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 2013-03-25

Dear Mr. Reno:
Currently have several judgments against two tenants. All off them have been recorded with the County. Is it feasible, and what would have to be done, to have the tenant’s wages garnished?

Bill H. in PA

A: Good work Bill.
Every area has its own special process. Out where I am, for $72.50, the County Sheriff handles it. Two counties over, you need to engage a private "Marshall." Start with the County Clerk- they'll direct you.

Published 2013-03-23

Dear Mr. Reno:
I was living in my boyfriend's house and he decided he wanted me out - we agreed on a date (dec 15, 2012). He became angry with me after we made the agreement and decided to pursue eviction (out of anger and meanness, i guess?). (he is an overseas contractor - working abroad).
I moved out on 14 DEC 12 as agreed; ended up with a judgement issued on 27 DEC 12 granting him possession - which he already had for almost 2 weeks. How can I be sued to give something back that I no longer have (that I already gave back)? What can i do about it to have it removed from my record?
Thank you,

Christine

A: I think you're worrying about nothing, Christine. What record? You have a "judgment of possession" record? I don't think so. He asked for possession, you agreed to it & he got it. As long as they didn't grant a money judgment- I don't see a problem with your "record."

Dear Mr. Reno:
Help I'm being sued by a tenant in our Mobile Home Park for asking information names, ages, & social worker of 2 foster children that a private adoption agency placed with them without paperwork from the park. Of course they used free legal aid.
I asked our Kern County Welfare agency if that was fair & that said the private adoption agency should have contacted us before placing these 2 teenage sisters. The tenants had constant parties, late on rent & mostly of all we had always gave these people extra time & bailed them out of a coach that we sold them; that we discovered later had illegal paperwork. We gave them a newer one that we had just remodeled & at the time owed us 2 months rent & etc.
This is a policy I use on all new prospective tenants & caregivers etc.
I have a lawyer but the State worker said she didn't think a hearing was needed & I received a list of to do's & we thought it was a $150.00 fine which we thought ok just pay it & move on.

My attorney was following up with the fine & just received notice that it was a mistake & its $150,000.00
I can't believe this

Tracy, CA

A: What was the fine for? What were you sued for? Also, what was the question again?

Dear Mr. Reno:
I have a tenant who got her rent money from charities, such as Salvation Army and a church, last month. I had to sign a form one said "I agree to allow .. to reside at the premises until the end of March 2013". The other one was initialed by the statement "The Salvation Army needs a guarantee the tenant/home owner will not be evicted/foreclosed during the next 30 days from the date of our check from the Salvation Army".

MY QUESTION IS THIS: Can I begin eviction proceedings to time it where she will have to get out by the end of March? I still have not received any money from the Salvation Army and do not know when I will.... and how binding is this? Thanks so much as this is beyond stressful. We never should have signed anything! We do have last month's and security money from her.

Dave, STARSHINE PROPERTIES, FL

A: I vote you start the eviction. On the form where it says you want a warrant of eviction just write "for 4/1/13". That way, you can say you kept your 30 day pledge.

When the check comes in, you have to make a decision. If you take it, they get 30 MORE days. If that's a NO go- send back the check.

Published 2013-03-21

Dear Mr. Reno:
How much information about my tenant does the condo association have a right to? The way I see it, my tenant has no legal contract with the condo association, so why do they need her information? I am responsible to the condo association, liable for any problems, no?
Thanks!

Sarah

A: It's not about the law. It's about the Condo association has rules which you (probably unknowingly) agreed to. So if they want the tenant's zodiac signs, give it up.

Published 2013-03-19

Dear Mr. Reno:
Can I ask a tenant to leave my property because my insurance company sent an investegator/inspector to my rental property and found what the insurance company has stated in writing a dangerous animal. Now the insurance company has refused to continue coverage.

JD, Maryland

A: What are we talking? Lions, tigers, bears? Oh my! You've got big troubles. That's probably not grounds to evict. Read your lease carefully. Any help? If not, either wait for the lease to expire or if there is no lease serve a 30 day notice now.

Dear Mr. Reno:
I have a tenant who got her rent money from charities, such as Salvation Army and a church, last month. I had to sign a form one said "I agree to allow .. to reside at the premises until the end of March 2013". The other one was initialed by the statement "The Salvation Army needs a guarantee the tenant/home owner will not be evicted/foreclosed during the next 30 days from the date of our check from the Salvation Army".

MY QUESTION IS THIS: Can I begin eviction proceedings to time it where she will have to get out by the end of March? I still have not received any money from the Salvation Army and do not know when I will.... and how binding is this? Thanks so much as this is beyond stressful. We never should have signed anything! We do have last month's and security money from her.

Dave, FL

A: Another fine mess a reader has gotten themselves into.. So I vote you start the eviction. On the form where it says you want a warrant of eviction just write "for 4/1/13". That way, you can say you kept your 30 day pledge.

When the check comes in, you have to make a decision. If you take it, they get 30 MORE days. If that's a NO go- send back the check.

Published 2013-03-18

Dear Mr. Reno:
I am a landlord in New York and I have a tenant who owed back rent (approx 2 months. I recently visited the premises and the tenant has moved out. Is there anything I can do? Tenant was month to month- no lease.
Thank you

Candace, NY

A: You've got possession. If you talking about the back rent, that's no longer an eviction- it's small claims court.

Dear Mr. Reno:
I received a Notice of termination of tenancy. The notification was for non-payment. It said I had 5 days to pay (summing it up) or my lease is terminated. The next line also indicated that I had 10 days to discuss my termination with my landlord. The notification said by a certain date I had to pay, but there was not date to be found on the notice. I attempted to pay in within my 10 days and they told me the only way I could pay rent is if I had paid the attorneys fees, rent and late fees. Is this an invalid notification? Not to mention I was on a month to month lease.
Thank You very much for your help.

Nikiya, Chicago Illinois, Subsidized Housing.

A: I sounds fishy. Usually there's no lawyer's fees unless there's court. But you may have late fees in your agreement, so you're liable for that. If you pay the rent and late fee- you should be okay.

Published 2013-03-14

Dear Mr. Reno:
My tenant has not paid me Feb’s rent. Has been avoiding my calls. Has changed her phone number and her lease is up March 31st, 2013. How can I proceed to have her pay me these two months rent??

Raphelina D., RockHill SC

A: What did you have in mind? Hitman? Threats of violence? Why don't you take a walk down to eviction court & print out the forms? You'll get a money judgment & an eviction warrant in case he doesn't leave.

Published 2013-03-13

Dear Mr. Reno:
I gave my tenants a 30 day notice to quit due to my house being on the market. I got a offer on the house. the tenant told me they needed 60 days to move. i lost the sale. Now i dont know what to do. they paid rent for march told me they would be out by april 30. any suggestions

H.D. Mercado

A: Ok. You got March. Give them another notice for 4/30/13. Make sure you serve it by 3/31/13. You could go to Court, but the buyers already lost, so what's the point? If they don't go on 4/30, you'll need to evict.

Dear Mr. Reno:
I filed a Petition for Rent and Possession with the Missouri Civil court. The court date was today. The renters (who haven't paid rent since January) requested "a trial", even though they admitted to the judge that they have not paid rent. Why would the judge grant them a trial?

Joya Cave, Missouri

A: That's our system- there's only 2 ways a case is determined, (1) by settlement; or (2) trial. No Settlement? Only one option left...

Published 2013-03-05

Dear Mr. Reno:
My son and his wife live on my land in a trailer that they are paying for. I did not get a lease nor did I ask for any payments. I just let them move here to help them. It has been 3 yrs and they moved a family in without asking and they have been causing constant trouble and harassing me.
I want them gone. What should I do? Do we need to give a reason to evict them?

Charlie D., Texas

A: Once again we learn: "No good deed goes unpunished!" Give them 30 days notice to vacate (60 to be really safe) and then, they're off to eviction court. You don't need a reason, (although you obviously had a good one.)

Published 2013-03-03

Dear Mr. Reno:
My father, siblings and myself are on a land deed (Father 1/2, four children 1/2) for undivided property. Most of us live on that property. My sister has left her husband and filed for divorce. He refuses to leave the property. Can we evict him? The family owned the land before she met/married husband.

Linda M, Texas

A: Yes you can evict him. But it's tricky. You'll need a local atty.

The tricky part is determining what he is. Is he a tenant? Probably not. He may be a licensee or a guest, or something in NY we call a "Tenant at Suffrage". Depending on what he is, determines the type of notice & procedure. That's why you'll need help with this.

Dear Mr. Reno:
hello, I have tenants that just moved in.
they owe 400 deposit which i said they could pay over. the next 4 mo so they told me that the disposal was leaking, i looked at it on Friday and it wasn't leaking so i told them to use the other sink , it is a double sink, until i have someone look at it the next week so Monday they called and said it was leaking and so they took it out and replaced it by themselves so the rent came up and they said they are not paying the 100 for deposit because they changed the disposal
i said they cannot do that so now they want to move and they said that they are going to stay and just pay 625 for that month because they are going to use the deposit money of 1000 they already gave for the rest of that mo rent i said i cannot do that because how do i know they are moving should i give 3 day notice now and go to court? or should i do what they want and hope they leave by the end of the month?
thank u

susan, ca

A: What a disaster. It all started when they moved in. If they're short then, that's a big red flag.
I agree with you're approach now. Start with the papers.

Published 2013-02-27

Dear Mr. Reno:
I currently have a tenant owing me over $5600 in back rent!. She has run into bad times and is now unemployed and looking for another job. She has filed her tax returns and told me she will be sending me the proceeds of her return (apparently she expects to get enough because I told her I would except nothing less than what is due). How can I ensure that this will happen so I can get my rent?
Thank you.

Alfred

A: What's the best way to make her cough up the refund? Start an eviction! Anything less, you're rolling the dice. Even if you evict, there's no guarantee, but getting served with court papers does tend to help the tenant to focus!

Dear Mr. Reno:
I am going to list my 4 bedroom house for rent. Besides credit check, what can i do to ensure That I have tenants that will take good care of my house? Can i rent the garage seperately or not include it at all?

Asli Ambrosio, NJ

A: Bringin'em in isn't my department. I'm in the "dragging them out department" Sorry. (Maybe LPA has some suggestions elsewhere on the website?)

How do I make sure the tenant will take good care of my property?

Published 2013-02-25

Dear Mr. Reno:
I had to evict a couple who moved from my home on 01/08/12 for lack of payment of rent and utility bills. They left personal items behind, and I have been storing these things in the basement of the home for more than a year now. I would not let them come back and get their remaining belongings until the debt was settled (and later found damages to the property). I went to court to get them evicted and obtained a judgment against the female but because the male did not show up in court, I have no judgment against him. Of their belongings, there are two cars stored in the basement, and only one of these cars is worth anything. I need to get their things out of this house but won't release them to their owners because of the money owed to me. Do I have to go back to court to get a judgment against him to be able to sell these cars and belongings or since it has been a year since they left, can I simply publish a notice in the newspaper alerting anyone/everyone of my intention to sell these things? Advice would be greatly appreciated! There are no loans outstanding on the cars. The other property could be sold in a garage sale. The rental property is in Tennessee.

Carole Byrd, TM

A: There are 2 CARS in the basement? Is this for real? Anyway, you can't as a rule, confiscate property, but here, it's been a year. Reasonable to conclude the property is abandoned. Happy motoring. Knock yourself out.

Dear Mr. Reno:
I had a lease with a guy for my mobile home. The lease stated that it would continue month to month even after the official 6 months. His baby's mama and child live there and he paid the rent for over a year. He no longer wants to pay and says that she wants to rent however she will not contact me, is never home when I'm able to visit, always pays rent late if at all, and refused to sign the certified letter I sent on 01/08/13 stating that I was going to evict her. Can I change the locks or proceed with an eviction since she is now 25 days late on rent without having a lease with her? How do I legally get her out of my property when she's not on a lease and refuses to let me contact her?

Rachel, Kendallville, IN

A: This will sound strange: You have to evict HIM. He is still in possession. Mom is his subtenant. If you don't know her name, evict Tenant and "Jane Doe". If you just go in and change the locks, that's risky (and illegal). If she calls the cops, they'll read you the riot act.

Published 2013-02-22

Dear Mr. Reno:
I bought a new home in February of last year and me and my fiancé allowed a friend and her two children to stay in the home until we fully moved in. I am moving from Texas to Louisiana. My fiancé is an over the road truck driver and he comes off the road in August. I am not at the house due to I want to work until I get a job in Louisiana. So the friend is only paying 200 a month and utilities. She has fell in love with the home, decorated our entire house and we had our master bedroom with our things in their she put her things in their and has said it is her home and we are not welcome there. My fiancé put a lock on the master bedroom door. On the lease which was for 6 months up on June 28,2012 it stated that we will be staying there from time to time and moving in furniture until we are fully moved in. She did not pay May rent and we gave her the 5 day eviction notice she is still there. She stated that my fiancé told her she did not have to pay this month which is a lie when we confronted her and told her she had to leave. She called the cops changed all the outside locks and put a protective order on my fiancé stated he can not be around her. She stated that he punched, slapped, choke all kind of outrageous things. She stated he broke into the home (he has a key it is our house). She changed the locks I have no access to the house and the cops just say it is a civil matter. She has not provided me with a key or notified me she changed the locks. What to do? The eviction process has started I filed the paperwork today but how do I get back in my home?

AP, TX

A: O.M.G.! No good deed goes unpunished. You're going to have to allow the eviction process to unfold. Believe it or not, it's the fastest court process. It may take a month or two. Get a lawyer.

Dear Mr. Reno:
I have lived in a home that my parents bought for myself and husband to live in 19 years ago. we paid rent off and on, Upon recent divorce i was allowed to continue living in said house with tow daughters 16 and 19 and not required to pay rent, personal issues have come up between my parents and I, My father wrote me a letter of eviction, two weeks ago, Do i have any legal rights to continue living here? or what steps can I take to slow the eviction process down? I am currently unemployed and have worked at most 2 years of the 20 I was married. Thank you very much any advice in the direction i should take is much appriciated. the cause for eviction is not due to any illegal activity,

Karen, MO

A: Has everyone completely lost their minds? You stopped paying them rent, and now they want you to leave. I want to feel for your situation, but, for some reason, your parents don't have a problem evicting you. Why don't you pick a date, say 4/1/13 and agree to leave by then? You can't live for free forever.

Published 2013-02-19

Dear Mr. Reno:
I have 33 rentals in NY
I pay the gas and electric bills and they can get out of hand in a cold winter in upstate NY.
Some of my tenants could care less and would keep the thermostat on 80 degrees even if they are not at home.
After eating 350.00 gas bills for 1 bedroom apartments that rents for 550.00 per month. I put lock boxes on the thermostats and set them at 68 degrees to keep the irresponsible tenants from running up huge gas bills.
Now they are using the oven for a heater.
I'm worried this could over heat and cause a fire. Not to mention the gas bill and the ware on the new oven I just bought.
What can I do to stop this?
Thank you for your advice
All the best

Bob Donnelly

A: For starters, you're going to have to put a clause in your lease banning this practice, if it's going to be a problem. But what can you do about the present tenants? Not much, as far as I can tell. I guess you could warn them that if their bills continue to be high, you won't renew their leases, but that's about it.

Published 2013-02-18

Dear Mr. Reno:
The apartment I leased (12 months contract) was foreclosure. The management company told me a have 30 days to vacate. Nobody told me that when I signed the contract but it is in fact written there. I spoke with the owner representative. He said the owner will sell the unit and want me to vacate in 30 days. I have asked 60 days but he refused. I have asked to buy (I am approved to finance) but he said the owner wants only cash deal.

Leandro Paiva, Aventura, Florida

A: That's a very good question. I think they have to wait the 90 days. If the foreclosure was completed, and now you're dealing with the new owner, then you get the 90. Tell them you'll vacate by 6/1/13- or see me in Court!

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

I appreciate your willingness to answer questions. Concerning your response above, can you elaborate more on filing with the county clerk, and what other options you suggest for trying to collect from an ex tenant. I know how to get a judgment on a former tenant, and it costs me about $120 to file with the court and serve the papers. I also know how to get a writ of garnishment, and that cost another $45 to serve those papers. I've never filed with the county clerk. How does that work and what does it do?

The last tenant I went after, because she had a good job at a local bank, I got all the way to garnishment and then she declared bankruptcy, and I got screwed again. Less another $165, and a lot of time.

Now I have one that walked out on the lease, left me a trashed apartment, and I lost a month's rent plus all the cleanup and costs to find a new tenant. I've got her new address and I know where she works, as a waitress at a nicer restaurant. I can take her to court and get a judgment, but is it worth it? Do you have techniques for collecting on someone like this, no money, unstable and likely to move on to another job?
Any advice would be appreciated. Thanks.

Barry Goldberg, 4 Corners Property Mgmt, LLC, NM

A: Filing with the County Clerk costs about $10.00. It automatically creates a lien on any real estate owned by the debtor in that County. It's also a prerequisite to most other enforcement techniques.

Dear Mr. Reno:
We had a tenant in our mobile home park who passed away. Now we are not getting our rent. She had no will and her children want nothing to do with her mobile home. Someone is now interested in buying her home. How would we go about getting the purchase to go through? Or could we take over ownership of the home in lieu of the rent? The home is in desperate need of repairs so it’s not worth very much?
FYI....we did file a claim with her estate.
Thanks!

Ann Russo, PA

A: If the mobile home is yours, you can take it back, but If the mobile home was hers, it's a problem. The estate now owns it. You need a local mobile home attorney.

Published 2013-02-15

Dear Mr. Reno:
I own a rental property in Massachusetts. The tenants there moved from my RI rental property because of location to my MA home. Long story short, we couldn't afford to let them stay there at the RI rental rate, and they were aware that this might be an issue before they moved. I gave them the option to move back to the ri house for the same rate, or we would require an additional 300/month. They said they weren't moving back to RI. When it became time to pay the additional, they didn't. So I told them the options were, stay here for 1300 or move back to ri for 1000 and we would help them move. She said she would find her own place. She refused to move into other more affordable rental housing, and it has been over 9 months since she knew we were having issues because of the $1000 rate, and has refused to pay the extra.

With our help, they are now purchasing their own house scheduled to close March 8.

Step back to when they originally moved from RI to MA, they did not want me to put in the normal mini blinds, and requested that she be able to pick her own. She came in with blinds that cost $300.00 for 2, and she said she would pay 1/2. She then spent 425 and wanted 212.50 from me for 1/2 the cost. I deducted the 212.50 from the damage they did in the other house and they still owed 125.00, which they have never paid. Now she has been living in the MA home for over a year and now that she is buying her own house, she wants me to pay her 100% for the blinds, or she's taking them even though she can't use them in her own house. I do have a clause in the rental agreement that any fixtures installed become permanent fixtures of the property and can't be removed. She is now saying, we are moving because of you, and I either get paid 100% for the blinds or I'm taking them.
Your advise please.

CP

A: I hate to rain on your parade, but blinds usually are not considered a "fixture". Yes, technically, if they are screwed into the wall (attached) they are a fixture, but still, they are generally considered personal property, and I've never heard of that becoming the landlord's property. That's usually for built in a/c, or something electrical. Besides, aren't we just talking about a few bucks?

Published 2013-02-14

Dear Mr. Reno:
I have a tenant that pays late on a consistent basis. My rent collection process is one where the tenant goes to the bank with a deposit slip from my LLC and deposits the money. She makes the rent deposit but does not pay the late fees or only pays part of them. I continue to send notice of amount due for late fees but time goes on and the funds are never collected. Can I continue with an eviction if the full amount is not paid? And if so, will I be asking for all the past due funds with it as amount owed in court?
Thank you,

Dave, Northern Kentucky

A: That's a tough one. Number 1, you need a lease that says late charges are "added rent". If you don't have that, forget it.

- But even if you have it, I've had judges tell me that they won't evict a tenant based just on "extra", if the bare rent is current - and THAT IS WRONG, but what can you do?

See John's article,
How to Enforce Late Fees when the Tenant won't pay them willingly...

Published 2013-02-13

Dear Mr. Reno:
I inform on 1/20 the tenants that are staying with me to leave, because they threaten me, and I live in the home too. They left on 1/22 but didn't take their things with them. Am I able to hold on to their things till they pay me in full for the rent and other expenses?

Yolanda, Utah

A: No you cannot kidnap their stuff and hold it for ransom. You should count your blessings that they left.

Dear Mr. Reno:
My house has a attached furnished garage apt. We have 2 electric meter and the other utilities ( water, ong .) are on mine. I had no lease, but she had agreed to pay $500 per month. She moved in on 8-21-11, but lost her job back in Oct or Nov 2012 and has not paid rent for Dec 2012, or January 2013. And she has paid faithfully every month until she lost her job with ( atty Clyde Anderson) . And I did a stupid thing, per my husband and now this tenant Karen H. wants me to go to jail and is going to sue me.

So my Question is " She moved out, then without us knowing moved back in, What can I do about that? "

So here is the long story:

Karen H. has refused to move from my upstairs furnished garage apartment. She told me she would be out by 1-30-13, but she was not out. Then she told me she would be out on 1-31-13, but she still was not out. On Friday night 2-1-13 she moved most of her stuff out. However then on 2-2-13 she moves her stuff back in without asking if she could do that. I called her to see if she was out on the evening of 2-2-13 she informed me she moved back in because the lady she was moving in with had a fight with her partner and she did not want Karen living with them. I gave her notice to be out by 2-5-13. She informed me she would be out by 2-4-13 that she would get a truck and move her stuff to storage, but when I came home late on 2-4-13 she comes out of the apartment acting like she was going to hit me and yelled "What are you going to do about it" and she had friends over doing whatever and one stayed the night. I was standing in the road talking to my neighbor, when this happened. I told her that she had to be out by noon on 2-5-13, she stated that she would be out once again on 2-5-13, but had told my husband earlier in the evening that all she had was her bedroom furniture left to move. On 2-5-13 she did not even start moving until 1:00 pm, the bedroom furniture went first then she took the rest of the day and evening to move her stuff told her again to move out. Karen Holliday yelled and cussed most of the day calling me names outside in front of my neighbors, so at 4:30 I had enough of the yelling and went to confront her. I told her again she was not staying here another night. Karen screaming at the top of her lungs at me said "Don't you worry I will be out" I told her I was taking the deadbolt off the downstairs door but leaving the other lock there so I can take it to get changed out before the lock store closed at 5:00, plus the door upstairs that goes into the apt I did nothing to it. She came towards me again to threaten me bodily harm and her male friend Vince pushed her back from me 3 times. I got in my truck and left, but did not get there in time, they were closed. Came back home with the same lock went in the house said nothing to her. My husband came home and she went to yelling and cussing to him about me taking the lock and he defended her, because she didn't say I left the other locks on, nor did she tell him she was trying to hit me earlier today and last night, nor did she tell him that she had yelled and cussed all day in front of our neighbors. But my husband said not to put the lock back on right now because she wants me to go to jail for taking it off in the first place. She has lied for 2 weeks, had moved out and then moved back in, that's why I took the one lock because when her last load is out she cant move back in again without us knowing it. She owes rent for Dec 2012, Jan 2013, I told her on Jan 16, 2013 that Feb she would have to pay $ 750 and then March she would have to pay $750 and that would take care of the January rent. She informed us that her son Johnny had moved in and he had a job and he would pay the Dec rent when he got his paycheck. But she never gave us money for December 2012, so that's when she said on Friday 2-1-13 she would just move out and I agreed that would be best and she stated that she would come back and pay us for the back rent after she gets settle somewhere. Karen Holliday still moving stuff out and its 8:00 p.m. and I do not know if she will get it all done tonight. So my Question is " She moved out then without us knowing moved back in, What can I do about that? Am I going to jail?

Thank you for your time,

Milissa F., Oklahoma City, OK

A: I don't see prison, but you did jump the gun a little there Milissa. You shouldn't be tampering with the tenant's locks until they're out.

Today's the 8th, so I don't know when you'll get this or what has transpired. If the tenant's out, this is all "moot" as we lawyers say. Still there? Start an eviction for nonpayment.

Published 2013-02-11

Dear Mr. Reno:
I have a rental with a one year lease which will expire 6/1/2013. The husband and wife leasing the house have separated and the husband has filed for divorce. Husband is in the Middle East working and has emailed me numerous times for a complete copy of the lease which is 30-40 pages long. I have told him to contact his wife for copy which she says she will send to him. Apparently, he's looking for a way out of lease. Do I have to supply husband with copy of the lease since they were given their copy at the time they moved into rental and will he responsible for the rent as well as she is?

Worried in California

A: You can play hardball if you want. You're under no obligation. On the other hand, wont the lease just prove to him he is liable? What's the downside?

Dear Mr. Reno:
I signed a lease with a tenant. We both signed but tenant never made payment and now tenant is suing for illegal eviction because he has a signed lease! The fact is that he never paid and that he never lived there. The reason there was a signed lease is because it was meant for a proposal lease that he needed to submit to his program that would pay his rent if they approve which sometimes they do and some times not and in that case lease is usually void but this tenant took it to the next level claiming a signed lease. In this case the program did approve it but we never received rent payment and security and we decided not to rent to this applicant. He was explained initially that the same way the program might not approve it after waiting 2 weeks we also may decide not to go ahead with it. He and all similar tenants know and understand that to move in they need to wait for program to approve and send payments and that the lease is just a proposal and not really final and that's why they don't get keys and we don't get paid at the time of lease signing. But he does have a signed lease.
Please advise and if there's any laws or similar cases I'd appreciate of you can point me to it.
Thank you.

LPA member

A: Oh boy. Well its not an illegal eviction because he never lived there- but he could sue you for breach. A lease is a contract. Send him a certified letter- "pay the rent & security first". If he pays, you should honor the lease.

Published 2013-02-09

Dear Mr. Reno:
Hi,
I am in the process of verifying a prospective Tenant's application- both 25. One applicant's credit is not very good but his problems are approx. three years old. The cosigner isn't bad but she has no credit to speak of.

I was considering giving them a break since the problems are a few years old and with them having a baby on the way, they seem to be changing their lives.

With this, I considered having the father of the young man cosign and commit to signing all the proper documents for shared responsibility. The prospective tenant however just told me the same charges on his credit report are showing on his fathers as well so I don't guess I should waste my money or time running the father.

My actual question is can this even happen without the father being a cosigner for him on those bad debts or maybe the father's ss number was improperly used instead of the son?

The past few years, its gotten harder finding anyone with decent credit with all the job losses and economy in general. I have given up with helping this young couple out but still curious on the credit report charges appearing on both father and son.

What do you think?
Thank you

Angela. M., SC

A: That does indeed happen- I've seen it often- but I don't know the reason. I guess it's just the similarity of names and addresses. Yes, finding worthy tenants is hard. Don't forget there's a reason these couples haven't saved to buy their own home. All you can do is your best, which you seem to be doing Angela.

Published 2013-02-07

Dear Mr. Reno:
Is there any limit in NY, as to how long a guest can visit & stay with a tenant?-- for the weekend, for 3-4 days /week or 2 weeks a month etc..
Thanks

Sardar Rafiq Ahmad, NY

A: The sky's the limit. As a general rule, after 30 days they can be considered an occupant. But that will only help you if your lease expressly prohibits more people. What did you have in mind? Are we talking eviction or rent hike?

Dear Mr. Reno:
Good morning Mr. Reno, looking for answers for my aunt, owner of a three family unit:

1.) Listed on lease contract were 3 Tenants who moved in 12/1/2012. Within a few days an additional tenant moved in along with a young child and has been there since. It appears now that he lives there, how much more can i increase the rent? The current rate i am charging is $1,300.
Thank you,

BB

A: IT'S NOT THAT SIMPLE. THIS IS COMPLICATED. Is there a written lease? Any relevant clauses? Is it a month to month? Is this going to be agreed to? If they'll agree to it, you can start 3/1/13 at $1516.67. If no agreement, then you have to serve them a 30 day notice, threatening eviction, or wait for the lease to end.

Published 2013-02-06

Dear Mr. Reno:
I have tenant that is 4 month’s behind in their rent, the husband lost job. Being nice, I tried to work with them, giving them time and different options how to catch up. They have promised me 401 k, un- employment check and lastly their income tax, but all of these promise have failed and its been excuses after excuses.

It is clear to me now, that they are not going to pay, so I sent a certified letter asking them to pay all or half of the rent. I told them that If they chose not to pay, then they must vacate the property, I gave them 10 days to do so. They have told me that they wasn’t going to move and they didn’t have to go until their lease is up, I would not get my keys, to put them out on the street. They have become vicious and nasty.

My question is my step is to get an eviction to get them out. Please tell me if I have covered all bases and if this is all I need to start this process. Please Help!
Regards,

Rosa, Houston Texas

A: You are cleared for take off! What were you waiting for? Either hire an eviction lawyer or get down to the courthouse. (Why are you still sitting there?)

Published 2013-02-02

Dear Mr. Reno:
My Lease specifically prohibits parking on the driveway if any vehicle leaks fluids. I pointed this out at the lease signing and it is also stated what the fees are to clean up oil stains from the driveway on the Rental Deposit Agreement that my tenants signed. They parked two leaking vehicles on the driveway anyways. When I mentioned the two stains and said that I was going to have them cleaned, I sent them an email instructing them that they should not attempt to clean the stains themselves and listed the possible damage that could occur to the cement with the use of chemicals. They cleaned the stains anyways and left etching and white acid burns on parts of the concrete. The cost to repair (clean and re-seal) is double the cost of hiring a professional cleaner. The total is $550.

The four tenants returned only 3 keys. I did not write on the move-in report that they were furnished 4 keys. I let them know and they did not immediately respond about returning the 4th key and I was going to change the locks anyways, which I did. My deposit agreement states that if key(s) are not returned I may charge them for the cost of rekeying.

My question is, are either of these two charges reasonable deductions to the rental deposit and would I be safe if they took me to court?

Thank you,

Sara

A: Small claims court (where your headed) is sometimes like walking into a gambling casino. I agree with you on both counts, but I recently lost a driveway case very similar to yours. The judge didn't care about my guy's driveway. Suggestion: If they object, offer to split the damages.

Published 2013-02-01

Dear Mr. Reno:
I live in Montana and recently lost my income property duplex in a foreclosure. Both tenants were given $2500 from the mortgage company for relocation expenses. My question is, am I legally obligated to the tenant to give their security and pet deposits back?
I just lost my job and have no money to pay back the deposits.
Please let me know if I have to give the entire pet and security deposit back. There is nothing in the lease that covers foreclosure situations.

Cliff in Montana

A: I'm assuming that you want to hold it for unpaid rent. I don't know the answer. People are being sued left and right in these states that have security deposit laws. Whether or not you can use security for rent is very controversial. You need to speak to a local attorney.

See The LPA Montana Lease Clause Index page: http://www.thelpa.com/lpa/forms/montana-lease.html

Published 2013-01-31

Dear Mr. Reno:
I have given divorce papers to my wife and have asked her to leave the house I am renting. She did not sign the lease and I did not sign it for her. I am the only one on it and only I have paid the rent. Can I have her removed from the property?
Thank you

Matthew, Minnesota

A: Can you "have her removed"? What exactly does that mean? How would you "have her removed" and by whom? You see the problem? In any event, divorce court is going to resolve this and all your other issues. But unfortunately, not today.

Dear Mr. Reno:
I recently rented an apartment to a young couple. I checked the women's references including work, previous landlord etc. but did not ask for the man's references as he was in the background. They both signed a 1 year lease and on move in day gave me a damage deposit and the 1st months rent. 3 days later, the man was arrested for attempted burglary in a neighboring town and reading the write up in the paper, it turns out that he has a long criminal record. He is now in jail and is being held on $100,000 cash bail.

What are my options at this point? I would like to evict them so that they don't scare off my other tenants but am not sure if I can legally do this as they have not violated the terms of the lease.
Thanks,

Marc

A: Your concern is valid. You can't evict him just for being a dirtbag. You're going to have to wait, but based on what I'm reading, you wont have to wait long.

Dear Mr. Reno:
My mom let someone move in her mothers old house under a verbal agreement that has been breached....can she just send a written agreement/lease for them to sign or just evict them? She thought she was helping them out but getting ran over instead...

Josh, Al

A: What was the breach? Why would she send them a lease, if she wants them out? Run this by me again, but this time in English.

Published 2013-01-30

Dear Mr. Reno:
I am working as property manager of various dwellings and storage units, employed directly by the owning organization. I have a tenant who is moving out and doesn't have a deposit. She has lived there for like 10 years and generally has been very conscientious about reporting damage and caring for the home. The owners at the time didn't have a property manager or much of a documentation process, she started renting without any type of lease at all! I want to know if I can change the wording of the notice to vacate to say that she is responsible for repairs even if there is no deposit. There may be some things that I might normally subtract from the security deposit. I'm attaching the form as I've edited it to see if that is legal. It ties to another question, what if the damage caused by a tenant is greater than the amount of the deposit? Do I have the right to invoice them for the balance?
Thank you.

Daisy M. López

A: Yes, you can- Actually, tenant is liable for damages- even beyond security- but most people don't.

Published 2013-01-29

Dear Mr. Reno:
I am a property manager in New Mexico. Just what liability does an owner and property manager have if a tenant’s dog bites someone or another animal? Is there a difference in liability if the bite occurs off of the rental property as verses on the rental property?
Thanks,

Betty Zwilling
GRI, SFR, e-pro®, Realtor®
Qualifying Broker

A: I'm defending such a law suit right now. It's a grey area. In theory, the landlord is only liable if he had knowledge of a dangerous situation and didn't act. But in practice, usually the insurance company gets involved & they offer a settlement whether or not the landlord is liable.

Published 2013-01-23

Dear Mr. Reno:
I have a problem with a current landlord. I moved into a residence 3 weeks ago. I had and accident and got sick during the move and two days after we moved, I was in the hospital. The day I was to get out of the hospital the 2nd time, the landlord called my cell phone to tell me I was late on the rent for the 1st of the month, I told her I know but I have been in the hospital. I had a tube down my throat and couldn't talk too much. I told her that I would call her when my daughter came to get me and I was at home. I did not get out until very late. The next day, I went back to work and we had a function that day at work, I was not aware of and I had to work rather late. The landlord came to my house and demanded that my kids call me and when they did, I answered my phone and the landlord was yelling that I need to pay my rent. I told the landlord to not come to my house like that and not to harass my children, she kept yelling so I told my daughter to just close the door. When I got home, I called the landlord and told her I did not appreciate what she had done and again not to harass my children. She yelled at me on the phone to pay my rent. I told her that I had been sick and I will pay the rent when I get paid. She hung up on me. The next day, my daughter called me and told me that the lights were cut off. We called the utility company and they told us the landlord came and told them to shut it off and that no one lived there. We told them we still lived there and they came back out and turned it back on. Then on yesterday, the landlord came over while I was at work and my kids were at school and put a for rent sign on the lawn. Today, my daughter calls me and tells me that she can't get into the driveway because there are people there looking at the house to rent. I have not been served with eviction papers and I need to know what recourse do I have here? Please help me!

Terri

A: You can solve all your problems very easily: Pay the rent. Your insane landlord will suddenly stop acting like a lunatic and return to the normal human being you first met. It's like magic.

Dear Mr. Reno:
My tenant has given notice and moved after three years of always paying on time.The walls and trim were filthy and had to be completely reprinted. The window seals were chewed off by a dog . He did not disclose that he had a pet. The carpet had to be removed and replaced. The expenses go on to the tune of $6000 dollars. He says he will pay in monthly payments but if he doesn't , can I attach his wages ?

Carla, Alabama Landlord

A: You'll need a money judgment for that. Start the suit for $5000 (small claims limit). In court, sign a settlement, he pays monthly, or a garnishment. If he defaults, you wont need his permission or another court order. you'll already have it.

Published 2013-01-22

Dear Mr. Reno:
My tenant rent was due on 1/5/2013. On 1/15/2013 I placed notice on his door that I will begin eviction process. I also noted on the door that he violated the lease because it seems as if he abandoned the property. On 1/16/2013, I was advised that my tenant is arrested. Rather than wasting money to begin the eviction process, can I have his brother sign a release to the lease to also take his personal belongings?
I appreciate your response.
Thank you,

Stephanie, PA

A: Oh boy. You are on dangerous grounds there, Steph. Does the Bro have Power of Attorney? If not, you're leaving yourself open for an illegal lockout. This "shortcut" will save you time & money, but there's a risk.

Published 2013-01-16

Dear Mr. Reno:
Im a landlord in Beverly Hills, CA (of a duplex). I want to transition from a year lease to month to month with my tenants and am wondering if I need to submit a new lease to them? and if I need to give them 30 days notice?
Thanks so much for your help

Nicole, CA

A: That's odd. But if you insist, let the lease expire then, don't renew it. All the terms of your written lease will continue, by operation of law, but on a month to month basis.

Dear Mr. Reno:
When my dad became very ill my sister asked me if my parents can move into my home. I had a finished basement with bath and summer kitchen. We had an agreement that he can help out by paying bills. Whe the bill came my sister would automatically deposit money in my account on my father’s behalf. Dad health kept going downhill for over 10 years and he passed away about a year ago. My mom asked if she could stay and we agreed to let her temporarily stay. When we asked her to leave in June she refused, she put locks on the doors and would not allow access to the basement areas. She caused many problems for us withthe zoning official stating we converted our basement to an apt., she called police and made false claims. After we hired a lawyer she began to look for an apt. and she left on Nov. 14. She trashed the place, left it fility with garbage and left my dad’s ashes in a foam cooler and would not give us keys so we can enter apt. She plays the victim and says take me to court, they will not do anything to a woman in the wheelchair. Can I take her to court and get some money for all the damages???

Karen B.

A: She's your mother! Treat her like one. Also, Get a life. (mom's obviously off the deep end.)

Published 2013-01-15

Dear Mr. Reno:
I just purchased a rental property with a non paying tenant who does not have any utilities on. The lease i have from the previous landlord ends in July. I have sent him a letter that states he has 14 day to pay or i will start the eviction process. Is this the correct process or can i do something to get him out sooner?Thanks

Wade KY

A: You're on the right track. You stand in the shoes of your predecessor. He would be evicting for non-pay, so should you.

Published 2013-01-11

Dear Mr. Reno:
Can I charge a tenant the cost to replace garage door openers and gate openers that he did not leave when he turned in his keys? It is not addressed in my lease.

Bonnie Hoag, CO

A: As Obama would say "Yes We Can." (Deduct, from security.)

Security Settlement Statement

Published 2013-01-10

Dear Mr. Reno:
My question is this I have a tenant now for almost 3 years (March will make 3 years) Since Nov 01 2012 I haven't received rent Lease expired in March 2012 (2 year) It all started when she got a dog without asking (says in lease& application no pets) When I questioned her she stopped paying rent ha sent paid me rent since Lat month she supposedly fell in driveway throwing out garbage ( DEC 21 2102 )
Went hospital for 4-5 hours release minor cuts and strain on wrist What's my options and plan to remove ASAP and does she have a case? she's on disability and has a trust fund( $100,000+)

I reside in New York and property is in Staten Island NY 2 Family home Please let me know options as well should need any other information feel free to call me
thanking you in advance

Aniello, NY

A: This is really just a simple nonpayment case. The fall is irrelevant. If she sues, your homeowners ins. takes over. Maybe you had a case once on the pets, but she's made it much easier. Now it's a non-payment eviction.

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