Q&A with John Reno, Eviction Attorney

Mr. Reno has engaged in Landlord / Tenant practice in the District Courts of Nassau and Suffolk for the last 24 years. He prides himself on prompt legal action and direct client service.

"Over ninety percent of our practice in the Landlord Tenant courts consists of evictions of tenants, primarily for non-payment of rent. We also assist landlords in preparation and/or review of leases and consultation on other matters affecting the Landlord - Tenant relationship.

We find that Landlords who contact us have often waited too long to commence an eviction, usually in an understandable effort to resolve problems amicably. Landlords need attorneys who will not compound the problem with unnecessary delays or expenses. For this reason, our main priority is immediate action. In most cases, we commence an eviction within 3 days of being hired and have our client's cases in Court within 7 to 10 days of being hired."

If you are a landlord with a tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Please Note: Mr. Reno is an active practicing attorney with limited time and will do his best to respond to relevant questions. The high volume of e-mails may require the LPA to enter your question into the LPA's Landlord Q&A Forum.

Published 2012-08-17

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

Ratana, VA

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

Published 2012-08-16

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

Rosilyn, OH

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

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

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

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

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

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

Dedicated LPA member

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

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

Aladdin

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

Published 2012-08-14

Dear Mr. Reno:
A friend needed a place to stay for about 20 days before she left for Guam. She has only paid for one months rent and I am in my second month of not receiving any kind of rent. I know i screwed up by not setting up a contract. But that aside. How can I evict this person. She has stated she has no intention of ever coming back to Michigan. She also has decided that a camera she borrowed is her hostage until she decides to return to the state for her things she left behind. I have offered to move her things to a storage unit or even ship them to her (at her cost) but she says she does not want that done. She wants things left in her room. What is my recourse?

Can I give her a 30 day eviction? Do I need a lawyer? Can I get lawyer fees out of her? Guam is a territory of the US. Does that matter?

George Hellmer, Detroit, Michigan

A: 30 Day Notice. The court. (You can try it yourself , you probably won't get it right the first time, but it sounds like there's no rush).

Dear Mr. Reno:
My tenants is on a month to month lease (married couple). The wife has asked me for a new month to month lease with just her name on it. Can I do this and if so do I need to give any notice to her husband?
thanks

Janine M.

A: You could, but you would have to get him to sign something. But why would you? Has he vacated? If he's still there, he should stay on the lease.

Dear Mr. Reno:
im renting a room i live in a 3 bedroom apartment each room is being rented out and everyone pays weekly now the owner of the apartment is not using the money we all pay him to pay the rent now we all are getting evicted by the marshals can i sue him for geting the whole apartment evictied when we all pay him weekly?

angie

A: It sounds like what you're saying is that "the owner of the apart." as you call him is really a tenant that sublets to you. So when he gets evicted, so do you- but what's your beef really? You paid the rent, and you got to live there. What do you care if the actual landlord got paid? That's why there's no law suit.

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

Mahva J., MN

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

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

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

Mark in VA

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

Published 2012-08-13

Dear Mr. Reno:
My tenant's lease expires on August 31. On July 19th I mailed him a certified letter (with return receipt), which serves as a 30 notice of lease non-renewal. I requested that he moves out on or before August 31. The tenant picked up the letter from the post office on 8/4/2012.
The tenant has not paid August rent (as of today 8/8), which was due on 8/1. I am guessing he wants to apply one month security deposit towards August rent.
I mailed him on 8/6 certified letter giving him 5 day notice to pay August rent.

Question: If I file for eviction in the justice court, does the tenant have to pay August rent and move out by August 31?
What if he says that he was on vacation and that's why he received the letter late?
Do I have to mail another letter ( at least 30 day notice) to him before August 31 and ask him to move before September 30, because he cannot have excuse that he was on vacation in August and September?
I would appreciate your advise.
Thank you

Branko

A: 1. Yes.
2. Too bad! 3. No.

Dear Mr. Reno:
I have someone that is living in my house that isn't on the lease and doesn't pay any bills but gets mail sent to my house can I give them a 2 weeks notice?

Nissa Whalen, Washington

A: I believe the minimum written notice to vacate in WA is 20 days.

Dear Mr. Reno:
My rental townhouse in Bowie MD, I already submitted the Tenant Fail to pay rent form due to Tenant did not make the payment, what happened if Tenant is not coming to the district court when the judge order, can the judge dismiss the case?

Binh Huynh, MD

A: Tenant defaults means Landlord wins!

Dear Mr. Reno:
I recently signed a lease with a new tenant on August 1st, 2012. The tenant paid her deposit with the lease signing, The tenant was to take possession of the home and pay her first months rent on August 3rd, 2012. On August 3rd, 2012 the tenant emailed me and told me that her mother had just had a massive heart attack and that she was on her way to the hospital and that she would have to get back with me.

I called her the next morning and she told me that her mother had passed away and that she would have to get back with me.
Six days later I still have not heard from her.
I have read the Texas Property Code Sec. 92.1031. Conditions for Retention of Security Deposits-and need some clarification. Can you please give me your input?

TEX PR. CODE ANN. § 92.1031 : Texas Statutes - Section 92.1031: CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT

(a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or
(2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.
(b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either:
(1) a sum agreed to in the lease as a lease cancellation fee; or (2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant.

Respectfully Submitted,
Kelly, Property Manager

A: * Keep it. If you re-rent PRIOR to 9/3/12, let me know.

Dear Mr. Reno:
I went to court in Massachusetts yesterday and won a judgment for evicting my tenant for both the money and my apartment. My tenant does not have a job at the moment and owes me $1309.50 to date. It will probably go an additional 11 days before he is removed by the sheriff. Is there any way to find out where he is moving? I still have his $200.00 security that I usually send out within 30 days of their leaving. Is there any way of legally attaching this amount owed say to his new job?

Donna Giardina, MA

A: You've exited the realm of eviction law and entered "collections". You can seize a bank account or garnish pay if you know the employer. Finding him is another story. That's private investigator territory.

Published 2012-08-12

Dear Mr. Reno:
I own a rent house in Texas, for the 4th month in a row our tenant has been delinquent on her rent – in months prior we have delivered a notice to vacate and worked with her. This month we are done – and have followed the process to evict her – court date pending…if she pays the past due rent before the court date, do we have to dismiss the eviction? Can we still evict her even if she pays the rent? At this point, we just want her out.
Thanks!

Amber M., Texas

A: In most jurisdictions that I'm aware of, the news is not good. You cannot refuse the rent. If you did, they'll just pay it in court. So there you are. But in some cases, maybe that's the only way to get the rent!

Dear Mr. Reno:
A non-payment suit was filed against the tenant, who has not paid for last three months. Won my claim in small court. Sherriff had to physically evict tenant. Apartment was trashed to the point making the property uninhabitable. My question is can I file a claim to garnish his wages for the amount I won in small claims court?
Thank you,

Leonard A. (Pennsylvania)

A: In the immortal words of Barrack Obama, "Yes We Can". Garnish his wages for the amount you won in small claims court.

Dear Mr. Reno:
My tenant didn’t pay rent. I sent him a eviction notice certified. He received it. He said he will not move. He fixed things in the house without notifying me that it ever needed to be fixed and he said he will file a sue and get a construction lien on my property. He never told me that any of them needed to be fixed. I don’t think he fixed anything but he wants me to pay for it. He doesn’t want to show me any receipts or invoices because he said he did it himself. He haven’t paid me rent. What can i do?

SHALLY, TEXAS

A: Evict this jerk. He'll be happy to live there for free until you do.

Published 2012-08-11

Dear Mr. Reno:
A son living with his mother were renting from a landlord in florida..only the mother was on the lease...the mother died and the son continued paying rent, for about six months, the lease not being amended..the landlord out of the blue called the son and said that he had two days to get out, that he was evicting him.. No paperwork, nothing..what are the sons legal rights or options under florida law?

ChefDave

A: He has the right to call the police. The landlord will then have the right to one phone call.

Dear Mr. Reno:
I have a month-to-month tenant. He is almost three months behind on rent so I need to evict him. I gave him the 15-day notice but he still won't leave. What is my next step?

Rhonda, Florida

A: FIFTEEN DAYS! What is that? Anyway, he's way in arrears, did you know where eviction court is? Maybe you could mapquest it?

Published 2012-08-09

Dear Mr. Reno:
i have tenants i am evicting and the lease ran up last month and they are month to month now .
i want to change the parking situation . if they are month to month do i have to give them a months notice first that they cannot have parking on the premises anymore or do i need to lower the rent because the original lease that expired said they could have the extra parking space can i take the space away and leave the rent the same? since they are month to month and send them a form statimg the change? thank you

susan r, orange county CA

A: This is a disaster in the making. Send a notice prior to 8/1/12 that, starting 9/1/12, there will be no use of the driveway. (By the way, have fun enforcing this edict.) We'll be talking again, I'm sure. This probably wont go very smoothly.

Dear Mr. Reno:
I have a very distasteful/disturbing situation that occurred with a tenant. A few nights ago my 1st floor tenant, a very nice young nurse, came home after working 2nd shift, to find my 2nd floor tenant, a 40 something divorcee performing oral sex on her guest in the rear entrance to the building (a common area). The first floor tenant called me to complain and said that she would like to leave because of this behavior. I called the 2nd floor tenant who admitted the incident. I told her that her behavior was unacceptable and asked her to leave. I need your advise here, what should I do at this time. Can I sue the 2nd floor tenant for loss of rent if the 1st floor tenant leaves? Please advise.
Your guidance is appreciated.

Joe

A: The landlord should not meddle in affairs of the heart. I strongly suggest that you stay out of this and just hope this things blows over.

Dear Mr. Reno:
I filed for a dispossessory and the Judge ruled in my favor. I now have a judgement against the tenant. What is the best way to recover the money? I know it is almost impossible... Is it better to ask for a garnishment at job or Bank account?. What if I don't where the tenant is or if and where she works? What if The entire amount is not available at one time in the bank account? Can the amount be recovered over time or is it a one time shot? ? What is the best way to find a tenant? Additionally, someone told me that it is possible to file a garnishment (or some action) with the IRS so that the money comes out of any tax reimbursement the tenant may be receiving. Is this correct and, if so, what is the correct procedure to do this?
Can these actions be taken simultaneously or does one exclude the other?
Lastly, how do I report this tenant to the credit bureaus so tat she does not do this to anyone else?
Thanks and Regards,

A. Love

A: Can't take tax return, no. You have lots of questions but collections are not my specialty. You need to retain a collection company to chase'em.

Published 2012-08-07

Dear Mr. Reno:
My sister is on a month to month contract at a mobile home park. She surprisingly recieved a letter from an attorney's office stating that "it is alleged that she has failed to pay rent and utilities as agreed to the contract. Demand is made upon you now for payment in full of your obligations on this account. My client has decided not to renew your tenancy, as they have good faith belief that your further occupancy of those premises will adversely affect the quiet enjoyment by other tenants or neighbors." My sister is NOT delinquent in any rent payments. She has paid all of her monthly fees every month. She never received a letter from the landlord/main office at the mobile park notifying her that she was late with her rent. She never received any letter from them at all stating that she was in jeopardy of losing her rental property rights. She was shocked to receive a letter from an Attorney at Law basically telling her she had 30 days to move her mobile home off the property and to pay this supposed $3000 in past rent/ulitlites/late fees. When she asked for an itemized breakdown of her supposed past due rent/fees, they refuse to do so. She has called everyday for the past two weeks to the attorney's office and has left her numerous voicemails daily asking her to call her back and she has yet to receive a phone call. Is this a scam or legit? Advice please..........
Sincerely,

Annette, TX

A: It sounds like this may have to be resolved in court. If she can prove her payments, she has nothing to worry about. But as far as renewing the lease, that's a problem. Unless she's claiming racial or some other form of discrimination, they're under no obligation to renew.

Dear Mr. Reno:
In January my tenant asked to reduce their rent by the cost of an oil delivery (502.00) because they could not afford both heat and rent that month. Instead we came to an agreement for me to pay for the oil delivery and have them repay this "added rent" over 3 months. In March when they complained that heat was not working well upstairs I arranged for service. The service worker told the tenant that air was blocking the hot water heat from circulating properly to upstairs baseboards and old controls needed to be replaced. The tenant has will not pay the remaining balance owed because they feel the unit was not working efficiently and should not be responsible to pay.

Can I still legally hold them to their agreement of repayment even though the unit was not working at full capacity?

Mary Lou, NJ

A: Definitely maybe. This problem could be resolved either in small claims court or eviction court. If it's their responsibility to pay the oil, you should prevail, but the judge might abate (reduce) their rent slightly to compensate them for poor heat. Maybe. Conclusion: Try to settle it.

Published 2012-08-06

Dear Mr. Reno:
I am the landlord and I have two tenants arguing because the one has a boyfriend practically living there. The girls are on my lease but the boyfriend is not. He does not even have a job. My lease states that the house will not be occupied by TWO or more people without my authorization. The girl that is responsible and wants the other girl’s boyfriend out, is threatening to leave if he does not. She wants me to evict both of them. Can I legally do that? Please help nobody has been able to help me and I cannot afford to not have the rent paid. I appreciate your response.
Thank you,

Jennifer, PA

A: No Can Do Jen: I get this question in one form or another all the time. If you want freeloading boyfriend out, you're going to have to evict them all. I personally wouldn't get involved at all. It's their problem. Until the rent's not getting paid, then they all get the boot.

Dear Mr. Reno:
I recently had a call from a woman who is married to an illegal immigrant who is going through the process of "getting legal".
He does not have a SSN yet.

1) Is it legal to rent to them?
2) How do you say no and stay out of trouble with HUD laws etc.
I have to meet this person in the morning and would appreciate some insite. Thanks

Brad Thomson, Missouri

A: 1. Yes
2. Just say "no" (no explanation given.)

Dear Mr. Reno:
If I take a tenant to small claims court to get a judgement for unpaid rents,should I do that before or after the eviction ? Thanks

Mike Thomas, Arkansas

A: After, because usually you get the money judgment as part of the eviction process so you may not need small claims.

Dear Mr. Reno:
I live in a home owned by mother and/or sister and have for about 3-4 years. I do not pay rent. I want to know what are my rights? She has taken personal property of mine and when I asked for it back and she refuses, I threatened to call the police. She threatens to have e evicted what can I do? I feel that it's just emotional harassment I'm on disability. Thanks for your response.

Amy M., SC

A: You're entitled to 30 days notice, and they can't take your stuff. However, obviously Mom wants you out. Why don't you just leave? I hope your not one of those guys that are going to make your mother pay a lawyer to evict you!

Dear Mr. Reno:
I accepted half the rent. I served a 3-day notice. Can I keep the partial rent before going to court?

Mark, Florida

A: I suppose you could donate it to charity, but I'd keep it.

Dear Mr. Reno:
I have an unmarried couple in one of my apts. The woman called to ask if I could take the male off of the yearly lease they signed with me. She says he hit her and put a hole in the bedroom door. She says that he has not been contributing to paying the bills either. He denies her accusations, and says she has a new boyfriend. She has always been my contact when ever they were behind in rent. Many times I asked why she was behind and it was because he wasn't working . Can I legally take him off. Can I make an addendum to the original lease. I think this guy could put up a stink.

Donna G.

A: I warn all my clients, do not get involved in "Affairs of the Heart". This is not your problem. Your job is to collect the rent and maybe fix the toilet. Period. This is her problem and you can tell her I said that.

Dear Mr. Reno:
I live in central NYS. our city recently passed an ordinance where the landlord now has to pay a $30.00 per unit fee for codes inspections. I recently heard that others states have made it illegal for cities to pass this fee onto a landlord. I also heard that Syracuse NY fought this and the city had to repeal the law because the court said it was illegal for them to charge the landlord this fee. Can you tell me what can be done to fight this law here in Oneida and thru out NYS. I want to start a campaign here to get this repealed but don't know how to do it. can you give me some advise as how to start this fight and carry it thru to the end. Can you please reply if you can help me or not. thank you

milton James, NY

A: You are way over my pay grade. You want to sue the state, or change the law or something. I just do evictions, why don't you call your congressman? By the way, we all pay fees for our rental permits. What's the difference?

Published 2012-08-01

Dear Mr. Reno:
Tenant did not pay rent on time so served him with a 3-day notice and a 30-day notice, he did not pay rent for the month and said he wasn't going to pay since i was kicking him out so I would need to take him to court. In the contract the tenant is responsible to pay for the utilities including the water bill but he never changed the bill to his name and is still under my name. He has not paid the water bill which was due 5-29. I filled for unlawful detainer but I want to know if I will be responsible if they cut his water eventhough it is his responsibility? Thanks in advance,

M.G.M. from L.A.

A: You owe them, but he owes you. They don't care what he owes you, only what you owe them.

Dear Mr. Reno:
I have or should I say, I had a tenant that owes me past rent and owes lot space. They just up and left. They rented to own there furniture. Living room set and bedroom set. The company has left notices on the door to get there furniture back. Seeing tenants owes me, is it legal for me to keep all they left?
Thanks
PS: I know some readers are going to say to themselves hell just keep it, but curious about the legal part of it.

John K.

A: Wait 30 days, 60 to be really safe; and then consider it abandoned (i.e. yours)

Dear Mr. Reno:
My renter has held back $60 advising me I must pay for her money orders over the past 13 months. Verbally when she signed the lease I advised her NO PERSONAL CHECKS.
I am in Chicago IL and this individual is driving me nuts. I cannot find it in WRITING anywhere that it is my right NOT TO TAKE PERSONAL CHECKS. She can pay in cash, money order, cashiers check. NO PERSONAL CHECKS. Do you know where I can find this in writing or please give me your take on this.

Cheryl S., IL

A: Take the personal checks.

Published 2012-07-31

Dear Mr. Reno:
A married couple with 3 children became my tenant 8 months ago and signed a two year lease. One issue came up in the credit check that they explained was tied to a specific medical issue and all else before and after the medical issue showed a solid credit history and their verified rent to income ratio was acceptable. However, I did not know they were expecting a fourth child and would be losing one of two incomes several months after moving in.

This winter they ran out of money for the oil heat. I paid for an emergency delivery so my furnace wouldn’t go dry and little children didn’t freeze. Now, last month their rent was in two installments due to lack of funds. All other months were paid on time, but I’m concerned they may not be able to afford this 3 bedroom apartment or heating another winter. They owe me $450 for the oil and the $100. late rent fee for last month.

What do you suggest? Can I run another credit check based on their first release? Should I ask them for another income verification or have a frank money conversation? Should I begin eviction before winter? Help please…

Mary Lou, NJ

A: Although they are technically current (on the base rent). It's pretty obvious where this is heading. I would try to work with them because they're here, for now, but you have a non-payment eviction in your future.

Dear Mr. Reno:
My recently vacated tenants have disputed in writing all the security deposit withholding charges that I charged them for. But, they cashed the refund check I sent along with the LPA Security Deposit Reconciliation statement sent within my state’s time guidelines. My question is: Since they cashed the check would that generally constitute acceptance of the reconciliation to a small claims court judge? If they were going to dispute the charges should they have returned the check un-cashed to me? I live in a pro-landlord state.
Thank you in advance for your reply.

Dayna Closser, TX

A: Nice try. Unless they signed a release, they can usually still sue. Some people write "Full Settlement" or "payment in full" on the check and that sometimes holds up. Any chance you did that?

Published 2012-07-27

Dear Mr. Reno:
My elderly uncle co-owns a house with his daughter. My uncle was residing in the home by himself when his granddaughter (neice of the co-owner) moved in. She brought a few people with her and they keep the house very dirty and smoke marijuana with minors inside the house. The smoke affects my uncle who has emphysema and he is very miserable in the house. Can he evict the granddaughter since he doesn't want her there? Or does the fact that she has her aunt's permission to reside there enough for her to stay in the house? Thanks for your help!

Genni

A: You said she's a co- owner. You cannot evict an owner. Sorry.

Dear Mr. Reno:
What course of action should I take when my renter leaves.....taking all the major appliances with him?

zerkle

A: 1. Call police
2. Under $5000, small claims. Over $5000, call atty.

Dear Mr. Reno:
I live in long island (Nassau) and my house has been foreclosed on. I have been fighting them since last year I did do a show cause in Federal Court on my own with out a lawyer and botch it badly I was denied. So than I did one in District Court on illness in the family and got a six weeks stay but the judge also stipulates that I can’t do anymore show cause in District Court. Is it possible to revisit the Federal Court again? What can I do to prolong my stay trying to keep my home or have them offer me my mortgage back? I have until Aug 4 to vacate.

Michaelle

A: How about Bankruptcy? Call Rich Artura @ (631) 226-2100. Let him know I referred you.

Dear Mr. Reno:
I have currently evicted my tenants due to no rent being paid. They moved in in June 11th and paid one month. The bond was due on 30th June and rent 11th July, neither have been paid and I have had my house damaged. Covered in s#!# and p!$$, and excuse after excuse for not paying. Neighbours have had the police out die to wild partys and noise and the rspca have been out due to them mistreating their dog. I have changed the locks on saturday and told them to contact me to get their personal stuff when they want it. What is the worst that can happen to me? Am i to end up in jail, they now say that they are seeking advise. I had gave them notice verbally and they did leave on Saturday when i asked them to with no fight.
The agreement they ha was for 1 month only rolling over if rent and bond had been paid, which it hasn't.
Any advise would be great thank you

Helen

A: The worst that could happen is an arrest, one night in jail, ROR, pay fine & restoration maybe $2000.00. Probably not, but you asked for the worst.

Published 2012-07-26

Dear Mr. Reno:
Was served forcible detainer warrant for 3000 in back due rent...i can pay it all this Friday...should I pay it before I go to court in two weeks? Will paying it stop the eviction? I was not notified to pay or quit before I was served the forcible detainer warrant.

Marsha, Fowler TN.

A: You can pay it in Court. Only problem: won't August also be due by then?

Dear Mr. Reno:
Our Tenants have the NC lease agreement. They are both deployed. One of their brothers was coming by and checking on the house - but staying there and spending the night and having other people over and spending the night for over a week. Prior to him there was another group of people staying at the house and people coming a going at all hours of the night. 5 to 6 cars parked at the house at all times. I sent them a lease violation for the cars, smoking and use of premise. I dont live close by - i had a neighbor call me and i have verified his story with 2 other neighbors. They have removed the cars that should not be there. But the brother is asking that when he comes into town if he can stay at the house to "watch" it for them while they are gone. I don't want him to (i don't mind him entering the house and checking it out)- but i don't know about #5 Use . Is it legal for him to stay there for 7 days as a guest? Or his he not a "guest" when they are not home? Thanks.

Josie McElroy, NC

A: He's still a guest until he's there 30 days. Then he becomes an occupant. Does that answer your question?

Dear Mr. Reno:
I have tenants who are more than 90 days behind on rent (month to month lease). They were first short rent in March. April 1st came and they did not have rent. They were able to find a non-profit willing to help them provided I agreed to wait a month for the check. The check is apparently not coming. Since then I have received nothing for May and nothing for June. This is not a situation where they have the money and are choosing not to pay. They have fallen on hard times but then again most of it is a result of their poor decision making skills. I have delivered to them a 15 day notice to pay rent, leave or face eviction. My worry is the mold in the basement they have complained about. Does PA have any laws regarding this? I can't seem to find any. I have known this was a problem and have chosen not to deal with it primarily because of their habits. This past January the sewer pipe broke, they allowed raw sewage and all other waste water to back up in the inches in the basement for a week before telling us there was a problem. This was the third time the pipe backed up and each time they did not make us aware of it immediately. They have my phone numbers, email addresses, and I even live next door and am home every night. They had more than ample opportunity to speak up. I have a hard time fixing mold issues when their behavior is compounding the issue. My other concern is lead paint. They have a two year old. When they moved in they did not have a child. They were aware that the home was old and contained lead paint. The baby gate they haphazardly installed destroyed the wall, they cut a portion of the wall out down to the stud. The paint that is chipping is a result of the damage they did. Am I liable for this? Should I get an attorney? They are behind $1,318 in rent. My husband and I are struggling to make ends meet and we don't really want to drain our savings on an attorney over that minimal amount of money that they owe us.
Thank you!

Jennifer, PA

A: Forget the lead and the mold. You have a nonpayment problem that is all. They're 4 mos. behind. Are you going to write me back when they're 6 mos. behind? Are you waiting for them to hit lotto? What are you waiting for?

Published 2012-07-25

Dear Mr. Reno:
Received my sisters home from a mediated settlement, back in October 2011. I found out that the previous owner had rented home. In april 2012 I went to the home and told the tenant that they needed to vacate the premises as soon as possible or that they could continue to rent from us. He stated to me he would let me know in 5 days. I never heard from him again now 2 months later I found out that his old lease expired in 2011 and he has not paid anything for one year. What are my rights? I have the deed to the property, his old lease agreement, and the house is completely destroyed due to his pets in a 3 bedroom home on seven lakes NC. I found out he has 3 dogs, 2 cats, a bird, fish tank, and 4 gerbils.

Diana R, North Carolina

A: He's easily evictable. But you can't just boot him out. He gets a notice and then eviction court. Even dirtbags like this guy get due process. Sorry.

Dear Mr. Reno:
Question: We're trying to evict a nonpaying tenant who also has violated the lease at least 5 times. We have a private 2-family house in the Bronx NY. Tenant is 20 with one 5 yr old and one 2 yr old. She put in a court order for show cause. The lease is already expired but judge granted her the court order. She is the type that will continue to find ways to stay in the apartment. My nephew is having difficulty with his mortgage and might have to give up his house. He has a wife, who has thyroid cancer, and two 4 yr old twins. He has asked me if he could move into our rental unit temporarily until he could find another place. He'll be able to pay us the monthly rent in the meantime. I must go to the show cause court date and I want to know if I need some sort of evidence/proof regarding my nephew needing to move in with us. He's not able to show up at court. If we do need evidence/proof, what would I need to present to the judge?
Thank you in advance.

P.S. Because of the need of my nephew, would the judge rule in our favor and have the tenant evicted? Afterwards, would she still be able to find ways to convince the judge to have her stay in the apartment even though my nephew needs the apartment?

Sorry if I'm asking too many questions....I desperately need to find all this out so that I'm ready and don't make any mistakes.

Margarita, NY

A: One thing's got nothing to do with the other. If you yourself want to retake possession, that might be considered-but not the nephew. He's got no rights to the unit.

Published 2012-07-24

Dear Mr. Reno:
Question: In a rent-controlled apartment, can I include a lease provision that states that if the tenant has guests, he/she must pay extra rent? If not, how can the landlord be compensated for the extra guests?

DENISE B., NEW JERSEY

A: You can't charge for guests. If they move in, that's a different story, but then try proving it! By the way, you can put in the lease and if they pay it, great, but if not its tough to enforce.

Dear Mr. Reno:
I'll need to sue a current tenant for about $ 2400. his rent is $680. Usually they are long gone before they get the summons. I've never sued while they were still living in the property. Risky and bad idea? Thanks.

Mike Thomas

A: I'm not following you. Usually, if the tenant owes rent, you start a non-payment proceeding and the tenant either pays or packs up. What am I missing?

Published 2012-07-23

Dear Mr. Reno:
Hi and thanks in advance,
I have an Oral Contract but recorded on Digital Audio with both of us knowing it. The contract is for weekly payments of $117 but he fails all the time and I asked to leave the property after his 5th week (also recorded on audio when I asked for this). The question is: Can I leave all his things outside the house (in a covered porch) and Lock the Doors at his last day. This way he can’t come inside anymore and take all his things from the outside. Can I call the police in case of violence from him which can include yelling and trying to get inside the house again?
Thanks a lot…

Angel, Longwood, Florida

A: Bad idea. He's there too long. Sorry. If he calls the cops, they'll make you let him in. You can also get sued b/c he'll say you robbed him.
Bad idea..

Published 2012-07-17

Dear Mr. Reno:
My "tenant" is my soon to be ex daughter in law. She moved out last summer then came back and refuses to leave. She had my son arrested and he is now in jail. there is no lease. She is leaving for jail on the 9th for 32 days. I gave her a notice to quit which also states she has to be out by the 9th. is her leaving for jail enough to say she has gone permanently? what if she tries to come back after she is in jail?
thank you

Jaime Lynn

A: Even jail cannot break up this happy family. The family that does time together - stays together. 32 days is not "gone permanently". Start your proceedings now. You can serve the warden with court papers.

Dear Mr. Reno:
I am paying rent, a few months I fell behind and now I am paying rent for last year but month to month. So technically I am late. I own a buisness and rented a baasement from this guy. It had no electric or walls and I put thousands of dollars of electric, walls and lights in this place (this place had One light) and now he says since we are late on rent that he wants EVERYTHING attached to the walls, including the walls we built. We have thousands of thousands of dollars of electrical things on the walls that can only be utilized by our equiptment and if we don't have it we are out of business and he says he doesn't care if he can't use it he wants it. We have hanging lights litterally plugged into outlets and he says they BELONG to him now that they are hanging from the walls along with every office wall we built, and all shelves and what we would be leaving would cost more than we owe him and he is not even working with us. He told us that he wouldn't even give us anything for thousands of dollars of wire hanging from our walls which isn't up to code in the first place it was temporary for us. Without this wire we are out of business. Is this legal to take the lights and wire and walls we built/bought. He says "its MINE NOW" What can we do, do we need a lawer? This place had one light and nothing else when we moved in, now he wants to keep everything that we bought built and made. The lights are plug in and he says they are his now, and there are about two hundred lights in here when we moved in there was only one. Please help us

Brian, state college, pa

A: You get to keep the lights. He keeps the walls. (By the way, you have no lease. Stop the madness.)

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