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 2008-07-15

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.)

Dear Mr. Reno:
The property is in florida.question: I let my tenants use the security deposit for the last months rent. Now they will not pay cleaning and repair fees or even the utility bill. Can I force them to pay by hiring a collector and get their credit score affected? Thanks.

Jonathan Ramey I live in california

A: Yes (you'll have to sue them before their credit will be affected.)

Dear Mr. Reno:
I live in a trailer in Montana. The swamp cooler/AC worked when I moved in and it doesn't now. Question is "Is the landlord responsible for fixing this?" I have a month to month lease and am current on my rent. We had a hose on top of the house that was spraying into the swamp cooler and the landlord or maintenance man pulled it down. Is this right? We have well water and didn't run water but a few hours a day.

Trisha S in Montana

A: You may have a legitimate gripe but please, READ YOUR LEASE! Usually, the landlord has to maintain the appliances. If this lease doesn't make it your responsibility, you can demand he fix it. (There-now you've got all my landlords mad at me!)

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:
I had a tenent who didnt pay the last few months of her least, broke the lease and took some of my items in the condo with her ie 2 chairs 3 rugs and some little items and also kept the keys to the condo, mail box and clicker to open the gate which I had to replace.She finally left after trying to get her out for months, she broke all my vertical blinds which I had to replace for 250.00. Is there any thing I can do to obtain the money back. Sincerely,

Kathryn Diaz, Miami florida

A: Small claims court. (What are you waiting for?)

Dear Mr. Reno:
I had a tenant move out on June 20th while I was still in Arizona. I had asked another tenant (that oversees things for me) to make sure the place was clean and trash free before I arrived to attempt to rerent the unit. He had what he assumed was junk hauled from the garage to the dump. The Tenant's husband, who was not on the lease, came by when I arrived and asserted that his belongings were removed (from the garage) without his permission. Where do I stand legally.

Delane Schiller, Arizona residence/ property in Fairbanks Alaska

A: You are standing in a "grey area". If the tenant gave you a written notice they were leaving on 6/20, then you acted reasonably. If the tenant just "left on 6/20, you may have jumped the gun. A court will have to decide, based on the totality of circumstances, whether you reasonably concluded the property was abandoned. These cases go both ways

Dear Mr. Reno:
I am a Landlord and I had a Tenant who was living in my rear Apt. on a 6 month Lease and after that expired he was living in the Apt. without a Deposit for another six months. When he left, he left me with a Frosted-up A/C unit and a Leaking sink. I had to replace the A/C and replace the Faucet. Do I have the right to Sue this Tenant for the replacement of the Items???

Harry, Ft. Laud., FL.

A: Yes, small claims court or Judge Judy.

Dear Mr. Reno:
Can a landlord force one to move out before the lease has expired if you are a month behind in payment. It was an original lease option deal that fell through with the partner of the now landlord. Lease is up is August. We have not paid for June and he wants us out like yesterday.

Cathy Bolden, Virginia

A: Why arent you paying the rent? If you do, you can stay until the lease expires.

Dear Mr. Reno:
Im James and I leave Williamsville New York. I have a tenant whose lease expired 2 years ago and they have been going month to month (oral agreement). They gave me notice on may 12th that they were moving out on June 1st. I held their security deposit to cover the month of June because i didnt get 30 days notice.. Now they are suing me for the security deposit. Do I have to return it. They also changed the locks on me which I had to get a lock smith. Please advise . thanks

A: It's a little controversial. Technically, you can't apply the security to the rent (unless the lease expressly says so). However, you can counterclaim for June rent, because of short notice. It may sound like the same thing, but procedurely, it's different. Make your counterclaim.

Dear Mr. Reno:
For some unknown reason the owner agreed to lease to a person who signed the lease as a managing member of the LLC. The lease is in the name of the LLC. They have bounced one check and every monthly rent payment is late. Can I send info to affect his credit and put him on the deadbeat tenant list anyway ??

Jack Hoye, Horizon Realty LLC, Florida

A: Previously, no, but some progress is being made in this area. You should ask John N. (john@thelpa.com) about this, or take a look at http://www.thelpa.com/lpa/credit-reports.html

Dear Mr. Reno:
First, let me say that I have learned my lesson and do my homework now.A tenant moved out after 4 months, breaking their 12 month lease, leaving unpaid rent for that month, left the house in a mess and did quite a bit of damage. There were also other lease violations.Neighbors told me that an older man (her father) was living with them for a while. He was not an authorized tenant. After they moved I found mail in the trash addressed to him at the rental property. I cannot find the male tenant, and the female is in prison now. My question is--can I go after the father for unpaid rent and damages? Thanks,

Donna Tinker, Missouri

A: Unfortunately, no, and not just because he wasn't on the lease. The problem is you never had an agreement with the father to pay you rent. He was just a guest of your tenant. He may have had an agreement to pay his daughter, so maybe that jail bird can sue him- but you cant. Sorry.

Dear Mr. Reno:
My female tenant was married and divorced while living in my apartment. She now intends to marry a man whom I find to be undesirable and unpleasant. Can I refuse his residency? I am 74 years old and live in a two-family house. Please advise me, Many thanks

Herman J. White, New Jersey

A: No, you can't refuse his residency, but nothing says you have to renew her lease when it expires, and if its a month to month, there's nothing stopping you from giving a 30 day notice.

Dear Mr. Reno:
I am a new landlord for a single-family home in Calaveras County, California. The home is situated on a 1/2 acre with over a dozen mature fruit trees, small vineyard, and dozens of rose bushes. I would like to have access to most of the ripe fruit and sometimes roses.

How do I go about getting to be there routinely to pick the crop during the fruiting season? Of course the tenant may consume fruit for personal use, but I may want to donate additional crop to the church to feed the hungry in the area. She also wants to grow vegetables on the property too.

My tenants signed a 6-month trial lease on 7/1 and started renting. They do plan to be long-term (four+ years) tenants due to restoring their credit (foreclosure). I failed to put anything specific in the lease about the fruit.
Can I write a new lease and make them sign it after having one signed earlier in the week?

Liz, Calaveras County, California.

A: Ooops! Too late! They can sign a new lease if they want, but you can't make'em.

Dear Mr. Reno:
Can a landlord force one to move out before the lease has expired if you are a month behind in payment. It was an original lease option deal that fell through with the partner of the now landlord. Lease is up is August. We have not paid for June and he wants us out like yesterday.

Cathy Bolden, Virginia

A: Why arent you paying the rent? If you do, you can stay until the lease expires.

Dear Mr. Reno:
Hi, My tenant's lease expired on July 1st. She didn't pay full month rent for May and nothing for June. The locks were changed prior to moving so I was unable to access the property. When I learned of the locks being changed, I filed eviction for breach of lease and past due rent. Unfortunately, this was not processed in time before tenant moved. Eviction has been mailed and posted on outside of old residence. My question is, what else can be done to pursue the past due rent if tenant doesn't respond to eviction notice? Thank you in advance,

Mrs. Johnnicans, Georgia

A: Once the tenant's out, the eviction Court loses jurisdiction (unless its already in progress.) So you may have to go to small claims court instead.

Dear Mr. Reno:
I am a landlord with a mother-in law house. My renter signed a one year lease from January 1, 2006 thru December 31, 2006. It wasn’t renewed and the agreement states that it automatically changes to a month to month basis if the lease isn’t renewed for any time period. He paid the first and last month’s rent. Recently I increased the rent from $575 to $650 per month. He is moving out soon and my question is since it’s a month to month basis, that had a rent increase, what is his last month’s rent, $575 or $650. Thank you

Jack J Dragovich, Washington state

A: If you raised the rent, and he has paid $650.00, then he's ratified (accepted) the increase and so his last month's rent will be $650.00.

Dear Mr. Reno:
Hi my name is Terese Anderson, and I am not sure who to contact about this, but this seemed like a good start. I have been renting in the Minneapolis area for the past six years, last summer when applying to rent to a new place, I was turned down because an eviction appeared on my renters history. This was confusing to me because I have never been evicted. Also it said it was from 3 years ago, and I have never had any problems until this past year. And my roommates that also lived with me that year I supposedly got “evicted” have nothing on their records. This would lead me to believe that there has been some sort of mistake. Now that I am looking to rent again, I am worried that this will continue to be a problem. Please let me know of any help you can give me, or of any suggestions. Thank you for your time,

Terese Anderson

A: Just like when there's a mistake on your credit report, you can dispute it. So in your case, you have to contact whoever is compiling the "renters history" list you are referring to. Whose list is it? Is it an LPA list? I'm sure they would be responsive to your situation.

Dear Mr. Reno:
The tenant is creditworthy and signed a six month lease. She now wants to move out citing that she will not afford the rent at the end of the month. Can I claim rent for the remaining contracted period. Thx.

Tebo, South Africa

A: Where I am (NY) the rule is you can sue only for the month the property was vacant, or if you had to rent for less, so you have to wait until the 6 months are up. Some states say the landlord must try hard to re-rent (mitigate damages) and lose if the don't try hard. I don't know about your state and I have no idea about Africa!

Dear Mr. Reno:
Hi, I have a tenant that asked if he can have a satellite dish installed a few months ago. I had informed him that he was not allowed and that it is a liability for me as a owner to have anyone on my roof, not to mention the damage that it leaves behind. I just found out that about a week ago he had two installed onto my chimney regardless of what he was told. I have since sent him a certified letter ordering him to have them removed. What would be my next step if they are still on? Can I remove them myself? Can I sue the company for installing it without my permission, which he had first told me that he needed? By the way, his lease expired months ago and was not renewed.

Christine Marengo , New York

A: You've got troubles. Read your lease. Does it say he can't? Otherwise, he can! If you feel that strongly about it, you could notify him that unless he removes it, his lease wont be renewed. Other than that, you may be stuck.

Dear Mr. Reno:
My father-in-law is a client of Adult Protective Services, my husband was made his representative payee. He now is mad and trying to retaliate and wants to evict us off his property. We own the mobile home and live behind him on his property. We do not have a lease or rental agreement, only a letter with his signature on it stating we could place the mobile home there (this letter was signed prior to the representative payee and his short stay in a nursing home placed there by Adult Protective Services) He has given us a 3 day eviction notice. What do we do now and what type of attorney do we hire? Thanks

Kimberly Inskeep, Midland, Texas

A: Tienen una problema grande. (Did I Say that right?) You have no lease- and a lease will rarely be implied or assumed from circumstances. You are probably entitled to more than 3 days notice - that's for squatters, but maybe only 30-60 days. You might want to start looking for another place to park your home.

Dear Mr. Reno:
My name is John Flynn and I have rental properties in Maryland. I have a tenant who I entered a lease with option to buy agreement with back in April of this year. For your reference, I used the LPA form for this type agreement with some minor additions to suit my own needs as our official document covering the agreement. As a part of the contract, I asked for a $3000 option deposit to be considered as a down payment towards the purchase price of the home upon closing. I also made it clear in the contract that this $3000 was non-refundable in the event the option was not exercised according to the rules of the contract. I did not collect another form of security deposit from the tenant as my intention was to use the surrendered option deposit in the event the contract was broken to cover any cleaning, etc charges required to turn over the property to the next tenant(s). I did this as a favor to the tenant. Looking back, I should have collected an additional month’s rent.

My tenant suddenly has broken the contract due to some family obligations (she can’t tend to her ailing father in the house I am offering) and she realizes that her $3000 is gone and not to be refunded to her. My problem is that she feels as though she can just move out all of a sudden without paying for any additional rent. For your reference, she notified me of this issue on July 2nd at which time I told her that she is required to pay the full July rent obligation. She called back and stated that she feels that she has “paid enough” and has no intention of honoring the 30 day minimum of notice that is required in the agreement (this is the MD law requirement). To be really literal to what the contract says, she still owes me the LPA “Notice to Vacate” form that states her intentions to leave in writing. I have received nothing in writing from her in writing even now July 10th.
I have not talked to this lady in several days now as I am hoping that she will realize after talking to her friends that she is obligated to give me the 30 days notice. I haven’t brought this technicality up to her yet (30 notice), but plan to do so in the coming days so she is aware that the contract she signed states this requirement. In the mean time, I have worked really hard getting the property fixed up getting ready for the next tenant and have recently had several showings of the property.
I am writing to you to get your agreement (or disagreement) with my thinking in this situation. Is she required to pay me 30 days additional rent following her notification (in writing) of her intention to vacate? Since she has moved out, what can I do to get this money in the event she does not agree to pay me? Is it possible to get a court order for her to pay without it costing me a bundle of time and money? Thanks in advance for your expertise,

John Flynn, Maryland

A: If you want to avoid spending a bundle of money, that's what small claims court is for. You can sue for the one month, but there's no guarantee. You already got $3000.00 The Court may say you've got enough, which is not legally correct, but sometimes they don't enforce the 30 day law against the tenant.

Dear Mr. Reno:
I have a very nice couple that constantly pays their rent 15 to 20days late, they pay the 5% late fees -- but they are disorganizing my bill payment routine -- I live in MD, it is a violation of their lease, I have taken them to court once, however they paid the whole amount before the eviction date -- I would like to get rid of them. what are my right s at this time?

kakyayi@comcast.net, MD

A: This is a common problem. Take the late charge and be happy. When the lease is up, if you don't want them, don't renew it.

Dear Mr. Reno:
Can I be evicted if I own 10% of the property? (Landlord died, left me 10% in his family trust, executor wants everyone vacated before they sell the property).

Jeff Ingalls, Glendale California

A: Yes, because the estate/trust owns the property. Why don't you use your 10% to negotiate a buyout of the other 90% from the Executor?

Dear Mr. Reno:
I have tenants that have moved out and left the house very dirty, the yard severely overgrown and neglected, Mold in the walls, excessive wood floor wear, trash left in the house and grounds and are expecting a full security deposit back. How should I proceed? Thanks in advance,

Alfred G. LesCallett, Virginia

A: Make an itemized list of damages. KEEP YOUR RECEIPTS. Notify the tenants what your deducting from security and why. After that, the ball's in their court.

Dear Mr. Reno:
My son-in-law rented a garage in Ohio to a man who has not paid rent since January 2008. My daughter, son-in-law and three grandchildren moved in Dec. 2006 to St. George Utah so my husband and I are maintaining their rental properties for them. He has contacted the tenant numerous times and was told that the rent was mailed. My husband hand delivered to the tenant at his home a notice to vacate the premise of the garage on June 26, 2008 giving him until July 1, 2008. He was told that he owed $1,250.00 for six months and told my husband that he might be able to come up with $400.00. This was not the first time he said he would come up with money to pay past due rent. As of today he has moved nothing from the garage. Do we need to get a power of attorney in place from our son-in-law to proceed with a court eviction? Is a court eviction necessary? Can a judge in any court demand that we have an attorney represent our case for an eviction or can we handle this ourselves? Can we seize his property within the garage until the court proceedings are complete? Your advise is greatly appreciated

Tom & Doris Higgins, Port Clinton, OH

A: 1. Yes, you need a power of attorney at the very least, but you have to ask the court clerk, if they'll allow it because it varies from place to place.
2. Yes.
3. No, they wont insist on an attorney, but they might require the landlord to appear (See #1).
4. No.

Dear Mr. Reno:
Dear Mr. Reno:
My step-son was hurt at work and was awarded workman compensation, then social security disability and SSI in 2005.
His Mom is dead and his Dad dropped him and his older brother in another state when we split up. I had not heard from the three of them for one year. Then David called and said his Dad dropped him and his brother off in a small town right after our divorce was settled. They'd tried to make it on their own and did whatever they could to just survive, could they come to my house. I was with their father for one year. I let the boys come back and they are both drug addicted and alcoholics. I've tried rehab, etc. They don't want to get off this drug. This has continued for 17 years.

Well, David is now 34 and uses every excuse he gets. David was hurt at work in 1994. He did purchase a used mobile home and cheap furniture with his settlement and blew the rest on crack. Then he asked for my help when he was being evicted four months later. He promised to go down the straight and narrow if I'd help. He called asking if I'd be his Rep Payee and help him save his trailer. I went to court and readjusted the social security payments so he could begin drawing a social security check now, instead of waiting for ten years.

I said, only if I was the Rep Payee and purchase his title from the bail bondsman as I would know I'd get my money back if I handled his finances. David had Social Security make me his financial manager (Representative Payee), I paid his back rental payments, utilities, court costs, etc out of my money so I could relocate the home on property at the edge of a small town so David would be able to restart his life. Well, he immediately switched his Rep Payee back to himself (breach of our verbal contract). He has not paid full rent in the past 30 months he's been there. When he gets 3 months back, he asks for state assistance and somehow he has always gotten the help.

David originally bought the home for $9,000. I bought this trailer from the bail bondsman for $70, and then I had to put $7,000 into the home (including back lot rent, utilities, transportation costs to relocate and reset the home, and court fees so he could move out of the county, and I had to really upgrade the place to get an occupancy permit (including an $800 hot water heater, new windows, new doors, insulation, etc.) I have $28,000 in land and improvements (cut trees, clear land, permits, well/pump, septic, cement slab, cost of the land, etc) for a total of $35,000 invested.

Now, I am so tired of David continually being behind. I am struggling with my payments to the mortgage company, taxes, homeowner's insurance, etc. The home and land is solely in my name. I thought that I could get all his bills paid, and he meant it when he asked for help. But, now he laughs and says he doesn't have to pay me I can't evict him as it used to be his home. He says he was on crack and I took advantage of him and stole the trailer from him when he was incompetent. He has dogs in the house and allows them to urinate all over the carpeting. He has put holes in the walls. He runs out of propane, then says the pipes will freeze if I don't put propane in the tank. I rewrote the lease to state any damage incurred from his lack of maintenance is his responsibility. He still lets the propane run out and wants me to pay the relight fee as he won't light the pilot. He went a week last year, called the police saying I was not providing heat and they wanted to arrest me until I showed them the lease and the number of times he has pulled this. It is always a fight with him. He tries to outsmart me instead of paying the rent and working with me. I have to go cut the grass or get a ticket from the county. I've attempted to evict him twice and both times he had someone step in and pay his back rent.

Can I legally evict him in 3 or 10-days and salvage/sell the home to recoup some of my investment? Or, because this was first his home and I was dumb, would this be considered stealing his home when he was really into the crack? I don't know what the courts would call my earnest (and dumb) desire to keep him off the streets thinking I would be able to manage his financial affairs until he could get on his feet. Then he could get a bank loan and buy it from me for what I had put into it.

He can't get a loan as his utilities are continually shut off. He tries to get credit cards all the time. He gets telephones, cell phones, cable, internet, etc. and doesn't pay for them. He gets shut offs and just goes to another company. His credit is shot. He is low income but with bad credit he can't qualify for MSHDA, Freddie Mac, or other federal or state backed low income loans. He refuses to participate in a self-help program where he has to contribute 250 hours and the state will build him a home. Tired of being taken advantage of and just want out. In doing so, he'll be put on the street. I am tired of the drama, my credit is in jeopardy, etc.
What are my alternatives.
Respectfully awaiting your reply,

Charlene Wood, Michigan

A: Well you tried a nonpayment proceeding, that didn't work because he paid. So now even though he's current you still want him out? Ok, then the other pathway is a thirty day notice. Try that. He has no lease, right? There you go.

Dear Mr. Reno:
I am I am a real estate investor with 8 residential rental homes in the Atlanta metro area. What reliable company or agency can I use to run a credit application for a prospective tenant? In the past I have always faxed the application to a company who would run it through the 3 big credit agencies. It would be faxed back to me with a complete credit history, criminal background check and address verifications. I would be charged $25.00 for this service. Now, with the implementation of the privacy act, I can not find any company that will perform this service. One national company wants to physically come to my home office and charge a hefty fee to see if I am keeping the credit reports under lock and key! There has to be another way for me to protect my real estate interests. Thank you for your time.

Lynda J. Champaign, Georgia.

A: Sorry, that's a little out of my area. I don't make sure they'll pay; I evict them when they don't. Keep looking.

Dear Mr. Reno:
Hello my name is Rodney Marshall and I live in Springfield, Illinois. 5 1/2 years ago my wife and I purchased a home from my wifes brother CFD. He never filed the paperwork. Last year I was laid off for a period of time and we missed a couple of half payments. The brother never said anything about it. This year he realized it and called my wife telling her we had 30 days to move out. We have paid in 5 1/2 years of equity plus alot of improvements to the home. He never gave us any notices about the missed half payments. My question is do we have any recourse with getting any of our money back for equity or the improvements we made.

A: You have two choices. Either walk away and cut your losses, or else you need to hire a lawyer and start a law suit- and I don't mean small claims court

Dear Mr. Reno:
I NEED A KEY TO MY TENTANTS APARTMENT. HE REFUSES TO PROVIDE ONE. I KNOW THAT BEING A LANDLORD IN CASE OF AN EMERGENCY OR REPAIR THAT HAS TO BE DONE . I NEED SOME WAY TO GET INTO THAT APARTMENT. I HAVE BEEN BLOWN OFF SO MANY TIMES WHEN I APPROACHED HIM ABOUT THE MATTER. HE HAS EVEN GONE TO THE EXTREME OF CHANGING THE LOCK HIMSELF AND NOT GIVEN ME A KEY. WHAT CAN I DO?

NANCY FROM CONNECTICUT

A: Either GET OVER IT, or find a new tenant. Pick your poison. You'll never win this battle. The guy is "bad news" anyway.

Dear Mr. Reno:
We just had renters move out of a house we own. When they moved in the flooring was new along with new vanities in both bathrooms. After they moved out, we have discovered major cigarette burns in the flooring and marks and burns on the vanities. We are keeping their deposit but this doesn't begin to pay for all the damamges they have done. What can we legally do now to recoup some of these expenses? Thanks,

Becky Showalter, Iowa

A: If the damages exceed the security, I guess you're small claims bound, aren't you?

Dear Mr. Reno:
Tenant has paid for month of June and was evicted on June 11th. Damages to the apartment are in excess of $6,000 after security deposit has been deducted. Utilities are still owed. I cannot rent for at least for two months, due to damages. What happens to rent excess due them and utility money due me and also excessive property damage? ***Kindly advise as to how to find your answer..I asked a question before and could not find out where to go to receive an answer. Thank you in advance for your help and cooperation

Paula, New Hampshire

A: There's no "rent excess". They owe all of June because they were there until 6/11. Damages: report to small claims court. For answers on the website go to http://www.thelpa.com/lpa/reno.html

Published 2008-07-05

Dear Mr. Reno:
I've been in my current residence for a little over 3 years. My previous roomate and I signed a one year lease. When the lease expired he decided to move out and asked to be removed from the lease. He turned in all the necessary paper work to have this done. I had another roomate move in and we attempted to sign a new lease. His credit wasn't good enough and my property manager said he could not stay. I said Ok I'll look for a new place. He called me back and said not to worry about it and keep paying rent. What he did was never remove my original roomate from the lease and let it go to month to month with us both still on it. Cut to two years later. They won't fix anything. He never replies to phone calls or messages. I have heard horror stories from other tenants about getting back deposits. He was shady in not taking my roomate off the lease. I turned in my thirty days notice and asked him to come out and tell me what I'm responsible for before I would give him rent for fear of him keeping all of the 1400 dollar deposit I gave him. He said I was responsible for paying for recarpeting. The wear on the carpet is very normal wear which as far as I know is their responsibility, especially after three years. Rent was originally 1400 and has been raised to 1587. I gave him the extra 187 on top of the deposit, and told him I would pay for whatever repairs need to be done other than the carpet, but that he was not going to keep my entire deposit. Any advice on how I handled it or how to proceed? Thanks a bunch.

Adam, California

A: If you think he's keeping too much of your security deposit, take him to small claims Court. That's about 50% of what they do there.

Dear Mr. Reno:
A former tenant was in the property when I acquired it. He had a history of non-payment. His first payment to me was a partial one - telling me he was waiting on a payment from his lawyer. Two months later he gave me $700. that he got from his lawyer - promising more when the lawyer gave it to him. This was in 2006, in 2007 he couldn't pay and wouldn't move out. I finally had him evicted owing $3000. Since then through his lawyer he won a settlement for him and he received One Hundred Thousand Dollars. His lawyer has been subpoenaed twice but has not answered or shown up for court. What is my next move? I fear the lawyer has given him the money and he has disappeared. If he has spent the money, would it be worth my time and effort to pursue this case? Can his lawyer be held responsible? Thank you for your reply.

Mary Louise, Phila. Pa

A: You say his lawyer has been subpoened (about the settlement, I assume) and hasn't shown up? That's not normal. Do you have a lawyer for that? Something's wrong with this picture. Lawyers don't ignore subpoena's because they could be disbarred for that.

Dear Mr. Reno:
I have a 2-bedroom apartment that I rented to a couple with a child (mom is also expecting another soom). The unit is attached to my home and I pay for the water supply, as well as heating the water and the heat itself via propane. At the time I rented the apartment to them, my printer was not working so I did not have a lease (but I did provide them with a copy of the lease from the prior tenant to read over, as there were not going to be any changes) to see if they would agree to the terms before they moved in and told them that as soon as I could, I would provide them with one. Well, I still have not gotten them their own copy with signatures, so basically, they are month-to-month renters for the time being. I made them aware of the fact that we generally rent to 3 people MAX,(two adults and a child) as the unit is very small and this was also outlined on the copy I gave them to read over. I made an allowance for the little one on the way, as they don't need much room. Here is my problem---My tenant has a youger sister who is having problems at home and has been staying with my tenant now for a week. They informed me of this, and I agreed that it would be okay to let her stay for a while to let things die down a bit. Yesterday, my daughter came home and told me that the "little sister" (who is a friend of my eldest daughter) approached her in school and told her that she was moving in permanently and to tell me that she needed a bedroom!!! This would mean 3 adults and 2 children in this tiny 2 bedroom unit that I am paying the ultilities for!!! On top of that, I was never asked---it was just assumed that it would be okay. I have informed her that she could not move in. What are the rights regarding this situation?

Robin Ginter, New York State

A: Well the bad news is there's no lease. There is no agreed upon occupancy limit. The good news is also that there's no lease. If you're unhappy with the arrangement you can serve a 30 day notice anytime now. (Maybe talk first? Give an ultimatum?)

Dear Mr. Reno:
I have a tenant who is renting a mobile home from me. she moved in 05/01/09 with 1/2 deposit and 1st months rent. then 5/09 filed bankrupsy and says she doesnt now owe the other 1/2 of the deposit because it was a past debt. However, we have no lease with her because it never got signed. Can I evict based on landlord wants property back? .

Kim Carroll, Texas

A: Yes, you can evict, but you'll need a bankruptcy attorney first. The bankruptcy includes an "automatic stay" of court proceedings. You need an attorney to lift before you can proceed.

Dear Mr. Reno:
My problem is that I rented the unit to a guy who said on the application he does not smoke, now the application as well the lease state clearly No Smoking and No Pets are permitted on the property. He brought his brother who is not on the application nor on the lease to live with him. At the beginning of the month the guy on the lease send half of the rent and I have to wait sometimes more than 10 days before collecting the remainder of the rent. In addition to that the brother from time to time smokes inside and that brakes the terms of the lease, I call right away and he apologizes and say it won't happen again but the problem it is happening over and over. Could you please guide me how to deal with this case, and what type of forms do I need in case of eviction notice? Thanks for your help.

Anna, Toronto, On.

A: You're probably going to need to wait until the lease expires, and then not renew it. In the meantime, LPA has forms you can use to advise of a default (check LPA's Essential Forms). But, evicting someone on that basis is problemmatic because he can always say he's just now quit.

Dear Mr. Reno:
I have a tenant in Oregon who is one month behind in his rent. He has promised to pay in full next month (don't they all) with bi-monthly installments to get caught up. Is it legal for me to take the title and spare keys to his car as collateral if his misses installment payment? Thanks!!

Steve Rissberger

A: Yes, it is legal, but you wont be able to do anything with the car unless he signs the title over to you- so that's a problem because he says he's gonna pay you. It might work as a tactic, but in the end, you're not getting that car.

Dear Mr. Reno:
I have tenants who are good tenants in that they always pay on time, and keep the house very neat and clean. They do have a cat (their lease states no pets) but I am willing to overlook since they pay rent on time. Recently they demanded a new front door be put on because the old wood one had a small crack in it. I obliged, however they didn't like the way the contractor I hired installed it, and threatened to hire their own contractor and take any expenses incurred out of their rent. Is that legal?? I want to keep them happy and keep them in there, but at the same time do not feel I should cater to their every demand. Please advise! Thanks.

Emily, Philadelphia, PA

A: Tell them any further "door work" will be at their expense. Don't let them deduct it. They're out of line!

Dear Mr. Reno:
I learned a very hard lesson, but am much wiser now and really do my homework.I had tenants who moved the middle of March, 2008. They did not pay their March rent. Their lease was for 1 year, beginning November 1, 2007. There were substantial damages when they moved out. I did have a security deposit, which was not to be used for the last month's rent. The deposit did not cover the last month's rent and damages. The neighbors told me that a third, unauthorized, adult had also been living there. I have mail addressed to him that was in the trash. I cannot loc ate the renters, and know that the female has been sentenced to prison for burglary. My question is, can I go after the other person not on the lease for damages even though he was not on the lease since I can show that he was receiving mail there? Thank you,

Donna Tinker, Joplin, Missouri

A: Yes, if you can find him. (You can't technically sue for rent since he was not your tenant- but you can sue in small claims court for something called "use and occupancy." It's rarely done.

Dear Mr. Reno:
I recently had a young single mother wanted to rent a duplex apartment from me. She put down half of the security deposit, and then I asked her a total of three times if she was serious about wanting to move to North Carolina. She said yes. I should mention that she is on section eight. I also work with her. I was trying to help her. Well, anyway she paid the reminder of the security deposit and then had a meeting with section 8 to recertified. At the meeting she found out she had to paid more of her rent. She called me and told me and I said okay. Then she told me she could not move and wanted her security deposit back. I told her about the clause in the rental application, and that I had to stand by that. Since then she wanted a copy of the application, which is alright, and a duplicate copy of the receipt she already received. Which I feel I should not do, because I already gave her receipts for both payments. Also when she filled out the application she was instructed to read the part about the security deposit. What are your thoughts on the receipts, and what else can I put in my letter back to her. I will never try to help anyone again. Blessings,

Denise McGhee, Rockaway, NY

A: This crazy person sounds like she's court bound, but may have lost her receipts. If you provide them, she's cleared for take off. So don't. Tell her your lawyer says you don't have to. She may still take you to court, but you don't have to make it easy for her.

Dear Mr. Reno:
Just rented a home, tenants have been in for 10 days. A/C seems to not blow cold air. If Landlord can't afford a new unit, can I break the lease? Lease was signed as 6 months then month to month after that.

Heather, Tennesee

A: Give 10 day notice in writing certified mail. Demand repair, if not done you can deduct repair bill from the rent. (READ YOUR LEASE!) You may have specific clauses pertaining to this.

Dear Mr. Reno:
If city and county taxes are raised, does that give the landlord the right to raise the rent?

Pat, Memphis, TN

A: No. But if its a month to month- he can ask you to vacate- keep that in mind.

Dear Mr. Reno:
Concerning deadbolt locks with keys inside and out. Should I be getting a written agreement from the occupants stating that we are not to be held liable in the event of a fire and someone is trapped inside because they could not locate the key for they deadbolt lock? Thanks for your advice

Carl Spencer, North Carolina

A: That's an interesting idea that I've never heard of. I think if the tenant installs a deadbolt lock you wouldn't be held responsible. But if it makes you feel better, throw it into your next lease.

Dear Mr. Reno:
What is the best remedy for neighboring tenants who despise each other and are feuding, neither of whom have any intention of moving out, but both want me to “do something” about it. Neither has broken the lease that I’m aware of but they simply can’t get along. Should I have any responsibility in that or is the best remedy to let them work it out between themselves and/or one of them voluntarily move out on their own? Thanks,

Rob

A: Everyone's got feuding tenants this month. I'll tell you what I told them. If you've got one "crazy" tenant, you're going to lose all your "normal" tenants one by one- so evict the nutcase. On the other hand, if you're not sure who's at fault- don't take sides. Keep out of it.

Dear Mr. Reno:
Hello, I was wondering what rights do renters have if they find out that the landlord is in foreclosure.

Lillian Alston

A: A lot of tenants stop paying rent when they find out the landlord is in foreclosure- THAT'S A MISTAKE! You can still be evicted because the landlord is still the owner until the foreclosure sale. After the SALE, you can ignore the landlord.

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