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 2008-05-31

Dear Mr. Reno:
My tenant failed to give proper notice, did not pay rent for moth of april and vacated the property after I served her notice, but did not return her keys and left several items in the apt. It has been nearly two weeks. Can I consider this abandonment or do I still need to take her to coirt to regain possesion of the aptartment?

Dianne from PA

A: Retake possession, but save stuff until 7/1/08.

Dear Mr. Reno:
Hello ...what timing, in regards to the newsletter today. Quick question: 1. What right do I have, to junk my tenants personal belongings if she gave me a move out date of xxx and left on that date, but did not pay the rent, did not clean up her mess (I rebated back all of her deposits a year ago for being a "good" tenant) and not only left trash, debris, animal feces, torn up carpets, and other damage (which I took many photos of today), AND is now asking to come by to pick up her items? We've changed the locks, and I basically told her that she could only claim what she left behind if she paid us the rent she owns us, in full, by this Friday, 5pm...I understand that we had the right to just trash whatever was left behind the very next day. I feel that she is taking advantage of like, free storage or something. And, in light of the damage, she also took appliances that didn't belong to her, that she is stating were broken, and now is stating she gave them away..do we have the right to take her to small claims court if we wish to? Do I have a right to contact her new landlord and show the photos of the way she left our place? Thank you so much,

Landlord in Training (2 years only), Vivienne

A: If you have her stuff and you're holding it (for ransom?) you're really not allowed to do that. It could be criminal "conversion" of property. If it makes you feel any better, you can tell her new landlord anything you want, as long as it's true.

Dear Mr. Reno:
Reno: I am a landlord with couple of rental properties in Staten Island, NY My name is Leena Dsouza and I am a landlord with couple of rental properties in Staten Island, NY. I am renting to a Section 8 tenant. I had initially signed a lease with Section 8 for a 2 bedroom apartment (in a 3 bedroom house) for a contracted rent of $1200. Subsequently, the tenant indicated that she would be interested in the 3rd bedroom and would pay the additional rent. She signed a letter, notarized, indicating her agreement to rent the 3 bedrooms at a higher rent of $1700 and she would pay the additional share from her side. She paid the rent for over a year and then stopped paying. Now she says that she signed for a 2 bedroom apartment and hence not supposed to pay for the 3 bedroom, even though she had willingly agreed to do so, by submitting a notarized letter. She is claiming the additional rent she had already paid for the 3 bedroom, on the grounds that my agreement is for a 2 bedroom for $1189 and hence I should refund the additional amount she paid. Can you please advise my course of action. Thank you.

Leena Dsouza

A: Many Section 8 landlord's are running into trouble because their agreements with the tenant are different from the Section 8 lease. I don't think this tenant could sue you and win because you have that letter. On the other hand, if you tried to evict this tenant for nonpayment of the extra rent, you probably couldn't do it.

Dear Mr. Reno:
I see many answers to questions indicating that if a tenant files Chapter 7 then the landlord should contact their attorney right away or the landlord risks the rent that is owed to him. However my situation is a bit different. My tenants have been great, and always paid their rent 100% of the time. So they don't owe me anything. I have no problem with them at all and am very happy with them. The tenants have informed me they are filing chapter 7 (they owed a lot of money on house and car etc before they renting from me). I know this will allow them to get out of my lease (LPA Lease) but they want to stay in their unit. Their lease is almost up and I don't actually care if they stay or go. I just dont see any reason to ask them to leave. let me know your thoughts. I will be speaking with their attorney in the next few days at their attorneys request. So I just want to know if there is anything I should look out for. Thanks for your time.

Aaron Lennon SpokaneSpaces LLC

A: I don't see any problem. Bankruptcies are problematic when you try to evict for nonpayment, but that doesn't seem to be your situation.

Dear Mr. Reno:
I have a house that I put up for sale April 29, 2008. The tenant that live there wanted to buy it, but their credit are bad. They was living in there for a whole year and was and fix their credit before the lease was over for they could by the house, but they didn't. Their lease ending May 3, 2008. They want a six month lease I told I will give them month to month lease because the house is up for sale. They still living there and have not renew the lease and given the real estate agent hard time. This is my first time haven a tenant and it a bad expires. What get me I know the guy from working with and trained him and did not ask for and security deposit or last month rent never charge him for late fee. Please help me. He had change the locks and never gave a key.

Nancy,Philadelphia, PA

A: You're going to have to serve the tenant a notice to vacate. It would have been nice to collect rent while the house was on the market, but it takes two to tango. (By the way, after you serve them the notice, they might change their tune, but don't count on it.)

Dear Mr. Reno:
I have a 4 bedroom with a 1 bedroom attached to the rear both are rented and have no smoking leases. The family in the front smoke outside but the smoke seems to drift not just in my other tenants windows but also in the surrounding windows of my neighbors. I am getting complaints from everyone. I leased the house for 4 months with an option to renew the lease for 1 year, the lease is up at the end of June. Do I have the right not to renew the lease because of neighbors complaining about the smoke even if they are not smoking in the building? Thank you,

Anna Evans NH

A: Yes, because you always have the right to not renew a lease for any reason or no reason (as long as it's not unlawful discrimination.)

Dear Mr. Reno:
I have a neighbor who lives next door that has a 100+ foot tree that is rotted from the inside. A large portion of in (85%) of which has fallen in my back yard and has caused more that $1800.00 worth of damage to my house, and electric power lines. I have not spoken to the landlord before about this tree because he is hard to locate. Now there is the potential damage that this tree will cause when the next 40-mile wind comes trough (80% of the remaining tree is hanging over my house) and could destroy my house and the income from this property. What are my options and can I sue for any loses that I incur?

Nathaniel Easer Memphis, TN

A: It's really for the landlord to deal with, not you. But if you're worried about damage to your own property, send a certified letter first so the neighbor can't say later he was unaware. That will help you in a future law suit you might file.

Dear Mr. Reno:
I have a tenant who has been in my property for approximately 5 1/2 months. This tenant has been trouble from the very beginning. She calls every couple of weeks with outrageous requests such as: "I broke the key off in my door, I need a new lock (and does not want to pay for the lock)," "I have someone living in my house and I did not give them permission to move in...will you help me get her out," and "The grass is attracting mice, please do something (pest clause in lease that states, pest control is the tenant's responsibility for the entire tenancy)." This tenant MUST GO! We were sending her a 60-day notice to vacate when we received notice that she filed for rent escrow. Should we send the 60-day notice to vacate before or after we attend court? I am thinking that we should wait until the escrow issue is cleared before I send her notice. I do not want to make it look like we are not renewing because of her escrow filing. Note, the repair (a leaking ceiling that she watched leak for 1 whole month!!!!!!!before reporting to us!!!!!) that she claims we did not fix had been repaired 2 weeks BEFORE she filed for rent escrow! She outright lied. We sent our repair man out the SAME DAY SHE REPORTED THE 1-MONTH OLD LEAK!!!! Absolutely ridiculous! Your legal advice / opinion is greatly appreciated! Sincerely,

Misty Ryan (MD)

A: You have a point about the way it will look. On the other hand, you say her case is totally bogus anyway. So if you're confident you can prove the leak was fixed promptly, you don't have to worry about how the notice will look. It's your call.

Dear Mr. Reno:
Daughter-in-law filed TRO and son signed an agreement allowing her to stay in property until a divorce is finalized owned by me in court. I did not authorize this agreement and there was no lease/rental agreement on the property. She has been sent a notice giving her 30 days to vacate or pay monthly rent. She cannot pay rent. How do I get her removed from this property? I am 73 years old and need to move back into the residence.

Erwin – New Jersey

A: The TRO is not binding on you (only your son). You can evict her now by serving the appropriate notice, but you'll still have to go through the Courts so you'll probably need an attorney.

Dear Mr. Reno:
Can I legally deduct from my tenants security deposit, the commission I paid (one months rent of $1200) to an agent? The old tenant actually vacated on May 1st--her contract had expired on April 27th, but then automatically went to a month by month contract. However, she never gave me a written 60 day notice as required per our lease contract. She emailed me on April 28th that she would be out on May 1, so I reminded her that I needed a 60 day notice and that I would accept her email as the formal 60 day notice. She proceeded to move out, paid me through the 10th of May and said I could keep her deposit. So, I hired the same agent (who had found her the year before), and she was able to find someone else who moved in on May 17th. So, I've charged her for seven more days rent, and expensed the $1200 commission to her security deposit. I posted on the LPA forum and someone told me this: "LL can only deduct unpaid rent from security deposit after move-out. The security deposit should only be used for damages and repair prior to move-out. The cost of advertising and fees for re-rental is an lawful deduction with an early lease termination prior to expiration. Tenant is responsible for rent for all the dates of personal occupancy and vacancy between tenants until lease expiration." Is this good advice--I can deduct the commission cost to the security deposit? Thank you so much for your response! Sincerely,

Caroline Drummond

A: It goes by the lease. With no lease, you can deduct damages but not rerental expenses. With a lease, you can, BUT ONLY, if the lease says you can. Remember, even though the lease has expired, the clauses in the lease live on, just on a month to month. Many leases specify rerental expenses. Does yours?

Dear Mr. Reno:
I signed a lease with my boyfriend and we broke up. I moved out and he had a friend move in to pay rent with my name still on the lease. I need to know the answer to this question: If he gets evicted, do we owe the remaining months' rent on the lease? We are 6 months into the 14 month lease and we live in Dayton, OH. What are our rights and what can the landlord do to us?

krazykay38

A: Yes you can be sued for the balance, but it is rare. Also, the landlord can't sue you for the remaining 8 months unless the apartment is vacant 8 months which is unlikely. If it happens, it happens, but I wouldn't lose any sleep over it.

Dear Mr. Reno:
I have a tenant who has rented a 2 bedroom unit for 9 months gave me 10 days notice to move out 5/12/08..the couple had relationship problems..now she leaves me with a vacancy and loss of rent until I can change the locks (she did not give me the key after 4-5 times asking for it so we can get in there to clean up-paint,etc) I have had the locks change today because the unit is vacant..now she wants her full security deposit back..she left me with a rent loss situation plus the cost of any rehab to the unit..They have no lease, month to month for 1 year ,but with the understanding of a 30 notice to me of vacating the unit I do not want to give her back anything after this. My rent loss will be $500-$1,000 plus costs & depending on how long it will take me to process a new tenant..

Chuck Pennelle

A: You're entitled to the May rent, but I don't know about June. I think your small claims court bound. Why don't you offer a settlement?

Dear Mr. Reno:
When purchasing a residential property currently housing renters, what is the Florida law concerning the new owners' obligation to current leasees. Thank you for any assistence you may give.

Pat Merchant - Florida

A: I don't know if Florida has anything special, but the general rule is that a landlord is bound by the terms of a lease in existence when they buy real estate. You can't end or change them until they expire.

Dear Mr. Reno:
I have signed a 1 year house rental lease through Long and Foster Real Estate Service representing a private owner and given to them the security deposit and the first months rent, with checks for a June 1st 2008 move-in date 2 months ago. The security deposit check was deposited a month ago into the owners account, but the post dated (June 1st.) rent check was also deposited May 1st. 2008 into Long and Fosters account? What are my legal rights and the legal ramifications to Long and Foster for pre-depositing my rent check when I have yet to take occupancy of the residence? Thank you in advance.

Todd C. Marvin, Owings Mills, Maryland 21117

A: It's a little known fact that the date on a check is not binding on the payee, or the bank, unfortunately. It sounds like they deposited it by accident, don't you think? It's almost June 1. Don't let this mishap result in a total nuclear meltdown.

Published 2008-05-20

Dear Mr. Reno:
I have a tenant that has been arrested. She faces 3 counts of Retail theft (3rd Degree Felony in Utah). If she is sentenced to jail time what do I do with her belongings? This is an affordable housing project and we do not allow anyone with felonies to live on the property-can I evict her at this point-we have never run into this problem before so we want to make sure and handle it correctly without breaking any laws. Do I just need to wait until she is sentenced to see if she will be out soon or is there a way to find out what her sentence will be.

Lisa Jardine, Ardent Management, LLC

A: Try to hold onto her belonings 30 days (60 if possible) after the eviction. By the way, you can't evict her until she stops paying the rent, which should be anytime now.

Dear Mr. Reno:
I have a tenant from hell, she has 9 of my 19 tenants up in arms. She is bi-polar, taping everyone, filming everyone, and has done this at many other rentals. She has even called the dept of children and families on 2 of my tenants and they have signed a petition 8 apartments for me to please remove her. However she has legal aid on her side and everytime I go to court, it is thrown out on a technical. She has cost me $1500.00 in back rent and says she'll leave for $750.00. But I do not believe her. And my wife and I felt sorry for her and even took her around to charities to help her, let her have $100 less rent, and move in for $200. I wish to stop her from doing this to future landlords and get her out. She has also called the police many times as remaining tenants are doing threatening things andwhich aid her and now she is suing us for not providing a safe place and cutting her self on bathroom fixtures. She has police reports of not getting along with brother, father and even was Baker acted once.

Mr Schohl, Crystal River, Florida

A: Well, if she's in arrears, your best bet is a nonpayment proceeding, which it sounds like you tried unsuccessfully. So if she's still in arrears, try again if you want her out that badly. The only other approach is to wait until the lease is up, and then give a 30 day notice, but that will take much longer.

Dear Mr. Reno:
I rented a house to a family to help me with mortgage payment cause I live with my wife and having 2 mortgages is difficult. My tenants are always delayed on their payments and i'm having a hard time paying for 2 houses and i lost my job. so i stop paying for the rentals mortgages and decided to foreclose it but my renter is still livi ng in the property and still paying in late with the rent. can my tenants sue me when the time comes? what should i do if that happens? Please advice. thank you

Rodel L., Hesperia, California

A: Your tenants wont sue you. Eventually, they will get a notice to vacate from the new owner. But as far as the rent they paid, they had possession those months so they have no beef with you.

Dear Mr. Reno:
Dear Mr. Reno:
I just leased a one bed apt to a nice young lady(I think). On the lease(LPA Lease) I stated that the unit was for 1 occupant, and that smoking was prohibited in the unit. On the 1st day I noticed a possible smoking boyfriend helping her move in. At the time I wasn't concerned. I've been working on the house for the last week and noticed him there all the time without her there. And on top of it he has numerous smoking friends that come over when she's gone. I've asked her to have friends smoke away from the house to try to keep the stench out of the unit. If she doesn't ask me if this "friend" can stay there after the 7 days stated in the lease can I evict her? How do I prove he is living there? Also can I tell the friends to get lost when she's not there?
Thanks .

Gavin in Oregon

A: You have raised many of the issues and problems presented by the eviction for fault. Paragraph "25" has the clause for termination of the lease. Good luck.

Dear Mr. Reno:
I'm a rental tenant, renting through licensed property mgnt. company. The owner is foreclosing on the house. Im i entitled to my security deposit back, before my forced move out date. I need it to move into another. Also, due to the owners breech of contract, am i entitled to prepaid rent refund? Currently the bank is auctioning the home end of May 2008. If the bank is in control of the home, and the 12 month lease contract is null and void, then am i not entitled to immediate refund of security dep and prepaid rent? Lastly, am i still responsible for damages, cleaning etc? If so would the prop mgnt, owner or the bank end up charging me for these? Thanks

Scott Hutcherson

A: In a case like this, I would live out the security and any prepaid rent. That solves the problem of trying to get it back. Don't worry about alleged damages. Banks don't pursue that.

Dear Mr. Reno:
I have husband & wife that are leasing my house in desert hot springs, california. I just found out that her dad and son are now living there. Anything I can do?? their lease is up sept. 4, 2008.

Debbie C., Torrance, CA

A: "Extra" people appears to be the order of the day. Try this: "Based upon new occupants, your rent is hereby raised to $______. If this rent increase is not paid, your lease will not be renewed on 9/4/08."

Dear Mr. Reno:
Flag used for curtain- I put all new blinds in apartment, and now tenant took down one of the blinds and hung up a flag.
Can I make him take it down?
Thank You

Marita

A: When will you landlords learn that tenants can do what they want in their apartments UNLESS the lease prohibits it. I've never seen a No flag clause. Maybe it's an "alternative" prohibited, but I doubt it.

Dear Mr. Reno:
I have been on a month to month basis in a four-plex and just received notice that I must sign a one year lease, my rent is increased and the landlord is demanding the rent be paid at his address no later than 5 PM on the due date. I just found out that one of the tenants had signed a one year leas when she moved in about three months ago. Her rental is lower than what we are asked to pay and she has five days to pay the rent. Is there any law in the landlord protection act or other statutes that prevents this discriminatory practice?
Thank you.

Richard Little, Missoula, MT

A: The only unlawful discrimination is if it's based on race, color, creed, sex, religion, martial status, physical handicaps, or sexual orientations, (and I hope I haven't let anymore out). Are you claiming that, othewise, I don't think you have a case.

Dear Mr. Reno:
My tenants lease will end on may 31, and they had for the length of the lease more people than the stipulated on the lease. Can I raise the rent because of the extra people he has in the house? He is been promising that they will leave soon but they never did. What can I do?
Than you for your answer.

Norma G., Phoenix, Arizona

A: You're in luck because the lease is up, so here's su grande chance.

Dear Mr. Reno:
In my lease I have a right of Entry. Landlord has the right to enter the leased premises during all reasonable hours with reasonable notice to Tenant not less than 24 hrs. for purpose of inspection and addition. This can be once a month.
I am going to send a notice in the mail to tenant. What if they won't let me in to inspect? Can I open the door with my key and go through?
Thank You

Marita

A: Yes, if you're CRAZY. If they're not home, then I could see it, but if they're there and don't want you in it's a bad, bad idea.

Dear Mr. Reno:
My grandfather allows people to occupy a small apartment which is attached to his house. He charges them $500/month, very modest amount for the area. He does not have a lease agreement. The couple have not paid rent for several months now. What are his actions to have them removed?

Bob Decker, Upstate New York

A: It's called a Petition to Recover Possession of Real Property for Non-Payment (Blumberg Form T1406) and Notice of Petition (Blumberg Form T1407) otherwise known as an "Eviction"

Dear Mr. Reno:
We rented a house from a lady for 5 years, when we were first moving in she said that the house has some issues ( plumbing, electrical and the gas furnace and mice and bugs) she never made one repair when we would ask her to do it she still would not if we did and gave her a bill ( one for 75.00 for replacement of the dishwasher) ( one for a light fixture that went out 34.00) she raised our rent, 50.00 a month and then 100.00 a month. She never replaced the furnace although she was told 3 different times by the gas company it needed to be replaced (our gas bill was three times the amount it should have been because it constantly ran) she never did any of the plumbing repairs and she never repaired the electrical problems, or the pest problem. She then wanted us to buy the house, she was asking more then it was worth and with all the problems we said no. She raised our rent another 150.00 a month. We told her at that time (in writing) that we wanted all the repairs made immediately. She gave us a 30 day no cause termination of rent. She also sent a letter saying she would not be making any repairs until after we moved. We have since move do we have remedies against her?

Sharon Lee, Salem Oregon

A: If you believe you did not get full services (elec. etc.) during the lease, you could sue her for a rebate in small claims court, although, I must admit, I've never seen it.

Dear Mr. Reno:
After you have received a judgement from the courts, how can you collect what's owed you when the defendent (ex tenant) has left you with defaulted utility bills and damages? We followed the legal route but we're being bombarded and harassed for the charges that the tenant made. The courts did nothing but journalized a court entry and found in our favor. They don't make the defendant pay. Can we someway attach a lien onto their future tax returns like government agencies do?

Yvette Hall, Ohio

A: It's usually a lost cause. Lick your wounds, and move on

Dear Mr. Reno:
I am wondering about late fees. In my rental agreement I have a statement that there will be a $25 charge if the rent is not paid within 5 days. I have some tenants that are late every month and just pay the $25 fee. I don’t think the $25 is much of a motivator. I don’t want to serve a 3-day unless they are way over due. What is the maximum late fee or normal acceptable late fee?

Rosie, CA

A: It varies. As a rule of thumb, I would say 5% of the total rent would be Okay. Now the lease can provide for more (as I believe the LPA does) and you can charge it and collect it as I have seen, but whether a Court will award it, you won't know until you get there.

Published 2008-05-14

Dear Mr. Reno:
The person who is subleasing a room in my house got arrested and looks to be in jail at least for a few months. This happened at the end of April and they missed May rent. My other roommate and I are college students and will be leaving in a few days. We are not renewing our lease. We have not been able to contact him. How do we evict him, and what do we do with his stuff?

Lindsey, Florida

A: You evict him for nonpayment the same way you would evict any tenant. His incarcerration doesn't change anything, as far as the eviction procedures go. In my county (Suffolk), the Sheriff charges the landlord about $50 to put the dead beats stuff in storage. The next county over (Nassau) makes the landlord rent storage space for 30 days (believe it or not.) In any case, handle it the same way you handle any nonpayment tenant in your area.

Dear Mr. Reno:
I just rented my Condo. I used your LPA lease forms and do not anticipate any problems. Here is my dilemma: My tenants must adhere to the condo rules just as I would if I lived in my unit. I did not put any clause in the lease that refers to the condo rules being followed. The rules state that if a tenant breaks the rules the HOA can demand the owner evict the tenant. What can I do? Can I append the lease with something and if so what should it say?

Michael Slattery from Oregon.

A: You screwed up, but alas, don't compound it by opening a can of worms. Hopefully, nothing will go wrong. If it does, deal with it then. But by "asking" the tenants to agree to this "appendage" your informing them that they are not presently bound by the rules, and a little knowledge like that is a dangerous thing.

Dear Mr. Reno:
How does one evict a live-in girl friend who has turned out to be an alcoholic? She moved in with all her "stuff" into a private house with my brother in suffolk Co, NY.
Will a lawyer be able to help? There are no written agreements.

K. Ketcham

A: She is what's called "tenant at sufferage." She gets a 30 day notice. Then evict as a "holdover" tenant. Very tricky. Probably should engage counsel. You can always give me a call (631) 667-7366.

Dear Mr. Reno:
My landlord filed a detainer warrant against me for unpaid rent and late fees approximately 3 1/2 weeks after the rent was due. I paid all rent and late fees in full prior to the court date, which is tomorrow.

He is refusing to take it off the docket, seeking a judgment. Can he get a judgment against me or take possession of the property if I paid everything in full before the court date? I have a 1 year lease and am almost 6 months in.

No notice was given prior to the filing for the detainer/judgment in regard to me vacating the premises. Only a notice saying the rent was late and late fees were now due and accumulating until paid.

Can I win this in court? I want to stay and don't want a judgment against me. Thanks!

Karen J., Tennessee

A: Well, I'm answering this after the fact, but if you paid it in full before Court, I assume your ok. How'd it go?

Dear Mr. Reno:
This one is long and complicated. My husband (soon to be ex) and I were living in and paying rent for my sisters house for about 3 years with no written contract. He has been out of the house since 2/8/08. I had a temporary restraining order on him effective apprx. 2/21/08 which included a move-out order ("The person ... must take only personal clothing and belongings needed until the hearing and move out immediately from.."). I have not been living at my sister's house since late March. I informed my sister that I am moving out and whatever oral lease contract we have should terminate effective 3/31/08. I have tried to contact my stbx ever since 3/30/08 to ask him to come get his things (separate property which includes stuff like furniture, applicances etc). He refused to pick up the phone so I sent him a letter via certified mail on 4/9/08 and rec'd the delivery confirmation on 4/11/08. In my letter, I gave him till 4/26/08 to pick up his stuff or I would have to toss them/dispose of them. It is well passed 4/26/08 and he still has not picked up his stuff. His sister had some stuff at the house so she came and got hers on 4/26/08.

Since there was the move-out order from the TRO, does this indicate that he is no longer legally a tenant of the house? If so, does that mean that my letter/notice to him is sufficient and I can dispose of his property if he doesn't pick them up? Or will I be held liable if I did that?

If he is still considered a tenant, does this mean my sister is the one who would have to deal with him? If so, what can she do? Since she did not have his address, she did not contact him but she already sent me a letter dated 4/1/08 to pick up the rest of 'my' belongings from the house and that I have 30 days from then to fully vacate all personal property. I think it was 4/5/08 or 4/6/08 that she also left messages on his VM to come get his stuff. As soon as I got his address, I sent him the letter I talked about in the above. PLEASE HELP ME FIGURE OUT WHAT THE BEST ROUTE IS, LEGALLY! THANK YOU!

Traci, California

A: What are you so worried about? You've given him more than ample opportunity to get his stuff. However, if you are so concerned about discarding it, why don't you just leave it there? Let your sister hold onto it for a while. She's the landlord- not you. After 30-60 days, she can throw it away. If she throws it away before than she's taking a slight chance. Oddly enough, he is still a tenant. (he just isn't allowed to go home.) But even a landlord can consider property abandoned after a while.
If you took his stuff with you (your letter was unclear) hold onto it until 5/26/08. Okay?

Dear Mr. Reno:
Dear Mr. Reno:
I inherited three tenant occupied rental properties. However, the monthly rental payments are far below the going rate for the areas - at least $550. to $650. Every tenant is paying well below $400. I hate to raise the rent on some of the older tenants as their income is from social security and they can not pay more.

What can I do or how can I advise them that I must raise the rent up to the going rate? I know they will not find another apartment for $325. or $375. which they are now paying.
Thank you, sincerely,
Louise J., Phila., PA

A:

A: I believe the LPA has some rent increase notice forms- my personal approach is to send them a lease. Include the new rent. If they won't sign it, at some point, notify them that they will shortly be getting a 30 day Notice to Vacate because they would not sign their leases.
LPA Note: We also include a Tenant's Notice of Intention to Vacate form for the tenant to fill out and return in the event they do not agree to sign the new lease or renewal.

Dear Mr. Reno:
I bought a beautiful furnished condo in North Wildwood, NJ last December and inherited a winter tenant. The previous owner rented the premises after the contract was signed but before Closing.

This winter tenant has been habitually late (by as much as a month), has garbage all over the unit (it smells) the sofa and loveseat are now trashed and (luckily) he did not pay April's rent at all. The lease is up May 9th. I went to court yesterday and received a Warrant for Eviction and am well on my way to getting him out, hopefully by next week at the latest, a bit past the end of the lease, but it could be worse. I have to get the unit up to speed for other rentals. I have a family reunion booked for Memorial Day weekend with people coming in from New Zealand and Canada and wanted to paint and clean the unit for them.

I had originally planned to rent the condo on a weekly basis over the summerbut I wasn't able to show it during the spring because of the condition it was in due to the winter tenant. First, is there anything I can do because I am missing out on rental income because of him, and secondly, I am now concerned that one of my weekly renters will decide that they like it and just stay without paying and mess up other rentals. I think I have actually developed a sudden fear of renting in New Jersey. I have been living and renting single family dwellings in Bucks County, PA for years without a problem because I have screened my tenants well, but it seems to me that landlord/tenant law in New Jersey protects only the tenant. I was told at the court that if my winter tenant paid the rent, he could stay well past the end of the lease. Why have an end date if they can just stay on? Maybe I should just avoid winter tenants like the plague. At least summer rentals usually have a job and house to return to.

Any suggestions? Thank you so very much.

Gail King

A: Evictions on weekly rentals are tricky. You need to protect yourself with good security(for damages) but usually you don't have to worry about them staying on. They're just vacationers. Winter renters, is another thing. They may stay on. Again, the solution: one to two months security and move fast if they're late.

Dear Mr. Reno:
My husband and I separated 5 years before he died. The deed to the house is in both of our names, also in his will he left the house to me. Since I was not living there at the time of his death, when he died my sons took up residence in the house, with the verbal agreement to pay the taxes, utilities, and any upkeep needed (the mortgage is paid). Now my sons are not paying the taxes and keeping up to their end of the bargain. They have been living there for 4 years and won't leave willingly now. I need to evict them so that I can sell the house and not have the headache anymore.

What legal actions do I need to take to get them out of my house?

Lynda Hundley, New Jersey

A: When there's a will, there's a way, andeven if there isn't a will, you need an attorney to serve them with proper notice to vacate and then do an eviction. Family members do make it tough, but believe me, they're evicted everyday, unfortunately

Dear Mr. Reno:
I have a question regarding a tenant in Illinois who has not responded to four attempts, made by our manager to set up a time, convenient for them, to conduct an annual inspection. The tenants also owe March rent, a late fee and bounced check fee and April rent. They don't have a hard line phone. They don't usually answer their cell phones. The manager did get through to them on the cell phone and informed them that their check bounced, he also asked them to pick a date and time for the inspection. They said they would call him back. But they never did. They don't pick up the certified letters we send to them. The manager finally chose two dates and times and placed the letter between their doors notifying them of the dates and times.

The tenants were given a two year lease. Year one of the lease ended on April 1st, 2008.

My question is: Do we have the right to enter the townhouse if they are not present?
Thanking you in advance for your advise.
Phyllis G, Ill

Dear Mr. Reno:
Do we have the right to enter rented property for an annual inspection? After four attempts our manager chose two dates and times. We notified the tenants seven days prior. If there is no one at home can the manager enter the townhouse? Thanking you in advance for your advise.

Phyllis G, Illinois

A: Probably NOT. You need to read your lease carefully. Any rights to acces by the landlord needs to be in there or the right doesn't exist. I think you need to start an eviction for nonpayment. Once in Court, you can make the inspection a condition of the settlement.

Dear Mr. Reno:
Can i break the remainder of a 2 year lease based on one or all of the following?
1- Landlord's agent said she would lease me the house if: I signed a 2 year lease instead of 1 yr originally asked for Paid 3 months rent in advance
2- after moving in, found out that my next door neighbor has a key to my house and garage . (she later called him a handyman)
3- He came into my house to fix the toilet, but not the one that I had complained about. He went to my master bathroom, fixing the wrong toilet.
4- I am missing 6 loose diamonds that I kept in a jewelry box, in that bathroom's lower cabinet. I recently filed a police report
thanks for your reply.

Taraneh Shahriari, CA

A: Your best case is the toilet, because without plumbing, heating, and electrical system in working order the premises are uninhabitable. But it's not that simple. Send a certified letter requesting repair of the proper toilet. If he wont fix it, you've got a case.

But what if he fixes it? Your back to square one.

Dear Mr. Reno:
I am a finding as this month progress's that my landlord has changed my lease terms stating that I am only allowed two pets when in fact she knew I had three little dogs in the house I am renting from her, I also have a witness who was present that can attest to the fact that she had the knowledge of the number of pets and clearly stated it was fine now she is changing her story three weeks before I am to vacate the premises. Now, please understand that this change in my lease did not occur until I gave her my thirty days notice. She in fact actually had a lawyer here in the state of Utah send me this letter stating that it states this in my lease and since I received this letter on Saturday May 3, 2008 it seems to me that she has changed her copy of the lease, gave it to the lawyer and attached the signed page to hers and I honestly have read my lease fifteen times it doesn't say anything anywhere in the lease about the number of allowed pets. She is selling the home and now the home is sold and having the final closing today May 5, 2008. I also recieved notice from the lawyer (C. Michael Lawrence, Esq.) that the new owner is taking possesion of the home June 1, 2008. She asked us to stay until the home was sold but we have decided to move on do to the hardship of having total strangers walking through the house I live in daily. Now that we have given her our thirty days notice as we should have she is coming back with a lawyer to try and do everything possible in the world to leave us with a horrible reputation and a bad rental history. I am at a loss and have no money to retain a lawyer she has also used our furnishings and upgrades to the hovel we moved into to sell the home. My question is which part of this illegal and which part do I have on my side? You may return an email to this email address.

I am looking forward to your answers and your help. Thank you very much!

Tracy Dugger

A: I'm confused. What's the problem? You said you're leaving anyway. Of course, it is illegal to alter the lease as you allege (sounds) like fraud), but isn't this all a "moot" point if you're leaving? I only see one problem. Are you breaking the lease? If so, maybe you should settle on 6/1/08. Could that be a fair compromise to let you out?

Dear Mr. Reno:
If I lease my rental for 12 months & the client must leave after 6 months due to job re-location, are they bound by the lease to pay for the entire 12 months or should I have a seperate rule enclosed to explain that they are liable for the full 12 months of rent?
Is their a specific form for this?
Should the un-used rent be asked for in full when they leave or can they send monthly payments from their new home? Also, would I be allowed the rent to someone else or do I have to wait until their lease term has ended? thank you

Xavier in Pennsylvania

A: Please rerent ASAP. However, the rent you collect will offset the tenant's liability. (You can only sue for the months the unit is vacant.) Some leases let you add on re-rental expenses. You will have to wait until the 12 months are up to assess your damages.

Dear Mr. Reno:
Do we have the right to enter rented property for an annual inspection? After four attempts our manager chose two dates and times. We notified the tenants seven days prior. If there is no one at home can the manager enter the townhouse? Thanking you in advance for your advise.

Phyllis G, Illinois

A: Probably NOT. You need to read your lease carefully. Any rights to acces by the landlord needs to be in there or the right doesn't exist. I think you need to start an eviction for nonpayment. Once in Court, you can make the inspection a condition of the settlement.

Dear Mr. Reno:
My question is: The condo I have been living in for 2 years now is going into forclosure and I will be moving soon. My first ''30 day notice'' had just ended and I just received a " Unlawful detainer of property'' notice to leave in 5 days. What happens next? I am unable to leave the property in that time and plan on staying as long as possible. What is the worst that can happen? And, how long do I have before I am eventually forced out? Thanks.

Ms. Landry out of Las Vegas, NV

A: You should get a court notice soon. You've got until about 6/1/08.

Dear Mr. Reno:
My tenant clogged the plumbing which caused a back up and now she is sue me because a wet ceiling tile fell on her in the basement. Instead I believe it's the tenant is at fault for misuse of the plumbing but my lawyer believes blame should be placed on the plumber who was doing work that same day. Who should the focus be on?

DPC, Pa.

A: There's no real liability, but, Homeowner's insurance will take over. If she sues, and if she has a serious injury, they usually offer a settlement, right or wrong. At least it wont come out of your pocket.

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