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 2008-06-09

Dear Mr. Reno:
I have a couple as tenants and now I was informed by the lady that she is moving out of state and wants to be taken out of the lease. They moved in last February, that is when the lease begins for a year. The gentleman continues to live in the condo. I have no idea what I have to do. Should I make a new lease? I would very much appreciate your help.

Clelia Ulloa, Orlando, Florida

A: No. She's still in it, until it expires. She's also still liable for non-payment. Then you can redo it, for just the one.

Dear Mr. Reno:
Hi my name is chantell colon, nj, Can a lanlord sue a tenant after an eviction took place 3 years ago?

A: Probably, yes. Each state has its own "Statute of limitations" (time limit.) In NY, its 6 years which is the limit for breach of a contract(like a lease.)

Dear Mr. Reno:
I just went to court and got an unlawful detainer action on Thursday - The tenant did not show up and I just went to the house and all of her possessions are still in the house . What is my next step-can I change the locks / Can I remove her possessions and rake them to storage ? Thanks for your help

Carl, Nampa , Idaho

A: I'm not exactly sure what you're saying happened in Court. Did the Court award you possession of the premises? If so, you can put the property in storage for a month or two, then discard. If you're not sure you've been awarded possession of the house, you should consult Idaho counsel.

Dear Mr. Reno:
I manage a rental house for my church, I am new to the rental business, this houses back yard butts up to a very busy highway , lots of heavy truck traffic , there is no fence , I turned down a renter because she had a small child and we were concerned about his safety. We now have a complaint for discrimination filled against us and it might go to a hearing do to lack of settlement, any advice ?

John , from Indiana

A: I'm not an expert on discrimination law, but I always thought a landlord can turn down tenants with kids just like they do with pets. You can't descrimnate on sexual orientation or martial status in many places, but I never heard about the kids thing. Is there an Indiana statute they say you violated! Maybe you should read it.

Dear Mr. Reno:
We evicted our tenants on May 10, 2008 and they left a bunch of items. They've had access to the house (breaking in) after May 10 and came back to pick up some of the items but not all. How long do we need to keep these items?

Queenie Baker, Washington State

A: No golden rule. 60 days to be safe. If that's troublesome, at least 30 should be okay.

Dear Mr. Reno:
My name is Lora and I want to purchase a four family brownstone in Brooklyn, New York. Only one of the apartments is vacant. How can I be sure the other apartments aren't rent control? The seller is selling 'as is'.

A: Call the Rent Control Board or ask your lawyer. You can also have a title company do a "departmental search" before the contract for around $250.

Dear Mr. Reno:
When a tenant breaks a lease, can the landlord keep the deposit? The deposit is less than the monthly rent. Thank you.

Christy W.

A: It's complicated. Technically the security is for damages, not rent, however, the leases sometimes authorize retaining it. Also, when the tenant sues for the security the landlord may have a counterclaim against the tenant for unpaid rent if the unit stayed vacant after the tenant broke the lease. So I guess the answer to" Can I keep it?" is definaitely maybe.

Published 2008-06-05

Dear Mr. Reno:
We are in a rental right that came with a dishwasher. We moved in on April 1st on April 22nd we notified the landlord that the dishwasher was not work. He has on numerous occasions said he would be out with one. Then he said he didn't want to have to buy one so he was looking for one. Now, he is totally ignoring our e-mails about the dishwasher. What can we do? Thank you,

Judy Caton Malden, MA

A: If the lease says you'll have one, you can fix it, after written notice, and deduct if from the rent. But if the lease doesn't say so, you should still send the notice, but your on shaky ground if you deduct it from the lease.

Published 2008-05-31

Dear Mr. Reno:
I purchased a 5 unit apartment complex which was completely rented at the time of purchase. Since my purchase a tenant passed away (March 2008) in the middle of their lease term (8/1/07 - 7/31/08). She had a grown daughter living with her but was not on the lease even as an occupant. After the tenants death we allowed her daughter to continue to live there, without a written lease with her, for the month of April at the same rate her mother was paying. She moved out as agreed at the end of April. I sincerely feel for the daughter but she is now demanding the deposit. My unit is still unoccupied. From a legal stand point may I retain the deposit or do I send it to the daughter or what? Just not sure how to properly handle this one. -

Tammy Melang

A: Technically it belongs to the mother's estate, I'd like to say, give it to her anyway. but there's a risk. If the woman had other kids, they're entitled to a share. Solution: Tell her she can a) get official appointment from the Court to handle estate or b) wait one year to make sure noone else is claiming it.

Dear Mr. Reno:
I have a tenant that broke his lease. He signed a year lease and only stayed in the house for 6 months. He paid his April 1st payment and told me that he would be out by the end of the month. He was not out unitil May 5th. Can I keep his deposit for breaking the lease or can I keep part of his deposit for the May 1st payment or do I have to pro-rate the days? Thank you for your help in advance!

Monica Jolly in Danville, California

A: He was there in May, he owes for May (all of May.) Congratulations.

Dear Mr. Reno:
Love your website. Here's the deal, my mother is a schizophrenic who will not take her medication and has not yet done anything violent to herself or others that will allow a forced committal in order to get her on meds and in the hospital for help. She owns a house (paid in full) although my brother has financial power of attorney and pays her utilities, etc. At some point, my mother allowed a couple to move into her upper floor of her house. They have been there for 18 months although I have asked them to leave several times. We believe they give my mother money to stay there although we aren't sure. The city where my mother lives has cited and ordered her to court because my mother hasn't been able to keep the upkeep on the house. My brother and I want to sell the house and put my mother into a home where she can get help. However, we can't do this and we can't get the upkeep on the house under control with these squatters in there. So, my question is, what do we need to do to get rid of these people? (Do you have any referrals for the Cincinnati area?) thanks,

Kate

A: You are approaching the unenviable situation where you may have to have mom declared incompetent and a guardian (like yourself) appointed. You could and I think should at least try to evict these people as "squatters" but your mother is the wild card in the deck. If she says they have her permission, or pay her rent your eviction will be thrown out.

Dear Mr. Reno:
Do you recommend I hire an attorney to draft a Lease Option Contract or use the form supplied by LPA? Thank you for your help

Matt Alizadeh

A: Use the LPA form, but have a consultation with an attorney about anything you're not sure about.

Dear Mr. Reno:
My name is Carletta and I live in Ohio. I have been renting my house on a month to month basis for 18 months. I just found out that in Oct. of 07 our house went into foreclosure. I just received a 3 day eviction notice 2 weeks ago. My question to you is Can I sue my landlord for the time he collected rent from me while the bank owned the house? I never had a lease agreement with him. Your advice would be greatly appreciated. Sincerely,

Carletta

A: The landlord can collect rent up until the date of the actual foreclosure sale when title passes to the bank or a 3rd party. Do you know that date? It may have not happened yet.

Dear Mr. Reno:
My sister re-signed a lease (blumberg, ny) on a condo unit where the owner was looking to sell. The owner's broker told her that she would have 3 months notice to move (even though the clause stated 30-days). However, once the apartment went into contract, the owner gave her 30-days notice and refused to negotiate. What are my sister's options (besides a lecture from me on getting things in writing)? Thanks,

Joe

A: Tell the landlord she's leaving on August 1, 2008. As long as she's current, she'll be able to stay that long, because of the process of eviction for holdover. She must at least offer the rent June 1 & July 1 and she'll be there until August 1. The buyers will have to wait.

Dear Mr. Reno:
How can I get the back rent my tenant owes me after I short sell the property? I couldn’t afford to evict them, but do not want them to get away with all the money they owe me.

Nikki, CA

A: You can't evict them, once you're no longer the owner, but nothing says you can't sue in small claims court for back rent.

Dear Mr. Reno:
I am currently sharing a 4 bed/2 bath duplex with 3 other students. Originally when I moved in only 2 of the 4 roommates had signed the lease ( I was not one of them). The lease was to run from August '07 thru May '08. Over the Christmas holidays 2 roommates moved out (the two who had signed the lease) and the remaining roommate and I were able to find 2 other students to replace them. The landlord was aware of everything and okay with the situation. None of us that are currently living here have signed a lease, and we all have given notice that we are vacating at the end of May. Well now one of the roommates has not paid his May '08 rent and the landlord is threatening eviction. I do not want my rental or credit history ruined. Legally can the landlord list me on the FE&D if I have not signed the lease?

Mandy, Oklahoma

A: I don't know about the FE&D (that must be an OK thing) but I can assure you that you can be evicted and sued for rent even if you're not on the lease, (unless you're going to make a case that you never lived there.)

Dear Mr. Reno:
Hi ! In my area, when I do evictions and bring it to court, the new judge ALWAYS no matter what, sides with the tenant, even if they are in arrears. Most of the time the tenants are in arrears but also are in violation of the lease rules. What can I do to start winning these cases and stop losing large amounts of money because of this judge.. Not only he sides with the tenant, he almost always makes snide remarks about me at the stand. Thanks

Vern, New York

A: Some courts are pro-tenant. NYC Courts (Queens in particular) are notoriously Pro-tenant. I don't have an answer for you except to say that bad judges are just a cost of doing business for a landlord. Sorry I can't be more help.

Dear Mr. Reno:
I have tenant who is paying rent reduction for exhnage of feeding, cleaning, and watering horses on my property! He has let stalls get full of manure (not cleaning), waterers run out of water at times, horses have gotten very thin (the food was there-he just wasn't feeding correct amount of food). So I gave him 30 day notice to vacate! He threatened me with attornies! So I started the eviction! Now he is stealing water and electricity to his property! (He owns 20 acres next door to my property-I did not give him permission to use my water (which uses electricity to pump the water!). JHe has until this Tuesday at midnight to vacate my property (trailer). What can I do legally do to get back $ for the use of my water and electricity?

Cheryl Skidmore California

A: Your #1 priority has to be getting this creep off your property, which you seem to be doing quite well. After that, you can worry about suing him, but you may be throwing good money after bad.

Dear Mr. Reno:
I plan to raise my rent as of Aug. 1st 2008 (this is when a new lease begins IF my renters decide to stay. Should I let them know NOW of my intentions? If they should move-out, I will still increase the rent for a new tenant. - thank you - pennsylvania landlord,

Xavier Aguilar

A: The more notice you give, the better!

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.

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