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 2012-06-05

Dear Mr. Reno:
I had a tenant in Maryland move out and not tell me. When I contacted her by phone she said she didn't live there anymore, she is three months behind on the rent and tore the place up bad, and she didn't pay her water bill before she moved out. She doesn't have a job. She now lives with her boyfriend, so if I was to take her to court how would I get anything from her? She basically doesn't own anything, the town has condemned the house now, so I don't know what to do. any help would be greatly appreciated.

Bruce, MD

A: Why don't you take her to small claims (costs about $20) and you'll have judgement against her. She may want to buy a care some day and need to pay it. It's happened before.

Dear Mr. Reno:
Hello and thank you for your services! Two questions:
Here in California, many tenants seem to think that rent is not late until after the 5th of the month. Is there any basis to this?
Also, is it legal to charge late fees?
Thanks again.

Mrs. S. Young, CA

A: TOO LATE!
This should be addressed in your lease agreement.

Dear Mr. Reno:
On 20th Apr, I gave my tenant (in Nassau Long Island) 30 day notice to terminate moth to month tenancy on 31 st May. His rent is due by 3rd of every month.
He stopped paying rent. Last rent paid was in Apr. When his tenancy terminates ? 31 May ( by my notice) or 30 Apr(by non-payment of rent). Thanks for your time and reply, Regards,

S.D., NY

A: Usually it would be 5/31, but you mentioned the 3rd of the month which scares me. Is that just a 3 day grace? If so, then okay?

Published 2012-06-03

Dear Mr. Reno:
I've had a tenant for 7 years now, and she originally wanted to purchase my house on land contract. After she backed out 2x she informed me this passed october that she is moving out. I told her that she has until November 30 to move out, and that I would take the security deposit as novembers rent in contingent that I inspect the property and nothing is wrong. Since then I sold the house on a land contract to someone else. My current tenant has not move out yet though, she also refuses to let me in to inspect the property. What rights do I have. I file a complaint in magistrate court for her not paying novembers rent since she has not let me inspect the property her security deposit doesn't count as the rent. We are on a month to month verbal lease since the original lease was up in 2004. Thanks for any advice.

Shawn, WV

A: I believe you have chosen the correct path. Non-payment is the fastest (unless she pays - that complicates it. But try that first.)

Dear Mr. Reno:
I need to serve an eviction notice to a tenant, I owe a mobile home park and they own the trailer. They only rent the space from me and have stopped paying rent. How much time do I have to give them to move the trailer off of my land before I file with my county clerk to take them to court to have them removed.

Christine, TX

A: If it's for non-payment, the notice is shorter; but make it seven days to be safe.

Dear Mr. Reno:
I had a tenant that skipped and he was the only one on the lease. He got married during the term of the lease and I want to sue him for damages. Can I sue his wife as well? Thanks.

Cindy, South Carolina

A: If it was a verbal rental, you could say she was a tenant, but if there's a lease, then your tenants are only who are on the lease.

Published 2012-06-01

Dear Mr. Reno:
I evicted a tenant 8 years ago. The tenant went "underground" and I was unable to locate them until recently. They are now living in Texas, which is a non-garnishment state for wages. To bring a suit against my tenant, do I file in the jurisdiction where the eviction occurred (Virginia) or where the tenant is now living (Texas)?

Chris, Virginia

A: Sorry, statute of limitations has run out. You can't sue them 8 years later. Time to move on. (You sound like you have too much time on your hands!)

Dear Mr. Reno:
Question: How do I proceed ?
I got a City code violation notice with a $170 penalty because my tenant did not mow the lawn. How can I enforce the lease he signed that states it's his responsibility

Karl, Michigan

A: This is tricky. In some states (like NY) you can't utilize the landlord tenant court for a charge like this, even if it's in the lease, unless your lease says this charge is a type of "rent", like "added rent" in The LPA Lease. (I don't know about Michigan.) You can always use small claims court, but a threatened eviction has much better shock value.

Dear Mr. Reno:
Question: Ater 2 months into a one year lease the tenant verbally informed me that she wanted to terminate the lease and move out. After finding another tenant to assume the balance of lease, the tenant changed her mind and decided to stay for remainder of lease. Can I force tenant to leave based on her verbal commitment to leave early? Thank you.

Joe, OH

A: Don't even think about it... Without a written notice, you've got nothing.

Published 2012-05-31

Dear Mr. Reno:
We have asked these tenants to leave. Their lease is up June 1. They are not happy with this. I would like to know if the present tenant can specify certain days and times that the rental they are in, can be shown to the next possible renters. Also, because they do not want it shown when they are not there, they have threatened in writing to hand out business cards to prospective tenants and answer all questions without us(landlords) being present. Expressing opinions, perspective and history as tenants. Do they have the right to do this?
Thank You

Kathy M., Loveland, Colorado

A: Landlords make me laugh sometimes. You think after you ask them to leave, and literally turn their lives upside down (with good reason I have no doubt) that then they'll be all cooperative and smiley with helping you re-rent? Not happening. Get over it and wait until their gone.

Published 2012-05-30

Dear Mr. Reno:
I had a month-to-month lease with a tenant in North Carolina. They gave me less than 30 days notice of their move-out date, but I had collected the last month's rent up front. They moved out on the 15th, I owe them some pro-rated rent from that last month. Can I pro-rate it based on the 30 days notice that our lease stated? Or must I pro-rate it based on when they actually moved out?

PS. They are not getting any security deposit back based on the poor condition that they left the property. Can I use any of that last-month's rent toward damages?
Thank you for your time.

Katherine Ulrich, North Carolina, LPA member

A: You're really under no obligation to prorate it. If they left in the middle of the month with less than 30 days notice- You can keep it all. So if you want to refund some to be a nice guy, fine. But don't use the security. That's for damages.

Published 2012-05-28

Dear Mr. Reno:
Black Mold Issue. A rental prospect called me yesterday asking to view the rental house today. The house she is moving from floods when it rains and has a huge problem with black mold in it. She has developed asthma and other health issues as a result and has had to throw away much of her possessions. (Her present landlord has declined any responsibility in replacing what has been ruined.)

My rental house has no mold problem at all. I am concerned that, if I accept her as a tenant, the black mold spores in her possessions will cause a problem in my rental.

What can I do to prevent this? What are my options as a landlord?

Lawrence Jackson in Virginia Beach, VA

A: Me thinks you thinkin' too much! (But if you're that worried, don't rent to her.)

Dear Mr. Reno:
I got a good one for you John.
I recently had an applicant for an apartment, go thru the screening process, get accepted and then tell me because he is an ATT customer that he wants to install a dish on the building that is already cable installed. The owner says no to the dish install. The owner just finished a $40K exterior renovation on the building and does not want that marred or compromised. With that, the applicant tell us that the owner is in violation of FCC regulations due to limiting the applicants "free choice" with what TV service they can have. Have you ever heard of that? Luckily for this owner, the applicant had not signed the rental agreement or paid a deposit yet.

Ira Liss, San Diego CA

A: I'm no expert on the FCC, but I would be surprised if they could enforce a private owner of the building to allow the installation of a dish. Public housing, that I could believe. Maybe you should ask him what specific regulation he is referring to, or just pass on this jerk- he's trouble!

Published 2012-05-27

Dear Mr. Reno:
I filed the eviction papers for non-payment of rent on a building I manage and rent to tenants. The building deed has only my husband’s name on the deed since he inherit it from his mom. He gave me a power of attorney to manage the building. Yet, someone just told me that I was not to be the person filing the eviction since my name is not on the deed and it is my husband who needs to claim the re-possession of the property. Is that true? Would the court allow me to use the power of attorney and my marriage certificate to file and represent myself?
Thanks,

Maria V., Rhode Island

A: This is a very complicated issue. First, you didn't tell me whose the landlord on the lease- that's important. If it's him, he files the petition and you sign his name but only if the POA gives you the power to commence litigation. If you're on the lease, you can file the eviction but you have to word it as your not the landlord but you're the agent of the landlord.

Published 2012-05-26

Dear Mr. Reno:
I rented one of my bedrooms(I live in a 2 bdrm apartment) out to a young man here in Hollywood, Ca. He rented the room from me. Month to month. He was never added to the lease, nor does he have any mail sent here. Before he moved in I distinctively said in the ad I posted on craigslist: you MUST work 20 hours/week, be clean, don't eat my food(especially cuz I'm pregnant lol), help clean up, just simple standard things. I also made it a point and stated: if you do not meet the requirements I will not rent to you. Well he completely lied to me. Quit his job within a week of moving in, I clean up after him like I'm his maid, he eats my food, uses my toiletries, everything he agreed were all lies.

Ive given him a 30 day notice. Since then he has now started threatening me, being impossible to live with, threw a party in my house without my knowledge(which led to trashing my house and my husband & I having to clean it up, he did not lift a finger), and allowed an ex roommate come in while I was away on holiday(I've specifically told him that this person is not even allowed on my property). I'm also missing a lot of things around my house.

Basically, he's trying to make my life a living hell for this last month. Are there any legal ways I can have him removed from my property now? He's broken every lease agreement that he agreed too.

Taylor, CA

A: Cheeze! You really picked a winner, didn't you? You mentioned "threatening me"- that's harassment. You should try the police, maybe get a restraining order. If that doesn't work, you'll have to let the eviction process run its course.

Published 2012-05-25

Dear Mr. Reno:
We just started eviction of tenant due to unpaid rent. Home is in Cooper City (Broward), Florida.
Gave 3 day notice, then after required wait, complaint for Tenant eviction notice giving them 5 days to comply.

Tenant moved out when served and left key under mat. Not quite sure what process to take to ensure the landlord has the ‘chance’ of receiving owed rent, and what needs to be done to report this on the tenants credit.
Thanks,

Juan, Cooper City, FL

A: When you file your money judgment with the County Clerk, that automatically goes on their credit. As far as collecting, good luck with that!

Dear Mr. Reno:
I own a mobile home park and have searched but can not find any clear laws on what to do about serial evictions notice tenants . These evictions are for nonpayment of rent. I follow the law with a 30 day eviction notice which can only be served by the sheriff after they are 30 days late. The tenant pays up by the 30th day, usually. Sounds good, right? It would be except paying the rent negates the eviction notice, the next month rent comes due, they don't pay their rent and it starts all over again. The sheriff has been to the same tenants so often he doesn't need directions. Some of these tenants have been served 4 to 5 times in a year. I feel more like their mother than their landlord and they are sucking the life out of me. There has to be some law out there to stop serial eviction tenants. HELP HELP HELP!!!!!!!!I

Iris T., ME

A: An age old problem. Age old solution: How about just not renew the lease? Another strategy, you can add eviction fees & late charges to your lease.

Dear Mr. Reno:
I just brought a tenant to court for non payment, he did not show up so the judge signed for the eviction. I have actual eviction set for next week but he just called saying he has money towards the rent(i don't think he knows about the court ruling yet). Can I accept the back rent he is offering while still going ahead with the eviction next week?
Thank you!

Lucas J., NY

A: That's very tricky. You technically can, as long as it's clearly for back rent. If you're not careful, you could actually reinstate the tenancy & have to start all over. (Maybe too risky?)

Published 2012-05-24

Dear Mr. Reno:
My former tenant posted my personal information such as my full name, cell phone no, home address, rental property address... and lied on a website that reports landlords. I emailed the website, attached with the pictures, paperworks to prove to them that the tenant breached the contract, damaged the property... I requested the site to remove the post immediately, but they didn't response to my email at all. What I should do to get the post and my personal information removed from the website? Is it legal for tenants and the website to post someone else's personal information online?

Jeannie, California

A: I have no clue. That's out of my area.

Dear Mr. Reno:
If my tenant, whose lease expires this month, refuses to answer calls, and is never around, how can I be sure that the property is not abandoned? The temperatures at night are getting below freezing and I would like to winterize the house, but they still have possessions in the dwelling. Do I have the right to enter and winterize as well as change the locks as this is perceived as abandonment?

Blake A., VA

A: Well it's risky to just break in, but why don't you pay a visit? Just stop by to say "Hi". Then we'll know more instead of guessing.

Published 2012-05-23

Dear Mr. Reno:
Can a Landlord file a Judgment Absolute in Landlord/Tenant Court in a case where the tenant does NOT owe rent in the current month, BUT the Landlord has obtained more than 3 judgments within the past year against that tenant.

Montgomery County, Maryland

A: What the Hell? How can the tenant owe No rent if the Landlord has 3 judgments. It makes no sense.

Dear Mr. Reno:
We are a small church in California. We allowed a nonprofit to use an out building on our property for a free food give-away program. We did not charge rent and no contract was signed. We now need the building for our own food distribution program, but the nonprofit refuses to leave. We have offered to partner with them but they refuse. We consider them to be on a temporary and revocable license for the use of the building but again no formal paperwork. How do we best proceed to remove them from the property? Thank You,

Joel, OLR Church

A: This varies a little from State to State, but in general, once you've given them permission to be in possession, you can't get them out without a Notice to Vacate (usually 30 days-sometimes 60) and then eviction court. You can ask a local atty. if there's a quicker way- but I doubt it.

Dear Mr. Reno:
We are the buyers of the property which the landlord put on the market. The lease with his tenants was up April 30th and they stopped paying rent in March. It’s now May 12th. We close on the house the first part of June. If they are still in the house, what rights do we have to get them out ASAP? They’ve known since the house went on the market in January that they’d have to move.

Megan Z., WA

A: You agreed to accept the house with the tenants? If so, can you ask the sellers to start the eviction now. You can wait until June- but why wait?

Published 2012-05-18

Dear Mr. Reno:
My tenant lived out her last months rent and then asked to extend till the 15th of this month. She has not paid any rent this month, moved out some stuff but has lots to still move.
She has not been to the apartment since last month.

We have someone moving in soon and don't know if we free to remove her property??? She's not returning any phone calls.
Thanks in advance.

Jill

A: You're in that grey area there. Not really safe to play around with her stuff. Are you talking trash (she's gone) or TV's (she's still in possession)? Wait till 6/1/12. Sorry.

Dear Mr. Reno:
I own a condo. My son is living there, he pays the rent/mtg. His girlfriend moved in, he wants her out. She is not on any lease. The utilities were in his name, so he turned them off, and she had to move out. Her things are still there, its been over 15 days. Can we move her things to a warehouse as long as we tell her and give her access when she wants her things?
Thanks

R. Britt, FL

A: That will work fine. Store 'em 30-60 days.

Dear Mr. Reno:
My tenant became irritated that his townhome "leaked" and allowed dirt in during a "haboob". He wanted me to pay to have the house cleaned as he "doesn't keep cleaning products on hand."
I admit that I found his complaint to be amusing. He moved here from out of state so he is not used to the epic dirt storms we get that make national news and can be seen from satellites in outer space!! I politely declined to pay the cleaning of his home, or to have his car detailed.
He had an attorney send me a letter and I was forced to have my attorney respond. He immediately dropped his complaint, but my expense was just under $500 to respond to his frivolous suit.
According to my lease, the State of Texas Lease

27. ATTORNEY'S FEES
In any legal action to enforce the terms hereof or relating to the premises, regardless of the outcome, the Owner or agent shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee....

It is my intention to recoup my $497.00 from the security deposit when the tenant vacates the property. Is that legal, or is there another way to proceed.
Please advise.

Robin G.

A: Sorry Robin, you predicated that reimbursement on a "legal action" which is a fancy word for law suit. No suit, no legal fees.

Published 2012-05-16

Dear Mr. Reno:
My nephew has used a shed to store cars and not sure what else but it is full. I am paying $350 plus a year in School Property Tax for the shed and I want it torn down. He keeps telling me that he will move everything. Over the years I frequently asked for him to move everything. Last summer I had someone to remove the shed and couldn’t take it down because my nephew did nothing. I again have someone who will do it and my nephew did not remove the old (trashy) cars when he said he would. When I called and told him I was having the shed removed and his cars would sit outside till he removed them. I was informed that he would turn it over to his insurance and sue for his antique cars being left to the elements. I was angry then he said he wasn’t going to sue me just the poor guy who was taking shed down at my request. Help, he informed me I could send him a letter and the law would give him 30 days. Then he called my sister who called me and said I could write her off if I had a letter sent. Can I just have someone come and take these cars and whatever else away??? Will he have recourse against me or the person who hauls away everything. He never has asked, just dumped everything and no money has ever changed hands.
Thank you

Patricia H., Pennsylvania

A: I have a client-landlord that went to jail for what you are proposing. They called it grand theft auto. Forget the cars. Evict the bum.
Sorry sis.

Dear Mr. Reno:
i rented some commercial space for a very low rent after it was vacant for over 2 years. the space needed renovations. after spending about $10k in renovations and a delay to the tenant of almost one month, a mold situation has surfaced. i am in the process of hiring a company to remediate but the tenant has chosen to break the lease after only one month. he wants his security, rent and $1900 in improvements he made to be returned to him. he has already taken the electric out of his name but has not cleared the space of his possessions. i am not sure what to do, i am not willing to reimburse him for things that he chose to install and told him he should remove them...i live in NJ and want to know what rights i have as a landlord. he is supposed to give 60 days notice in writing by mail before the end of the lease but there are no stipulations stated about breaking the lease.
any advice would be much appreciated.

Sheraine

A: He doesn't have a leg to stand on. Just let him go- Security may be a problem. You need a local atty. to read your lease. You may not have grounds to keep that.

Published 2012-05-15

Dear Mr. Reno:
We just sent a "Termination Of Tenancy" to our Tenant-At-Will with time to spare (6 weeks instead of 30 days). We mailed one via Fedex to his place of employment, one to the residence and emailed him one. The one that went to his office was signed by his secretary. The one that went to the residence was left w/o a signature. The one we emailed him was read (we have the 'return receipt' from the email).
My fear is that he will say he never got the notice. Are we covered?
Thanks for your help!

Betsy in Massachusetts

A: I don't have an answer for you. The regulations for serving the 30 day notice are complicated. Some courts just require a reasonable effort - others make you serve it with the "same formality as service of a summons" (which you did not do.) So you have to ask an attorney who does evictions in your area (and hope he knows!)

Dear Mr. Reno:
A question specific to California pre-exit inspection.
As required by law, if a tenant requests a pre-exit inspection, Landlord has to provide one. LL must write a "good faith" estimate of what will be deducted from security deposit.
The living room carpet was very stained with pet urine and plant watering. I wrote an estimate of cleaning the carpet $400 (whole house), plus an additional $200 to eliminate the pet smells.
The tenants boyfriend (who is not on lease, but wasn't living there to the best of my knowledge) got mad that I was "double dipping" on the carpet cleaning and tore up the good faith estimate I was asking my tenant to sign. I tried to give an estimate as required by law as well as the statutes on the security deposit return disclosure as also required by law. They declined both documents. My tenant chose to "hire a carpet cleaner herself" and agreed to the final inspection on May 14th.
After thinking about this overnight, I realize that just cleaning the carpets is not sufficient enough to rid the pet urine based upon other posts to this site. The carpet pad and possibly the subfloor need to be replaced and more. I didn't realize this when I made my original estimate. The carpet is older. I bought the house in 2008 and the carpet was not new then. I don't know how old it is, but it is in decent shape texture wise, just the stains and the smells are the problem. The pet urine clearly is more than "normal wear and tear".

So the question I have:
Now that the tenant declined my original estimate, can I now submit a new estimate (even though it was supposed to be left last night) with new charges for carpet, pad, and subfloor. I have $1800 deposit and her lease, which went to M2M is up May 14. I really don't want to end up in court, but don't want to get cheated on what is truly owed.

Tenant has been in single family home for 2.5 years.

Liz G., CA

A: Write it up! (They should have gone with the first one, eh?)

Dear Mr. Reno:
Is it true that my tenant has to pay rent if she keeps her belongings on my property and refuses to return the key? My tenant is from Section 8.
Thank you.

Sofia E., PA

A: It's a grey area, but Section 8 will continue to pay you under these facts. But you should send them a certified letter... "tenants property, still in apt., won't give key."

Dear Mr. Reno:
Tenant gave me a notice she was leaving on 2/29/12. I already rented it to someone else got payment and security for new tenant and now she refuses to leave stating her new apartment is not ready she offered me money to stay for whatever time but i want her out cant lose my new tenant what can i do and if i have to go to court can i charge her use & occupation instead of rent? im in nyc thank you

Vincent, NY

A: I hope the new tenant is patient. Very patient. NYC is landlord bizarro world. Lunitics running the asylum. Right is wrong, wrong is right. Evictions: 3 mos.? 4 mos.? 6 mos.? I've lost track. Average cost: one million dollars. But on the 1st if old tenant doesn't leave, you should at least look into starting a proceeding.

Published 2012-05-14

Dear Mr. Reno:
My mom has a longtime tenant that recently married. The new husband moved in with 3 pit bull dogs which we will not accept. He said he will not get rid of his dogs. The problem is that my mom has misplaced the one-year lease. I'm positive the lease has expired but has a rollover month-to-month clause which goes in effect after the term date expires. If they do not voluntarily leave, would a court accept a 30 day vacate notice, if it came down to evicting the tenant and we have no lease? Either way, if the tenant can produce a lease copy in court, it would show it's expired and that they are in violation of the lease agreement, regarding pets.
I thank you in advance,

Jim

A: Even if the lease has a roll over clause, its only month to month, so you can still end it with a 30 day notice, which you should do before 5/31. If they complain (bark about it?), you can tell them what they have to do to stay.

Dear Mr. Reno:
My tenant lease expired May 6th, has not paid rent for 3 months, but refused to leave. He reported us to LA Building and Safety for some appliances inside the guesthouse that do not have permits like stove & refrigerator. I think he wants us to give him relocation assistance.

Can we remove those appliances even if the tenant is still there? His lease has expired, isn't he considered a trespasser already? Can I call the police to get him out?

He is also a realtor. Can we report him to the Department of Realty for being habitually late in rent payment, nonpayment of rent for 3 months, and threatening to sue us if we disconnect his cable & internet AFTER THE LEASE EXPIRED?

It looks like the Landlord does not have protection here. I hope you can help me.
Thanks,

Lita of Los Angeles, CA

A: O.M.G! Have you lost your mind? If he's 3 mos behind, why don't you just evict him? If you go in there, you're cruisin' for a bruisin'.

Dear Mr. Reno:
We have got a renter that is being very awkward about paying the rent over the past 2 months, making checks out at the middle of the month etc.

We have spoken to the mother of the renter, who agreed to pay this month’s check two weeks late.
1) Do we wait the 2 weeks for payment and hope that it is paid?

2) If it’s not paid then, can we evict this person ourselves, without a lawyer, even though the lease is not up for another 9 months?
and what forms do we have to fill in to do this?
Thanks very much.

Kate Russell, NY

A: 1) Yes.
2) Yes.- Forms: Go to Court and pick 'em up. (You might as well find it now- you'll be back a few times.)

Published 2012-05-12

Dear Mr. Reno:
As single home landlord in California, I am in process of finding a new long term tenant.
One prospect just went through bad divorce and paid $100,000 on credit cards to "pay off" ex instead of alimony (per lawyer). Their house is being foreclosed and he plans to file chapter 7 (I do at least appreciate his honesty about this). He plans to keep car payment to term of 12 months, has some other vehicle assets that will remain. He had "700 and something" credit before divorce. He is interested in long-term (3-4 years) lease to rebuild credit. Has more than 3x rent in gross income, and almost 3x in net income. He has been with same job for 30 years. He also mentioned that his girlfriend will probably move in soon. I said she would need to be screened as an applicant and on the lease. I also said that if I accepted him, I would start with a 3-4 month lease and than either 6-12 months thereafter even though I am looking for a long-term tenant.

Is this just a high risk that should be absolutely avoided? Is there anything that can be done to protect the lease from being included in a bankruptcy? Any other advice?

Liz, CA

A: You're out of my area, Liz. I don't screen'em, I just evict'em, but while we're chatting, I would never give more than 1 yr because it's not a 2 way street. You'll be stuck, but the tenant will leave when he wants.

Dear Mr. Reno:
I have a 1 year lease with a tenant. They have only been there a month. They don't seem to want to mail me the rent, as agreed. All kinds of excuses come up. I am unable to pick it up. Then last week air conditioning stopped. I rented the house as "As Is" condition. No appliances were included either. Am I liable for providing air conditioning if it is going to have a brand new $10,000 system bought? I am on fixed income and am disabled, what do you think? They insist on keeping temperature on 68 degrees. and I have told them it is an old system, to take care of it. They keep telling me "You"re the landlord---it's your responsibility." Am I liable for buying a whole new system--or should they provide window units: Thanks

Misunderstood in Texas

A: Tenemous problema grande. You rented them a house with central a/c. Now it's broke. Dum di dum dum.

It is a good idea to have a lease with clauses that cover such things. (The LPA Lease)

Dear Mr. Reno:
We have had a great tenant for the past 3 years, she even pays a few days early most of the time. Her boyfriend is moving in with a bad credit record. I believe she will still pay in a timely fashion but am I correct in assuming he should still be listed on and sign the month to month lease agreement? If she ever moves out I would want to terminate the lease. How do think I should handle this?

Debbie M., Quincy, CA

A: Start typing.

Published 2012-05-10

Dear Mr. Reno:
My tenant signed a 1 yr lease, at end of Feb 2012. Now, she is in violation of lease, as she broke garage door twice saying it came that way when she opened it the first time. I was there when she originally opened it--it worked. we opened it 5 or 6 times prior to lease--no problem. she won't keep up yard-HOA guidelines, chasing her down for late payments monthly-only there for 3 months so far. In the lease I asked her to mail it to me, and she won't, nor will she call for notice of late payment either. She will only txt, and receive txt on cell phone with me. She refuses to talk on the phone momentarily. Home rented "AS IS" A.C. broke and tried for 1 full wk to send service co. to fix it. Neither her or roommate would answer phone, txts, when company arrived on Easter wk. etc.,. She wouldn't get up, or receive repair service. Then I made 3rd appt with different company to evaluate it Co. banged on door, I txt, and finally let them in to fix it. This is getting old, as house rented As Is, and I didn't promise to keep a.c. up. They are just problems all around. .Every time she pays rent the very next day she says a.c. broken-always late Fri. or holiday says a.c. broken.. I rented the house "as is" .FYI no appliances came with house either! I'm doing all the work, tells me landlord's responsibility to keep uip everything whether I like it or not. Is that true? Quest: Am I responsible for fixing an old a.c. unit if home rented "As IS" in lease. and verbally kept telling her from the start?
She is in violation of 4 guidelines listed above--May I evict her at this point since she is in violation listed above?

Hot in Texas-HOA

A: 1. You said no appliances came with the house? including a/c? If it's her A/C she can't make you fix it.
2. Evicting for violations is almost impossible. I only remember doing it once and I think I may have dreamed that time.

Dear Mr. Reno:
I rented the studio in my house (which is not legal btw) without security deposit ant no written agreement, month to month. He was late on the first pay due day, then month later he refused to discuss nonpayment situation, we had an argument and I asked him to leave ASAP. Now he is still here, without intention to pay the rent and have an excuse that he can't find new place because he doesn't have enough money. I'm willing to give him some money if he will move out. Is it considered to be a bribery ? Is it legal ?
Thank you

Vera, Stony Brook NY

A: You can give him money- the banks do it. They call it "relocation expenses." If that'll work, try it. If you need to evict, call me (667-RENO). I'm in your area.

Published 2012-05-04

Dear Mr. Reno:
As single home landlord in California, I am wondering if I am able to use the "right of entry" during evenings and weekends with a 24-hour notice? My tenant has moved the majority of her stuff out (beds and furniture) and has until the 14th for her occupancy. She also works varied hours as an ER nurse. She used email to give her notice in which I accepted. Am I allowed to use email as the source of notice of entry - especially since she may not be at our rental regularly? If so, is she required to respond to the email?

My tenant has not kept the home in "show" condition as stated in lease. They house is in disarray. The landscaping is not upkept as stated in lease which includes HOA. Is there anything I can do about obstruction of business? Should I give her a notice of violation of lease? If I decide to do the landscaping myself before she moves out, can I deduct it from the deposit?

The carpets look like they will need to be replaced due to plants directly laying on carpet and a waterbed left severe imprints in the carpet.If the carpet needs to be replaced, it will cost more than her security deposit.

Otherwise, she has been a good tenant for 2.5 years and paid on time. She has requested a preliminary inspection on the 9th.
Thanks,

Liz G., CA

A: As far as "right of entry" you can use it but only if the tenant lets you. Welcome to the real world. Anyway, you & Ms. tenant sound like you're headed for small claims court in a security deposit dispute. Buy your rug, do your landscaping, keep your receipts and plan on getting about half of what you ask for.

Published 2012-05-03

Dear Mr. Reno:
The tenant has responded as necessary to an Eviction Notice I filed against him. He listed reasons why he shouldn't be evicted. I now need to request a hearing. Is there an appropriate form for this? The Clerk's office suggested I simply write a request myself in legal form.

Joseph T., Seminole County, Florida

A: Go for it!

Published 2012-05-02

Dear Mr. Reno:
Tenants moved without paying last month rent. There is major damage to the home and will cost more than the security deposit to repair. Carpets ruined, holes in walls, trash etc. Tenants have moved to Georgia. Would not provide me with their forwarding address so I sent a letter to the lease address with Return Service Requested and was able to obtain their forwarding address from the Postal Service. They have received a letter providing a summary of damages and notice that last month rent is past due. I have receipt from post office where they accepted and signed for letter. I am being told I would have to sue them in small claims court in the State of Georgia rather than in my county in North Carolina. The contract/lease was signed in North Carolina and home is in North Carolina. Is there a way around filing in Georgia? If I have to file in Georgia, how can I expect to be reimbursed for my travel expenses?

Brenda Schwab – North Carolina

A: There is a way but its cost prohibitive. If you go to a higher court, they have what's called IN REM jurisdiction. But the filing fees are high and you need a lawyer - so you'd be throwing good money after bad.

Dear Mr. Reno:
Please help me I don’t know what to do. My boyfriend and I have a child together and our relationship has come to a end. I have asked him to leave several times. I don’t push the issue as far as fighting 1. I don’t need my kids seeing this 2. Afraid it will get physical (struck me 1x before). He does not pay any of the bills. Last time he paid a bill was 2 months ago. I have told him listen we are not together anymore and I want you to leave. He told me he is not going anywhere. What can I do this is a horrible way to live I feel like running away. Having a child together does not help. Any advice you can give me would be great!!!! The apartment was originally mine and he moved in with me there is no lease. I would like to stay in the apartment with my children. I just want him gone as quick as possible.

Laurie, New York

A: This sounds very serious. I think you should seriously consider moving out. Your not the Landlord & can't evict him. Maybe not violent enough for family court to intervene.

Dear Mr. Reno:
Youngest daughter (my sister) moved into mother's home supposedly to care for her. She married after 2 months, and left. She left all her furniture and moved in with her new husband. She has been asked for at least 5 months to remove her furniture, but she won't. Can we just sell it at this point by giving my sister a written 30-day notice? My mother is elderly, and can barely get around all my sister's stuff. Also, when she moved in, my mother's in-home healthcare was stopped. Now, the rest of us have to come up with the money to pay for the first 2 weeks of care as a new deductiblef to my mother's Long Term Care Insurance. The sister causing all these issues won't help in sharing those costs either.
Thank you.

Sue H., AR

A: You should send a letter inviting her to a garage sale.

Published 2012-05-01

Dear Mr. Reno:
Our issue is that we own a 4 unit building with the tenant in one of the apartments late 23 days from paying rent for this month. We contacted the tenants on the 13th and got a story that they sent the rent which normally comes from his mothers checking account. The tenant called us back on the 14th and stated that it was sent but had not been cashed yet. We met face to face in the apartment on the 15th and he again claimed that the same story and offered cash from his pocket but said that was for the next month’s rent and assured that the issue would be cleared up by mom and the bank on the 16th. Tuesday the other half of the tenants called and stated that the check was cancelled and a new one would be on the way. Still no rent on the 23rd. I started calling them again, one cell phone is shut down, the other just rings or we leave messages with no answer or reply. So we are now assuming that they are no longer paying rent and we do not want this to go on. We are pretty sure that our lease is sold and also has a late charge with daily late fee included. But this will be the first eviction for us. We have read the LPA site and stories over and over and feel that is where we are headed but were not sure where to start First?

Second, the Boro that the rental is in controls the utilities and has each tenant pay a deposit and has each unit in their own names. However, if a tenant defaults or stops paying they hold the landlord/owners of the building liable. With that said, we have the ability to shut of the electric and water to each unit individually. Can we do that if they are no longer paying and or late paying their rent and utilities?
Suggestions if at all please…
Thanks

Rich & Christina, PA

A: If you want to tackle this by yourselves, the best plan to start is the courthouse where they do evictions. Many courts will give you their own forms.
As to ques. #2. that's a no-go folks, sorry.

Dear Mr. Reno:
I have a tenant that has been renting for 6 years with no increase in rent. I attempted to raise the rent however he said he would not pay it because something needed to be repaired. This is a major project that will entail a whole weekend. I can not afford the project nor pay for a hotel room. The problem is not a safety hazard nor a health issue. Just an nuisance. Can I raise the rent?

Becky S.

A: You can, but raising it unilaterally is very tricky. Easier to terminate the rental - give a notice to vacate - and find a new tenant (by the way, when he gets the notice to vacate - he may reconsider the increase...)

Published 2012-04-30

Dear Mr. Reno:
I have a tenant that did not tell me she was moving out until 4 days after the rent is due, and she still has not paid me rent for the month and is still moving her stuff out, what are my rights?

Nancy B., Westchester, NY

A: You can start a non-payment, but probably don't need to. What's left? Sue in small claims for rent?

Dear Mr. Reno:
I am the homeowner, and I have roomates, that were paying me on a weekly basis. They have the cable in their name. Even though they were getting a discount on the rent to pay for the service, they have cut my internet access, by changing the password. Can I have that cable turned off, and switched to my name, without legal issues, while i have them evicted? I am having them evicted on holdover, after giving them a months notice without them leaving, and if so, can I deny them service without legal issues??

Arturo

A: So far, cable has not been ruled an "essential" service, as far as I know, so you can do what you want, but this is gonna change any day now.

Published 2012-04-28

Dear Mr. Reno:
Against my best judgement, I allowed my stepson to rent my home with his friend. The fiend is a man in his thirties. ( Payment was always late, and my husband told, by phone to pay to pay or leave.) This man, according to my stepson, stole my stepson’s money and left the house. Acutally, he absconded with my stepson’s share of the rent in hand and never returned. That was four and a half months ago. My step son recently moved out of the house, himself and after the house had been empty a few days, this man let himself in with a key, which he still has and broke several windows with a hammer, broke every lamp, light bulb, piece of pottery, the glass in the china cabinet, and my china. (My house was furnished and left in my stepson’s care while we are away for a while for work.) My sister and I wore goggle and cleaned glass for hours. We also changed the bolt locks. The neighbor, hearing about this guy’s destructive rampage, no longer wanted to i.d. him for the police, and the police treated the matter sott of casually, as if it was a disagreement between landlord and tenant. ( I don’t know the guy. I met him briefly.) He has been out of the house about 41/2 months now but still has a key.

I had come from out of state to do the cleaning and secure my house as best I could, not having funds at this time to pay for the vandalism repairs. My neighbor called the other day to say she saw the guy come again twice – first he stayed five minutes and the second time, he came with a tool bag. The lock was open when the police came and the house had been left unlocked. It was ther impression that all looked well, and this was just a tenant who’d been locked out. The detective, who is a wonderful woman, says I need to evict this guy, formally. I have no idea where he lives and he has been out of my house for more than four months already – took off and did not pay, but stole money and committed crimes.
Do I have to give this person an opportunity to “make right” and to live in my house?
This is a vile human being. I am afraid of him. I plan to return to the house myself in May, and I’m afraid he might come by. I have changed locks and to no avial, so I feel like a sitting duck. How can it be that I can’t keep someone out of my house. And I don’t know what the man wants there. I don’t care either.
Is there a limitation on times to evict?
What I mean by that question is, do I have to evict someone whose been gone four months and has vandalized and stolen?
He wasn’t even my house that long. And very importantly, I do not have money for eviction. Does it cost? Also, he was the roommate of my stepson. How can he stay if my step son doesn’t? He is not free to bring anyone else in to help with his share of rent.
I am thinking, if I get through this I may look for a roommate, but now I fear that may come with its own set of legal complications.
Thank you for your time. I have to get up in about 6 1/2 hours and am falling asleep as I type this. I hope it is not too rambling. Again. thanks.

Katy, FL

A: You have a choice. Move in (no court) take your chances (probably okay). Or do an eviction (be really safe) and pay a lawyer and you're home free. (even if you can't find him you can serve the home) You can't have it both ways.

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