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 2012-09-16

Dear Mr. Reno:
I live in Pennsylvania and had a tenant that moved out. He left some items , like a broken treadmill and old b&w tv. He told me to leave them on the back porch which he has access but its been two weeks and he never came back. I tried to call him on the the three phone numbers that he listed on app but all three are disconnected. How long do I have to keep these few items before disposal.

Robert G., Lawrence County, PA

A: 30 days (60 to be really safe.)

Dear Mr. Reno:
We have a professional Property Manager who of course collects 10% of each monthly rent check paid by tenants for use of our 1600 square foot San Antonio, Texas home. His Rental Contract requires the Tenant to pay him $50 for each late monthly payment, and of course the manager instantly follows through and collects this amount almost every month. Oftentimes the tenant is up to two months late, but the Property Manager talks us into keeping the Tenant because his work is not continuous, and he does eventually pay.

My greatest problem is that my wife and I are the injured parties when payments arrive late, but the Property Manager says the (State?) LAW states that the late payment penalty goes to him, the Property Manager, not us. Could this be true for the location, and if so, who created such a law and how the heck do lawmakers justify such an unholy arrangement?

Through this and other miscellaneous inflated administrative charges for every little "action", the Property Manager collects an average of about 16 to 18 percent of the contracted rent, instead what once was only 10%.

Art K., Fort Worth, TX

A: I've never heard of such a law, but not being in Texas, I can't say it's impossible. Even if it were a law, he could waive it and give it to you. Either way, time to start interviewing.

Published 2012-09-13

Dear Mr. Reno:
My son is considering renting an apartment in Los Angeles. The security deposit is $1,500 and the rent is $1,500. The landlord states that $400 automatically is deducted from the security deposit when he moves out, since the others are still renting at that time. Is that a permissable deduction assuming someone is still going to be in the apartment under the lease and assuming he has caused no damage and cleans his area before he leaves?

Also, he is moving into this apartment with two others already there. If there is observable damage to the apartment when he moves in but the landlord states that when a new tenant leases they do not do a walk through, how does my son protect himself from security deposit deductions and other charges associated with the damage upon moving out?
Thanks,

Steve Levy

A: This landlord is bonkers. As you have already figured out, this situation is a small claims case waiting to happen. See you there!

Dear Mr. Reno:
I rented my townhouse (in PA) to 3 people. They couldn't make payments on time every month, plus they shorted me....There was always an excuse as to why they couldn't pay me in full. It became obvious to me that they just could not afford the rent plus the utilities, so I asked them in a respectful way to pack up and leave. I was promised payment in full before they left but that never happened (should've seen that coming) Two out of the 3 people left town, one moved back in with his mother that lives in the same area I rented to and I have been in contact with. He is fully aware that he is now responsible for his friends debts since he is on the lease. He has been honest enough to start paying me back , but now I would like to help him. He has found out where his 2 ex-friends are living (in VA). Can he go after them for the money he is putting out to cover their debt ?
Thank you for your advice

Cheryl, NY

A: Yes, it's called an action for "contribution". That's where a person, whose jointly liable with others for a debt, pays more than his fair share of the debt and now wants them to contribute. But suing someone in a different state has jurisdictional complications and he'll need a lawyer. I don't see it happening.

Dear Mr. Reno:
I have a two-party lease with a "jointly and severally liable" clause. One tenant has moved out on the other. Remaining tenant can not pay full amount. I plan to post a 3-day notice at the house with both names on it. But the remaining tenant has moved in her jobless daughter.

Q1: Do I need to put the daughter's name on the notice also, or any future eviction forms?

Also, I had collected half cash, half money order from the original tenants. Gave them back one receipt with one amount and both names. Do you foresee any problems with the "jointly and severally liable clause holding up in court?

Remaining tenant is claiming she only owes half and can stay in the house for half the amount because the other tenant moved out on her.
Thanks!!

A: Q1: Yes.
#2. No.
#3. One half wont cut it- she'll have to find out the hard way.

Dear Mr. Reno:
What is the quickest way to remove a tenant (lease violations) that has stayed beyond his lease termination date by two months, had numerous warnings to move, in writing, and still occupies the residence? I want to file the papers myself and have issued a 3 day notice today. Do I now file in court for an eviction? I want him out within 2 weeks.
Thank you for any advice you can offer.
Best Regards,

Susan Lutz, Denver, Colorado

A: You are cleared for take off!

Published 2012-09-11

Dear Mr. Reno:
A year ago I rented our house (we are accidental landlords), which we used our real estate agent to represent us and find tenants. Our tenants Realtor brought them to us and my agent stated that she was told that they passed credit. We were provided a lease from our agents office. We conducted a conditions walk through prior to signing the lease. Only their Realtor was present, our agent was out of the state. The Realtor had my wife sign off on it and the prospective tenants would sign it and return a copy.

Fast forward one year. The tenants Realtor tried to get the security deposit back two weeks before the end of the lease and then vacated without alerting me, which triggered (as I was told) the return of the security deposit within 29 days.

They did about $10,000 worth of damage to the property. Then the tenants Realtor was kind enough to email the conditions report, which was never signed by the tenants and never sent to me or my agent. I never notice because there were so many issues with my landlord moving into my rental house at the time.

My question is-Can I seek damages from the tenants Realtor, because she never had conditions report countersigned? Or is there any way I can recover my damages?
Thank you,

Rocky

A: I don't get it. The tenants damaged the property. Why is that her fault? You should have waited for the condition report to be signed if you thought it was so important, but I don't think it would have changed anything.

Dear Mr. Reno:
After a forcible entry and detainer judgment has been against the tenant and possession of the property is back with the landlord, can the tenant sue the landlord to re-gain possession of the property by claiming bankruptcy that was filed prior to the judgment?

Barbara from Ohio

A: I think under the new laws the bankruptcy has to be filed before the eviction is started to help the tenant but you really should ask a bankruptcy guy (or gal.)

Dear Mr. Reno:
Am I able to terminate a 1 year lease prior to the one year maturity of lease agreement if I have a problematic tenant that I forsee continued issues with ? I want them gone asap; but want to handle this properly. I don't want to wait until next march to have him gone, if I have other options.

VZW

A: Wouldn't it defeat the purpose of a lease if you could break it because you didn't like the tenant? Here's the deal. If the tenant is in arrears, you can evict now. If the tenant is current, wait until March. How bad can he be?

Published 2012-09-10

Dear Mr. Reno:
Hello, I have a tenant issue in Brooklyn NY. It has been over 1 year and I havent received rent from the tenants. I hired an attorney who is useless. He does not keep me updated on the case at all. My case is this. I had a tenant who left the apartment and left squatters in the apartment. The squatters do not want to move out. They make all the excuses in the world at the court hearings. Can you please recommend me an attorney in Brooklyn NY? Also do you know how quick i can get them out because I have been to court multiple times and the squatters are damaging my house.
Thanks

Brooklyn, NY

A: NYC (all five boroughs) is a nightmare. You have to call Bernadette at (516) 228-0033 ext 203 but it's not gonna be easy. Sorry I'm so pessimistic. I don't even go near the city for that reason.

Dear Mr. Reno:
I got arrested almost 9 months ago for cannabis in my apartment I am currently living in. I went through the court and got probation and now my case is pretty much over. Now the state is bringing my landlord to court for violations surrounding my case saying that I am not allowed to live in that building. I haven't been personally notified by the state that I can't live there, just going on what my landlord is saying. I told her we could switch my lease over to my room mates name so that I wouldn't technically be renting. She told me she wanted me to move out for a couple months until it blows over. What I am asking is if the state can stop me from staying there even if I am not the renter?
Thanks,

Alex

A: State can't. Landlord can. When's the lease up?

Dear Mr. Reno:
What should I do if tenant 's ex-boyfiriend breaks out the townhome front windows in a domestic dispute, tenant not actively involved but saw him doing it. She has no money and wants me to fix window and she said she is afraid he may come back n may break lease. She is also on Section 8.

I am walking on eggshells, however I should not have to loose food on my table over this.

Denise, Minnesota

A: This is not your responsibility. However, while we are we talking, two or three hundred? So you want a vacant unit over this? Tell her she has to repay you $25 per month & get it in writing.

Dear Mr. Reno:
My daughter owns a trailer . It is parked on my property with her daughter living in it. Can i make her move it?

Barbara H.

A: Trailers are complicated. If she's been there a while, then your address is her address and now you have to serve a notice to vacate- just as if she were in your house.

Published 2012-09-09

Dear Mr. Reno:
Hello Mr. Reno. I live in Philadelphia and have a tenant who moved in June 14, 2012 and has not paid rent since then. She has a 6 month lease. I have given her notice that she has to be out of the property by September 14, 2012, (which her initial payment of first, last and one month security would cover if she doesn't pay anything else.... I did not express that to her). There have even been a couple incidents at the property where the police were called.

Am I within my rights to change the locks on the property if she has not removed her possessions by Sept. 14th? I will out of the country for 2 weeks starting Sept. 11 and would actually have to make the changes on Sept. 10th to isure that no one enters the property while I'm gone.
Sincerely

Joilet H.

A: If that's your plan you should start looking into criminal attorneys so you'll have one on retainer. You'll need one soon.

Published 2012-09-08

Dear Mr. Reno:
I saw the question regarding the installation of a satellite dish by a tenant. The FCC has ruled that a T can only place such an antenna in an exclusive use area of the T. The dish must also meet certain size restrictions and not violate any safety issues. The FCC has said that such installations may limited to not damaging the property, i.e. no wall penetrations or bolting/screwing of the dish to any part of the property.

I used to have the link to decision, but here is one that summarizes the decision: http://www.fcc.gov/guides/installing-consumer-owned-antennas-and-satellite-dishes
Just FYI.

Bryan - Iowa

A: Thanks Bryan!

Dear Mr. Reno:
I rented a house to a friend at very low rent provided he did the necessary work to make it habitable. I bought the materials, he did the labor. We agreed he could sub-lease it. All goes well 2 years.

He loses his tenant, puts his non-working son, girl friend, and 2 kids in house. He got no rent. I got no rent.

I gave him 30 day notice of non-renewal of our lease. He said fine, he would pay me the money he owes me as soon as he can.

Question: Who removes his son? He won't move him, and I can't afford to keep him. The utilities are in my name. Do I have to use usual eviction process? If so, do I have to wait until the 30 days are up?

Mary B., Virginia

A: That was very poetic, Mary. Maybe you missed your calling? When you evict the tenant, you include all subtenants or other adult occupants in the same proceeding: Mary B., Landlord vs. Joe Blow, Tenant, and Jane Doe, Undertenant.

Published 2012-09-05

Dear Mr. Reno:
In the state of Alaska, is it legal for a mobile home park owner to apply a previous tenant’s owed rent to a new tenant?
I just bought a mobile home which is located in a mobile home park. The previous owners of this mobile home owed the mobile home park $3000.00, which was several months (years) of space rent. The owners of the park are now making me (the new trailer owner) obligated for that “back space rent” from the previous owners. It doesn’t seem fair, or legal; however I found the Alaska State Landlord Tenant Act laws vague in this department. Could you please help?

Shannon B. Alaska

A: This is a tough one. You're going to have to talk to a local atty. on this. Of course, it would have been nice if you had checked with the park about this before your purchase, but- too late now.

Dear Mr. Reno:
I have a strange situation I'm sure. I let a friend move in well over a year ago, no lease was signed (stupid I know). we agreed on three hundred dollars a month for rent , in short that lasted only a month or two and from that point on she paid fifty here or one hundred there. When I would ask for full payment she would get extremely angry, I told her last October to pay up or move out. She moved out but hse left stuff here.
I have made numerous attempts to get the stuff back to her but our schedules conflict. I have stayed home for an entire on several occassions for her to come over and get her things, she never shows or calls. It has been over a year since she moved out and her stuff is in the way, I wanted ot send her a certified letter to come an dget her things but she refuses to disclose where she is. What can I do? Can I get rid of the stuff? What do you recommend?

Kim M., TX

A: It's a year. She had her chance. Dumpster time.

Published 2012-09-04

Dear Mr. Reno:
I am currently trying to evict a tenant that has not paid rent. Approximately $3500 is owed in back rent, $400 in court fees. If I lose the eviction case based on a technicality, and the tenant is allowed to continue to stay in premises, Do I have any recourse to collect the the 2.5 months of rent, that is past due. or do they get to stay in the premises without having paid the past due rent. Eviction summons and complaint requested past rent, damages (rent from notice date until trial date), and court fees.

Does the judge have the authority to require the tenant to pay past due rent in order to stay in the premises?

What do you recommend that I request at the trial to enable me to receive the past due rent? The rental property is in California.
Thank you

Dan, California

A: You don't lose those months. If you're dismissed, on a technicality, you refile- and include all past due rents. Feel Better?

Published 2012-09-03

Dear Mr. Reno:
I live in New York City. Am I allowed to rent a room in my house? Where can I find the legal aspects of room rental?

Elena, NY

A: Sorry, NYC is a galaxy onto itself. Offhand, it sounds like a boarding house- wouldn't be allowed in Nassau or Suffolk, but NYC is special. (Call Rent Stabilization Board?)

Published 2012-09-01

Dear Mr. Reno:
I had a great tenant for the past 5 years who I just discovered moved out overnight, in the middle of the lease period, with no advance notice. The tenant also did not pay last month’s rent. The rental property requires work and will not be available to re-rent for at least 2 months. Can you please advise on what type of notices I should send and procedures I should follow to protect myself legally and try to recoup some of the expenses, given there is unpaid rent, damage and clean-up costs, abandonment of property, and breach of lease concerns. I do not have the tenant’s forwarding address but assume they will submit one to the post office.

Additional info: The tenant had requested the utilities be turned off today. When I entered the property today there was a handwritten letter stating the tenant had moved out; no keys were left. While I was at the property the tenant came by to move some things from a neighbor’s house and I approached her. I asked for the past month’s rent, the keys, and a forwarding address. I told her there were some items left in the house that she needed to take with her or tell me her arrangements for retrieving them because I was changing the locks and otherwise would get rid of them. She left without providing any information or taking the remaining personal belongings.
Thank you,

Sharon Younie, CO

A: You need to repair, renovate & re-rent. Save all your receipts. After you re-rent, tally all the damages & get back to me.

Dear Mr. Reno:
My mother is 81 yrs old and recently sold the building she lives in and must vacate the premises within 4 months. She owns another residential building which has 4 units and wants to move into one of the ground floor apartments as she is unable to climb stairs. Can she as owner of that building evict the tenant to inhabit the apartment with a 60 day written notice? The tenant is month to month. She lives and owns all buildings in New Jersey.

Lawrence, NJ

A: You're cleared for take off- unless it's rent control. You can move into your own rent controlled unit- but there's red tape. If it's a normal month to month- give your 60 days notice (USE A PROCESS SERVER FOR THIS PLEASE) and then she can commence a holdover proceeding if they don't vacate.

Dear Mr. Reno:
My husband and I have been letting relatives stay in our cottage up north, without a lease, until they found a place of their own to live. They told us it would be for just a couple of weeks a month at the most. We told them they had to pay for their utilities while they were there which we estimated would be $200 per month. They have been in our place since April and have paid us a total of $300. We continued to pay the electricity as it was in our name and we were trying to help them out. We have now told them they need to vacate by October 7. I sent an eviction notice to them.
Everything in the home is ours, beds, furniture, appliances, dishes, etc. Do we have the legal right at this point to go in and take our belongings as we are concerned they will take them? Janet, Michigan

A: Yes, just walk right in and clean them out. That'll work. What kind of people are these? They lied and freeloaded and now you think they'll rob you?

You picked'em, now possession of the cottage is their's along with everything in it, until your eviction is done.

Dear Mr. Reno:
We are renting out our condo unit and tenants have repeatedly called us about harassment from the neighbors for their sexual orientation. We have advised them at all occasions to report to the cops and to the management company. They have done neither. They have vacated the property, have not paid August rent, and have not provided a forwarding address. Contract provides 60 days notice plus two months termination fee. They have not provided nor paid. Are we responsible for resolving this harassment? How can we make them pay for the amounts stated in the contract?

David, Florida

A: Sue the Bastards!

Dear Mr. Reno:
I need some help. I rent to a family of 3. In May the wife told me she would be late with the rent because she was laid off from her job. The husband had been laid off the previous year and exhausted all unemployment benefits. They have only her one income which is now unemployment benefits. The also have 1 child who is disabled. Lease is under the wife's name as tenant with husband and child as co-occupants.

I used the security deposit for May's rent instead of waiting for late payment and to cut them a break. In June she paid me half and the same for July with the intention that once she is working again she will pay everything in full or leave when lease expires in September. I spoke to a friend at work and she told me that I wasn't suppose to use the security towards rent. I notified my tenant of this and told her since she hasn't found a job in 3 months, maybe it's better she pays me everything now and leaves.

She replies that she doesn't have it and that the kitchen sink cannot be used at all now due to plumbing issues. She also reminded me that she called the housing inspector in Feb. for the plumbing issues and the mold in the bedroom. I know about the plumbing problems and went to see but it cost too much so I didn't fix them. What looks like mold is in their bedroom but I don't have resources to know if in fact it is mold. It costs too much to hire a mold expert.

On 8/1, I sent her a 30 day notice to terminate lease by certified mail and called her the next day because she had received it. I told her that I am coming for the keys to the house and mailbox. She told me she is not home but on the way to social services to make arrangements to find a place or go into a family shelter. 8/7, Yesterday I received a certified letter from her saying she is not renewing the lease due to unlivable conditions and will vacate prior to when lease expires September. She also sent her half payment for the last month of rent and notice that the housing inspector was at the apartment in August for the second time this year. On the same day I sent her a 3 day notice to pay rent since she only paid half for June & July with the full amounts. I didn't mention anything about May because I don't want any fines.

I don't know what is going to happen now. Should I get a lawyer and what type of fines am I going to be looking at. Thank you for any help.

Jared, NY

A: Forget the fine. Worry about that another day. You need to start a non-payment proceeding now. The longer you wait, the further behind she'll get. Don't dawdle.

Published 2012-08-31

Dear Mr. Reno:
My name is Jeree and I live I the state of Washington. Is it legal in this state to charge non-refundable pet fees? My situation is this: I rent out a room the house own and live in and one of the tenants living in my house is disrespectful to me and will not obey verbal house rules I give him. We have a personality clash (he is male and I’m female) and he made the suggestion on the 2nd day he moved in that he would move out at the end of the month – which I am in full agreement with even though we have a 6 month lease in place. When I confront him and try to enforce house rules he becomes very confrontational and threatens to sue me for ‘abuse’. Do I need to give him a written notice to vacate at the end of month or just wait for him to move out on his own?
Many Thanks,

Jeree in Seattle

A: What a disaster. If he's paying the rent, he's going to be hard to evict before the 6 months. You say he agreed to leave- you better get something in writing. Otherwise, your notice to vacate wont be worth the paper it's written on.

Published 2012-08-29

Dear Mr. Reno:
I was awarded a judgment for unpaid back rent only, no late fees, I then file a garnishment with the tenants employer, then he files for Chapter 13, Im invited to attend the hearing as a creditor. Any suggestions to improve my chances of getting my unpaid rent? Thanks

Mike Thomas Little Rock AR.

A: My suggestion: Prayer. You're an unsecured creditor, which should make you quite "insecure."

Published 2012-08-27

Dear Mr. Reno:
I purchased a house and informed my landlord that I would be moving on July 31st approximatley 2 months ago. I am having an issue with my new house and would need to hold over a few weeks. However, my landlord says if I am not out by the 31st my lease will automatically renew for the ENTIRE year. I am willing to pay for August.
Is this legal? I misplaced my lease so i am unsure what it states and he refuses to give me another one to view. Thanks

George

A: I've never seen that clause. I doubt it really says that. Just pay August- also, send another notice, certified mail- that you're leaving 8/31.

Dear Mr. Reno:
Sherri 502 Sparkleberry Lane My husband and I are renting our home in NC to a now husband and wife. They have been renting from us for 14 months and have paid their rent on time twice. Their original lease was for one year, after that we put them on a month to month lease in June ...,of which they were late then and still have not paid for July 1st. Oh I forgot to mention that they were planning for a wedding in July that they decided to do after originally moving into our property. My problem is that we give them a 5 day grace period and still receive our rent on or after the 15th of each month and they split payments up. Well, it's July 16th and still no payment, as a matter of fact..,we were text messaged at 6:15 am on July 5th by renter stating that "I guess you know rent will be late this month, we will have it to you by the end of the month because our wedding is next Saturday". That was it for me, I didn't respond and phoned them on July 15th, no answer..,so I emailed to ask a date for payment. Her response was; "as the previous email stated by the end of the month, we don't know the date yet". I typed up a Breach of Contract Notice giving them 7 days to pay rent in full or I will start eviction process and mailed it to them.

My question is, if they do pay by the end of the month, can I still serve them with a 30 Day Notice to Vacate,by August 30th since they are on month to month basis? I'm sure that they'll be late in August as this is their pattern.

Also, if they don't pay it, can I start immediate eviction actions?
Thanks,

Sherri NC

A: Yes, You can- a 30 day notice does not require the tenant to be in arrears in a 30 day notice- and that's your ticket out.

Dear Mr. Reno:
We have 4 unrelated individuals living in our legal four 4-bedroom home. (We don't live on-site.) One of the tenants is now complaining that a co-tenant has someone living there "permanently," that this other tenant and her guest are smoking (cigarettes and pot) INSIDE the house, and are interfering with her morning bathroom access prior to going to work.

We have clauses in the lease forbidding indoor smoking, as well as forbidding possession or use of illegal drugs anywhere on the premises. We also have a clause increasing the rent for each month of "overstaying guest" issues.

What is the most practical way to enforce these clauses? FYI. the lease expires October 17.
Thanks for your help!

John and Lisa R.

A: This goes to a greater philosophical question which is how much control does a Landlord have over a tenant's behavior and the answer is: Unfortunately, very little. You either take'em, with all their warts, or kick'em out. This gal's a problem, give her a 30 day notice.

Dear Mr. Reno:
I have a situation that I would like to get some advice from you if possible. I leased my house in CA a year to my previous tenant. he moved out on Apr. 21, 2012. The lease started from Apr. 18, 2011 to Apr. 17, 2012.  He did not request an initial inspection. He moved out and damaged my property without giving a 30 days notice and stayed a week longer than the ending period. No initial inspection was done before moving out since he gave noticed 4 days before.

The final inspection was done at the presence of me, my agent, and tenant. We went through all damages found. There were a few things discovered later. The tenant agent was not present at that day, but she started to involve about 7 days after his moving out. She called and harassed me to mail a full refund to her client otherwise I would get sued. She also left me a nasty message on my cell. (I kept 2/3 of deposit and refunded him 1/3 of it. He recently cashed my check).

She emailed me on the tenant's behalf a few times later insisting in full refunding and disputed the fact that the list of damages were from either wear and tear or existing condition, excused/lied that my listing agent was verbally ok with her client to leave the stuff in garage. (he removed the closet doors/draperies/ceiling fans/ceiling lights, mold on ceiling bathroom, holes on walls from screws, tape on hardwood floor, left place uncleaned).

She helped the tenant sued me in a small claim court for the deposit I kept. My questions are:

1) Can I have  a basis to report her to her broker for being unfair and unprofessional?

2) I will countersue the tenant for the painting the bathroom and master bedroom since he is a smoker and I found ashes on my sink. I did not deduct the painting cost done from his deposit previously. Can I do that?

3) I do not have all the pictures of damages. But I will have a repair guy, painter, and my boyfriend to testify as witnesses. Is that good enough?

Thanks you for your kindness to this matter. Sincerely,

Amy

A: 1) No.
2) Yes.
3) The most important thing is that you have proof of what you paid. Check, paid bill, etc.

Dear Mr. Reno:
Just a quick question, how would you go about evicting someone who is living in my grandmothers house and she recently died? She wont let anyone into the house or anything, she has my grandmothers credit cards and everything and using them whenever she pleases... please just let me know what i need to do. Jessica Adcox, Apple Valley CA

Jessica A., Apple Valley CA

A: You need an Administrator or Executor for the Estate appointed. You need an Estate lawyer first, then a Landlord - Tenant lawyer.

Dear Mr. Reno:
My tenant told me he's moving out, had bought a house, said he got approved for loan, closing in two months. For a month been looking for new tenant, have someone to take apt. The current tenant comes to me after a month and says loan didn't get approved, says he doesn't know if he'll be out on time, what do I do?

Brian Brant, NY

A: Tell the new tenant, there may be a delay of a couple of weeks (or maybe years). What did you have in mind, Brian? Plans change. You're still getting your rent, right?

Published 2012-08-25

Dear Mr. Reno:
My husband and I have a LLC for our rental property (Transfer Deed to the property) to protect our personal property etc. from litigation. We have to evict a tenant we have had for about 4 years - she has left town but there are 2 men and one very large bull dog in the property. We filed for eviction and the judge (very rudely said we needed to 'get some counsel' and said we needed to file an amended petition to evict (we had our names instead of the LLC name). We hired an attorney - right there in the lobby of the court - and he filed the amended petition and a new court date was et - delay #1 because it had to be served to tenant. Now, attorney can not make the court date - he filed a request to change the date of the court date (he was able to do that without our concents) and that resulted in Delay #2 - another 10 days - Question is how can attny ask for a delay without our concent - and can we call the humane society to get the dog pickeup from our property - there is no electricity - no humans staying there - they just parked a huge bull dog at the door - and we are afraid to let it loose for fear of small children next door. We are basically held hostage to these 'squatter homeless people who are using oru duplex as a FREE boarding place for their dog - for 2 months now! HELP! ps - love your site and yes we have been members. Thank you. for any reply of advise you can offer.

DeDe

A: When the lawyer has a schedule conflict, The state regulations dictate which type of case takes priority, and Landlord Tenant cases are not very high on the list, unfortunately. You can try the Humane Society, but if the dog's being fed, they're allowed to keep it outside, so they probably won't help you. You have a lawyer on it - give him a little time (and compassion like you're giving the dogs).

Dear Mr. Reno:
How long do a landlord wait before handing a demand letter to a WEEKLY tenant to pay or quit in the state of North Carolina? I know you have 2 days before filling for eviction for a weekly tenant. How many days do you have to wait on weekly rentals to be considered late before handing out a demand letter?
Thanks.

Ms. Hilliard, North Carolina

A: Not long. If it's due on Friday, wait till Saturday, etc., etc.

Dear Mr. Reno:
I have a tenant who is moving out. I stated in the Move-out instructions that the carpets had to be professionally cleaned. They have a problem with it and said one of their friends who rents out his property said they shouldn't have to and that it shouldn't affect their deposit refund.. Do I have a right to ask this? They keep throwing out "normal wear and tear" I feel excessive staining is a problem. Is there a document showing guidelines regarding normal wear and tear??

One more question. I had the house lot sodded. In the lease it states that:
"Tenant shall be required to irrigate and maintain any surrounding grounds...."
The lawn has excessive weeds, patchy spots that will need work to get it back to where it was. I am selling the house and the lawn is NO selling point in the state what it's in. What would be ethical to deduct from their deposit to put towards repairs.
Any help would be greatly appreciated. Thank you.

Tamara, MN

A: 1. As we lawyers say "this one would go to the jury" which means it's a subjective judgment call about damages vs. wear and tear. To enforce in court, you'll need a good photo of the stain.
2. You're really pushing it! In a perfect world, you'd be right. But not on this crazy planet we live on.

Published 2012-08-22

Dear Mr. Reno:
I had to tell my daughter she had to leave my house after she pushed me. She said she called the police and they said I can not get rid of her belonging. I know I have to give written notice. If I have no other address beside the one she lived at with me can a text message be considered a written notice? How long do I have to hold onto her belonging for?

Phyllis, California

A: Hold the stuff 60 days. (We are talking about your daughter, right?) Mail a notice certified mail to your own house. I know it sounds crazy, but this is a crazy situation.

Dear Mr. Reno:
We rented an apartment out to 3 people back in March with a 1 year lease. When the August payment came due they said they could not afford the place any longer and will be moving out in a month. They refused to pay the rent and told me to use the security deposit as the payment.

I have a feeling that they are planning on just staying there as long as they can w/o paying. The guy practically implied that when I mentioned to them that they are breaking the lease and are legally obligated for the rent money thru the end of the term..."so are you saying that if we have no money we should just stay and not pay for the next 6 mos? I know people do it" - this is what he said... They changed their cell phones and won't provide us with the new contact info. What should I do at this point?
Best regards,

Inna, Brooklyn, New York

A: I think you know the answer. What are you waiting for? You have one months security, but starting 9/1, it's on your dime. Better start the nonpayment proceeding now otherwise their not going anywhere.

Dear Mr. Reno:
My 2 kids and I are in a 1 bedroom apartment. CPS is wanting to place an additional family female member and her child with me. We definitely need a 2 bedroom apartment. Five people in a 1 bedroom would not work. My lease expires 11/13/2012. How can we legally break the lease--without damages-- in order to find a bigger place? What steps can I take?

Tina in Texas

A: What? Well I'm assuming this is emergency housing- but I still don't get, why would they put another family in a one bedroom? This makes no sense, but I loved your albums.

Published 2012-08-21

Dear Mr. Reno:
I EVICTED A TENANT ON MAY 23. HER BELONGINGS ARE STIL IN THE APARTMENT. WHAT WOULD YOU RECOMEND THAT I DO WITH HER BELONGINS? THANK YOU

Demetrios S., NY

A: You've suffered long enough. A trip to the dumpster is in order.

Published 2012-08-17

Dear Mr. Reno:
Water front unit having high end materials and NO PET contract.
2 dogs 1 cat
Renter falsely claiming mold
Has a box for the dogs feces when unable to take outdoors
Does not clean up feces outdoors and required by association
Constructed a small fence at deck for dogs and owner received violation notification
2nd notification dogs are harassing passersby - yapping
1 couple ages 55 and 79
Contractile employee Lowe’s Hardware Corp.
Tenant 18 mo. Agreement wants quit contract stating mold in unit and making husband ill. We had an inspector come who saw, nor smelled mold.
He suggested another inspector rather than himself as the tenant had run an air purifying machine. He did write a letter stating that the 2 dogs, a cat, dim light having blinds closed, and smell of animal was noted. Remarked that the animals, in his opinion, play a significant role in the health of the tenant.

The next inspector arrived the following week and they would not let him in, although they had earlier in email stated that the dogs were removed and the husband was moving out. This particular inspector can measure not only mold, but air quality, dog, and cat, etc.
Via phone she now tells us that there is no mold, so we do not need to enter. (WHAT? THIS IS URGENT, it is a health risk and landlord fit to inhabit issue that can affect the entire neighborhood opinion and future renter perspective. )She said that she paid $400.00 for an inspection ( Doubt, but I will request the documents.)

Husband hurriedly took two bags of trash out while she was stating he was not dressed to have visitors, and told my agent and inspector they were harassing, albeit they stayed across the parking lot. I requested police escort them upon entry as the wife said she was going to make a scene. The police would not allow them in and, at my expense, I having the inspector and assistant return tomorrow.

She has told neighbors of this nonexistent mold. The neighbors are a bit envious of my having good business practices in renting this unit and told her that her rent is too high, hence, her want of quit lease.

I would like to make certain that I cover all liabilities, know what penalties, deformation, false reporting, fallacious remarks, can be can or should be considered.
Quit lease - drafted and provided her a document along with the contract per her request. I could attach, but trying to be brief.
Also, is there a clause I can place within the quit lease that entertains punitive measures if she were to rent within ______ miles of said unit? I can prove that there is no MOLD and high allergens cat and dog. We also took photos of the current condition the last inspection entry.

JoEllen, North Carolina

A: You're barking up the wrong tree. First off, you totally failed in your effort to be brief. But seriously, you can't have "punitive measures" in a lease. Can't contract for that. You want a "covenant" to not relocate within a radius but, again, no can do. The right to live anywhere is too sacred a right and even though technically a person can waive certain of their rights, I seriously doubt any court would enforce such a clause. (By the way, that doesn't mean you can't put it in anyway. It may deter someone.)

Dear Mr. Reno:
I allow my Tenants to make deposits for their rent in my bank account directly. If the rent is $500, they paid $250 into my account would that be considered accepting partial rent. How would that affect an eviction process?
Tnx

Dave

A: A partial payment is just that, a partial payment. You can't refuse a partial payment, but that doesn't prevent you from doing a non-payment type eviction. Carry on.

Dear Mr. Reno:
This is for lease in VA. Can tenant put rent in bankruptcy? If he/she does, what's the complication? Of course we should start the pay or quit process asap. But just want to know the answers to the above questions and any issues that come with bankruptcy. Thank you. Thank you

Ratana, VA

A: Yes. It's a huge Monkey Wrench. You can get it out of bankruptcy, but you'll need a lawyer & it will take 3 mos.

Dear Mr. Reno:
Trying to decide whether or not to pursue eviction proceedings or abandonment…… Colorado... Tenant did not pay July rent. Last conversation was phone call the first week of July and have not heard anything from him since and he has not returned any of my calls. Have asked other tenants in the apartment complex and they have not seen him or his car. Electricity just got disconnected. He left the door unlocked. Some personal belongings (furniture) are still there, but no clothes or toiletries. Which is best way to proceed?
Have a great day!

Karen

A: You're in that proverbial grey area. Ask this question: Under all the circumstances, would a reasonable person conclude that this apartment has been abandoned? If answer is "yes" retake possession and store furniture 30 days.

Dear Mr. Reno:
Hi, I was evicted about a month ago and given a 10 day notice due to having an animal in my apartment when they were not allowed ( even though my neighbors had a cat and another had a dog). Anyways, my security deposit was $175 and they are saying I owe them 150 because they had to have the placed cleaned and have a flea terminator come and spray. Apparently the deposit didn't cover the repairs which i think is bogus. My question is, am I really responsible for them having the placed cleaned and sprayed?

Jayma, IL

A: Probably, yes. You can go to small claims court, but usually, if the landlord has proof they spent the money, the court's give them the benefit of the doubt that it was reasonable. Sorry.

Published 2012-08-16

Dear Mr. Reno:
Hi I am really frustrated, I had this guy rent out my apartment for June-July-august . For the time I had to travel.. I did take the first months rent and asked him to pay for the next two ones. When I came back he had not paid the rent and told me that he was kicked out of his job, now I told him I need the rent a soon as possible but it's been more than 5 months now and he always makes excuses! He owes me 670 dollars but I kept his flat screen tv and mattress as a security ... If he still did not pay what can I do ? I do not have a written contract but he had his mail coming to my place so I have proof for that. Also I recorded put conversation about how he owes me money and he confirmed it when I told him so you will get me the rent money within 10 days? And he said yes. It's been another month now and he is still making excuses. Can I sell his stuff ? Or should I sue him please help.

Aladdin

A: Well it sounds like he's out, so you're headed for smallclaimscourtville.

Dear Mr. Reno:
_*Overview*_:
Tenant did $25K in damages. $3K of theft. I have the sealed envelopes of Settlement Statement and copies of all invoices which were mailed _certified/sign for_ to bad tenant 2 times and Post Office was unable to deliver to her last known address. Mail was returned to me. I never opened the envelopes. I have a judgment on her for last month's unpaid rent which was filed with Recorder of Deeds, earning $7% interest. Got it just before she fled my rental house.

Interestingly, Police refused to get involved with her vandalism or theft as they consider it a "Landlord/Tenant" issue to be dealt with via the court system. Insurance refused to cover the damages or theft as 95% of damages were done by 2 dogs. Almost lost my homeowner's insurance for making that claim.

After just over a year, found out where she resides in a rental in another county.

_*Question:*_ Small Claims court in my county is up to $10K. Can I take her to Small Claims in _my county_ where the vandalism/theft was done, and break up the total amount into chunks, by suing her via several suits, 1 chunk at a time? I.E. example... Flooring Damages $10K; Disaster Cleaning $8K; Carpet/Pad/Baseboards/Base Molding/Removal & discard $6K,Theft $3K; etc. etc.? This bum does not have much in the way of assets, however, eventually will need to buy a car or something.
Also, who knows, may inherit $$$ from a relative. Can this be done in Small Claims Court and is it worth my effort? This bum has done similarly to other LL's I have since learned, and gotten away with it, hence is emboldened. BTW: I have photos before she moved in and after she left, clearly showing the damages. She may also avail herself of the free legal help provided to dead beats like her in our county. I, on the other hand, must pay. (discrimination of LL's)

Option: Can I also sue her using a local attorney for the entire lump sum plus legal fees and court costs. Is it worth it? Legal fees are not cheap. Small Claims Court is not as bad. Don't know if this turnip has any "blood" or may get some in the future.

Dedicated LPA member

A: Splitting up your cases to get under the limit has bee done- courts don't like it- but sometimes it works. Try it. A word of advice: Don't file both on the same day - keep 'em separate.

Dear Mr. Reno:
We have a tenant in our rented home that has not paid rent for 4 months or the water/sewage bill for over 1 year. We served 3 day eviction with an attorney. Our attorney notified us the day before our court date that our tenants filed Ch. 7 bankruptcy. What can we do?
Thank you,

Rosilyn, OH

A: That's big trouble. You may have to wait 3 mos. until the bankruptcy ends. If you want to be proactive, you can speed things up with a special motion, but it's expensive and only a bankruptcy attorney can do it.

Published 2012-08-14

Dear Mr. Reno:
Hello my name is Mark,
I was a tenant in my uncles home with no lease. The house was promised to be sold to me for 10k, its a very old home that needs alot of work. We lived there for 13 years now and since he told me he would sell I put alot of work in the home. Kitchen cabinets, drywall work ect. the house has had a roof leak the entire 13 years, water leak in the basement, electric not properly hooked up, termite damage to structure, furnace doesnt work, septic leak. All of with went unfixed by the uncle.

His daughter now has stated she wanted the home so now he has asked me to leave. so we took some of the things we have done, two of the kitchen cabinets and some of the light fixtures, and the kitchen faucet. the kitchen we started to renoveate but never finished it. can he do anything, could I counter sue for renting the house in that condition? we only paid him about 5-6 months rent before we refused to pay anymore. could we put a lein on the house for work that we have done?

Mark in VA

A: Oh C'mon. It's your uncle's house, she's his daughter. Go in Peace.

Dear Mr. Reno:
Good Day. I've just been evicted because I couldn't pay the rent. I'm expecting a Writ to be served very shortly. If I were to get up the funds owed, could I go to court to force the landlord to take it? I'm in minnesota.
Thanks,

Mahva J., MN

A: It depends what stage you're at. Did you go to court yet? You could have paid it there. If you've already been to court and didn't pay it, then it's probably too late. Why don't you bring the money to court and talk to the clerk.

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