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 2012-03-19

Dear Mr. Reno:
We just recently purchased a home in which the previous home owner had a tenant renting out the house under Section 8 (low income housing) whose contract does not end until May. Can we legally evict the tenant since the contract was not originally with us? Or do we have to wait until her lease ends in May ?
Thanks

Ibet Garibay, Los Angeles, California

A: Yes, "The waiting is the hardest part." You are a "successor landlord" bound by your predecessor's contract.

Dear Mr. Reno:
I am a landlord with first floor tenants in my two family home. they have not paid rent since nov 2011 because of reported needed repairs in the home. they reported to hpd numerous times and i was ordered to have minor repairs done for jan 11 2012. these tenants have been denying access since their initial complaints and also the day of court ordered access. they also re reported the same complaints to hpd the day they denied access. They are harrassing my tenants above them and are basically squatting, living rent free and running up my utilities. Please, i feel so hopeless and lost. These people are a nightmare and i don't know what to do quick enough to evict them. their lease is up in april of 2012. I feel as though they are sabotaging my rental property! PLEASE HELP

Dawn Y.

A: I don't get it. You said you're in Court. The tenants are going to have to justify all the repair they used to offset the rent. If they can't, they'll be evicted. What's the problem?

Dear Mr. Reno:
I have a duplex and 1 household constantly complains that the other household is smoking marijuana and this is known because the smell leaks into the other household. We have given 3 verbal warnings and have recently left a letter to cease and desist this activity.
There is currently a year lease with 2 of the offending tenants but we just found out there are two other tenants living in the offending household that are not on the lease. Can we evict the 2 tenants not on lease and can we evict the tenants who are on the lease and continue with the illegal activity?
Thank you,

David G, WA

A: This is the reason you should never give a lease for more than one year. To evict for the pot (we call it an eviction "for cause") is one of the hardest types of evictions. They'll deny it, say they quit, blame others, etc. Hard to prove. The best you can probably do is tell them if it doesn't stop, their lease wont be renewed.

Published 2012-03-18

Dear Mr. Reno:
My question is this, I am thinking about doing a Rent to Buy on my house with a potential renter. Getting a 8000$ down payment and giving the Renter a certain amount of time to get financed. If they fail to get financed them we would offer to do the same terms again , but what if they Refuse to make payments, can I evict them like a normal renter? Or do they get 12 months to get out if they start making payments or something like that? Basically my worry is they squat in the house and I can't get them out !
Thanks much!

Shawn in Indy

A: This can be risky. If things go sour, it gets complicated. Use an attorney to make sure your agreement will let you evict.

Dear Mr. Reno:
My tenants were late last month on rent but paid it on the 6th days. My tenants are late on the rent AGAIN. I gave them a 5 day notice with late fees applied however they still have not submitted payment and now they are 11days late what is the next step? Can I send them a 30days eviction notice?

Anyuris S., Virginia Beach

A: In most places, you don't have to give a 30 day Notice for a non-payment eviction. Lately, we're having some problems on Long Island where some judges are requiring all month to month tenants get a 30 day Notice, but that's still not the general rule.

Dear Mr. Reno:
My tenants were late last month on rent but paid it on the 6th days. My tenants are late on the rent AGAIN. I gave them a 5 day notice with late fees applied however they still have not submitted payment and now they are 11days late what is the next step? Can I send them a 30days eviction notice?

Anyuris Santos , Virginia Beach

A: In most places, you don't have to give a 30 day Notice for a non-payment eviction. Lately, we're having some problems on Long Island where some judges are requiring all month to month tenants get a 20 day Notice, but that's still not the general rule.

Dear Mr. Reno:
Do we need an eviction order if tenant (brother) has no lease. The trailer is in Sherburne, NY.
Thank you for your time and advice.
Respectfully,

Lynne B., NY

A: Yes. (Sorry.)

Dear Mr. Reno:
I hope you are doing better then me... I had a few questions:
1) The tenant on the lease moved out and the father became the tenant and I made him sign a statement to be responsible for his son's overdue rent is this legally binding and would it work in court?
Can I sue the son and the father to recover the 6 month worth of unpaid rent and any cleaning and repair fees that I may incur?
2) Seems the tenants have moved out w/out notice can I enter the premise??... They never informed me and I been trying to contact them and stopping by for 2 weeks to no avail? What is correct way of entering the premise do I need to go to housing court to get a eviction notice? or call the police? What can I do legally?
Thanks for helping the public with all tenant headaches!

Tony from NYC

A: 1. The agreement is binding if it covers the essentials - So I hope you did.
2. Sue the bastards.
3. If they're out - go in. You can go thru housing court to be REALLY safe but it's NYC Do you want to be in court 6 months?

Published 2012-03-16

Dear Mr. Reno:
At the end of 2011 our commercial tenant stopped operating his business with 13 months remaining on his lease (whichh olds him personally responsible). He hasn't paid rent for 3 months although we continue to bill him via certified mail. We have 1 month security deposit. Some of his furnishings and business records remain in the space. I informed him that I have found a replacement tenant who wants to move in March 1 but he has not responded. What can I do?

VML, Suffolk County, New York

A: You're in a grey area. Is he out or not? You should call me (667-RENO)

Dear Mr. Reno:
In Illinois, I am SELLING mobile homes to people through seller financing or a note and security agreement.
They give a downpayment and make monthly payments to me "the bank". They are the owners and I am a lienholder on the title. I understand the steps to repossessing the title in Illinois - but what steps do I follow if they return the Affidavit of Defense to me and REFUSE to leave the mobile home after all proper written notices are received.
Do I follow standard Illinois Eviction procedures for landlord/tenants?

Stacie, IL

A: Bingo!

Dear Mr. Reno:
My father-in-law passed away last year. My mother-in-law wants to evict my father-in-law's tenants but her name isn't on the house. Lease has been up for 4 months already. What can be done to evict the tenants? Who has the right to kick them out?

Bianca, Sacramento, Ca

A: Someone has to be appointed as the Executor or Administrator otherwise, M-N-L can try it, it may work, but if challenged, the eviction may get tossed.

Published 2012-03-15

Dear Mr. Reno:
I am a landlord in the city of Oakland, CA which does have rent control. My tenant recently gave me 30 days written notice that she was leaving. I found a new tenant who has signed the lease and provided a security check and has to move in on the 1st. Now my original tenant wants to stay because the reason she was moving out fell through. What are her rights to stay and what are my rights as the landlord to make her leave?
Thank you so much if you can help me with this issue.

Katie A., California

A: That's a bummer but you're going to have to disappoint new tenant. Then you can either resign old tenant to new lease or new tenant can "stand by" and wait- but they'll probably want their money back and you'll have to return it for now. If old tenant lingers on without paying rent, you have to do a non-payment eviction ASAP.

Dear Mr. Reno:
Ok, I’ve decided to Short Sale my house with the tenants able to complete their lease until 02/01/2013 with the new investment buyer. We are 2 months into the short sale with bank approval coming soon. I temporarily lowered the rent from $1350.00 to $1,000 so the tenant will cooperate with our realtor to show the house during this period. I started the lower rents starting December 2011.

They have paid me in $500.00 increments for December (Paid 1/18/12 & 1/31/12) They still didn’t pay the $50.00 late fee for December and now owe for January 2012 and February 2012. They wrote a postdated check for $1000.00 that bounced for January. Now I plan on serving a 3 day notice but don’t know if I should now null and void the temporary rent reduction in the rents due on the 3 day notice.

What should I do?

3 Day Notice or Quit with the following:
$1000 January
$1000 February

Or

3 Day Notice or Quit with the following:
$1450 January
$1450 February

Thank You

Sheryl, CA

A: You said you lowered the rent. What can I tell you?

Dear Mr. Reno:
My name is Sharon Seiden and I own a home in California. I let someone stay in my home rent free for a short period of time. Due to their constant use of alcohol I asked her to leave and she left, but left behind the majority of her property, -eg: clothes, toiletry, and some paperwork. I put her property in a storage unit and advised her to pick them up ASAP. It has been almost 3 weeks and I have not heard from her. It seems she basically abandoned her property. What are my legal obligations in this situation? May I dispose of their property?
Thank you.

Sharon Seiden , CA

A: Wait until 3/31/12. Then, dumpster.

Dear Mr. Reno:
My brother and his wife bought a co-op in new York, queens less than 2 years ago. do to the family difficulties my brother and his wife doesn’t live there anymore and my parents moved in. the board and management are suing them for braking an agreement, stating that primary residents needs to reside in the unit before subleasing. My brother is not subleasing it. It clearly states in the documents that parents, children, brother’s sisters etc can live in the residence. Please advice.

Nektalova Oksana

A: It sounds to me like you answered your own question, no?

Dear Mr. Reno:
My 31 year old son, his wife and her daughter were thrown out of my ex husbands house so I had a house and i let them stay. They said they would pay 300. A month.

They are 5 months behind. Sent numerous texts and emails stating for months, exactly when they were moving out and paying me. Finally after 5 months I pit their stuff in the back yard and changed locks. I had things in my house, lots of dishes and toiletries and furniture. It was NOT a rent house. No rental agreement.

They asked to borrow my truck after I told them their stuff was out. They didn't pay electricity and it was shut off so they and their kid and their dog moved out. They said they would be getting their stuff on the weekend and wanted help so I bagged their stuff and put it out.

They came 3 days layer with a uhaul and said they were filing charges against me for not evicting them properly. Up until that night, I didn't know that I HAD to because they were working on getting a truck to move and they said it in several texts.
What can they do to me.
I didn't act as a landlord, I acted as a parent. Now they are threatening me

Cathy Wright, Texas

A: Another relative disaster. This is so sad. Probably, they're just bluffing. I doubt they'll hire a lawyer to sue you.
Maybe small claims court. They may get a judgment against you for two or three thousand. You can't bag people's things and "put it out" as you say. Sorry.

Published 2012-03-14

Dear Mr. Reno:
As a landlord I have tried since Sept. 2011 to collect rent or just speak with the tenants about paying or moving. I have sent out my eviction papers. They slipped a hot check under my office door after hours. My question is can I legally remove the doors to the house, to see if that may get them to leave?

Mark in Tennessee

A: Yes you can! (Especially if you want to be arrested!)

Dear Mr. Reno:
We have an apartment to rent in Pensacola, FL to the tenant under 1 year lease. She is only living there for 6 months, but we got a complaint from the neighbor about the heavy traffic that the renter has which might indicate that she and her bf are involved in drug activity; also a month ago, there was a shooting happened right in front of that unit. I want to file an eviction, but I don't know if I will be in trouble to do that because she is on time for her rent. Thank you for your help!

Lynn, Escambia County Florida

A: YOU WILL LOSE. (No proof.)

Dear Mr. Reno:
Our tenants gave us notice that they were moving after 3 yrs. before moving they were asked to clean the carpets, and repaint the walls that they painted, (in the lease it said they have to ask) they never did, and when hubby went to house to check on the filters he noticed the walls were all painted a high gloss mustard orange/yellow finish. he told them that they were not to paint them, and would have to repaint when they move. her comment at that time was she was learning to become a professional interior designer. Ha!

well they moved this month, never painted, and her answer to me was it looks better now then it did!! the whole house was freshly painted when them moved in. I told her to look at her lease!!

then there were bleach stains on the living room carpet (house is only 6 yrs old,) they are only the second person to live in it. I checked on prices for carpeting, and when they heard that we were going to replace the carpet, the husband called and screamed saying that it should be prorated!!! What? I have to replace because of the bright red stains, and large 2 ft bleach stain in the middle of the carpet. so we got prices and one was over 600 and another 350. and the security deposit will not cover all the re painting and busting of the fridge and carpets.

I live in NC and have done everything by the book. My question is do I have to prorate the carpet and refrigerator parts? they used a knife to chop at some ice and damaged the ice maker, the parts are very expensive. we may have to eat this cost, or send them a bill for the balance? thanks for your help!

Pat Cable, NC

A: Usually any out of pocket expense that you can prove you used to restore the premises are recoverable. But I recently saw a judge in small claims deny a rug replacement presumable because Landlord couldn't convince him the rug needed replacing. So there's no guarantee you'll get it all, but usually, receipts are enough.

Dear Mr. Reno:
I have a place I rent in suffolk.county ny. My tenant is on a month to month and is refusing to move or pay rent going on two months what should be my first step to evicted

Amarea, NY

A: It's complicated. The different townships have different rules. Give me a call 667-RENO.

Published 2012-03-13

Dear Mr. Reno:
I have a tenant on a 2 year lease. Standard residential lease with 5 day grace period ($100 late fee thereafter). Tenant requests to deposit rent himself which I was ok with. 4th month he was late, excuse was he was out of town and got hostile on the phone but paid w/ late fee. It's month 5 now and late again. Served him 5 day pay or quit notice in person and certified mail. Today as I write this is day 5 and no rent or response. Can I evict now since he has breached lease and not responded after day 5? Let me know, thanks!

Arvid

A: You are cleared for take off!

Dear Mr. Reno:
I am a landlord in maine and my tenants have not paid the rent. He is out of state for two months working and she left too she's been gone for Weeks. Can I serve them a notice while they are gone or do I have to wait two months til they come back?
Thank you,

Nichole, Maine

A: Most courts allow you to attach it to the front door- but this is tricky. You can serve the notice certified mail and attach it, but when it comes to court papers, you need to hire a professional process server for your Jet-Set tenants.

Dear Mr. Reno:
Can a tenant sue me if a property they are renting is foreclosed on if I am not the one on the loan? He's threatening to sue me for fraud. The lease is in my name only. I am on title but not on the loan. My husband is on the title and the loan. My husband just learned there is a foreclosure date at the end of march (he had been attempting to do a loan modification). The tenant is refusing to pay his march rent. I've already sent the pay or quit notice to him and if he doesn't pay by saturday I will file an unlawful detainer in court. What are my rights and what are his?

Marie, Fairfax VA

A: You're still the owner and can do your eviction right up until the foreclosure sale, then, no more. Don't worry about the fraud suit. It's bogus.

Published 2012-03-12

Dear Mr. Reno:
I have a tenant without a written rental agreement who has moved his girlfriend in with him. I don't want her staying there whilst he's away working and I'm wondering what options I have under the law forbiddding her to be in the property when my tenant is absent.
Many thanks,

Kevin, NV

A: If you think you can tell your tenant he can't have a girlfriend, you've got a lot to learn. Sometimes you can get them on a lease violation, but it's problematic, Trust me.

Dear Mr. Reno:
I live in Ca, so maybe the laws are different but we got a notice to vacate our property and we feel it's under false pretenses! We are ideal tenants and are never even home so I am actually at a loss for words. I know it's the owners property and since we are now on a month to month lease from being on a year lease and living in the unit for almost 4 years we have made it our home and would hate to just get up rooted. So if there is any advice you have our if you have any colleagues in the orange county ca area we would greatly appreciate your assistance! It just doesn't seem fair that we can't fight this and just have to leave!. Please help!
Thank you,

Joey Bliss, CA

A: I really wish I had an answer, but I don't. Unless you're claiming racial discrimination or something like that, how would you fight it? You can insist that the landlord follow the procedures and go through the legal process, but that's about it.

Dear Mr. Reno:
My sister has a tenant downstairs of a 2 level house. She is processing to evict the tenant for causing a lot of troubles and not paying the rent. Tenant has been there for 9 years already.
It is not a legal renting apartment. How badly it will be if my sister proceeds with eviction and court finds out its illegal apartment?
Will she pay fine for all those 9 years the tenant was living there?
thank you sir.

Kim, NY

A: Go forward, can't worry about illegal apt. right now. Deal with the aftermath later, and no, you wont be fined for 9 years.

Dear Mr. Reno:
Our tenant was paying rent through direct deposit from his pay into our checking acct. Last week.....no direct deposit. No answers to phone calls, so we made a trip to the property to find it horribly trashed, garbage completely covered porch (and has been shredded by local vermin), house wide open, filthy, many belongings still there (dishes in cupboards, clothes in dryer, some furniture), but many obviously gone (TV, stove, etc.) So far we've had no luck finding them, even trying to "stake out" the house at odd hours. How can we serve eviction papers if we can't find them? Electric service still in their name, but due to terminate this month for nonpayment. Mail still being delivered to that rural mailbox. We're anxious to get in there and clean up the filth, but when can we legally do that?

C. Middendorf, Bradford County, PA

A: You're in a big fat grey area. They're kinda gone, but not completely. You're taking a chance going in there.
You can do the eviction w/o finding them. That's not the problem,- you serve the house. You could also wait until the lights are out, because that means they're out.

Dear Mr. Reno:
I have a tenant who signed a 2 yr lease with a $50 a month concession for doing so. 14 months into the lease she told me she was leaving. I told her she is responsible for the lease, but would consider letting her out if I found a good tenant.
She took it upon herself to hand over her keys to my neighbor and sent me an email that i can keep her deposit. We have been unable to rent it from October to Feb. Is she still liable? I was told in AZ a tenant can turn over keys and the lease terminates.

Teresa, AZ

A: If that's a special AZ law, I never heard of it. As far as I know the tenant's still liable as long as it's vacant. Can the people who told you about that law give you a citation or section of AZ law?

Published 2012-03-11

Dear Mr. Reno:
I hold a mortgage on a home in Belleview Fl. And the people moved out The house now is sitting empty what can I do. Can I put the house up for sale again after I fix it up. Thank you.

Brent, FL

A: You're the bank. You have to foreclose before you can sell it.

Dear Mr. Reno:
How must the 30 day notice be delivered to stand up in the court of law for a month to month lease? (I live in the same building and so does my boyfriend.) If the first attempt has to be personally delivered, can I do it or my boyfriend? I am ending the tenancy (holdover). Do I need to use a B307?
Thank you!

Jennifer, Brooklyn, New York

A: There's a difference of opinion on this, but the safe way is to serve it like a summons would be served, which means not by the landlord- someone else (boyfriend is fine) and if personal delivery is not possible, there's other methods such as two attempts, then attach to the door and certified mail.

Dear Mr. Reno:
I live in Pennsylvania I have a tenant who refuses to pay her utilities. She is letting the garbage pile up inside and outside the house. I have received a complain about the garbage. (This house is right on main st. of Emlenton). I want to evict her before the utilities get turned off and I have a big bill. What are my righs? This has been going on since last Sept. 2011
Thanks

Patti M., PA

A: Serve a 30 day notice to vacate. But if there's a lease, you'll have to wait for it to expire. You can't break a lease for sloppiness and probably not for utilities either. Sorry.

Published 2012-03-09

Dear Mr. Reno:
Hi, I've been renting to the tenants who aren't illegalized for about a year base on a month to month rent. Didn't req. them a deposit and even then they have been late many times in their payments. Their was an occasions when the tenant came to my home where I live and ask if she could pay half of the rent the 1st when its normally due and the other half in the middle of the month. Of course my respond was NO, so she made a huge scene started to yell and use profanity. Three months later I have saved up some money to re-model the kitchen for example the floors, cabinets, walls so I gave them a 30 day notice. Due they have young children and don't want them to get hurt while the construction is going on. My question is do I need to give them a letter as to why I'm evicting them?
Thank you

A.Perez, CA

A: If you definitely want them out, no matter what, giving an explanation only causes trouble. They're month to month, you gave 30 days notice, go ahead with your eviction.

Dear Mr. Reno:
My mother lives in Ohio and rents a house. Her landlord has given her notice to vacate the premises within 14 days due to violation of the lease. She refused to given him a copy of the key to the house. She had the lock changed because the old one was damaged. She had asked him to repair the leaking roof, but it still leaks and is still leaking.

My mother is in early stages of dementia/alzheimer's. She is 77 year-old widow. She's unreasonable and will not let any of her children even enter the premises to remove all of her "hoarding" items that are in this home. I am her daughter. I wanted to know if me and my siblings receive permission from the landlord to enter the premises WITHOUT my mother's permission, are we in violation of the "trespassing" if we do indeed enter the premises without her permission, even though the landlord is the owner of the home/property? Since my mother's property is in the home, that is considered her personal property, so therefore it appears it would be trespassing.
Thank you for your assistance.

Karolyn L, OH

A: What's the plan? You're going to barge in, and start hauling off items, while she yells and screams for you to get out? Even if you have the landlord's permission, it's still technically her home. If the cops come, they'll probably ask you to leave. I strongly doubt there would be any criminal repercussions, I just don't know how far you'll get. Good Luck.

Dear Mr. Reno:
I am leasing an apartment and I rented a room to a girl verbally month to month. she was paying 450$ every mouth until the apart was in foreclosure than she refuses to pay nor leave, knowing that the bank will evacuate me and offered me cash for keys since am the one on the lease I want her to move so I can clean the apt and leave it the bank so they can help me move out how can get her out of the apt?

Hind, Orlandlo, FL

A: Even thought the apartment is in foreclosure, you still rented her the room, ergo, you are her landlord and you can give her a notice to vacate and evict her like any other landlord.

Published 2012-03-08

Dear Mr. Reno:
I have a tenant living in my renthouse for the past year and a half. He started with a one year lease, which expired and was not continued. Although his lease specified an amount to be paid monthly, due to the nature of his work we agreed to let him pay daily totaling the monthly amount paid by the end of the month which included the water - he was supposed to have the electric service changed to his name but never has.

So far he is over 2K short on rent, making promises which he has not kept.
A week ago I gave him a 7-day termination of tenancy. He claims I can't evict him because I am accepting partial payments, and also that he gets a 30-day notice, not 7. How can I get him gone?
Thanks,

Richard S., OK

A: I agree with him. Sorry. Because your arrangement with him is totally weird, it's a big mish-mosh grey area- but off hand, I still think he's a monthly. (Gets 30 days).

Dear Mr. Reno:
My parents own a property in San Leandro, on that property we are renting a live in trailer. The tenant we have there now is a woman with her two children. She has destroyed the trailer and we asked her nicely to move out. She is now 1 week behind her rent and refuses to leave. Her brother soon got in the middle of this and claims we are harrasing his sister. The trailer is not licensed and there is no contract. All we want is for her to leave our property. Can we go to court for this, even though there is no contract or license for the trailer to be there? Hope to hear from you soon!

Erika San Leandro, CA

A: I'm not a trailer expert, but I believe if she's established that as her legal residence, she can't be removed without due process (an eviction) even though there's no contract.

Dear Mr. Reno:
I have a tenant that has violated the non smoking policy of a signed lease. The lease clearly states "absolutely no smoking in the apartment by the tenant or his guests". Do I still have to give him 30 days to vacate? Also if I give him 30 day notice would he have to pay for February month's rent that is due? The tenant's rent is currently paid until January 31. Due to the nature of the violation and the cost of cleaning up the smoke smell and residue would I have to return his security deposit? This is not a case of non payment.
Thank you for your time.

Susan Cratsey, New York

A: It's a little more complicated than that for termination for cause, you need to serve a notice of default with right to cure. READ THE LEASE.

Published 2012-03-06

Dear Mr. Reno:
I have a month to month verbal agreement. I have heard that I must serve the 30 day notice on or before the first of the month otherwise I must wait until next month. Is this true?
Thank you

Christian, Long Island, NY

A: Yes! You just missed it! (By the way, it's only the 1st if that's when the rent is due. If they pay on the 15th, serve before the 15th, etc.)

Dear Mr. Reno:
I owe 2 years back tax on my house, located in Tampa Florida. As I am unable to pay the taxes, over $8000, and I intend to foreclose in the house, can I be evicted by the state due to back taxes before the Bank evicts me due to Non-payment/ Foreclosure?
I have not been able to pay mortgage for over 2 years either.
Regards,

Worried-father-with-low-paying-job, Tampa, FL

A: I've never seen a state act that fast to beat out the bank foreclosure, which can be slow, but not that slow. I'm sure its happened, but I've never seen it.

Dear Mr. Reno:
My mother passed away two years ago and the house is in a revocable trust. There was never a probate and the bank has done nothing to foreclose or send any letters asking for payment. This has been my residence since 2001. Living here, I have been paying all the utilities and all upkeep on the house i.e. Installing new appliances, cabinets, windows and doors, hot water heaters and furnaces. I gave all my information to the bank when my mother passed about trying to have the loan turned over to my name but they have never gotten back to me. On top of all this, the tenants whom have been living here (my sister's EX husband who I let move in under her pressuring me into doing so about 3 months ago) have been real difficult with me trying to get them out. Do I have legal standing to go through an eviction process or do I have to suffer through this until the bank makes up it's mind. What am I to do?

Jason, New Hampshire

A: The only person with "legal standing" is the Trustee named in the Trust. Is it you? If so, you can evict the EX. If its someone else, time to pick up the phone.

Dear Mr. Reno:
I am in Ca and would like to ask you for :
What to do as our tenant lease agreement has expired but he refused to move out?
He said he won't accept our new rent which is too high for him and he keeps paying old rental for a month now ( I gave him a 30 day notice to move out after contract expired in this Feb). He also said we won't qualify to evict him as Ca law protect tenant and we will waste 6 months rental and court fee if go to court.
Need you help asap and Thank you !

PS also have a loan modification question: no hardship and loan is a Chase bank portfolio loan, is there anyway to do modification to reduce interest rate on it ?

Charlie, CA

A: "Ca Law protect tenant?" What does that mean? No evictions in Ca? I don't think so. (That's a no can do on the loan mod.)

Published 2012-03-05

Dear Mr. Reno:
If you receive a 30 day eviction notice on the 2nd of a month, do u have to pay that months rent? Our landlord evicted us, an he evicted us on the 3rd of March and he wants Marchs rent. Can u help me ?

Cynthia, Mississippi

A: He wanted you out in 30 days, so that's when you can stop paying.

Published 2012-03-04

Dear Mr. Reno:
The question is regarding the property located in Oceanside. I am looking for the advice and preparation of a complaint letter for small court ( Hemstead Court) I am landlord. Tenants lease was expired Oct 15 The new lease extension was sent in Aug 20 .

They left in Nov 15.The last rent payment received in September 15 2011. Got them security deposit for 1,5 month .( 4 years ago) Tenants refused for an inspection and left a lot of damage of my condo. (around $ 2000.00). The tenants (after receiving the court notice) trying to sues me . They said they left in Nov 1 St. and asking for 1/2 month deposit. ( the court is March 6 th also) Want to sue them. I get all proving ( pictures, emails, receipts, estimation) Thank you.

Elena, NY

A: You have to file a counterclaim for damages. Your receipts and estimates will offset their claim. File the counterclaim today "I am requesting reimbursement for damages to my rental in the amount of $__________ and rent owed of $______." Good luck.

Dear Mr. Reno:
no lease no nothing just verbal agreement...
gave 30 days to move out notice and on the last day begged to stay for another week and signed a paper saying she would go on Feb. 17th. Or she would be evicted..not paid rent as promised so how do i get her out now without waiting to go to court for the eviction? i should have rights also she lives in our home with us!!!!

Gail, Indiana

A: What's the secret? How do you do it without court? You mean like, change the locks and put her stuff on the lawn? Maybe pay a couple goons to drag her out? What's the plan?

Published 2012-03-03

Dear Mr. Reno:
My Grandparents own an apartment building with another couple. My grandfather always managed the building up until he had a stroke a few months ago. I was asked to take over all aspects of managing the building. I do not have ownership in the building and I do not have any sort of real estate license? Can I legally manage the building?
Thanks,

Mike, Pittsburgh, PA

A: You should go right ahead and help the kin-folk.

Dear Mr. Reno:
I live in a 3 unit building, I rent and been there for 20 years. I just found out in in the beginning of this month (January) that my landlord lost the property. He lost the property in November 2011. He collected rent for December and didn’t notify us that he was no longer appearing as the property owner. When we found out in January that he lost the property, we didn’t pay him rent. The property was taken by the bank and a real estate company was the one that informed me that the property was under the bank.
Our problem now is that the person that was my landlord wants to collect rent, or at least half so he can continue paying his lawyer that are helping him fight to keep the property. That he will appear as owner again in about a month in a half. He claims that if he doesn’t receive any money he can evict us from the apartment.
Can he really evict us? As I understand if he doesn’t appear as owner, he has no rights over the property or to collect money. Can we do something about this? Also, is it possible for him to be the owner again after the bank took the property?
Thank you so much,

Adriana Franco, Los Angeles, California

A: He can collect the rent (& evict) while he's in foreclosure-but once there's a foreclosure sale, he's no longer the owner & can't do anything, so that's the turning point.

Dear Mr. Reno:
I greatly appreciate you taking the time to review and respond to landlord questions! To get to the point, I have a tenant who withheld rent in October and November while I made repairs to her apartment. I expected the full amount to be paid in December, but in both December and January she has only paid one month rent each. Would this be considered habitual lateness since she paid two months after owing two months or can I go ahead and sue for non-payment?
Thank you!
Best,

Elizabeth Maddox, Rahway, NJ

A: You shouldn't have let this go for months. You should tell her first you're doing it, prepare a repayment schedule, (maybe $500 per mo?) & then, if that fails, do the eviction.

Published 2012-03-02

Dear Mr. Reno:
Can a tenant allow someone else to store items - like a boat - on the rental property without the consent of the landloard?

Gloria

A: Yes. (Surprise!) Is it a local ordinance violation? That could be a lease violation.

Dear Mr. Reno:
We live in PA and rented out our primary residence when my husband took a job in Wisconsin. The position was temporary and the company decided not to renew it. He has gotten a new job in NJ and we need to move back. The tenant's lease is up in July. They are upset that we notified them that we are moving back. Our lease says that they waive their right to notice to move out. What does that mean exactly? and can we ask them to move earlier if possible? We are trying to be cooperative; but since addressing in person with them back in Dec and sending them a certified letter stating we were moving back, they are not responding to us.
Just need to know what recourse we have.
thanks!

Rachel V., PA

A: You're going to have to wait. Looks like you're gonna be looking at rentals. Sorry. Also, you better hire someone or they'll be there until Christmas.

Published 2012-03-01

Dear Mr. Reno:
Tenant lease is up on June 30, 2012. They notified me in writing in January that they will not be renewing and expect to move out in June.
Yesterday, I received a call from Tenant that they can pay March 1st Rent, but because husband lost job they do not think they can pay any more rent through end of lease and she isn’t sure what to do. She didn’t want to wait until April rent was due to tell me that they couldn’t pay. (They have paid on time for almost two years). She then she offered to move out earlier if we could find a tenant. I am not sure if they are trying to get out of their lease early or they really can’t pay… either way I am not naive enough to just say okay we’ll find a new tenant.

Question: Do I have the ability to end the lease early and find a new tenant? What other options are available?
Thank you,

Dianne, PA

A: They're trying to give you a "heads up". Don't ignore it. Throw it on Craig's list. If you find someone- you might avoid a vacant unit. If you don't, you'll be no worse off.

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