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 2012-03-03

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:
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.

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.

Published 2012-03-01

Dear Mr. Reno:
PROPERTY: OWNER-OCCUPIED 2-FAMILY
ISSUE: Termination of Lease Agreement: Tenant refuses to Vacate

I rent a one-BR apt to an older couple (late 50s/60s) in my occupied
On December 20th, 2011, I gave my tenants certified letter stating termination of lease agreement to vacate apartment no later than March 14, 2012. Only 30 days notice required. I gave nearly 90 days as a courtesy. I gave no reason why I wanted them to vacate per my lease agreement I have no need to give a reason.
On Feb 13, the tenant verbally informed me they have found no place to go. She has a history of poor credit.
What do I do if they refuse to leave?

FURTHER INFO if helpful Why am I terminating the lease?
I did not put this in writing in my notice of lease termination as I do not want to have to go to court to fight an eviction procedure as I heard in NJ that the law often sides with the tenant. Since November 2011, this tenant has had her 30 year old homeless, jobless, alcoholic son sleeping in the apartment at least 5 nites per week as well as his 11-year old son/her grandson every other weekend plus for the entire week between Christmas and New Years. I sent her a first warning letter in November advising she was in violation of our lease agreement as the lease reads her and her husband exclusively and that if she did not comply that eviction would be imminent. She ignored my warning and claims he is just visiting and not living here. In addition, DYFUS came here to view the apartment and my tenant claims they were there because she is the court-appointed guardian for visitation rights for her grandson.

I live in this house with my 11 year old daughter. I do not want this man on my property. He even has visitors coming here now during the day/nite – all the typical hoodie-wearing, goatie-bearded, out-of-work, sucking off the system types. Therefore, I want them out and I don’t want to go through eviction of trying to PROVE that he is living here although I know (through another source) that the son has MY ADDRESS on his license and like I said, DYFUS was here inspecting the premises as well and I know they met with HIM and not my tenant as she was at work during this week-day visit.

Therefore, I went the route of simply informing them that I was NOT RENEWING THEIR LEASE and they were to vacate but they are ignoring me. Also, they have been consistently 5 days late in the rent for at least the past 5 months.
Thanks for the advice.

Alison W., NJ

A: You are right. You'll never prove he lives there. So get off this, Collect your rent and look the other way. When lease is up, ball is in your court.

Dear Mr. Reno:
I have a tenant who's lease ended Aug, 2011. My management company failed to have them sign a new lease and they continue to live in the apartment. They have paid rent every month, but have gotten behind this month. I was just told today they plan to move the end of this month since they don't have a current signed lease. Can I require them to give me a 30 day notice in order to find another tenant? I do have an $840 deposit from the initial lease.

Pat, Virginia

A: They're being naughty, but there's not a whole lot you can do about it. You could threaten to withhold the security, but you may be only bluffing because many states penalize you for not returning deposits. (Small claims court may be in your future. Is it worth the trouble?)

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.

Published 2012-02-29

Dear Mr. Reno:
My husband and I bought a townhouse, and we made up a lease for our son to rent it and live in it. The result has been disastrous. He has trashed the house, doesn't have a job, is a drug addict, and we realize our experiment to give him a better self esteem has failed miserably. He paid us rent for 3 months, and he has lived in the house for 3 years. We want him out. He's in drug rehab now. What are our rights?

Kathy, Pennsylvania

A: Evict him. What are you waiting for?

Dear Mr. Reno:
One of my apartment tenants hasn't paid rent in 8 months (I waited so long because a church I know said would give the tenant funds), and I have not received anything from neither the tenant nor the church. The lease expired in November, what can I do?

Arthur, Long Island, New York.

A: Another procrastinator. Call me (667-RENO)

Dear Mr. Reno:
I was inherited a triplex apt house. I did get two new tenants before my mom passed away. Now that I took over, even I had taken over for a while, these new tenants are playing childish games with me. I may be too sensitive about this, but, I know who is starting all the games and was wondering if there is a way I can evict them. I tried to make this brief as possible, so if you need more info, please let me know.
Thank you,

Toni

A: You may have one problem. It's called a lease.

Published 2012-02-28

Dear Mr. Reno:
I have a young lady to stay with me temporarily. She doesn’t pay rent. On the 17 Jan I let her know (verbally) that by 17 Feb she would have to leave. She came to me to ask if she could stay until the end of the month (Feb), I said yes. Do I have to give her any other type of notice? Because her girlfriend is telling me that I have to give her 30 days which I did and she would move her out on 1 Mar. What are my rights, because she needs to leave on 29 Feb.

Wynona, NC

A: In NY, the notice has to be in writing. That's also the law in most states (probably NC too.) You should call someone soon. You may need another 30 day notice. If you should start the eviction on a verbal, it many get tossed.

Dear Mr. Reno:
I'm renting a downstairs garage apt in my single family dwelling where i live upstairs. It's not zoned and therefore its's not legal (obviously).
I been scrutinous on who to rent to, until now i probably excersied poor judgement. i have a month to month lease in writing basically to get across the concept of month to month, obligate us to give 30 days notice if either one wants to terminate, and to state my desired rules of parking, utiltiy usage and possible extra monies if utility demands exceeds normal.

The tenant has been abusive using an electric heater, in spite of my telling him not to. I offered to refund his deposit and he go to a hotel while he's waiting to retire and leave the state imminently, he counter-offered to pay one week into march and some xtra fees, and authorized me to deduct this from the security for the utilities and signed an agreement to leave mid march. (around 2 weeks from now).
He might leave, but if he doesnt.... what are my options? Im not interested in haggling with him anymore, he's already now (convieniently) credited himself with 1/2 his security, which i accepted but actually violates our original month to month.

I suspect he's gonna whine 2 weeks from now to use the rest of his deposit and stay all of march. I wanna avoid haggling and have a plan of what to say or what to do without having confrontation.
Thanks

Ralph, Town of Oyster Bay, NY

A: What a mess. Wait until the agreed upon date. If he's not out, call me (631) 667-RENO.

Published 2012-02-27

Dear Mr. Reno:
My exhusband passed away in September, 2011 and my daughter is the heir to his estate (no will). I am pursuing becoming executor of the estate. My exhusband had a roommate when he died that is still living in the house and has added another person that he is collected money from. I want to know what I can do to get them both out. No leases, roommate claims he talked to mortgage company and they said he could stay there if he kept the place up and paid a little towards the mortgage (house will be headed to foreclosure)--the mortgage company was not aware that my ex passed until a few days ago when I told them. I thought ex's parents were dealing with the estate issues, when I found out they werent became involved. Thanks so much for your help!

Sheila E, Arizona

A: You can't do anything until an executor (or administrator) is appointed. Then that person has to serve a 30 day Notice to Vacate on roommate and John Doe

Dear Mr. Reno:
If minors are named on a lease, do they have to be named on a 3 Day notice/Eviction?

Espy, California

A: No, (unless they signed the lease.)

Dear Mr. Reno:
My tenant was served 3-day Pay or Quit notice for non--payment of rent two months - one year lease. Tenant notified me through certified mail that he was moving out (unsigned letter) 5 months early and will not return my key. No forwarding address other than PO Box.

Attorney told me that I must proceed with court eviction and am forbidden to enter on my property to do an inspection as tenant may sue me for harrassment and trespassing if he finds out or is there.

Do I not have the right to access my home to ensure heat is functioning properly and there are no problems?

If you would advise I would greatly appreciate it - thank you.

Jeanne M, New York

A: It depends. Are they out? Totally out? I believe if the premises are abandoned you don't have to go through the eviction process. Your attorney is being careful, maybe overly cautious. (By the way, when you enter, bring the letter.)

Published 2012-02-26

Dear Mr. Reno:
I am the homeowner, she & her 2 children have lived here 3 years, she pays towards rent & utilities sporadically if at all, we have had numerous domestic violence involvement from the police dept. She WON'T leave how do I get her out?

Patricia Connelly

A: This is tricky. She's a "Tenant at sufferage"- Gets a special 30 day notice. Give me a call (667-RENO). I think your in my area.

Dear Mr. Reno:
I had to file a ins. claim due to a broken supply line at the rental house. the renter works for a company that handles “clean up” and construction. my ins company had came out about 2 weeks after the claim was filed due to the holidays. Gave me 2,100 for repairs. The company that the renter works for gave a 6,000 est. which is a huge difference!

So obviously I seeked another company to do the work. When I had the new contractor there he was giving him attitude and demanding stuff. Which what ever needs to be done will be done!! SO now that the renters company is not doing the work and they are mad about that. They did not agree to 2 different options I gave them so I could get in there and get the work done because they would have to leave for 2 days. I offered money off of rent. or pay 2 nights at a hotel. neither was good enough for them. I had already credited them 150.00 for last month and I was going to give them another 120.00 .They started to threaten to sue me. I started a eviction process due to lease violations that I discovered while I was there with the ins company.

1. they have a cat,
2. made alterations to the property
3.) wont cooperate to let me get the construction done.

The mom of the tenant called to try to work something out and I drafted a paper with concerns of both parties that we talked about but when they read the draft they didn’t like what it said. so eviction notice is in effect “notice to quit”.

What are my obligations to them as far as the deposit 400.00 and last months rent 800.00 and if I can sue for the time it is not being rented out? They are threatening to sue me so I wanted to see if I have “countersuit” thank you

Angela, Michigan

A: Your countersuit would be for "out of pocket" repairs and unpaid rent for the time they're still there after they stop paying rent. Technically, you can also sue for time the unit is vacant- but I rarely see that awarded if its vacant because you evicted them.

Dear Mr. Reno:
If I allow a person to stay in my home rent free does this give them tenant rights? Currently, the person is providing elder care for a family member and they are being allowed to stay on the premises rent free. We reside in the state of Florida, Escambia County.
Thank you,

Mike, FL

A: Not really tenants rights, except for one thing. Once they've established residency (usually over 30 days) you can't just bounce them out. You'll have to serve a notice to vacate and evict.

Published 2012-02-25

Dear Mr. Reno:
A tenant of ours has rented from us for years. He currently owes us 4 months rent I gave him a 3 day notice to leave the premises he threatened that he is not moving so I went to court house and got the papers to start eviction. I know it can take up to 30 days to get him out for good we haven't seen him for 2 weeks he supposedly is working out of state the electric company turned his electric off 2 weeks ago when he left town its winter time in Ohio and if the pipes freeze then we will be out more money.

Is it considered abandonment of the apartment can we change locks if pipes freeze while waiting for eviction process to come to a end it will be bad what can we do??? He is also a prime suspect for stealing off us police are finger printing the stuff that was stolen that he magically found.
Thank you

Katie K.,

A: Changing the locks is a big no-no. If you have to force entry to protect the pipes, that's one thing, but if he's still "in possession" you can't lock him out. Even going in to save the pipes is a risk because he may accuse you of theft, so you're damned if you do and damned if you don't.

Dear Mr. Reno:
Beginning 1/1/12 my husband signed a lease, along with his cousin's husband. The lease is for 2 years and $1000/mnth rent. The security was also $1000. My husband, myself, our 4 kids, our nephew and my husband's cousin, her husband and their 2 children were to live here together. The lease doesn't specify who is responsible for any particular percentage of monies. Three months in, the cousin's family is moving out and we are stuck with 100% of every expense. Is there any legal maneuvers we can begin to try to receive money from them? We can't afford this huge place on our own. Please help! Thanks,

Angela ~NY

A: I'm so often asked this question. You need to start looking for a place. Unless you can find new relatives, you need to make a deal with the LL, and if not, break the lease, maybe get sued, and take your lumps. Yes, you can sue your rotten kinfolk, but that's for later on. Right now, you need to hit Craigs list.

Dear Mr. Reno:
I am a landlord of a townhome in Gaithersberg MD,
we had a tenant move out at the end of Janurary 2012 without a formal notice. Our lease states that he must submit a formal notice to vacate 60 days prior. Can we take any action to collect the 2 months of rent owed. Also he left a vehicle in a community parking space, can we do anything with that.
thank you,

Christian W., MD

A: Take him to small claims court; Wait until 3/1/12 and then call a junkie.

Published 2012-02-24

Dear Mr. Reno:
I have a tenant that just moved in in December 2011 and has found everything wrong to complain about that needs fixing, she expects it to be like the Biltmore Gardens, the previous tennants live there a year and a half and never complained about anything. Because of her I have had to replace the pressure reducing valve for city water, all new faucets, a new hot water heater etc. I am in the hole already with rent because of her. When I didn't replace the hot water heater (she had hot water her brother even said you could not hold your hand un the faucets) she left threatening messages on my answering machine and also sent threating emails that stated that she had contacted the local newspaper and they agreed to do a story on my neglectence and also stated that she would see that I would never rent my rental again.
She has been late with the rent for the first and second time since she rented it in December 2011 and I was wondering if according to NC law do I have to give her a grace period or can I sue her and evict her?

My questions to you are:
Can I sue her for defamation because of the threats both on my answering machine and emails?
Since she is determined to not be on time (we have a lease) do I have to give her any grace period or if the rent is not to me on the day agreed is she late.
Thanks for you help.

Wade W., SC

A: Defamation is when she tells other people- not things she says to you- but forget that. (It's only for movie stars.) Grace periods are either in the lease or not. Is there a late charge? The eviction wont work 'cause she'll pay in court. You're stuck with this nut until the lease is up.

Published 2012-02-22

Dear Mr. Reno:
My Mother has lived in our apartment for the last 18 years. she gave us 40k to build apartment and we agreed she must pay utilities/ costs. She only began giving us 200 a month for about the last 6months. We have requested that she pay us 400.00 a month. she refuses and we have no written agreement, no lease, and she has been hostile and causing alot of family tensions. We want to begin eviction process and not sure what our rights are and how to proceed

Alexa

A: Well you can't treat her as a non-paying tenant on these facts. She has to get a 30 day notice. You need to talk to a local atty. This is tricky.

Dear Mr. Reno:
two family house owner occupied
i have been renting an apartment to two people,mother and adult son,30 day month to month verbal agreement. rental period is 30 days from the fifteenth of each month an additional person has moved in without my permission i spoke to him today and he informed me that he is living and receiving mail here, and parking his car in the driveway i do not want him living here, and have no agreement with this person, how do i handle this? thank you

brian, orange county new york

A: You should collect your rent and be happy. But if you insist, serve a 30 day notice and evict the whole lot of them. You can't pick and choose amongst your tenants & their guests. They came as a set.

Dear Mr. Reno:
Can the owner's spouse, who is not on the property's tax records nor title as an owner nor on the lease, file for eviction stating she is the owner?

Casey, GA,

A: Probably not, but there are always exceptions, like, for example, if she's listed as a landlord on the lease, she may have a leg to stand on.

Published 2012-02-17

Dear Mr. Reno:
question about three owners of a property. one owns 50 percent, the other two own 25 percent each.do all three owners have to sign a lease to rent it? say one doesn't want to rent it ,but the others do?or two don't want to rent it out, but one does. very confusing situation.
Thank you for your time.

Jeritt Kovach

A: This should be resolved by a duel at sunrise. You ask if all 3 need to sign, but you forget, most states don't require any writing. Many rentals are verbal (In NY, over 1 yr requires a lease) And when it's verbal, it rarely includes all owners, usually just one spokesman. So any of the three could rent it out. I hope they'll do it by agreement, but if not, there's always the duel.

Published 2012-02-16

Dear Mr. Reno:
What can I do if, after giving my tenant the legally required minimum 30-day notice (before the expiration date of the lease) that I'm not renewing the lease, she nevertheless refuses to leave when the lease expires?
Thank you,

JC, MA

A: I'm not sure what they call it in Mass, but in NY they call that a "Holdover" & you go the courthouse and get the papers to do a "Holdover Eviction". Try it.

Dear Mr. Reno:
My roommate who has a poor history of paying rent on time has left for Florida “for the winter” on January 5th. She promised to pay December and January’s rent within a few days after getting to Florida. She had removed most of her belongings when she left. Now she has not returned my emails or calls over the last few weeks where I have requested payment. I don’t have any address or other contact information for her in Florida. Now that it is nearly February, Can I assume she has abandoned the rental? Can I proceed with removing the remainder of her belongings?

John Easterbrook, New York, Suffolk County

A: Be safe. Store it until 3/1/12.

Dear Mr. Reno:
We were on a 6 month lease with our landlord which expired in December 2011.

It was a verbal agreement that we would rent on a month to month basis from there. Because we have been looking into buying a home. Few weeks back our landlord comes onto the property without warning to put wooden stakes into the ground as well as leave concrete blocks. I went out to ask him what he was doing and he advised me that he was moving a tralior in on the property.
We were not happy with this considering we pay 500 each month and then to have over half of the property to be taken up by other tenants. So we contacted our local town hall. We live in rural Indiana. They advised that he had not applied for any permits.
Well today we get a certified letter stating that they no longer wish to rent us. Which is fine. However, he is giving us only 30 days to get out. We have three small children and rentals are not that easy to find here. Besides the fact we are in the process of buying a home. What are our rights? IF we are not out on the date specified what happens? Our rent is due in a few days? Do we go ahead and pay him?

Michelle Riley, Indiana

A: You can tell it to the Judge. If it's like you say, they'll probably give you 2 or 3 mos. Note: If you want to speed up the process, don't pay the rent.

Dear Mr. Reno:
I'm a landlord in Brooklyn. I have court stipulations that tenants were supposed to vacate apt on or before Jan 15th. Last Monday, Jan. 30th, tenants moved out and then moved back to apt as their new apt was not to their liking. How do I get them out? Do I call the marshall or the sherrif?

Kittcat, NY

A: Marshall does NYC (too bad you didn't swoop in & change the locks.)

Dear Mr. Reno:
I was informed on January 4th that I had to move. I pay on time every month and am a great tennant. My landlords want me out so they can move in the apartment themselves due to their lack of success in their business. I do not have a lease, they never took the time to write one for me, I've lived here for years. Do I have to pay rent from the time they evicted me? ...and don't they have to have the eviction in writing, not just verbal?
Thank you

Julie Sytsma, Wisconsin

A: Of course it has to be in writing. And then Court. But eventually, they will get their place back.

Dear Mr. Reno:
If a lease agreement was signed on Tuesday does the signer have the ability to cancel the lease on Friday in Louisiana?

Jeremy

A: Never heard of it. If you give me a section of La.Law, I'll check it.

Published 2012-02-15

Dear Mr. Reno:
HELLO! My tenant has moved out and I am returning the deposit now. When she was here she threatened to move out if I didn't reduce her rent. She was only living with me for less than six months in my furnished house. Her initial rent was 850.00. Because I got a job that required I move temporarily, I needed to rent out my room. I rented it at a lower price to get someone in quickly and when she found out she threatened me. I was leaving for a new job in less than 5 days and she knew this so I didn't have a choice but to allow it even though it was not the original agreement. Can I deduct the amount from her deposit now? I was scared to fight with her because she was in my house with all my belongings! I felt very threatened by her, but it was only temporary.

This is time sensitive, as I am supposed to give back the deposit on Monday, please help! I have to decide if I'm going to deduct the money she threatened not to pay me!
Thank you,

Jessica Wise, California, San Francisco

A: Too late- ( we were closed Monday - for some reason) But off hand, NOT. You allowed the reduction.

Published 2012-02-14

Dear Mr. Reno:
My wife and I have a home in Florida, we moved to Tennessee and allowed her father to move in the home and pay us 875 monthly..We do not have a lease, he originally stated he wanted to buy the home and that in April of 2011 he was going to try, he never did and the house depreciated in value and is upside down. We are planning on moving back to Florida, the father is 2 months behind on rent and has just sent us receipts for work he did on the house even though my wife told him she would not take anything he did to the home off of the monthly payment, how do we get him out?

Scott C., Florida

A: You could serve a pay or quit and evict for non-payment- but that's going to start a big controversy over the repairs- so why don't you just serve a 30 day notice to vacate and evict him that way?

Dear Mr. Reno:
my question is what to do when my tenant was served with 30day notice prepared by my lawyer, and refused to take it, but I still sent a copy through post office, can she deny ever receiving the 30day notice??

Ann, Chatsworth, CA

A: That's a tough one- did she get it before the 1st? Can you prove it? It's too close to call.

Tip: Official Notices like this are best sent by Certified Return Receipt mail and served personally. Your lawyer should know this.

Dear Mr. Reno:
i rented to two roommates with one dog. 2 bd 2 ba apt
one roommate signed lease but the other roommate was not there . so she was going to sign it on another day.
i went over there for her to sign it but she was still reading it and i had to leave. she said she would leave it in the mgr box. i never received it.
so i only have the one roommate sig but both of them on the lease.
now when the roommate that signed the lease was signing it she had asked me how much for another roommate. i gave her est. amounts but said i would let her know.
so i emailed the app etc with amts of extra rent etc.
the tenant said she was going to go with the amounts i estimated when i was there not the emailed amts. she said it was a verbal agreement.
i emailed her again with the amounts and the app again and said there was no verbal agreement this is what the terms are.
so the rent came again and the app was included with the rent. the new roommate wrote in app that she had been living there a month already.
so i sent an email saying that they owed back rent and late charges since she had already moved her in without my permission.

i want to evict them because first she moved in the person w/o my permission, they refuse to pay the extra and now with the 2nd months rent on the first of this month she added another dog! and she added the same charge as what i charge per month for the other dog that was approved.

my question is which option do i use to evict?

the 3 day quit because she moved in w/o permission and now the extra dog, but can i do that with the extra person because i asked them to pay the extra rent after i found out that she had moved in w/o my permission?

please help because i want to evict asap before something else comes up. i just recieved the rent for feb (now with extra dog and still have not paid the extra rent and late charges and rthe new person is living there without my permission and not paying extra sInce dec
thank you

Susan Ross, CA

A: What a mess! How long is the lease for? I think you're stuck with them until then. (I hope for your sake, its a month to month.)

Dear Mr. Reno:
I lost my house to foreclosure, then the bank sold it to another person. can the new owner take the belongings that I have left in the house? tv , radio, clothes, etc....

Ron, Fort Lauderdale, Fl

A: You say you "left" the items. What, you moved out? If so, you abandoned the stuff (Why didn't you take it with you?)

Published 2012-02-13

Dear Mr. Reno:
If I have a justice court date to evict my tenants for non-payment, am I required to take the payment if they offer it before the court date or can I force them to appear? This is the 4th time I've had to take them to court. The previous 3 times, they have always paid all fees before we get there. It's getting old. I want them out.

Nick W, Mississippi

A: You have to take it, if they offer it. This is an age-old problem. The only defense you have is a lease with a big late charge. Also, if you're using a lawyer, you can add atty. fees. The final solution: Don't renew the lease.

Dear Mr. Reno:
To answer Mr Reno. The newspaper I advertise my apartments in, the Daily Gazette in Schenectady Ny, has told me I cannot state refusal to accept section 8 tenants.They claim it is discriminatory. I would like to be able to show them proof it isnt. Does Mr. Reno know where I can get written proof of it being non-discriminatory ? I would appreciate it.

Tim Frost Schenectady, NY

A: Sorry, it took so long. I asked around, (even called Section 8). No law against it that I know of.

Dear Mr. Reno:
I have a 6 family home in the borough of Queens..this is a rent stabilized building. I have a rather unique tenant situation. A couple who lives on the 2nd floor has held a lease for about fifteen years and to the best of my knowledge is married. About two years ago the husband brings to the apartment another woman ( not sure if this is his wife but then it's polygamy? is that legal in NY? and two children without our consent. He never told us about the two young children under 6. To avoid any legal issues we immediately installed window guards. The situation is getting ugly with threes company and the so called first wife is moving out. The lease is to expire in July. This woman calls me as to what she should do because she wants her name off the lease.

1) Since the lease is being broken does it automatically default to her so called spouse? which she told me divorced her 10 years ago.. I don't think that's true but I wish to give you the facts.
2) If they are roomates do we have the option not to renew the lease to him and his new (lady friend)..

Please advise asap, this tenant has been nothing but trouble. He manipulates the woman currently moving out to pay the rent etc.. Please advise. I would also like to know if you handle queens cases? Thank you for your time.

San, NY

A: Sorry, I don't do Queens. You can't stop them from moving in family members, for legal, as well as practicle reasons. You can refuse to rerent, but that's where the rent stabilization board got involved. I think as long as you continue to offer the unit w/o a rent increase, you're ok, but call the board.

Published 2012-02-11

Dear Mr. Reno:
A tenant broke his lease which ends in May and bought a house. He paid through October but didnt move out until Nov 17th, received keys Nov 22nd. Now he wants his security deposit back and has an attorney saying if we don't return it by Jan 27th they are suing for twice the security deposit. By the way, we have two months deposit in a landlord/tenant account. Thanks! Karen

Karen

A: You can sue for lost rent later- but keeping the security is a danger. In some states (you didn't specify yours), you can't -unless your lease says explicitly that you can.

Published 2012-02-10

Dear Mr. Reno:
I had added into paragraph 50 this clause "If the tenant should not fulfill the full term of this lease the tenant will ber responsible for the rental amount until the dwelling is rented again. This clause will be enforced by management." I got tired of tenants moving before the lease period is up. Is the clause worded correctly? If not, how should I word this clause?
thank you

Denise M., NC

A: You go girl! The clause is fine. (The tenant would probably be liable for this anyway, but why not put the fear of god in them.)

Published 2012-02-09

Dear Mr. Reno:
I am helping my friend with his rental. He is almost blind. He gave a 15 day notice termination of month to month tenancy.
He has a Room for rent agreement. 2 other gentleman rent the other two rooms. I hand delivered the notice to him my self as a witness. I was scared my self he is very confrontational and said we would be sorry he works or volunteers or state attorney office. I went a second time and I am scared to go back and so is my friend. The other two tenants are getting harassed and yelled at by him. They can't take this gentle who is angry at everyone. He has a home in North port with his wife.. He also throws around he is a senior citizen.

One snag though.. the notice he received has the wrong street number. It is street number to another property my blind friend owns but correct street name. Do we have to resserve it and start over or any other options. He is a ssary angry man we fear him. He just might snap and not just yell.. Hurassing all all the time

Gloria Disney Isaac - A member of "THELPA", State of Florida

A: That's a big problem, Gloria. The notice is defective. If someone picks it up, they'll toss it. Sorry.

Dear Mr. Reno:
I'm a new landlord in IL. We rent out our single family house. the Rent's normal monthly check for Jan 2012 bounced, so we asked him to send the payment again using chase quick pay. his 1st half went through, the 2nd half didn't process again due to no enough fund. We are ready to send the eviction letter. And here is my question

1. Can I send eviction letter for partial due?
2. If so, the amount owed on the letter will be the reminding of Jan 2012 payment?
3. He didn't pay the Feb 2012 yet, he has up to the 10th to pay without late fee. If i send him the eviction letter today, can I also listed the Feb payment?
4. Or I need to wait until the 10th to send him another eviction letter for Feb payment
5. Then I may have two eviction letters - one for Jan, one for Feb, with some overlapping period?
6. If he sends me partial payment again, should i apply to Jan or Feb payment during this eviction period?
Thanks!

Min M., IL

A: 1. Yes
2. Yes
3. Maybe. It depends how you word it. Today's the 8th. Just wait until 2/10. Problem solved.
4. (Just 3 to a customer)

Dear Mr. Reno:
I rented to a man for a one yr. lease which will be up 2/29/12. It has been a nightmare. But to be short, he has moved in others, been behind in rent I started eviction and then he came up with all money he owed and i was desperate. electric in my name. he does not want to move out . also, i did not do background check and found out several arrests, fraud, theft , in two states and cocaine possession. He verbally got in a fight saying he is staying. How can i get him out. i did send him letter about lease ending. thanks

Cindy T

A: The lease is up on 2/29/12. What's the problem? Don't accept rent for March and start a holdover proceeding.

Dear Mr. Reno:
My name is Kim I have a tenant in an illegal basement apartment on Long Island, NY (noted in lease that it is illegal, but up to code) Tenant has harassed and cursed at upstairs tenant, has run up an additional $950 in electric charges above the normal included electric and curses and screams at me(landlord when I call to discuss it. Gave her an eviction notice citing infractions to lease. She refuses to pay rent now and says she is living out security (states in lease she cannot live out security) and has called the town about the illegal apartment. What is the next step if she does not leave?

Kim, NY

A: Why are you debating this? You know what has to be done. Why don't you call me 631-667-RENO. I'm in your area.

Published 2012-02-08

Dear Mr. Reno:
I want to evict my 22 year old son from my house. He does not pay rent, does not have a job, and refuses to follow house rules. I have quit buying groceries and stopped paying for things like his cell phone and car insurance.
His father works out of town so there isn't an option of having my husband physically remove him. Besides, he would just come back after he went back to work. After long research I have found that just putting his stuff on the curb is not a legal option. I cannot change the locks because he is a legal residence here. What is the process? According to the courthouse there are only two forms for eviction: non-payment of rent and non compliance of lease. Non of these apply.
If I draw up a rental agreement, what if he won't sign it? I am also worried when I give him notice of rent paying he will destroy things in my house.
Thank you.

Lori D., FL

A: Give him a notice to vacate by April 1, 2012. If he doesn't, you use the "non compliance of lease" form, in other words, you gave him a lease until 4/1/12 but he didn't comply when he failed to vacate. Sounds crazy, doesn't it?

Dear Mr. Reno:
Have a tenant that I did not resign a lease with. Increased rent, but only paid the original amount, plus totally destoryed the property. Never let me know the roof was leaking so I could correct it etc. etc. etc.
What do I do to remove them from the premises and how long will it take for them to be legally evicted.--
Thank you,

Rita A, NJ

A: Raising the rent unilaterally is tricky. It can be done, but if you want him out, get him out. You said the lease wasn't resigned. What's the problem?

Published 2012-02-06

Dear Mr. Reno:
I have a tenant that is late with rent doesn't know when she can pay, no one in house is working or can get unemployment. we have a lease that states if I evict for non payment she would not take it to court. she says she will pay when her income tax check comes in and that is for this month, but does't know how she will pay when all that money is gone. her lease is up in oct, can I send her a notice to leave within 30 days of the end of her lease. can i just send her an inviction notice to vacate in 30 days as per our lease
Thanks,

Mona Garibell, PA

A: If its a lease of more than a month, you just notify her that you decided not to renew & she should be out on the last day, but please READ YOUR LEASE.

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