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 2012-04-12

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.

Published 2012-04-04

Dear Mr. Reno:
Own a home in New Jersey, I live in Virginia. Signed a 2 year lease with 2 tenants. The lease will be up in May 2012. I would like to move back into the New Jersey home in June 2012. Do I send a letter stating I am not renewing the lease? I have heard that New Jersey has an Anti-Eviction Law and it is difficult to remove the tenants due to this Law. I know that if I dont renew the lease it rolls over to month to month. But I want to go back. The one tenant is difficult and calls the sue card on anything you ask.

What do I need to do to take over the property again. This is a single family home.
Thanks,

Jersey Girl

A: I think you're on the right track. Now you need to read your lease very closely. Look for the provision on termination and follow them to the letter.

Dear Mr. Reno:
I'm a 6 family landlord who owns this property in Brooklyn for 1.5 years and I have been having a lot of issue with the tenants. Mainly section 8 tenants. They play games to break things in the unit to get section 8 inspection fail so I don't get any rent. I need to find a way for the eviction them and I need an attorney who is familiar with section 8 process.

Also, if it's possible I would need help to do annual rent registration for me to get DHCR report. Also, I have some boiler violations which the previous owner is responsible for. The bank is holding funds in escrow. And I need help for that.

There are issues here and there and I really need help on this one.

About myself,
I'm a full time real estate investor and have properties both in Manhattan and Brooklyn. I often purchase, sell and rent apartment.
Thanks and hope to hear back from you soon,
Best regards,

Emma

A: Bernadette does NYC. Call her at (516) 228-0033 ext. 203 and say hello for me.

Published 2012-04-03

Dear Mr. Reno:
Sent a Non-Renewal Rent notice to my tenants on Feb. 28, 2012.
I will be moving back to my Property.
Gave them the 60-day term period to vacate.
They are owing me the rent for March.
CA law states that sec. dep. can be used to pay rent owed or any other fees.
The Security Deposit won't cover the late rent penalty fee of $100 and by using Security Deposit to pay rent I won't be protected if tenants leave the property damaged, it will be difficult to collect.

Called tenants on 3/15/12. They said they will move-out 3/31/12 or 3 days sooner and will pay rent 3/31/12.

What can I do if April comes and they are still there and rent for March is still due?
They always paid rent late during their 2-years tenancy period and each month they had a different excuse for not depositing $ on time.
Please advice. Thanks much.

NYDIA, California

A: This is the age old problem. You may have to evict them. The longer you wait, the longer they'll be there. Get your place back first. Worry about collecting later.

Dear Mr. Reno:
We assumed the loan on my grandmother’s house and have been paying the mortgage for over 10 years. The house is in our name. The oral agreement with my grandmother was that she could live in the house until she passed or was no longer able to care for herself. At that time, my uncle lived with her and later my aunt moved in. My grandmother was recently put in a nursing facility. We recently served a 60-day notice to quit on my uncle and aunt but we’re worried that they may not move out. No rental agreements were signed. We called the fair housing department and they said that since there are no legal documents renting this home to my grandmother, aunt or uncle, we can have them removed now as they are swatters. Do they have any legal rights to stay in the home?

Julie A., Sacramento California

A: First, the word is "squatters" (you were close) and they are not squatters (that's vagrants who break it. ) Even though they are "licensees" you can still evict them so you are cleared for take off.

Published 2012-04-02

Dear Mr. Reno:
--When I rent out the Illinois property, must I pay sales tax to the state, monthly, on the rent?
--Must I file a Illinois state income tax at the end of 2012 on rents collected from my property? Thank you and God bless you, Mr. Reno. Very truly yours,

Ben, FL / Rental in IL

A: Sorry, you need to ask an accountant or tax lawyer. I do evictions.

Dear Mr. Reno:
My family moved into my new home with my fiancé and me last year to help with bills and it's time for them to go. They are mentally abusive, pay minimal rent when possible and they refuse to leave. I love them but I can't afford to have them here financially or mentally anymore. What can I do to make them leave?

Sandi L., Florida

A: Here we go again. It's their residence now. They'll need a 30 day notice, and then (sorry) eviction court. You're gonna need help with this. Hire a local.

Dear Mr. Reno:
My tenants broke their lease and moved out leaving us with bills that exceeded their security deposit. My last correspondence with them I was hung up on. Do we need to send them a demand for payment itemizing their total deficiencies or can we just proceed to take them to court? Also, I need to mention that this took place last August and quite some time has passed. I would appreciate any help and or advice in this matter. Thank you.

Carrie, Reno, NV

A: From Reno to Reno, technically, you are supposed to make a demand before you sue, although in small claims court, they probably won't require this formality. I guess, better safe than sorry, so write your letter.

Published 2012-03-31

Dear Mr. Reno:
I have a tenant(s) on a 6 month lease who are consistently late with their rent, not maintaining the property up according to the lease and I have advised them that I will not be renewing their lease at the end of this term which ends May 1, 2012. When they came to me they had a judgment against them from another property, but because their family member is a fellow member of my church and practically begged and reassured me that she would vouch for them, I agreed to rent to them. I received a phone call from a property owner in another state where they are apparently seeking housing. The gentleman asked me several reference questions, which I answered very honestly. What I'd like to know is if there are any guidlines or laws pertaining to how much information I can give to another potential landlord? I do want my tenants to move, but I cannot, in good conscience, give any "shining" references about them and subject someone else, unknowingly to what I'm going through.

Joliet

A: That's quite the moral dilemma. Sorry. No guidelines - you're on your own Joliet. (How about screen your calls for a while - Tell no truths; tell no lies?)

Dear Mr. Reno:
My father was living with his female companion for 10yrs (in their 80’s) in a condo that my father legally sold to me and my brother for a small token amount 8 yrs ago. He’s now in the hospital and will have to go into a care facility, due to dementia and needing 24/7 care. I spoke with the companion about dad not coming home and his medical situation is that we need to rent out the condo to pay for his care. She says well, I have up to a year.
Here’s the thing – she’s not on the lease, my dad has a lease with us drawn up by his attorney to allow him to live in the condo until his death paying $1/yr. She’s been a great companion and has shared living expenses, but no rent.
Does she have to leave in 30 days if we put it in writing or does she have rights since she’s lived with my father for 10 yrs.?

P. W., Honolulu, Hawaii

A: The drama continues with the kin folk. Is Dad going to participate in your eviction of his girlfriend? Otherwise you've got troubles. He's lawfully there for $1. She's his guest. O.M.G.

Published 2012-03-30

Dear Mr. Reno:
2 roommates on lease only one signed and she moved her girlfriend in a few days later. the roommate that did not sign has never been there and i think that she never moved in . i am pretty sure that she was just putting her name on the app to get her friend in so she could move her girlfriend in and she would be gone. she did not sign because at move in she did not show up but the other girl did with the one who signed, and i could not get hold of the other to ever sign.
anyway i am evicting for non payment of rent. the first few months the one who signed kept giving me separate checks for rent. then all of a sudden the last month she gave me only one check to cover her and her girlfriend and they wrote that the other roommate (that did not sign) did not pay her half of the rent. which does not matter who pays what i have told her but i think that that is why she kept splitting it up because she thinks that i cannot evict her because she paid her "half of the rent" anyway i am evicting them but i wanted to know since i never gave the roommate (that did not sign) the keys and obviously she never signed the lease, do i need to serve her a summons?
i put her on the eviction papers but i was thinking do i need to put her on since she never signed anything?
and i have never seen her. i do not think she ever moved in, but i am afraid they might call her and tell her they are evicted and she might come back , i do not know where she is so how do i serve her summons i have not seen her since she dropped off the deposit before the other 2 moved in.
thank you
i served the 3 day i need to do the summons this weekend, so if you can help or tell me a website that has answers i appreciate it.

s ross, CA

A: I totally agree with you that it's probably not an issue, but there's an outside chance she could get involved, so, since you're worried about this, put her name in- it can't hurt you.

Dear Mr. Reno:
I have filed an eviction, my question is
Can the tenant give me the money owed during the days is required by the law instead of going to court and paid, after she is served with the summons?

and can I submit a STIPULATION TO EVICTION JUDGMENT to the court after the five days???
Thanks

Maria V., Broward County Florida

A: If it's a non-payment type proceeding, the tenant can always put the KA-BOSH on it by paying, but at least you'll have your money.

Dear Mr. Reno:
I am a tenant in Los Angeles, CA with a month to month lease. My roommate and I are both on the lease, we had a falling out recently and today she told me I need to move out. I have neither the time nor the inclination to move right now. We both have separate rooms and i am fine with keeping to our own spaces. I told her if she is not comfortable with the situation she should move out and I will find someone else. She then informed me that she was already looking for a new roommate and would be "showing my room" when I am not here. We do not have the ability to lock our bedroom doors. Would this be considered trespassing after I have specifically told her not to enter my room? What can I do to protect myself in this situation? Both of her parents are attorneys and so I want to protect myself (legally) as much as possible.
Thank you for your help!!!

Kristen T. CA

A: Get a lock today. You're not going to accomplish anything legally.

Dear Mr. Reno:
Can you turn off a non-paying (two months) tenants heat and electric and or move their stuff out without going to jail? I am going to court and they just keep postponing their court date and dragging this on. I'm losing $900 a month and they are laughing about it. I guess they have made a career at doing this. I just want to know if I do shut their stuff off and or move them out and they call the police, will I go to jail? Thank you. I love your site. I will tell everyone I know about it!
Thank you so much!

Dwight J.

A: Thanx for enjoying the site. Now, if you tell us your brand of cigarettes, maybe one of our members will bring you some when you're inside.

Seriously, what you're suggesting is called "constructive eviction". It's illegal and really can land you in jail.

Dear Mr. Reno:
I have been a landlord for 20 years now and have become quite handy fixing broken things around apartments.. question can I legally fix garbage disposals change light fixtures fix leaky plumbing or do I have to be an electrician and a plumber with a license?

Carl O., Mass.

A: If you're the record owner, you can do it. If it's in another name, NOT!

Published 2012-03-29

Dear Mr. Reno:
I have an uncle who has been living in my grandma's home for years and has harassed the family for years as well. He has NEVER paid rent or contributed to the household income. He moved out of the home about a month ago with his family and has only returned on occasion to use the washer machine. We don't want to evict him because we are going through multiple court cases caused by him. My question is can we change the locks?

Melissa, CA

A: Yes you can change the locks, but I'm basing this on your statement "he moved out about a month ago." wait the month and then Home Depot.

Dear Mr. Reno:
Hi, I am going to court to evict a tenant for non-payment of rent (now 3 month behind) - they want to give me $1000 towards the rent, which makes them think we do not have to go to court because they are trying. Can I take the money and still evict them, also their lease is up soon and I am not renewing it due to the excessive damage they cause to the appartment. Thank you for your time

Kathy, NJ

A: You can take it and still go to court. They sound like they want to try to catch up. Give them a chance. Work out a schedule; if they don't stick to it, out they go.

Dear Mr. Reno:
I evicted a tenant and received a judgement for the unpaid rent in the amount of $1,300.00. I was informed that I can file an Abstract Judgement against the tenant for a $5.00 fee. A Civil Clerk at the Court were I filed the eviction explained that all this will do is flag the tenants credit and if they attempt to purchase a car or a home, they will not be able to do so until I am paid the money owed to me. Unfortunately, the Clerk did not know where to refer me nor did she know the answer to the following questions.

What do I have to do to enforce payment on this Judgement? Do I absolutely have to hire an attorney to move forward or can I attempt to find the proper forms at the County Law Library and file myself? What is it that I will be filing? Can the tenants employment earnings and or income tax check be garnished to pay me? I am trying to figure out if it is an expensive process and if it is worth pursuing. I also would like your opinion on the landlords success in collecting the money owed to them from an eviction Judgement.
Thank you for your help and attention.
Sincerely,

C. Guerra, San Antonio, TX

A: It's not very expensive. Do you know the employer? If so, get the forms from the sheriff. In my area, they do the garnishment. Other places, it's a Marshall. It's a lot of paper work, but you can do it.

Dear Mr. Reno:
I own a condo in Florida (Pinnellas County), It is presently rented and the lease does not expire until 12/31/12. My problem is, that I'm in the process of selling the condo, if the condo is sold prior to the end of the lease and the tenant's don't want to move what options do I have.

Dennis Swain, New York

A: That's fine as long as your buyer agrees to accept your tenant and honor the lease. Otherwise, there's no deal.

Published 2012-03-28

Dear Mr. Reno:
I need to bring a tenant to court for non-payment, (Schenectady County, New York), I know there are 3 steps to take, a 3 day notice which I have served, and then the request for a court hearing, and the paper that the process server serves.

Are there forms that I can get to fill in the information on the last 2 items? Does the court require a specific form? Manually filling out the pre-printed form has been a great stumbling block in proceeding with this work, and if there was a form which could be used and filled out via the computer and then printed and submitted, it would be a tremendous help.
Thank you very much,

Margaret B., NY

A: Try the courthouse. If you can get it there, that's getting it "from the horse's mouth". If not, check The LPA's Essential Forms or a legal stationary? (Do they still have them?)

Dear Mr. Reno:
I had to beg and track down my Tenant every month to get the rent, finally got the rent for February the last day of February so on March 5th, when I did not have the rent, I gave them a 10 day demand letter to pay up or get out. On the March 16th, I rode by and noticed they were moving stuff out of the house. So I gave them the weekend to finish and I went back on Monday the 19th. There was ‘trash’ all over the place but it appeared their personal belongings were gone. Do I have to do anything or can I go ahead and change the locks and start cleaning it up for another tenant?

Leslie Barbee, North Carolina

A: You're cleared for take off.

Dear Mr. Reno:
I am the landlord and i lost the original signed copy of the one year lease of my cottage. I have payment stubs dating back to may 22, 2011 when we rented our cottage. May 2012 is quickly approaching and we want our tenants to leave. In the absence of the original lease can we resort to month to month lease and give them a 30 day notice and ask them to leave?
Thanky you,

Scott L., Sacramento, CA

A: This case will take some twist and turns that I can't predict because I don't know how your tenants will play it. But you have to start somewhere, give 30 days notice "the lease will not be renewed so please vacate" and keep me posted.

Dear Mr. Reno:
My husband and i are separated. He has a couple (borders) living with him in Florida at our house. One of them took his car without permission. She went to jail for a week and then was at the house again. They do not have any contract written up and have been there a month. Some of her mail got forwarded there. They have paid him cash. He filed a report about the car and she was not supposed to come back into house.

How can he legally evict her immediately. It was my car she stole. I own half the house. I am afraid what else she might do. She is on drugs and irrational.
Thank you,

Cheryl S.

A: The only one who can legally evict you immediately is a Family Court judge with a "keep away" order- but they're not related. The police can also do it, but he went to the police& they were no help. That leaves eviction court. Sorry.

Dear Mr. Reno:
I'm a tenant in a 2 family house in Long Island. I live on the second floor and my landlord lives on the first floor - we only share the front door. My boyfriend is planning to come to New York for two months and during that time, and I'd like him to stay with me. I also plan on giving him a set of keys. I do not consider him a subletter nor does he have plans on staying permanently. Is it my right as a tenant to have a guest for 2 months and give him keys? Do I have to tell my landlord, give her notice, and does she have the ability to kick him out or increase my rent?
Thanks,

Kelly, Nassau County, N.Y.

A: This sounds like trouble. You can have all the guests you want, but your landlord can also give you a 30 day notice or not renew your lease, so you better run this by them.

Dear Mr. Reno:
Hi, my name is Sanjay and I live in Northern California. I signed a two year lease with my tenant and due to his bad credit history I asked him to pay first month, last month, and deposit. He has been very late on his payments for the past few months. In addition to that he has not paid the water bill since Nov 2011. Can I evict him for failure to pay rent on time and/or not keeping up with the utilities (they can put a lien on the property)? Since he has paid last month rent up front do I have to wait until that rent is used up for the month not paid? If I eventually evict him will he be responsible for the remainder of the two year lease until I find a new tenant?
Thank you,

Sanjay, CA

A: It's worth a try. The only drawback is that he may catch up and get your proceeding dismissed, but that's not necessarily a horrible result. but that's not necessarily a horrible result. If he doesn't catch up and you evict, then yes, you can hold him liable for the lease, but only up until you rerent.

Published 2012-03-27

Dear Mr. Reno:
We live in Three Rivers, CA and have a verbal agreement with our current tennant who rents a room monthly from us. However she also takes a medication that keeps her what would count as "normal" last month we noticed she had stopped taking them because she was getting verbally agressive and psychotic. Apparently around town she had been looking for a new place to stay and also told my mom that she was planning on leaving and having her things out of here within the first week of March. I'm home a lot and she always came when my mom is gone at work, when she did some she was verbally aggressive with me and I always felt very frightened when she was at the house. She showed up one day and threw things in her room breaking items and putting a hole in the wall because she thought we stole her phone when she's really misplaced it, she was later in the week taken away by the deputy for a 51 50. With that she didn't pay rent and just today she showed back up (after being in the rehab place or wherever she was) at the house only to get some things and left again. I was wondering if we can pack up her things and put them outside in storage? Thank you for your time.

Alexandra, CA

A: That's risky Alex . She's not out - so you can't go in. You already know she's a paranoid nutcase. You think she won't accuse you of stealing her valuables? Wait till she's had no overnights for 60 days.

Dear Mr. Reno:
I sold land to a married couple , the wife died and the husband has a conservator, The land they purchased there son has been living in it for 8 years now and the payments are never paid on time . the son has never paid on the land contract until June of 2011 . This is not a rent situation, There is no house insurance on the property and the land taxed are delinquent even the conservator don’t paid on time . as of right now after I serviced another paper on the conservator they are still one month behind on payment as of now they were 3 month behind until yesterday. The conservator said if the son don’t get the money to me I will sign the contract back over to you on April 30 2012. and then its my responsibility to get the son out . I don’t believe this is right shouldn't it be there responsibility to get him out be for I sign to take it back? and why would it take a eviction to get him out when he is not nothing to the contract .
Thank you

Pamela , Michigan

A: Well you're out of my area there Pam, but off hand I'd say it is their responsibility, but if you're going to wait for them to evict him you'll be waiting forever. Take the property back and evict him, take your lumps and move on.

Dear Mr. Reno:
Can I have a tenant sent to a collection service, if I have tried to serve them court papers for skipping out on the lease and I have not been able to serve at the new or old address? We are in the state of Arizona and I have been told that I must serve the tenant even if I don't have a forwarding address. I must hire a service to serve them at the last known address on file.
Thank you

Prescott, Az

A: What was the question?

Dear Mr. Reno:
I have a tenant who owes for back rent and past due sewage charges which have been forwarded to me from a colection agency as I am the property owner. She filed for Chapter 7 Bankruptcy and the court granted her a discharge on 2/7/12. She has not paid me anything since October 2011. I've been told that I cannot contact her with regards to collecting debts and I cannot evict her. As a landlord, what are my options? Apparently, she is under the impression she does not have to pay me anything forever.

Bob, Pittsburgh, PA

A: I thought if she got a "discharge", then the case is over and the stay is lifted. I say, go for it.

Dear Mr. Reno:
Hi, I have a 3 year lease on my home and now I need to move back for my kids. My husband at the time signed the lease agreement, but I did not. I got the home in the divorce. The tenants agreed to paying the HOA fees every year which is stated in the lease. The fees are due by Feb. every year, which they are aware of. The problem is that it does not say on the lease when they have to pay it, so they want to make payments through the course of the year, even though they know that is not what we had discussed! Would this be enough to evict? I also get letters monthly that say they are delinquent on their water and trash bills.

Pam

A: I agree that they should be paying the fees when due, but I doubt you'll get an eviction on that. Sorry. You could try it. All you'll probably accomplish is getting the fees on time.

Published 2012-03-26

Dear Mr. Reno:
We have a tenant who, per the lease, was to turn on all utilities in their name. The water account was originally in our name so there was running water during the initial rehab of the home. The tenant never switched the account to their name and the person in our office who handles the utilities, did not turn the water off when the tenants moved in. We contacted the tenant several times to remind them to switch the account over. They have fallen severely behind in their rent and when we served them a 3 Day Pay or Quit notice two weeks ago, we entered into a payment arrangement. We agreed to keep the water in our name until April, during the duration of the payment arrangement, so that it was financially easier for them to make the payments to our office for the rent owed and once they were caught up they would reimburse us for any water bills that have accrued. They have not honored the payment arrangement and we are serving them a new 3 Day Pay or Quit notice. Do we have to honor our agreement to keep the water in our name until April even though they have not honored their agreement?

Stephanie, California

A: I see your point, however, the courts really frown upon landlords that turn off people's water under any circumstances. So even though you may be justified, I think that would be a mistake.

Dear Mr. Reno:
Good afternoon sir. My grandmother passed away in December, her house is for sale, my father, sister & I are listed on the deed. Went to the house today & there are 7 different families living in the house who claim that they leased the rooms from a woman on craigs list – but cannot provide copies of leases. I am not sure that I believe their story & to top it off, my neighbor said they moved in on March 9th at 4 o’clock in the morning – which leaves me more suspicious.

What are my rights? I want these people out of my grandmothers house ASAP. Cops said it is a civil matter, went to the courts, the highest judge there said it is a criminal matter, I called the commanding officer of the precinct & he says it’s a civil matter – I am being lead in a vicious circle & I just want these people out. What can I do? Please help!

Amy B.

A: If the cops wont act, rightly or wrongly, that makes it civil. You need someone appointed to handle the estate 1st. Then that person serves a 30 day.

Dear Mr. Reno:
Defendant failed to comply to agreement to Stipulation for entry of Judgment ( Unlawful Detainer ) What papers do I file with the court along whit the writ? Thank you

Kathy Thomas, Riverside, CA

A: Sorry, that's a local thing. You have to talk to the Court clerk.

Dear Mr. Reno:
I am buying a Triplex along with my oldest son. The previous owner ask the tenants in the two occupied units to buy out their leases one tenant agreed the other refused. The one whom refused gets a nice 2 bedroom unit for ONLY 450.00 a month because the previous owner agreed to that low rent for that tenant fix any maintain ace problems in the building. Well I cannot afford that low rent for one but that man is a heavy drinker and smokes like a chimney in the apartment. When hes drinking he is a pushing nosey old man. I paid to much money to have to live with someone I cannot be around. Please help me I cannot have him there till June 2013 that's way too long to live with a drunken creep. Just got a divorce from 1 a-hole ....:( My e-mail address is sodaymust1@aol.com Thank you

Alicen, Anchorage, Alaska

A: That's part of the deal! He came with the building and you knew it. No point whining about it now.

Published 2012-03-25

Dear Mr. Reno:
I have a home I rented to a single female officer an she's leaving this sat. Being transfered from one base to another in Nevada. No notice I have damages an owed aprox. 2000.00 . What should I do ? Is there standards an officer has to follow and can I do anything besides a lawsuit? She's active duty

Everett

A: I have heard that if you got a judgment against a military person, the military mandates that they pay it, but you still have to start in small claims court.

Dear Mr. Reno:
I bought a house in foreclosure and there was a piano in it. I told the former owner he could have it but told him he had 30 days to get it out. 4 months later he entered the house with out permission and took the piano. I feel the piano was stolen by him. Do i have a claim to get piano back?

Ryan Regan, calif.

A: Oh come on! You were going to let him have it anyway! Life's too short!

Dear Mr. Reno:
Client’s adult son has lived in family home since birth. Left for a few months several years ago, but returned and has lived there continuously since them. Client (mother) wants to evict him in order to sell house. He refuses to leave voluntarily. No written lease. He doesn’t pay mortgage, but does pay utilities and some repairs. Has verbally threatened her, no physical violence. Is he a licensee? Tenant at will? Ten day notice v. thirty? I would appreciate your input.
Thank you.

Denise, Central Islip, New York

A: Here we go again. Mom needs to evict son. There's a special place in Hell for these dirt bags. He is in New York a "Tenant at Sufferage" (allowed to stay, but no more). Statute requires 30 day notice.

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