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 2012-07-27

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:
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.

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:
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.

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:
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.

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.

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:
Tenant submitted letter of intent to break contratct lease due to driveway auto gate being inop which they believe created an opp for a theif to steal a bike out of garage.

Prior to entering garage, there is a side yard gate and pedestrian garage door each having a dead bolt. Tenant informed that side gate dead bolt was engage but not the garage door dead bolt.

Tenant informed me that the side gate had been lifted from the closed position thus allowing access into the garage. There is no visible damage to gate. Please advise.

Adam Mejia, TX

A: This is a bogus Tenant's Complaint, which may or may not have merit, I'm not sure. It does not even approach being grounds to break a lease. You can tell them I said that.

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.)

Published 2012-07-16

Dear Mr. Reno:
Section 8 stopped payments for one of my tenants for 4 months because the apartment failed inspection for a missing smoke detector which the tenant removed. It has been 6 months now and I still have not received payment. I sent several letters to their Adjustment unit in Long Island city but have not even responded. I sent them certified mail return receipt and they signed for them.
Any suggestions as to whom I can contact to reslove this matter. Thanks.

Vincent

A: Contract a lawyer in your area that does evictions for nonpayment. I would have done that after the second month. That's the only guaranteed way to put an end to this madness.

Dear Mr. Reno:
Let's say a "lodger" was allowed to stay at a home for a few weeks and after that period, the tenant refused to leave so an additional month was given to them. The tenant then brought another person to live with her and refused to leave after that period. In addition, the tenant has been smoking on the property in the backyard close to bedroom windows knowing there are people with asthma in the house. What action can be taken? Please keep in mind, it is a one family house and the tenant has threatened to turn the LL in.
Thank you very much.

Kim, Nassau County, NY

A: This "lodger" has evolved into a "Tenant at Sufferage". You need a 30 day Notice (sorry) & then an eviction (call me 631- 667-RENO - I'm in your area!)

Published 2012-07-11

Dear Mr. Reno:
I had a guy ask to rent the house next to mine. I agreed to charge no sec deposit, due to it needed work.
He came & worked on the house for a month or so, pd 2 months rent. I stopped seeing him, and found out that he decided not to take the house. I did not have a chance to get him to sign the lease.
He let his son & son's girlfriend move in. Only the girlfriend signed the lease. They were using the lease to help them get utilities in their name,and The son had no ID. Now the girlfriend says she is moving out. How do I get the son to leave? I read that I could rent to him month to month. But I think that he will not be able to get the utilities in his name, so he won’t be able to stay, anyway. Do I have to rent to him month to month, or because He's not on the lease, he would have to go as well? Would the police make him go? Thanks

Betsy, MD

A: This is a big mess! You've got to make a decision - do you want this family or not? If not, give them all a 30 day notice. You can't pick who you like and who you don't.

Dear Mr. Reno:
One of my tenants left without paying his last month rent nor giving me his forwarding address. All I know is that he moved to Chicago. Do you know if I can collect the money through a collection agency? or any other legal means? Thank you.

Phi

A: It's possible, but it's a long shot. If you can get a collection agency to take it, try it, but don't hold your breath. You'd have to get a default judgment, then process it through the Illinois Court system. Too many steps. Too much work.

Published 2012-07-10

Dear Mr. Reno:
I am a landlord renting month to month. I delivered a 15 day notice last week. Rent for the 11 days in July was due June 30. They have not paid. Do I post a 3 day notice tomorrow? And what do I do if they still don't pay?

Barbara Stewart, Florida

A: Sorry about the wait. I just got this Friday before the weekend. I don't understand why "rent for the 11 days in July was due June 30" but, anyway, it's now 7/9/12, so post your notice, if you haven't already done so.

Published 2012-07-09

Dear Mr. Reno:
I rented tenant a room in my rental property-I rent all the rooms in this house out. I served a 3 day notice to pay or quit and 30 day notice. My tenant went to jail, Can I move the belongings out, change locks and consider property vacated? Or if not, Can I hv unlawful detainer served on door if their in jail?

Letricia B. State is California

A: Don't steal his stuff! They'll put you in an ajoining cell. You serve the door, like, pretend he's still there. Strange, isn't 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.
Thanks and regards,

Anonymous 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. (If possible- finish one before you start the other.)

Dear Mr. Reno:
I am in the process of evicting a tenant. He never showed up for court. He tried paying me May/June's rent. I refused to accept it. I recall reading in your forum, NOT to accept rent during the eviction process. Is my recollection correct, or am I mistaken? Assuming I win in small claims court for back rent/expenses, when and how would I go about garnishing his wages ? I've won in small claims before, and got nothing. Is there any good reason why Judges don't issue contempt of court charges against those who miss their court date? Or do they feel as though they and their court are a joke? Arrests and fines for those not showing up for court are a good way for municipalities to generate income. This individual works for a Large Package delivery Service, if that's a factor. Thank You -

Tim Frost, Schenectady, NY

A: If you take the rent, you may reinstate the tenancy. After you get a money judgment, file it with the county clerk & then get back to me.

Published 2012-07-08

Dear Mr. Reno:
I had a tenant that had a 1 year lease. He continued to stay on month to month after completing his one year term. In the paper he signed to continue on month to month it states that all condition apply as to original lease except for rental amount. My Question is he left without giving a 30 day notice as stated in lease and had cleaning and damages to the premises. Am I allowed to charge for the damages and cleaning and also allowed to subtract the amount of the deposit for not giving a 30 day notice? THANKS

BOB G., Pennsylvania

A: As a general rule, it's whatever the lease says, even if it's expired. (But security is generally for damages- not rent.)

Dear Mr. Reno:
I tried to help a friend of a friend by allowing her to stay in my home-There is no lease as she refused to sign (stupid on my part to try to get it signed after the fact) She has taken over my house-Brought a gun into my home-stares at me thru my bedroom door. Has drilled holes in my walls and removed fixtures without permission. She moved in Sept 10 and she has not paid me a dime to date. I want her out of my house-Do I have to give her 30 days notice? Can I put her stuff outside and change locks? Thanks

Lori, Indian Trail -NC

A: You better call the cops right away. If it's under 30 days - they may kick her out as an unwanted guest. If you're lucky. Otherwise, it's eviction court.

Published 2012-07-06

Dear Mr. Reno:
Question: Is this Clause good enough to cover LL when any Room Mate leaves before end of lease.
"Should any tenant/Room Mate leave/terminate his/her tenancy, prior to end of lease, such tenant/Room Mate GIVEs UP their right to the deposit, even if they were the one(s) who paid it. The deposit is not disbursed until the entire tenancy ends and is only distributed to those on the rental agreement at the time tenancy ends." Sometimes referred to as disbursing the security deposit to the "last man standing".

Also: ADD OR DELETE TENANT RENTAL AGREEMENT ADDENDUM form (this form is to be only used when we are changing tenants named in the rental agreement). from: The Oregon Rental Housing Association, Inc. (form 59)
Please advise and edit.
Thanks and regards,

JJ in Illinois

A: Instead of "gives up" I would use "waives any claim to" or "forfeits" but other than that it's a very good clause.

Dear Mr. Reno:
Thank you for providing this service. I've been reading the last several years of your posts, I've learned a ton in just the last couple hours.

We have two mobile homes on our property where our parents used to live. We're now planning to rent out these homes. We run our own S-Corp business from home, would it be advisable/possible to have the business act as the landlord to minimize our legal exposure in case of problems? Would the business need to own or lease the homes from us?

Cliff from Florida

A: It's a good idea. The business leases the property from the owner and to the tenant which makes the owner unexposed.

Published 2012-07-05

Dear Mr. Reno:
I bought my condo in 2005 for $120,000. It is currently worth $90,000. I owe $110,000. If I was to sell it for $90,000, pay off the $20,000 difference with savings, can I claim the $20k on my taxes as a loss?

Jake, Ohio

A: Don't quote me on this because I'm not a tax guy, but I think that's a capital loss which does not reduce income and can only be used to offset a capital gain.

Published 2012-07-03

Dear Mr. Reno:
Lease has expired and we wanted to work with the Grandmother and her 3 grandkids month by month. Mother of children now has moved in and she is not on the lease. Can I evict the Mother of the children now? I have also submitted a notice to quit to the Grandmother that we do not wish to sign them on another lease now.

Lisa Steves, North Carolina

A: Well. you've started the process, so you may as well see it through, but me thinks you're headed for problems. You want to pick & choose which family members you like & which you don't. That's an uphill battle, fought with procedural issues. I suggest that you make up your mind if you want this gripe or not, all or nothing.

Dear Mr. Reno:
My husband went to Look at an apartment. He signed a lease without my signature Now they said we have to move in or they will seek legal action. Am i responsible if i never signed it

NaShiya, st.louis missouri

A: You aren't, but he may be.

Dear Mr. Reno:
I have a tenant who is breaking their lease. They claim I cannot enforce an ambiguous lease clause that details the early lease termination penalty. I had handwritten in “2 month notice and payment minimum for early lease termination”. I intended this to mean 2 months notice plus a 2 month break lease penalty. They took it as 2 months notice and payment for those two months regardless of if I could re-rent it. They have given me two months notice, but I cannot re-rent due to HOA by-laws for another 2 months after this. I did not inform my tenants of this HOA law before they gave their 2 months notice. They say they moved forward with their move based on how they interpreted the early termination clause and don’t want to pay something they didn’t agree to. They cited contract ambiguity laws that state I should’ve been more clear on what I meant. They have given me a concession of a one month lease break fee and the retention of their security deposit (only half of a month), but will not budge on the 2nd month. Can I take them to court and expect to get my 2nd month?

Bill E of MN

A: No. They followed what you wrote. You said two months notice and pay minimum. They gave you 2 months notice and paid "the minimum". You never asked for a penalty. You can't say now that's what you meant. That's not what you wrote.

Published 2012-07-02

Dear Mr. Reno:
I own a two family dwelling in NJ. The heat and hot water bill is not separate. The downstairs tenant has the bill in her name and upstairs pays her portion of the bill. My question is: This is an agreement between these two tenants and if the upstairs does not pay her share of the bill, I am not responsible for it, correct? We have written a letter that was signed by both tenants explaining the agreement so that it is clear to both of them.
Thanks,

Tara in NJ

A: You are not liable- its between them- but there's a catch. In NY they have a law against making your tenants "Share" a meter- and the landlords are all getting there butts sued off. I don't know if NJ has such a law?

Dear Mr. Reno:
1.5 years ago my brother came to stay with me for what was supposed to be a few weeks. I lease an apartment. All the bills are in my name as well as my name is the only name on the lease. He has split the rent and utility bills with me since coming to stay with me....but now it is time for him to go. I've asked to find a place over the next 3 months and start getting his stuff together. He has refused...tells me that i will have to go not him. What course of action can i take to remove him?

Doreen - PA - Lehigh Valley

A: He is your subtenant. You are either his host or his landlord. He has to be served a 30 Day Notice. Then Able can evict Cain as a holdover or in a non-payment.

Published 2012-06-29

Dear Mr. Reno:
Tenant has been in house for 1 ½ years but they have always run late. Over month late now. Threatened with eviction. Have told them we were changing the locks but we can’t because there are three large dogs in the house. If we just file eviction, they will be able to live there another 6 weeks without paying. Any suggestions

Marilyn H., Texas

A: Welcome to the club. They're over a month behind- it's only gonna get worse. File your papers, take your lumps, re-rent and move on. Good luck!

Dear Mr. Reno:
The neighbor next to my tenant is threatening an $8000 lawsuit for what he says is my tenant's "nuisance Dogs Barking". His atty told him to document and make audios for the lawsuit. I have talked to other neighbors in the area, have been to the property when tenant not home and have had workman drive up there and the dogs don't bark...maybe 3 barks and that it. They are older dogs and just go under the house. He says the dogs bark when he comes h ome, goes to the mailbox, works on his yard... I have a clause in the lease that the tenant is to keep them quiet and he has a no bark collar on the one. I understand the dogs are "personal property" of the tenant and I am not involved.
Question
1..Am I liable for anything and
2 Can I sue the neighbor for loss of rents if the tenant is forced to move out. The tenant has paid me two months in advance and is a good tenant.
Thanks

Carol

A: 1. No.
2. No.
3. This dog won't hunt. Just ignore them all. It's nonsense. Let sleeping dogs lie. (There's a million of these!)

Dear Mr. Reno:
Our Tenant moved out on May 19th. When we had her, we had a ton of problems right away (found her through a Management company the agreement was between the Management Company and her not us) next thing we know she was in our Town Home 4 days earlier with no paper work done and no Lease Agreement. We asked the Management Company they said they are not allowed to disclose anything to us. At that time we could check her credit and Have a Lease Agreement signed. We don’t have any videos or pictures before she moved-in. Now she has moved out and again so much problems. Nothing she did/does per the Lease Agreement.
When we received her Notice to Vacate was March 18th, on April 9th we sent her a Letter to Move Out, in the letter was very specific what to do.
The letter says: …
“Clean all floors, carpeting should be vacuumed,
Report any and all damage in writing”...
The Lease Agreement Paragraph: “…; 2) not to paint or wallpaper the Unit, or make any structural changes in the Unit without the prior written consent to MANAGAMENT : 3) to keep the Unit clean: 4) to give written notice to MANAGAMENT of any necessary repairs to made: 5) to notify MANAGAMENT immediately of any conditions in the Unit that are dangerous to human health or safety, or which might damage the Unit or waste utilities provided by MANAGAMENT. (We didn’t want anybody to do anything to the Unit, we had to decide what to do and how to fix if any)

She ignored the letter we sent and the Lease Agreement:
Polished the wood Floor (the floor was damaged from the furniture. The furniture didn’t have furniture pads)
In the Dining Room we have an English Wall Paper, the color is Red and Gold also has a design. There was a scratch from a chair made before she moved in. And also three dents were made by her or her family. She decided to fix them and did cover all of the damages before and after with some shiny red who knows what, It doesn’t match the original color. We tried to stop her and asked her do not do anything extra, all she has to do to clean and move, didn’t help she was doing anyway. Then we send her a Letter and asked to stop fixing she is not the Landlord/Owner she is the Tenant/Resident. Her job is not to fix, is to clean and return the keys no latter then the May 19.
If We change the wall paper would cost around $300+/- (because of the paint placed, didn’t and still don’t want paint on the wall paper).
Just to ask an export how to fix without removing the whole wall paper and get the answer costs $30.00 plus fixing. If the paint wasn’t placed would be like normal wear and tear.
Can we fix the wallpaper from her security deposit?
(the Lease Agreement says: …do not paint or change the wall paper...)
Also another questions.
At that time when her and us signed the Lease Agreement. We did some changes to the Lease Agreement. Gave her a $100.00 per month discount. And changed the due date from the first to the 23-25th of the month. These changes were made in writing and she agreed to.

But, in the Lease agreement we have a paragraph which is:
4. LATE RENT SERVICE CHARGE AND RETURNED CHECK FEE: RESIDENT will pay the SERVICE CHARGE listed above if RESIDENT does not pay the full monthly rent by the 5th of day of the month. RESIDENT also will pay a fee of $30 for each returned check or nonsufficient funds for direct deposit.

Accidently we didn’t fix Paragraph 4. We received a payment 13 days after the 25th of the month (post marked on the 30th)
She didn’t want to pay the late fee, by saying she wasn’t late. Her due date was still at the 1st day of the month. (we have a $50 late fee)
Can we charge her the $50 fee or not? ( The Paragraph 4 says …by the 5th of the day of the month.)

Eleonora, MN

A: Yes.
No. The lease contradicts itself, so the tenant would win. It's like "tie goes to the runner" in baseball.

Dear Mr. Reno:
I have a vacation rental that a guest moved into. Next day "thought they smelled mold" and moved out. I had the place checked same day by licensed professional, no visual evidence anywhere, some small problem in the AC handler seen after panel removed, cleaned and sanitized same day including all ductwork, and able to come back next day (actually they just could have stayed during the clean process).
Guest refused to return stating "he didn't trust it". 45 day prior to arrival cancellation policy or no refund, guest aware. Do I owe them anything?

Donna

A: You say "45 day prior to arrival cancel action policy or no refund, guest aware." Can you translate that into English?

Published 2012-06-28

Dear Mr. Reno:
Frank town of Brookhaven, Suffolk County, NY My ex girlfriend and I have ended our relationship. I have asked her to leave my home in writing but she refuses to. She is creating a very hostile environment for my daughter and myself. Our agreement when she moved in one year ago was that she would clean and maintain the household and purchase groceries on a weekly basis. Our relationship was quite volatile and during times of strife she refused to uphold her portion of our verbal agreement. I am the home owner and I pay all utility and mortgage. Do I have to go through the eviction process? If so what is the cost and how long will she be able to remain in my home?
Thank You

Frank, Town of Brookhaven, Suffolk County, NY

A: She's a "tenant at suffrage" which is a legal term that means she's making you suffer. Need, 30 day, then court., total $1075.00; 60-90 days. (Call me, I'm in your area 667-RENO).

(A tenancy at suffrage is another name for a tenancy at will. It means that the tenant is occupying the property with the permission of the owner but without a lease ...)

Published 2012-06-27

Dear Mr. Reno:
I am evicting a tenant that has failed to pay rent. I have tried to contact tenant to no avail many times. I sent a letter asking her to leave due to lease termination. Again no response. I stopped by several times and always get the daughter or boyfriend stating they would be out on time. Since the 22nd I have recvd no keys, no notification of any kind and cannot locate tenant. The house is still full of furniture and trash/junk from what I can see from the outside. I havent been inside yet but am planning on entering soon to inspect. I cant tell if she has left or not. Do I enter and assume she has moved since I havent seen any cars over there? What do I do with the furniture/personal belongings? What if I enter and she comes back saying she hadnt moved out yet? If I get a judgement to recoup rent, can I get a garnishment? How do I garnish wages if I dont know where she works?
Im in Missouri, it was a multi year lease still in effect.
Thanks for any advice you can give!

Mark C, MO

A: First things first. Let's worry about getting possession. Garnishment is way down the road.

Now you are in a major gray area here. If there is substantial furniture and property there, you may have to get possession through the courts. But if it's mostly junk retake possession and put any valuables in storage for 30 - 60 days. It may be a close call, but that's why you get the big bucks.

Dear Mr. Reno:
My husband and his brother are left with their mother’s home (estate still not settled) – my sister-in-law is letting a friend stay in the house while it’s being cleaned out and getting ready to be put on the market. There is no rental agreement (though we just found out yesterday that our brother and sister-in-law have been collecting rent – in cash – and putting it “in a box”) … Now we learn that the friend is having an affair in the house as well … Momma must be rolling over in her grave … Please point us in the right direction … rental agreement is a must correct ? Then what !?!?!?

Kathy S., New Jersey

A: Prepare a rental Agreement. If they won't sign it give a notice to vacate. But wait- Who's the executor? Only the Executor can do this stuff. If Brother in Law is the executor you need a lawyer to make a motion.

Published 2012-06-26

Dear Mr. Reno:
I live in State of New Jersey and need your advice . My tenant notified that I have violated the state law by not providing him in writing about the financial institute details where the security deposit is held. He was verbally notified and the SD was stored in local bank within 10 days of receipt. He is claiming 7% interest after one year of lease, and never asked before. How should I handle this issue. All statement from financial institute are available for review.
Thanks,

Harish P., NJ

A: Why don't you look up and read the statue? Did he cite a particular section of the Jersey Code? If you can't locate it, let me know.

Here are the LPA's NJ law links:

Look-up Associations
Attorneys
Businesses
Rentals Available
Classifieds
Rentals Wanted
Realty Brokers
Tips & Advice
Tenant Histories

Other Areas Q&A Forum
Landlord Tenant Law
Essential Forms
Free Forms
Credit Reports
About Us
Help