date of Aug. 7. Two days after being served with the court complaint and summons, she left me a message that she has all past due rent including 2mos late fees and check return fee. If I accept her past rental payments, does this mean our lease agreement is to be reinstated, and should I continue to rent to her on a monthly agreement instead? What about our eviction court date? Does accepting money from her amend the eviction judgment? If she is late again next month, can I still try to evict her then?

ALICIA B., Oregon.

A: Nonpayment evictions are the quickest fastest lawsuits in the Court's, but they only work if there's no payment. Tenant pays... Case closed. (You can't refuse payment.)

Dear Mr. Reno:
I own a 35 unit Mobile home park in Arkansas. Six of the units are owned by private parties. One in particular, has been abandoned by the owner and they have not paid any space rent now in the past six months. They will not return any calls now, but in the past have left messages that they have sold the unit to some person that is supposed to call me to make arrangements to move the unit out of the park. I do not believe that this is true, because the power has not been changed out of there name. I know this because the local power company would call me before any changes take place. In Arkansas, any rent over 30 days late can be considered abandoned. What can I do? Thank You,

Steve C., Midway, Ar.

A: You have to commence an eviction, exactly as you would if they were there. They'll default, you'll get a warrant. Case closed.

Dear Mr. Reno:
Can I get my unpleasant roommate's name off the lease we both signed? I live in the Town of Oyster Bay, Nassau County. Best Regards, .

Marilyn M

A: Only if everyone else on the lease agrees. Otherwise, no, you can't.

Dear Mr. Reno:
Tenant is on month-to-month at this point as the original lease rolled over. They gave notice they would be moving out as of June 1. Their settlement keeps getting pushed back and pushed back. Now they are telling me they need ‘one more month.’ I need to know if it’s worth filing eviction so that they have to make temporary arrangements if their settlement falls through again or if PA requires strict grounds for eviction other than ‘they’re going back on their notice to leave.’ Thanks very much,

Beth S., Pennsylvania

A: If its "month-to-month" you don't need a reason. You can end it, anytime now. But I have one question: Why are you evicting these people?

Dear Mr. Reno:
We moved in to this apartment this April 2008. Yes usually we pay the rent late for only a couple of days but less than a week. We always pay the late charge. This July we are really late and we can pay it this coming Friday 08-01-2008. Are they still going to evict us ? Isn't it that if you don't pay the rent for 3 months then yes they can evict you. What should I do . I don't know the law here in reno nv. Thanks.

Reno NV.

A: Pay the rent ASAP or start packing. Those are your two options

Published 2008-08-01

Dear Mr. Reno:
Do I have to return a deposit if the tenant failed to live out his lease. They left the place clean. This is the second time I have ask you this question. Please send answer soon as possible. Thanks.

Betty W., Oklahoma

A: The only situation where you would have to return it is if you immediately rerented, at the same or a higher rent, and collected all your rent for the balance of the lease term. In that case, you had no damages due to the breach of the lease and may have to return it (unless yor lease says you can keep it.)

Dear Mr. Reno:
Can a tenant breaks their lease for fear of a foreclosure OR stop paying rent b/c they were served with attorney paperwork for the landlord?

Howard Peña

A: That's a common mistake tenants make. A landlord can still evict a tenant for non-payment even if he's in foreclosure right up to the day of the foreclosure sale.

Dear Mr. Reno:
We had a tenant that notified us they were breaking their lease. They notified us short of 60 days on a periodic year to year that started in Dec 07. I kept their security deposit as their complete financial obligation due to the fact they broke the contract. I did return the pet deposit to them even though we had to treat the yard and spray for fleas inside. They feel that we should return the deposit due to the fact that there were no damages. What are my choices? Thank you,

Lisette W.-FL

A: They may have a legitimate claim for their security back, however, if they broke the lease and you lost rent, then you'll have a counterclaim that may be more than their claim.

Dear Mr. Reno:
I recently entered into a 1 year lease agreement at an owner operated apt complex. There were many things wrong with the apt including broken blinds, missing screens, rust in the icemaker and water leaking into the fridge. I made a list of items and gave it to the assistant manager. They complained about the list initially, but did get most of it done. But then, to my surprise, there was a letter on my door stating that I am asking for a perfect apartment which they cannot provide and are canceling the lease at managements discretion and I have 45 days to vacate. There are no provisions in the lease that the management can cancel or terminate the lease.. only for nonpayment of rent. Is this legal and can it be enforced.??? Or are they scaring me and trying to get me to shut up and accept the apt as it stands. Thanks for your help

MS , Indiana

A: You're there for one year. That's the whole point of a lease. They're bluffing.

Dear Mr. Reno:
I have been informed one of our tenants husband is presently in jail. B and E. Do I have grounds to evict this individual? He will be getting out in September. Are there standard crimes that allow landlords to evict tenants. Thanks,

John, Cincinnati, Ohio

A: No, you can't evict someone who's in jail, unless Ohio has something special, but I doubt it. As long as the rent is being paid, he could be on death row, and he'll keep his apartment.

Dear Mr. Reno:
Thank you so much for your timely response to my last question. This is not a burning issue, but I wanted to know if you think I should automatically have locks changed each time a new tenant moves in. And if so, should the new tenant pay for it, or is it a cost I should bear? Thank you,

Caroline

A: It's commonly done, but I don't personally see the need. They might be robbed by the old tenants, but they have a better chance of a twister flying the house to Emarld City. Anyway, if you're going to do it, you'll have to pay for it.

Dear Mr. Reno:
If a property is held by a Trust, and a sister has lived in the house all her life (with mom and dad until dad died and mom entered nursing home), how do you evict her? She has never paid rent and has only recently begun to pay utilities. Thank you.

BARB E.

A: Unless she had a "life estate", the trustee of the trust can serve her a Notice to Vacate, the same as a Tenant after the lease expires.

Published 2008-07-21

Dear Mr. Reno:
I have sent a letter to the husband of one of my current tenants (per his written request) stating: "This will absolve all of your rights of tenancy and the obligations you now have for future payments of rent at this address." I had reservations about doing this, however both he and his wife requested it. Now the separation has ended and he wants to move back in. What should I do?
Thanks,

Rhea

A: It would be nice if he would sign a letter saying that the prior letter is rescinded and he will be responsible again, if he won't there's not much you can do. You agreed that she was the lone tenant and now he's her guest.

Published 2008-07-18

Dear Mr. Reno:
My current tenant called and explained that he and his girlfriend were breaking up, and they inquired as to whether or not I would allow them to move out and terminate the lease. I am inclined to do this as they have been trouble from the beginning and are always late with rent payments. Five months remain on the lease. They paid $650 initially as a security deposit. I have verified that there has been no damage to the apartment.
Should I return this money, or can I tell them I am keeping the security deposit because I am allowing them to move out and I must seek a new tenant immediately. I doubt I will be able to collect any further rent. They are proposing giving 30 days notice immediately. What do you think?
Sincerely, Paul Theroux,

Manchester, New Hampshire

A: Tell them you'll cancel the lease, but they have to give up their security.

Dear Mr. Reno:
I wrote you back in May, and you responded back to me in your May 31 group of letters to "Ask the Attorney". Your last sentence asked me if my lease specified re-rental expenses.

My lease is the LPA lease, and under "Item 25" which talks about DEFAULT, the sentence I hope to protect myself with, if necessary, specifically says this:

"Tenant shall be responsible for Owner's cost of re-renting. Owner's cost shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting."
So, am I correct in my thinking that I am covered for deducting the $1200 fee I paid to an agent to advertise on the MLS to get my place re-rented? Also, she had moved out without a written 60 day notice--though I accepted her email notice of April 28th and luckily got it re-rented on May 17th. Otherwise, she would have been responsible for any other fees to get it re-rented, and it may have taken more than the 60 days had I not used my agent and the MLS--I actually saved her some money by getting it rented earlier than the 60 days she was responsible for, correct?

However, today she sent me a certified letter asking for her deposit back, and had someone call me last Friday and threaten me. Please help with a timely response. I am planning on sending back a certified letter referencing Item 25 of the LPA contract.
Thank you again--your comments are greatly appreciated,
Caroline

P.S. Did I also mention that she is an agent, and she actually earned part of the same commission I paid to my broker the year before for finding her as the tenant? As an agent, she split the $1150 broker/MLS fee, so she actually earned $575 when she moved into my place! And now she's complaining because I used the same method to find a new tenant when she moved out? Please advise as soon as you can.

A: You seem to be on firm ground. I'm sure your response will be fine. Item 25 speaks for itself.

Dear Mr. Reno:
I am a landlord. Recently my community officially became a 55+ community. I had owned my 2 homes for three years and I was renting to anyone who was 22+ during that time. Now I have been told that the rule is that one person in each home has to be 55+. Those renters are impossible to find during the summer. It is forcing me into foreclosure. Do I have any rights?

Lynda Logan

A: You are out of my area. But I'm curious, if it's so hard to find tenants, why did the other members of your community vote for this?

Dear Mr. Reno:
Our rented house is on the lake and our boat is docked there. The tenants want to use our boat occasionally. Legally we're liable for any damages and the insurance would deny any claims... Is there any way we could allow them usage rights without liability? Thank you.,

Lisa - Worcester, MA

A: Not in this universe. Tell them you asked the insurance company for permission- and they said "NO".

Dear Mr. Reno:
We live and have a rental home in California. My current tenant is my sister, we are in the process of evicting her, as she has not paid rent in several months. She elected to take us to court. What can she use as her defense to avoid eviction? The home was just remodeled before she moved in and in very good condition. Thank you for your help!

Jeff & Cathy Bye

A: The 2 most common defenses are that the premises are uninhabitable or that she paid. She'll say "I paid that rent... but just incase I didn't... then there's NO HEAT!"

Published 2008-07-15

Dear Mr. Reno:
I operate a mobile home park using tenancy at will. I realize I have to give 60 day notice for eviction for no cause. However the other day I had an assistant judge who was filling in for the regular judge rule against me for dispossessory due to non-payment. She said it was tenancy at will so I had to give the tenant 60 days before I could file for dispossessory. The rules the tenant signed plainly state she has 5 days to correct problems or be evicted. The notice was given then the dispossessory warrant was secured after those 5 days. The other judge has been allowing me to operate like this for the past 11 years. So is the assistant judge right?

Paul Drawdy, Georgia

A: I've never heard of it. 60 day notice for a non-payment proceeding? That would mean you have to lose 2 months rent before you start? It can't be.

Dear Mr. Reno:
I have a tenant who did not live out his lease, he left the place very clean, and has rent paid up through this month, but just moved out after I found someone to rent the place. Can I keep the deposit because he did not live out lease, or am I required to give it back. thanks,

Betty, Oklahoma

A: You can keep it if you lost a month between tenants, otherwise, you can't.

Dear Mr. Reno:
My prospective tenant who was going to rent my 23 acre farm gave me 1/2 the deposit in advance of signing a lease. She was supposed to sign the lease on June 8 to move in on July 1. In the meantime, I signed a lease for a house very close to my job and paid a $1,050 deposit.
The young woman got upset when I was pressing her to sign the lease because she wanted her friend to co-sign and pay part of the rent. I refused because the friend had no credit history. Prospective tenant and friend brought their two horses to my property the first weekend in June. When I demanded that the young woman sign the lease alone, she stopped payment on the deposit and sent two men onto my property without permission and took the horses. I lost my $1,050 deposit for the house I wanted to move to.

Do I have a prayer of getting back the check that she stopped payment on? Do i have a glimmer of hope to recoup any of the $1,050 deposit that I lost?
Thank you for your answer.

Peggy Gunter, Maryland

A: Probably not. She never signed the lease. The proper procedure is the tenant signs the lease and gives security & pay the 1st month before they move in. No lease, no contract. (No Ticky- No Shirty.)

Dear Mr. Reno:
I have a tenant who just renewed his lease. They have lived in the rental house for four years and we have never increased the security. My husband and I told them that with the new lease there would also be an increase in the security to match the new current rent. The tenant agreed verbally. Unfortunately we neglected to put that in writing as part of the new lease. For four years we have had an excellent relationship. They have been late several times and we never charged them late fees. We have a 15% fee in the written lease. She, not he, came to pay the rent on July 1st and did not have the increased security. She said they can not afford it and it was not written and therefore we do not have a leg to stand on. She was quite nasty. She took a good relationship and made it bad. My husband and I now have 361 more days to deal with this unpleasantness. I told her that if they could not afford the house, they should not have agreed to sign a new lease and should have moved. Her response was , they have a signed lease and we have to pay them to move. Since we were “nice” and did not collect late fees in the past 1) Can we collect them now? 2) Can we collect them in the future

Thank you, Maria Feinman, Suffolk County, New York

A: The answer to both questions is "Yes". For the past arrears, you can add up the late charges and send a bill. If they don't pay, you could sue in small claims court.
Some leases (the good ones) say the late charge will be deemed "added rent". If your lease has this clause, you could evict them for non-payment of the late charges.

Dear Mr. Reno:
Hi. My friend and neighbor is trying to evict a horrible, non-paying, neighborhood -cat -stealing, slob of tenant. The eviction worked its way through the court, and now, as of last week, it is on the Suffolk County "sheriff's desk" In your experience on Long Island, how long does my neighbor have to wait for the sheriff to get to her eviction? thanks

Catherine NY

A: Depends on their backlog. Usually one week to the 3 day notice, another week to the actual eviction.

Dear Mr. Reno:
I have a candy and gift shop in Universal Mall , Warren, Michigan the mall is being redeveleped into a strip mall. The area that i'm in is not. The mall gave me a 30 day notice to move by July 15th. 08. They want to give my spot to someone else. I informed the Mall that my new location will not be ready until July 30th. they don't want to give me until then what can I do?

Leuwania Bygrave

A: They'll wait. Believe me. They're not going to take you to Court for 15 days (and the judge would probably give you the 15 anyway.)

Dear Mr. Reno:
After a tenant moves out and they are served with small claims court papers for monies owed, in my case, the tenant tore the court papers up and mailed them back to me saying they were going to file bankruptcy. So, when papers were served, there was a total owing. At court, I was told I could bring more paperwork to the hearing. So, with copy fees at Kinko's, and a mileage fee, and a fee for my time to compile all this, to include the bank stamping the former rent checks "account closed", can I now change the figures and still take the tenant to small claims court ?

Dick Berman - Reno, NV

A: Sometimes you can amend at Court, sometimes they wont let you; it's up to the judge. But if they don't let you at Court, you can always file a 2nd case for the rest.

Dear Mr. Reno:
My name is Richard Hopkin and I own a 4-plex apt in Youngtown Arizona. Is it better to take the maintenance and repairs done to my units as a write off each year or wait until I sell the property? I have owned these apartments for 11 years and have taken off my maintenance and repairs each year so does that mean I will have to pay back all of the depressiation when we sell the 4-Plex? I have not put my property under a business yet, do you recommend that I incorporate as an LLC, s-corp, or just a corp and why? Thanks,

Richard Hopkin, AZ

A: I would write them off now but only if you're presently reporting a positive cash flow (income) that needs to be offset. You should incorporate to avoid personal liability if you can afford it. LLC's are most popular these days, but I've never understood why. I think the distinctions involve tax consequences- talk to a tax guy.

Dear Mr. Reno:
Will it be illegal for me to have a credit collection agency send correspondence to a tenant's work address who has been (now) over 3 months delinquent??

Rationale: We (my spouse and I) are in the final stages of getting an eviction completed so I don't want to send the info to the residential address (our rental address) since she will no longer be there. We do wish to continue to pursue the delinquency because at a minimum, it will be reported to National Credit Bureaus if she fails to acknowledge or comply altogether. The other reason for not sending it to the residence was that in the past she has refused previous correspondence sent to her by us about her delinquency. (ex. 10 day notice that we sent via email and certified mail). Except for her work email, the only other address we have on file is her work address. She has not returned any phone calls made to her.
Thank you

James/Andrea, North Carolina (Charlotte)

A: You have to be carefull there, or you could run afoul of the Consumer Credit Protection Act. It can be done, but you have to consult a collection expert (I only dabble there.)

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