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 2012-05-02

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.

Dear Mr. Reno:
I am the landlord in the State of NJ and have a commercial lease that expired on 12/31/2011 and have not renewed because the property needs major repair. The repairs might cost more that what the building is worth and will consider demolition if that's the case. I want to continue tenancy on a month to month since the lease already expired, however, the tenant is asking us to renew the lease and if she doesn't get a new lease she will not pay rent. Although the repairs are major the tenant continues to conduct business as normal and has not shut down due to the repair. What are my options?

Betsy, NJ

A: I guess you can either evict them now for nonpayment, or give a new lease- those are your options. Here's a thought: If you start an eviction, maybe your lawyer & the tenant (or the tenant's lawyer) will meet in court and reach a global settlement that includes the repair work. Worth a try?

Published 2012-04-27

Dear Mr. Reno:
If my Commercial landlord served me a 3-day notice 12 months ago, however, we agreed on a deal to continue with rent plus pay and additional amount each month for back rent. If, 12 months later, I owe them for the current month and am 20 days behind do they have to serve a new 3-day notice or can they begin the eviction process now?
Thank you

John in California

A: Dear John: They nullified the prior notice when they took new rent. So there you go.

Dear Mr. Reno:
I got the stipulated agreement in the court with this tenant on Feb . The agreement said they have to pay up to date and sign another lease to continue the rental.
The tenant paid up to date and signed the lease on March. However, the tenant did not pay the full rent once again in this first month new lease.

My question is:
Can I still file noncomplance with stipulation? Or I need to start all over the eviction process again? Also if the tenant make the full payment before or at the Summons Summary process, can I still terminate the lease with this tenant?
Thank you for your help

Sarah

A: Probable No Good. All the unpaid rent you complained about has now been paid. It's a brand new lease and a brand new violation. Sorry.

Published 2012-04-26

Dear Mr. Reno:
I won Judgement for Summary Process by default. I want to serve it and the constable states I need to give 48 hours before he can serve the Execution. I know she left items in the unit. What do I need to do with it and what other recourse do I have to collect the funds. I would the judgement for a Total: $4XXX.XX
thanks

Steven, Massachusetts

A: The Constable takes care of the personal items. For collections, do you have a bank account to seize or an employer to garnish? That's your best bet. Otherwise, you can frame the judgment and hang it in your garage.

Published 2012-04-25

Dear Mr. Reno:
I own an rent a property in New Jersey. A former tenant has admitted to visiting the house post-her tenancy and is maliciously interfering with the current tenancy. The former tenant is upset for she feels she was overcharged/over-deducted in her security deposit. She says she has "visited the house and spoken to the current tenant and taken pictures showing the repairs have not been completed."

The question is this: Do you have any information that pertains to tort liability for interference by a former tenant in the State of NJ? Regards,

Kevin, NJ

A: Don't even think about it. These cases are only talked about in law school. It doesn't exist in the real world.

Published 2012-04-24

Dear Mr. Reno:
I am evicting my tenant for non-payment of rent for this month. When I ask for the rent, my tenant said he is out of work and doesn’t have any money to give me. Can I use his security deposit for the non-paid rent this month?
In addition, I notified the tenant I would be conducting an inspection of the home including photos. He said I cannot take photos because they are still living in the house. I have given them the eight-day notice to pay or vacate, which went ignored. I am submitting the paperwork to the court for final eviction tomorrow morning.

Lesa, Michigan

A: You go girl! January rent's already past due. Forget about the photos & security until after they're out. We'll sort it out then.

Dear Mr. Reno:
I just completed an eviction of a tenant in a duplex that I have located in Fresno, CA. Her sister lives next door in the other side of the duplex. The tenant I evicted did a significant amount of damage to the property prior to being evicted. Unfortunately for me she only has social security income and no assets so I have no way of of recouping the lost rent and money for damages.

Does she have a right to come back on the property to visit her sister?
What rights do I have to keep her off the property? Thank you.

Scott P., Landlord, Fresno, CA

A: You can't tell her who can visit her, but I have racked my brains and I have one idea. Send a letter to tenant, "Your sis owes me $ ____ (fill in the blank). Until she pays it, I don't expect to see her here. If I do, your lease will not be renewed."
But I have to ask, is it worth losing this tenant?

Dear Mr. Reno:
Every month my tenants fall at least one month to 45 days behind in their rent, we have had to provide at least 6 eviction notices, once we do they pay, they come up with lie after lie to tell us , why they can't pay. I'v tried to be nice but, recently am so sick of their crap. We live in Chicago, our rental property is in Wisconin, so we have to drive a long way every month to provide the notice. They are now hiding from us, removed the mail box, so we can't mail anything, what can we do. Lease up march first we want them out. they don't work, so we cant serve at work, and they are hiding. Can we visit house with notice, and go in, we have key? we are afraid they will hid beyond the lease expiration, how do we handel this without huge expense.

Janet, IL/WI

A: You don't have to wait until the lease is up to evict them for nonpayment. These dirtbags sound like they wont to pay unless they're forced to. So you'll have to force them. Every month. Until the lease is up & you don't renew it. Being a landlord isn't always a walk in the park. Sometimes, its a drive to Wisconsin.

Dear Mr. Reno:
Tenant owes 3 month of rent and claims he wont pay because house is under loan modification. What are my rights? I sent a notirized letter giving them the choice to pay or move. Please advise me.

Gabriela G., Chino Hills, CA

A: That's none of his business! It's the same as when the owner goes into foreclosure. As long as you are still the owner, you can collect rent, give leases, and yes, even evict for non-payment, as some tenants learn the hard way.

Published 2012-04-23

Dear Mr. Reno:
We have been unsuccessful in trying to reach the tenants to schedule a home inspection. BTW, we live in MD, and has a right for home inspection at a reasonable time (stated in the lease). Can we just send a notice, saying that we'll do it at such time on such day?

Also, can we state: By law, the landlord has a right to enter the leased premise for reasons listed in the lease without consent, provided reasonable notice of time given.

Linda, MD

A: This is a sticky subject that could wind up with police intervention. You are legally right, but what happens when the tenant meets you at the door and won't let you in? Call a cop? They'll probably side with the tenant. Bottom line: these clauses are not easily enforceable.

Dear Mr. Reno:
I have a tenant that is behind on her rent and I filed eviction papers. We will go to court this Friday. I just received a call today from another landlord wanting a reference for her. He stated that she gave him my name for the reference. What by law am I allowed to tell him about this renter without getting charges put against me for defamation of character?

I also, feel sorry for this guy because there are a lot more issues than just late rent, The woman has severe mental issues and I would not want anyone to have to go through what I have been going through this last year.

Sandra W., Ohio

A: e-mail him: "Can't respond due to pending litigation." (I think he'll get your drift.)

Dear Mr. Reno:
My tenant of 2.5 years has given her notice. Our lease expired over a year ago, but thanks to the "hold over" clause in the lease, the same terms and conditions of the lease apply.
In the lease (your lease), I have a right to periodic inspection that allows me to enter the building with 24 hour notice, but also at any time once a notice to vacate is made. I have given my tenant a 3 day notice that I plan to show the house (hopefully I will have someone to show it to) on Sunday between 1-2:30 in the afternoon. She wrote back stating she has plans and needs more notice.

Now, I know according to my lease that I can still show the property whether she is there or not. I understand how this can and will upset her. However, I am concerned about the liability of what if something goes missing or is already missing and she doesn't realize it and accuses us. What is the best way to get my house rented again and still be respectful with the least amount of problems?

Liz G., CA

A: As I have said many times, these right to access clauses are good to have but in the end are difficult to enforce, and problematic for the reasons you mention. Try to schedule it with her at her convenience. She may not cooperate, but you can at least attempt it. Then if you must enter without her presence bring witnesses.

Published 2012-04-21

Dear Mr. Reno:
Hi, I'm Joel Passerell from Cleveland OH area and have the following question.
Tenants Annual lease is ending on 4/30. I gave her renewal notice middle of March asking her to let me know by 4/1 if she'd be renewing lease or not for another year. She keeps putting me off. We're in Ohio and wondering does the 30 day notice apply to her letting us know that she won't be returning? Or is that only on M-M leases? Can she not tell us anything and on the last day of her lease, hand us keys saying see ya later?

Joel Passerell, Cleveland, OH

A: Yes she can because that's when the lease is up, with one big exception: READ YOUR LEASE! There's usually a termination clause that may require a special notice.

Dear Mr. Reno:
Tenant moved in single, got married, got divorced all within 8 months into a 12 month lease. The new wife was NOT added to the lease and now will not leave the property since they are divorcing. Tenant moved out to avoid domestic dispute charges and Im now left with someone in the house that shouldnt be there. What can I do to get her out? Thanks for your advice

Jeff T., Texas

A: Once the rent goes unpaid, based on non-payment, It's an eviction. She's his subtenant, or she's a "Jane Doe".

Published 2012-04-20

Dear Mr. Reno:
I had a holdover case brought in October 2011 that finally went to trial on January 13th, 2012. The tenant is a Section 8 tenant who refuses to move out. To date I have not received an answer from the Judge and tenant has not paid her portion of the rent since October 2011. What are my options for a final resolution? I am terribly frustrated and disenchanted.

Tamara, Brooklyn, NY

A: You've done all you can do. Now it's just a waiting game. By the way, why aren't you on the phone with Section 8? They keep paying my clients as long as the tenants are still there.

Dear Mr. Reno:
My question is our landlord and my husband and I signed a one year lease February 17,2011 for what was supposed to be one year well landlord mistyped and put end date as July 31,2012 she said it was no big deal she knew on! You was one year but now that we are ready to move she said lease is not up and we are responsible for rent until July 31 and that we have to leave tthe utilities on in oour name even if we move out of tie premises is this legal can they do this aand what options do we have??????

Jessica Wagner, Indiana

A: First of all, no one can ever force you to leave the utilities in your name (Unless you're a Landlord) But your lease does bind you- and if you leave early, you may get sued.

Dear Mr. Reno:
I live in one unit of a duplex owned by me and rent the other unit to my friend and his family for FREE (or substantially low rate than market place) since his family do some house and yard work for us. There is no lease. This arrangement is planned for a longer term such as 7 years. Is there an agreement (not lease agreement) that I can make with him to let his family leave when I do not want to continue such an arrangment 7 years later? We do not want to use lease agreement because it may introduce tax complexity for work-exchange-for-rent situation. I am thinking to use the agreement (not lease agreement) in the court in case something does not work well in 7 years. Is it achievable?
Thanks,

Yujing, California

A: You're better off without it. That way, if things go sour, you can end it on 30 days notice. You're holding all the cards. Why change it?

Dear Mr. Reno:
Im in CA and I have a tenant who lived in an illegal dwelling for 2 1/2 yrs. He paid late in Jan, 2012 and stated he would be leaving at the end of feb. he didnt pay rent wanted to use his deposit for rent we said no!

we started eviction on Feb 14. he retailated by calling Env. Health. They red tagged the illegal dwelling. . he had to leave by the 3rd of March. he called today to inform me that he left the premises, he took the front door chaps and is requesting his whole deposit back. my question is should we give him his deposit back entirely or not give it back since he didnt pay rent in feb. What should I do?
thanks

Ms. Gomez, CA

A: This is tough one for me because I'm not from your state and some states have tough rules and penalties about deposits. I think CA is one, you better ask a local.

Published 2012-04-18

Dear Mr. Reno:
I have a property that is currently leased until January 2013. If I sell the home, and the new buyers choose not to continue to lease, do I have to buy the tenant out of his lease? If so do I owe him $900.00 for each month left on the lease? (The current rent.) Or do I owe for moving expenses etc?
Thanks for your help.

Lisa, Oklahoma

A: Either make them an offer or you have to find a buyer who'll take them.

Dear Mr. Reno:
I had a tenant with me for 8 years who just moved out. Here is the question I have. The wood floors were in good condition when he moved in but now they are in poor condition. There are scratches and some gouges in the wood . Looking ahead what would the courts allow me to charge him for refinishing the floors. I know they talk about normal wear and tear. How do I and they (the court) figure out what is fair for both parties. Is there a set percentage I should know about when I redo the floors so I know what to charge him ? I do not have any move in pictures in this apartment but I do have pictures after he moved out. Any help would be appreciative. thank you so much and I learn a lot from reading all your answers to other landlords.. Keep up the good work.. thanks :)

Janet, Staten Island, New York

A: That's a problem Janet. All they understand in court is paid receipts and estimates. They need you to provide actual figures- they won't apportionate for you, usually. I guess it boils down to: does the floor need to be replaced? If you can't convince them it's ruined you may get nothing. Can you get 2 estimates to repair but not replace the floor?

Dear Mr. Reno:
I live in California, earlier this month I was in the process of short selling my house, after asking for an extension, the bank decided to move forward with a foreclosure.
The following Monday the house was sold at auction, and on the same day the new owner had the locks change as he was a Real Estate agent and had access to the lock box. Is this legal without an eviction notice? I had a few items in the house, ( Couch, bed, lamp, as well a ton of stuff in the garage ) What can I do at this point?

Dennis, CA

A: You should have gone to the police that day. Now it may be too late, but that's still your first stop.

Published 2012-04-17

Dear Mr. Reno:
My wife and I started renting to own, to a couple three years ago. With each 12month contract they were supposed to purchase the home. They never did. They have consistently been late every month with rent and they are now renting month to month with no contract. We now really need to sell the property. What steps do we need to take to have them vacate. We live in TX if that makes a difference. Your help is greatly appreciated. Thank you.

Michael M., TX

A: Legally, they need to get a notice prior to 5/1 that you want them out by 6/1/12 (or 7/1/12 if you want to be nice.) Would you consider talking to them first?

Published 2012-04-16

Dear Mr. Reno:
We went to court with tenant who was behind 3 months in rent. To evict him. When we left court we got a copy of Stipulation paper, which was three weeks ago, but we were not told to give it back to court and get a sealed copy to give sheriff. What can we do to push this as his eviction date was Feb 29th. I need this guy out , we have had the cops here several times already , and was told that it could take weeks. thanks

Maggie B., NY

A: You have to bring the warrant of eviction to the Sheriff- What are you waiting for?

Dear Mr. Reno:
I have a tenant now who asked after this month's rent due on the 1st to change it to the 15 th of the month. This was because of a job change.
Question: Does she owe me a prorated amount up to the 15 th, since I consented to the change?

Frankie

A: This smells fishy. I don't think she has half. Smells like she wants a 15 day grace period. How about giving her till the 10th or the 7th?

Dear Mr. Reno:
As of 1-1-12 the lease was up at one of our units, we ask them to move as the lease was going to be up we asked in December. the tenant told me that he did not want to move, I told him not possible and if we did not come to an agreement on a time that I would just serve him a 30-day right then. so we agreed on may 1 2012 with 1 month free and security deposit return regardless of condition of unit they have been living there for 11 years.

Now they are telling me they don’t want to move and they need more time. I would like my unit back. Can I go to court on this? Am I in violation of any of their rights? I have a signed letter from him agreeing to move on on that date.

Hugo Hernandez, CA

A: You can, but you'll have to wait. You said he could stay until 5/1/12. Not much you can do until then, except give a written notice- prior to 4/1 for 5/1.

Published 2012-04-15

Dear Mr. Reno:
I filed for eviction two months ago, when the tenant got papers to appear to court, he paid all the rent plus fees, now we are facing the same problem, he has not paid this months rent, I called the court case is still open, but will be dismissed soon, can I proceed with that case or do I need to file again?

Patricia R., Wichita Kansas.

A: Try this: Appear in Court on the court date and ask to "amend the petition" to include the new rent due. They let us do it here, it may work there too.

Published 2012-04-14

Dear Mr. Reno:
My disabled dad lived in a house that I own with my sister until he died, he let my brother live with him as a caregiver for which he received state compensation. We did not charge rent, or enter any tenant agreement.

How do we get my brother out of the house now that my dad died? The house is in California, and he is a rather unscrupulous person.

Debbie, CA

A: Eviction of relatives is on the rise. I use to hear it once in a blue moon. Now, everyday. Its so sad. (30 day notice to vacate.)

Dear Mr. Reno:
My tenant died on Feb 13th. I allowed him to rent out rooms if individual applications were submitted to me and if I approved. I was only knowing two out of eight individuals living there. He was not in compliance with the lease. He recently allowed a wall to be built in order to collect more rent money. Code enforcement cited me and I had to get a permit to demo the wall they put up. The residents that remain, a houseful, are not coorperating, what can I do?

Nancy Wilson

A: This happens. You should have evicted him while he was alive. Now he's left you with a mess. You can still evict them, but now you'll need a lawyer who does evictions in your area. This can get tricky. If you start now, you'll have it back within 60 days, but there are no shortcuts.

Published 2012-04-13

Dear Mr. Reno:
I have in my rental agreement that "no weapons or ammunition " are allowed on the property, an eleven unit building. One of my tenants has questioned this policy and says it is his right to bear arms. He is an Iraq Vet and also a hunter. We are in a rural area where hunting is very popular. Can you advise me?

Joan

A: When's the lease up? That's your answer. You want to evict him for this, well, good luck with that. You may be legally within your rights, but against a vet, your cruisin' for a bruisin'.

Dear Mr. Reno:
I had to give three tenants in one of my properties notice to vacate because they were such a disturbance to the other tenants. They were students and their parents co-signed the lease with them. I received several serious complaints about their alcohol related actions. Some of the other tenants were threatening to move. After serving them with the notice to vacate, one of the mothers called and went into a rage with me for evicting her son. She would not allow me to explain so I just hung the phone up. The next day I received a call from the other two parents. Both were very understanding as to why I had to take this action and apologized for their actions.

About 8 days later I was notified that the irate mother had put a stop payment on her rent check. When the boys moved out 30 days after the notice, I inspected and was so blown away by the odor. There was urine stains all over the carpet throughout the house. You could not step anywhere without stepping on a huge urine stain. The house and carpet was new when they moved in 4 months prior. There are also damages in the bathroom that will require replacing molding and refinishing the wall. Their security deposit is $1100.00.

I filed judgement against this lady for non-payment of rent. Court date was last week. When the judge ask her if she owed this money, she went into a rage attacking me for evicting her son. She immediately convinced the judge that any unpaid rent was to come from the deposit. I tried to make him understand that it was not a peaceful termination and they did not fulfill their lease term and the damage will exceed the security deposit. He ask for an invoice and I explained that the work was not complete and I didn't have an invoice, but I had pictures. That didn't seem to matter to him. He dismissed the case.

My questions is this. Once the work is complete, I know I can file judgement for the damages, but will I be able to file for the unpaid rent again after proving the damages.

Dean

A: You can put it in, but they could fight it on the grounds that the last judge already ruled on rent- but still put it in anyway.

Published 2012-04-12

Dear Mr. Reno:
My tenant moved out without giving me 30 days notice, he found a new tenant for his place, his two roommates asked me what will I want to do with this. Can you give me advice what to do? I live in MA, is this a common problems for all landlords? I am a member of Landlord protection agency, thank you so much for your help.

Tammy

A: I've missed your point. What did you say your problem was?

Dear Mr. Reno:
I have rented an apartment in the Town of Babylon that is illegal. We have been trying to get rid of the apartment and the tenant for a couple of months. On January 31st, we served her with a termination of lease. She called the town on Friday and we were served three summons. I am working on rectifying that. My question is can I sue her in a civil suit for back rent and electric bills, damage etc?

Maggie M., NY

A: That's a very controversial issue because of the illegality. I remember when you couldn't get a judgment if it was illegal, then you could, then you couldn't- then you could but only in come counties because different courts had made different decisions so now I'm so confused my head is spinning. Try it. Call it "use and occupancy" and/or rent.

Dear Mr. Reno:
I am a landlord. I have a rent to own agreement which expires today. The agreement is for the people who is renting from me, to refinance the house in their name and the time is today. What do I need to do to get them out of the house?
Thank you,

Dan

A: 30 day notice. (By the way, are they paying the rent? If so, why give them the boot?)

Published 2012-04-10

Dear Mr. Reno:
I evicted a tenant for non-payment of rent last August in Cohoes, NY. I received a judgment of $1500. Her security deposit was $1000. I sent a security deposit deposition letter with the $1000 minus the $1500 judgment, couple of hundred legal cost and a couple of hundred in damages (I do have photos). Balance was negative - she owes me money. I did not chase this money as she is on disability, so I'll never recover it.
Saturday I received a certified letter from my local court she is taking me to small claims court to get her security deposit back. Best course of action?
Thank you.

Dan G.

A: You have fallen into the cracks in a major flaw in our system I had a client have to pay $200 to someone that owned them $20,000. How can this be, you ask? You have a low-life, who doesn't care who has a judgment against him against a fine upstanding citizen with a 700+ credit rating. Low-life wins. (We tried to use our judgment as an offset, but the Court wouldn't let us- said it was a separate case.)

Dear Mr. Reno:
I gave a chance to a single father and signed a six-month lease in mid-November 2011 for my 3 Br house in AZ knowing his credit was not good. One good sign was that his mother co-signed the lease and she is the chief justice in an another state. Somehow he got me to reduce the security deposit in half by agreeing to perform cleaning and painting of the house. Now, I had hard time getting the December rent, got it on 13th. He didn't pay January or February rent. I started writing him in mid-December and threatened him with eviction. Finally he vacated the house on 2/10/12. Noticed he had trashed the house and never cleaned and painted the house. He also lied on his application about his income, smoking and pet ownership. Adding all missing rents, security deposit and late fees, amounts more than $3,500. I hate to let him walk out like that and do the same to an another landlord. I tried to call her mother and left messages two times but she hasn't returned my calls. What is my recourse? Thanks

RC, AZ

A: You're off to small claims court. Only problem: She's in another state, but I would still try it.

Published 2012-04-09

Dear Mr. Reno:
I would like to evict a tenant renting a room in my house today. I understand that California has 30 day eviction policy, is there any way to get around that? The tenant was a friend of mine so they never signed a lease and have only lived in my home for 5 months.

2 weeks ago she claimed she was diagnosed with clinical depression, a week later she assaulted her husband with fists and since then she’s been acting..well “ crazy “ walking around the house with a blank stare and not talking to anyone. I am concerned for the safety of myself, other people in the household and my property since she’s obviously mental. What can I do to kick her out immediately?
Thanks for taking your time to read this, hope all is well.

Jayson, Murrieta, California

A: Sometimes, the police will escort someone out as an unwelcome guest. But once they pay rent, that goes out the window. So if you got rent, you're stuck with the 30-day. If there's a "short cut", my clients would love to hear about it.

Dear Mr. Reno:
I have a lease agreement that states that if the water bill exceeds $100.00 they would have to pay it. It's happened twice already and they are behind in rent. Can I disconnect the water service with notice so she can change it to her name?

Isabelle D., Florida

A: If you give me the address where you end up, I'll send you one of those cakes with the saw hidden in it.

Published 2012-04-06

Dear Mr. Reno:
I am a tenant in a townhome. The TH was foreclosed on by the HOA and they obtained certificate of title from the local court. The HOA rented the home to me after the obtained certificate of title. I have a 1-year lease signed by the HOA. Recently the bank bought the TH at an auction sale. The bank is now asking me to leave.
Do I have to leave? Does the bank have to honor my 1-year lease?
I appreciate your help.

Tracee I.

A: Up until just recently, the auction canceled the lease, but with this housing crises, my state (NY) enacted a new law requiring the bank to honor the lease. So you must ask a RE lawyer in your state

Dear Mr. Reno:
Rental period ends in 4 mos but we have a clause in our rental contract that if the tenant violates any rules on the contract that the landlord can give them a 30 day notice to vacate.
Q1- Can we do this?
Q2 - Can we still collect rent during this time?

Lisa, North Carolina

A: Yes. Yes, The problem is, it's not so easy. They can fight it in Court, and if they correct the violation, the court will probably let them live out their lease.

Dear Mr. Reno:
You've helped me in the past. My current situation is this:

1)March 31st evening, tenant calls me up and tells me they've moved out. The one year lease term expired at the end of July. I was not very upset as they were beyond filthy, late with the rent, and were breaking up. They (at their own discression) applied part of the security deposit for February's rent, leaving a balance of $ 650.00, and gave me a notarized statement stating their action. I told them them this was not acceptable, but I don't have much immediate recourse, and would prefer them leaving, giving me a month's notice.
2) After cleaning out 3 trailerloads of garbage and beer bottles,photographing everything, I get a notice that he is suing me in Small Claims Court for the rent he paid in March (willingly) and the security balance, because of " racoon and squirrel infestation". I'm sure there is infestation in his head.
3) I received and responded to his claim with a counterclaim for the maximum allowable amount locally, bases on his vacating the premises before the lease ended,failure to comply with lease requrements( keeping property and house clean).
4) I have two recorded messages on my cell phone voice mail that I have saved from the girlfriend stating that they were splitting up and she was moving out, then in the second message sshe states that they would be late with February's rent( ultimately, security was used for that payment)
There was never any mention of raccoons or squirrels in any messages. Never one written or vocal notice.

How can I introduce this evidence ( it seems you can't bring cell phones or tape recorders into court) I appreciate your help.
Thanks

Michael, Hampton Bays, New York

A: This is a new thing. People are playing voice mails directly from their phones as evidence at trial. Just tell the court officer it's evidence. They'll have a procedure to get it in.

Dear Mr. Reno:
Greetings and Salutations,
I have learned so much from your site! Thanks for that!! Here's our dilemma...
Our tenants resided in a downstairs apartment in our home. Their lease expired and we were on a month to month agreement with them. They have financial problems so they asked if they could pay rent weekly rather than one payment monthly. This was cool with us. It's built in budgeting! They pay every Friday.
They began complaining after two years that a two bedroom wasn't enough space for them (three adults and one teen), it was too cold down there, it's damp (the list goes on) and wanted to move. This went on for two years!

We were happy they were considering moving (they haven't been the best tenants in the world, and that's being nice) and told them to let us know when they found a new place. Sounds like things should be simple, right? WRONG!!

We caught them moving out the day after they paid their weekly installment. We asked them if they planned on telling us considering they just saw us when delivering their weekly rent. Their response "I told my Dad (one of the three adult tenants) to tell you. We will be out today." We were relieved and said good riddance. We will take the financial hit. It's worth it to see them go!

Here's where it gets fun: Saturday they moved most of their stuff. Sunday we smelled kerosene coming from downstairs. They weren't around. We called them saying we needed to enter. The kerosene smell was a spill while they were moving. No biggie, we cleaned it up.
They came that afternoon and said they were done but were coming back to clean on Monday and gave us permission to show the place (not without the snotty "you can't rent this out. It needs work" HA!) and start some repairs. Monday came and went with a no show. We stayed out. Tuesday we went down to replace a window they had broken only to find the place full of garbage (rotting food), four years of dog pee and feces, dust, food stains and broken furniture. They were paid up until Friday so we just sent a text asking when they were thinking about cleaning because we would like to schedule a walk through and sign release of the property back to us.

They replied with a text "You can deal with the rest of the garbage and cleaning seeing how you didn't fix anything while we lived there (they never requested any repairs either formally or otherwise by the way) and we aren't signing anything. We're done."
We have tried to contact them several times to be sure they really wanted us to dump their things. They won't answer. Obviously they aren't planning on a walkthrough or returning the keys or anything else for that matter. It seems they are angry at us for not giving the apartment growth hormone during their four year stay. I don't know.
They are long gone. No clothes, personal hygeine items, etc remain. Only broken items, garbage, and thousands in damage. We took pictures and a video diary of the items with a witness as well as an itemized list. Items have been placed in storage and a certified letter stating it will be there for thirty days has been sent.

The good news is we already have tenants lined up upon completion of repairs.
Are we a go for changing locks and reclaiming the apartment? The new tenants are eager to sign a lease. We would only do a binder agreement with a small deposit for now.
We'd just like to move on and chalk this up to lessons learned!! I eagerly await your witty reply.
You sir, are a gentleman and a scholar.

Courtney (upstate NY)

A: Thanx for the compliments and, yes, you are cleared for take off. Happy rentals- you seem to have a good handle on this landlord thing.

Published 2012-04-05

Dear Mr. Reno:
My husband and his mother mortgaged a two-flat with the understanding that she and he would occupy the house, each taking a floor to live on. This was the case for a year or so, then she moved out and turned over her apartment to my husband's sister and her four children. My husband did not agree to this, and when he asked his sister to move out, the mother moved back in and refuses to evict the sister. The sister and her four adult children, two live-in partners and one grand child, and my mother in law all live in a four-room apartment, at times with no heat and/or electricity since no one but my mother in law is working. She is 72. The damage they have caused over the years is unbelievable. My question is simple: does my husband have any right as half mortgage holder to move to evict his sister without the consent of his mother?

Mrs. White, Illinois

A: Can't. Sorry. They are mom's guest- she's an owner. No can do. As a co-owner, your husband can force sale of the house. A drastic remedy, but that's all I got.

Dear Mr. Reno:
Am I allowed to go in and around my tenants yard without permission?

Brian Little, Ny State

A: Probably ok, but if they ask you to leave, you must. Unless your lease gives you that right.

Dear Mr. Reno:
I have a question that is simple yet complicated.

My family won a judgment and a jury trial giving us title free of all encumberances to our property. Our attorney did not name the bank who had the loan as a party and the bank started foreclosure. My family had to file a lawsuit against the bank to try and keep our home. At a hearing the bank won and would not work with us to stay on our property. Through our attorney we tried to work with the bank to purchase our property but all efforts failed and we had to sign a legal document that in order to get more time to move after their last rejection of our offer. The document we signed was under a great deal of stress as we were having to move off 97 acres with equipment and livestock. Two days before we had to be off the property my daughter was injured. She had to have surgery and has three screws in her arm. The conditions of the move were in November in Oregon and it was raining and very muddy as our property was a Christmas tree field and a new construction. My daughter was in the tree field removing a tent from the workers and that is where she slipped and broker her arm. The bank refused our offer to purchase the property and later sold it for less than we had offered.

Does the insurance company for the bank have any liability because we were under the threat of another lawsuit and a judgment of $25,000 against us.
With thanks,

Sharon G., OR

A: It doesn't work that way, unfortunately. You didn't say much about the accident, but I'm assuming it was an accident,-no one's direct negligent, so, I don't see the liability, sorry.

First Previous Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Next Last

If you are a Landlord on Long Island, NY, and wish for Mr. Reno to handle your landlord - tenant case, please provide your contact information: e-mail Mr. Reno

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