Q&A with John Reno, Eviction Attorney
 The Landlord Protection Agency® is proud to introduce John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.
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.
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.
Submit a landlord / tenant question for Mr. Reno
Please try to keep your questions as short and to the point as possible.
John Reno also does Mortgage Loan Modifications (Nationwide).
(Mention The LPA for a 10% discount!)
If you are a Landlord on Long Island, NY, and wish for Mr. Reno to handle your landlord - tenant case,
please provide your contact information: e-mail Mr. Reno (info@theLPA.com)
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Published 2011-12-24
Dear Mr. Reno:
Question for a manufactured home community in Utah regarding tenant already issued a 5 day notice for non-payment of rent. Tenant has a promise to pay date, but her check for last month’s rent just came back NSF. Do I need to reissue tenant w/a NEW 5 day notice including NSF check and fees? Or does any legal notice have to be issued, considering she’s already been issued for non-payment of current rent?
Lynsey – Salt Lake City, UT
A:
No new notice is needed.
Dear Mr. Reno:
Every month my tenants come up with a new reason to delay, for just a brief time, the paying of their rent. I thought I had cured the issue by requiring their rent to be paid by 5 p.m. on the 31st of each month. The tenants pay their rent at midnight on the 31st and then call the next day to ask if I will hold their check(s) until just before the bank closes on the first of the month for which the rent is due. Should I be requiring a late fee when they play these games with me? Karen
A:
Are you kidding me? Have you been reading the horror stories on this website? Your biggest problem is that you might not get the rent until the 1st? Or the 2nd? Come on!
Dear Mr. Reno:
Hello, I was living with my girlfriend in a rented house, all utilities are in my name, I am waiting on disability so she pays the bills, she new this from day one, she asked me to leave with a 3 day notice, I moved to a rented room, but can not afford, do I have the right to return home? Thanks Don
A:
Go home fast. She's not your landlord. She can't evict you.
On the other hand, your romance doesn't seem to be going well. Time to find another room before there's police intervention.
Dear Mr. Reno:
My wife and I have a tenant whose lease is month to month. Our Association has sent us a notice stating we have to have at least a 3 month and no more than a 3 year lease. Our tenant has destroyred more furniture than the last and security he put down on the original lease.We are now asking him to sign a 3 month lease as per the demands of the association,with at least the last months rent.The association is also demanding the tenant pay the monthly association fee.The tenant is refusing.How soon can he be legally evicted?
Warren Packard, Broward County Florida
A:
Your problem may be easier to solve then you think. When you give them a 30 day notice to vacate, that 3 month lease will start looking better and better to them.
Dear Mr. Reno:
We bought a pre-approved short sale house after a previous customer backed out from his contract for buying this short sale property. During closing, the owner has asked to remain in the house for 60 days after the closing date with no charge and pay a penalty of $50/day if they don’t vacate the property by the end of the 60 days. Also, they agreed to o be responsible for any reasonable expenses incurred the purchaser as a result of sellers failure to vacate. This is mentioned in the seller’s post settlement agreement document. Now that the 60 days passed, the tenant is refusing to leave and asking for a one month extension and offering to pay the $50 per day. Here I am questioning our right as a buyer. How can we take the possession of the house without extending their stay. What kind of action should we take next?
Thanks
Mr & Mrs Karo, VA
A:
You're going to need a lawyer. This is complicated. They will probably need to get a 30 day notice. But this could take 2 or 3 months.
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Published 2011-12-23
Dear Mr. Reno:
The utilities are in my company name and the tenant(s) are deliquent in rent. They have been served the 3 day vacate.Can I have the utilities shut off even though the woman is supposedly pregnant? Judi, Hamilton, Ohio
A:
No, no, no, no, can't, can't, can't, can't.
Dear Mr. Reno:
My wife and I have a tenant whose lease is month to month.Our Association has sent us a notice stating we have to have at least a 3 month and no more than a 3 year lease.Our tenant has destroyred more furniture than the last and security he put down on the original lease.We are now asking him to sign a 3 month lease as per the demands of the association,with at least the last months rent.The association is also demanding the tenant pay the monthly association fee.The tenant is refusing.How soon can he be legally evicted?
Warren Packard, Broward County Florida
A:
Start the eviction for non-payment today! If $1500 is too much, find a cheaper lawyer. You'll either get a ton of money or an empty apt. to rent. Either way, well worth it.
Tick tock. You're wasting time.
Dear Mr. Reno:
As a member of the LPA, I would like to take advantage of the offer on the website to ask you if in the State of NJ we as landlords are required to send notices to primarily Spanish speaking tenants in Spanish. I use the term primarily because they do speak some English and the original lease was in English Wayne Ackerman, NJ
A:
You just blew my mind with that question. I haven't seen it yet, but it's gonna happen. Some tenant is going to claim that a 30 day or 3 day notice is null and void because they couldn't read English. I see it's already happening in California. I'm only guessing, but if you have knowledge that they talk primarily Spanish- & you still notify them in English, tiene una problema grande.See California: Leasing with Spanish, Chinese, Tagalog, Vietnamese or Korean Speaking Tenants
Dear Mr. Reno:
In 2004 I purchased a rather large house in Lawrence, NY. At that time, I was divorced with custody of my then 11-year old son. My Aunt (now 59 years old) came to live with us to help out with child care. Although she is not on any deed or financial paperwork as a partner, she did gift about $12k to me towards closing costs, etc. When she moved in, there was an understanding that there would be NO SMOKING in or about this house. Since that time, I have married again in 2005, my aunt has resumed smoking, and additionally has brought pets into the house (that are destroying the house along with her smoking destroying our lungs). She claims to have a disability (Reflex Sympathetic Dystrophy Syndrome - RSD). Can I legally evict or remove her from our home?
Thank you for your time and attention to this question.
Owen Martin Eager, NY
A:
When there's smoke, there's fire. You can start an eviction, but she can fight it. She might say she's a silent partner (called a "constructive trust") in New York. You've got to start somewhere. Serve 30 day notice.
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Published 2011-12-22
Dear Mr. Reno:
Tenant died
How do I handle and who do I refund remaining Security Deposit to?
Sharon Smith (PA)
A:
You can't give that to anyone unless the tenant's estate is probated and an Executor appointed. What if no executor is appointed? The money sits there forever? Yes. That occasionally does happen.
Dear Mr. Reno:
I re-signed another 2 yr lease in May 2011. The first 2 yrs, I paid rent on time (they allowed me to pay 15th of the month since I got pd the 15th). A new job has changed my pay dates & I make less money. I have been late with rent on several occasions – usually about 1 -2 weeks. I include the late fee. I was over 30 days late ONCE and just told them I will be 30 days late again. They want to terminate the lease early and sell the property. Can they do this?
Marcia, New York State
Marcia, New York State
A:
If you pay the rent, you don't have to worry about early termination. But that seems to be a problem for you.
Dear Mr. Reno:
I just discovered my tenant has a live-in boyfriend. The lease says no guest is allowed to stay for
more than 7 days. The boyfriend also smokes, which is not allowed under the lease. I have taken 2 pictures of the boyfriend on the property more than 7 days apart. I do not know if this is sufficient to prove that the boyfriend stays longer than 7 days and therefore my tenant violate her lease.
Do you think I have a case in eviction lawsuit for this violation of the lease? I do not want smoker
in my property.
Thank you for your answer.
Ben Luong, Texas
A:
This is problematic. She's going to tell the judge he just visits. Even if you prove he moved in, what happens when she says he moved out last Tuesday? Who can prove what? You want him out that bad, you may have to evict her when her lease it up. (Why don't you tell her that?)
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Published 2011-12-21
Dear Mr. Reno:
My mother rents out the second floor of her home. Initialy it was only rented out to one woman who then brought her daughter, her bf, and baby. Since this happened there has been nothing but trouble and completely destroyed the whole appartment. The lease for the mother (others never were on the lease) expired in March. Since then rent kept coming later and later until they just stopped paying all together. We went through all of the proper processes for non-payment eviction. Today, when there was a court date the woman announced that she has an apporney and doesn't wish to continue without him. The judge set the new date for January 31st! My mother only gets about $200/month from social security and I just lost my job. I help her the best I can but its not enough to cover all the bills. We have a person willing to move into that apartment and actually pay rent. Is there anything we can do to get this process moving faster? What is to stop her from showing up without her attorney again on Jan 31st? I even overheard them say that they are still don't plan on paying the rent. Im lost.
Nadia Queens, NY
A:
You're in NYC, the bad apple. Kangaroo Court. Sorry.
Dear Mr. Reno:
Do I need to return a security deposit if the tenant burnt my house up ? I have no proof she did it other than the fire report saying it was arson. However it was during her lease period and the firemen found the windows and doors locked at time of fire.
Nick D.
A:
Just when you thought you've heard everything- the tenants burned the house down on purpose? Why?> To get out of the lease or to get their security, or both? That's a little extreme, even crazy for tenants. I guess somewhere in the annals of time, it has happened, but you'll never prove it. So collect your ins. & pay back the security.
Dear Mr. Reno:
I have a renter in california that owes1400 a month. last month gave us 1000 and this month december 400.00. He said he is keeping the rest because I harrassed him about paying. (sending two text) for that he is using the money to moveout and break the lease. His girlfriend said they planned on moving out next month anyways. They can find houses for 900 closer to work. So with this info we posted a 3 day pay or quit. put he owes 400.00 for november and 1000.00 for december. He now says he has a disabled son and he is going to drag this out six months he states he has done this before and he knows. is this true?" or is he trying to scare us? With the lease can we get anything for breaking it since we are started the 3 day pay or quit.
Thank you
Shanon
A:
He wont get 6 months from you because you're right on top of it. (Maybe one or two mos.)
Dear Mr. Reno:
I have rented a room to a couple, no lease!(roomates) now I my son is coming . My Question do I need to give them 30 day? If they pay weekly not montlhy? Laura, NY
A:
Yes you do (See New York State Real Property Law 232.)
Dear Mr. Reno:
My friend, who is 67 years old and bipolar, has a long history of drug use and of going off of her bipolar meds. She got evicted from her trailer (the latest of several evictions) and, because she was my best friend, I let her move in with me.
She will not help me out financially in any way. She has delusions. She’s been locked in a psych ward several times. I have a $150.00 phone bill due tomorrow. $125.00 of it is from accepting all of her collect phone calls the last time she was locked up, after she was arrested. I asked her to pay it, and she refused. She has only given me $100.00 in the three months she’s lived here.
I no longer care what happens to her or where she goes. She is verbally abusive and has even shoved me a couple of times.
HOW do I get her out of my place?? Georgia Bulat, California
A:
With friends like this....You have to give her a 30 day notice (Is it 60 in CA? not sure- please check.)
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Published 2011-12-15
Dear Mr. Reno:
Hello,
please can i have the attorney answer this question?
This question is for the attorney
i have 2 car garages that the tenants have to share. each gets half a garage. they are roll up garages .
the tenants that just moved in want to know when i am getting garage openers because they have back problems and it is hard for them to lift the garage doors open. am i legally responsible to get openers for the garage doors because they said they are hard to open?
thank u
susan ross, ca
A:
No you do not have to get them garage door openers ( I assume the previous occupants managed without them.) But why don't you get the cost and offer to split it just to keep the peace? Just a thought. (By the way, now I've heard everything!)
Dear Mr. Reno:
I recently bought a house in the Commonwealth of Virginia. The house is current occupied by tenants. I am not certain of the noticing requirements in Virginia. Should the previous owner be giving notice or should I be giving notice as the new owner? Thank you.
Sincerely,
Andrew J. Tse,
A:
I'd try to get a letter from the prior owner at the closing. Maybe it's too late for that? You could give the notice yourself, but it would be nice if it came from the old landlord.
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Published 2011-12-14
Dear Mr. Reno:
Am new to thelpa.com, so after posting this question on Forum I found your link, so please excuse the duplication and thank you in advance for any help -
Have a commercial tenant whose lease expires 12/31/11, he insists on staying until at least January 25, 2012, but we're having problems negotiating payment for improvements.
Since there is no security deposit, our only leverage is to notify him that we consider Lease terminated 12/31/11 and we expect double rent from that point forward. However the FL statute says that such double rent is collected at "expiration of the month". Does this mean end of January, 2012? If so, and he leaves January 25, 2012, do we then have to file suit for the double rent for the 25 days or is there a way to demand it on January 1st?
Jack, Florida
A:
I would do it this way: If you accept rent at the beginning of January, you would be reinstating the tenancy. You probably should commence a holdover proceeding for eviction in the first week of January. You can ask for double rent as part of that proceeding, you may not get it, but this will start the process of regaining possession. If you do nothing until 1/25/12, what if he doesn't leave? Then you'll be stuck with him for even longer.
Dear Mr. Reno:
My mother is a residential landlord with a gross income of 300K in the Riverhead area of Long Island Suffolk County Ny. Her tenant is taking discrimination action against her . My mother has been a landlord for the past 15 years with this being the first case of any kind of legal action against her.
Do you represent Landlords in discrimination or can you recomend an attorney that specializes in this area.
The tenant's rent is subsidiesd by Section 8 Housing.
All individual properties are LLC's
Sincerely Your's
Richard C., NY
A:
I don't know of any lawyers that specialize in landlord discrimination cases, but I'd be happy to talk to her (631) 667-RENO (7366).
Dear Mr. Reno:
I have month to month lease with tenant.
She gave me 30 day notice that she would be moving at end of Dec 2011.
She wanted to use security deposit as last month's rent; I told her NO.
LONG STORY SHORT; I posted 10 day pay or quit on the door December 4, 2011 -- I was told by one of the neighbors that she moved today.
1. Does she still owe me for a full month's rent for December?
2. Without formal notification from tenant; do I still have to act as if she is still there and post a notice 24 hrs before entering premises? I need to get utilities turned back on in order to ensure pipes do not freeze!
3. Do I have 30 days from the date I think she moved (today) to send her letter reguarding security deposit or do I have 30 days from December 31st?
Thanks,
Lisa Johns, Pennsylvania
A:
1. Yes, but that is offset by security, which is offset by damages, if any.
2. No, if she's gone, she's gone.
3. 30 days from date you think she moved.
Dear Mr. Reno:
I evicted a lodger. The lodger left her stuff behind I told her I was charging a 13.12 fee which was her daily rent for leaving it behind. Today the sheriff told me he was arresting me for theft and interfering and obstructing justice because i was holding it for storage fees is this legal?
It was a lodger there is no rental agreement. I gave her 30 days to move and she left her stuff here and I charged her $13.16 a day for storage she gave me no forward address. I text her and she refused. Then she showed up with the sheriff today and he said he is going to arrest me for theft that you cant hold tenants property and charge a fee and ask that they pay it before you release it.
NEED HELP DEBBIE, CA
A:
Well I hope you're still "on the outside" to get this note. As you now know, you can't. You can charge them, but you can't hold their property hostage! Sorry.
Dear Mr. Reno:
Heres My trouble and I hope you can help with if there is something I can send tenant .
I use your lease , We are in New York long island . I tried to call you but told to write .
Ok heres the trouble . This is a single family home . rented .
Rent is paid to date . But heres the trouble ... I just found out the gas has been turned off 2 weeks ago . Bills are in tenants name ... ( I'm not happy with the cold weather coming .. New heating and pipes )
Is there something I can send him that says he needs to have the heat on in winter months ???
Or can you tell me if this violates the lease ??? is there a law for tenants to keep heat on ???
Thank you for any help .
Judy McElroy
A:
Brrrrr! I would think the people would freeze before the pipes wouldn't they? If they keep warm with electric heaters, doesn't that solve your problem, I think this problem takes care of itself.
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Published 2011-12-06
Dear Mr. Reno:
Thanks for offering for answering a question on your web page.
I bought a 2 Family bank forclouse house with out seeing in auction in Springfield MA for $ 32500. I went to see this house and met with the only tenant with three dogs in one unit of the building.She showed me the house from out side and with her lawyer advise not show me the inside of the house she gave me her name telephone # and her lawyer name and phone #.and told me she had a law sue against the owner and the bank and she wanted $35000 to drop the law sue and leave the apartment. She is section 8 tenant.She told me roof is bad and will cost 20000.00 to fix it, she told me the inside is very bad pipes are not ruining and neighborhood is very dangerous and she is living here alone from last 5 year.
Next day when I called her she was bagging me to get her out of there and she was demanding $30000.00 for drop the law sue and leave within three days. She confess that what she told me yesterday was lie roof is fine inside is OK too and I should not tell any body otherwise she will lose the case.I Told her the only thing I can do is the bring your case in the attention on of closing lawyers and need some kind of documentary profe like copy of law sue a copy of lease. She was ready for that but giving me the impresion that these dacument she can provide me with the exchange of 30000.At this point I told her I am just trying to help you to bring your case in the attention of seller and closing attorneys and I am not giving you any mony for that. In responce she said I no need your help and I hav a atterny and hangup the phone.Now she is calling back but I have not take her call.I have all ready inform the selling auction compny and the closing agent. Auction compny extended 14 day time for closing date and asked title agent for the response.I am so up set and feeling my self in trouble I have only deposit money with title company. New closing date is Jan 28.I am looking for your expert advise.THANKS MOHAMMAD QURESHI, NEW YORK
A:
If you bought at a foreclosure sale, I don't think you're liable for any of this nonsense. So just ignore all this, & go ahead with your eviction of this nut.
Dear Mr. Reno:
My question is: May I issue a 3 day notice to quit to tenants that has not
paid the full amount of November 2011 rent. I own the 2 family home and rent
the first floor.
The tenants keeps pushing the rent to " I will pay when I receive the money
next week from Social Security"
Thank you,
Sonny V., NJ
A:
I can't imagine why not. Go for it.
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Published 2011-12-05
Dear Mr. Reno:
My tenants were approved by the condo board before signing their lease and need to be reapproved for lease renewal. I want to renew their lease.
In May the board notified me (in writing) that my tenants had an unauthorized car on the property and they imposed a $100 fine (which was paid promptly).
In Oct the board notified me that my tenants had an unathorized car on the property again and their lease renewal was in jeopordy (unlike the May incident, they did NOT impose a fine).
My tenants deny the accussation -- stating they drove a temporary car for 2 weeks while their primary car was repaired. They notified the condo office in advance and obtained a temporary car permit which was returned promptly in 2 weeks.
I wrote a letter to the board explaining the misunderstanding and they responded by saying my tenants could not renew their lease due to "problems".
I wrote back AGAIN requesting a meeting to appeal their decision and get details about the "problems". My letter has gone unanswered.
I'd like my tenants to stay and feel they are being harrassed and denied a lease renewal without any just cause. Is there anything I can do?
Thank you for your time.
Jane L., Suffolk County, NY
A:
You need to make waves. Hire a lawyer and make a fuss. They'll reconsider if they know there will be litigation (even though it probably wouldn't be worth it to actually sue.)
Dear Mr. Reno:
Nov rent is late and I served my tenant a notice to pay or vacate. She
called me explaining that she only has the rent amount and not the late
fees. I asked her about Dec rent and she says she gotten behind and will
only have the rent amount and wants to work out the late fees for Nov and
Dec at later time. Since the tenant contacted me to pay the rent amount, do
I accept the payment and stop the eviction process or can I still evict on
nonpayment of late fees?
Rachelle, TX
Rachelle, TX
A:
Maybe, maybe not. I've seen judges go both ways on that. Why don't you go to court- she says she wants to "work it out"- and sign a stipulation of settlement in the court that's binding.
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Published 2011-12-03
Dear Mr. Reno:
Nursing Home A said they can't handle our mother anymore in assisted care
living. And their memory care facility is too expensive for her. Just FYI,
we had her on a wait list at Nursing Home B but took her off in the summer
because Nursing Home A said she was dying and moved her into hospice. After
it became clear that she was not dying there was a meeting later in the
summer during which Nursing Home A said she could stay where she was till a
room became available at Nursing Home B. We got her back on the wait list
and luckily in the same position she was in. Her memory and agitation has
gotten worse and there was to be a meeting at Nursing Home A to discuss what
to do. Luckily a bed has become available at Nursing Home B so we are moving
her asap. Nursing Home A now wants to set a date for the 30 days notice so
they get more money. We don't think we owe them this 30 days notice because
they made it clear they wanted us to move her out.
Belle, Detroit, Michigan
A:
It depends on the contract. Anyway, if you feel this strong, don't pay it. Assert your defense in Court. Tough to predict. May depend on the "fine print."
Dear Mr. Reno:
I notified a tenant in Louisiana that I would not renew her lease when it expired in thirty days. If she does not pay the final month's rent, and leaves mid month, as she as stated she would, can she get away with this?
Nancy J., Louisiana
A:
Probably. The Court system just isn't quick enough to respond. By the time you get to court, the month's over.
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Published 2011-12-02
Dear Mr. Reno:
You've laid the ground work. The 30 days is up. Start the eviction today & good luck. I have a tenant who doesn’t want to leave. A lease wasn’t signed, it was all verbal. She’s renting on a week to week basis at $100 a week. I served her with a 30 day notice the middle of Oct. and she stopped paying rent because her boyfriend went out of town!!! Well he’s back and the rent still isn’t paid, it’s been 4 weeks now. She has two cats and is a chain smoker, the house smells horribly!! She has people in and out of the property at all hours of the night and is just taking advantage. What can I do??? Gloria Vasquez, San Diego, CA
A:
You've laid the ground work. The 30 days is up. Start the eviction today & good luck.
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Published 2011-12-01
Dear Mr. Reno:
Three years ago, my parents allowed my sister and her boyfriend to move into their second home, rent/contract free, to help them out with their financial. The boyfriend is abusive my sister and destructive to the property and now my parents want him out of the house. My sister wants him to stay. What recourse do my parents have? Can they evict him without evicting her, too?
D., San Diego, CA
A:
It wont work. They'll waste a lot of time & money, and even if they get him out- She'll just let him back in. So what's the point?
Dear Mr. Reno:
I rented an apartment to two people and am in the process of evicting them. Once eviction is complete I intend to file in small claims for the back rent. The question is can I file for the amount owed against both of them individually and hope to collect on one?
Scott D from NJ
A:
That's the way to go. You can get a judgment against both for the full amount, and you can collect the full amount from either one or portions from both, but once you get the full amount (if you're lucky) you have to release them both.
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Published 2011-11-30
Dear Mr. Reno:
I live with 2 roommates, we have a 3 bedroom 3 bathroom town home and its realy nice. We havent been getting along lately and we all want a change! But no one wants to move! We all signed the lease...but our property manager only ran one of our credit scores upon approval... does this mean she has more right to the property than i do? What would i have to do if i decide to get new roommates? Would they need a credit check? Are we all equal owners? Can they put me out since its 2 against one? i want to keep the place if they decide to move... What should i do?
thank you... I hope you can help me! BARBRA ROSE, LOS ANGELES, CALIFORNIA
A:
Unless there's a mutual agreement, you're all stuck with each other. No one can force anyone out-or in- except the Landlord will evict for non-payment, but that could be all 3 of you.
Dear Mr. Reno:
When i moved in to the house that i was renting i did not have to
Pay deposit, now that i moved out the owner (landlord) is trying to make me
Pay for small damages done while i was living there and a cleaning fee.I
Refuse to pay, he said he'll take me to court if i dont pay. Do i have to pay
him?
Hannah, G.
A:
That's an interesting question. This will end up in small claims court. Cleaning Fee: probably not, but if he can prove he paid for repairs, that's probably an implied term of your rental agreement and he will probably get it.
Dear Mr. Reno:
my tenant is withholding rent money because she wants me to
write a letter to the parking authority to let them know
that the 2 tickets she received was because she didn't
properly display her parking pass on my property. She's
been an obnoxious tenant, aggressive and threatened to hit
me. He vehicle will be booted unless she pays the tickets,
which she let go over due, as is her irresponsible behavior.
Just start eviction process?
thanks,
allentown, pa
A:
Yes, Once the tenant threatens to hit you, there's no turning back. Lines were crossed.
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Published 2011-11-29
Dear Mr. Reno:
I have a tenant in a one year lease that is expired on 12/31/2011. I don't want to continue the lease because she is ALWAYS late paying the rent. I am going to move back to the property in March of 2012. Should I give notification now or after the 12/31/2011 end of the lease ??. Thank you for your help Terrence L.
A:
Step One: READ THE LEASE. Anything relevant?
Step Two: In many states (like mine- NY) you're not required to give notice in this situation. But there's nothing wrong with doing it anyway. So for you, to be safe, give the written notice of non renewal prior to 12/1/11.
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Published 2011-11-25
Dear Mr. Reno:
I've an issue I rent a apartment, I let a friend stay. For over year we made a agreement verbal, that he'll help pay rent/bills...take note within this time he helped three times..and on the third one he stopped the check before it was cashed by the apartments were I stay...can I evict him for non payment or do I've give him a thirty day one ...because we did not make a lease? Thank You Rebecca, Michigan
A:
It's a close call. For non-payment, you have to demonstrate a "landlord-tenant" relationship. This sounds more like "friend with benefits". I think a 30 day notice would be safer.
Dear Mr. Reno:
The properties I manage are in Texarkana, Texas.
I have tenants that are behind and the owner of the properties want to know if she can have their wages garnished for the amount they are behind.
Thank you for your time
Jennye Cahoon-Shearer
De Kalb, Texas
A:
If you evict & get a money judgment;
If you know the employer;
if they still work there.
(A lot of "ifs")
Dear Mr. Reno:
I let someone stay at my house as a favor. He turned violent and I have taken out a restraining order against him. I gave him from September 19 to October 31 to move his stuff out. His stuff is out of my actual house, but it’s now jammed into my storage units on my property. I just want the guy gone, and all his stuff too. What do I do to make him take his stuff off my property?
Thank you!
Wendy Banchero, Washington State
A:
Tell him by Certified Mail he's got 30 days. Then, dumpster.
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Published 2011-11-24
Dear Mr. Reno:
My husband owns a house in Atlantic Iowa. His renters have been renting for 7 years. The first 5 years they paid the rent on time but the last 2 years a month or two or three may go by before he gets the rent. It is now November and they owe us for 6 months rent. On top of that, we went by the house this past weekend and it is TRASHED. My husband cannot find his lease agreement, and is now questioning if they even sent it back to him. My question is, if we evict her and take her to small claims court for the back rent, do we even have a leg to stand on? Or will it be thrown out due to not having a lease? Please let me know, thank you.
Alyssa, Iowa
A:
What are you waiting for, a house to fall on you? Evict these people today! (Why are you still sitting there?)
Dear Mr. Reno:
My father has been renting his home to my brother and sister-in-law for the last 3 years. My brother deceased 3 months ago. My sister-in-law moved out of the home 3 months ago and established residence in an Apartment. My father is trying to gain access to the home to get it ready to rent. My sister-in-law is not responding to his phone calls. We are not sure if there is personal items in the home and have no key to enter.. There was no contract ever drawn for the rental of the home. What is his legal rights as far as accessing the home and dealing with what is left of her personal belongings.
Thank you
Julie, Kansas
A:
You say she's out- retake possession. Bring witnesses & video cameras to prove the house was vacant when you bust in. But if she's got a lot of stuff there, you may have to re-secure the house and evict.
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Published 2011-11-23
Dear Mr. Reno:
Can you successfully evict a tenant for lack of payment in the dead of winter if children are involved? Thank you.
Sandie Barton, New Hampshire
A:
Yes. (Kids might get them an extra month- that's it).
Dear Mr. Reno:
Do I have to give a 3 day written demand for rent or can it just be oral if there is no lease? I dont want them saying that we gave them no proper warning before the petition & notice of petition was sent. I live in long island NY and although the apartment is legally zoned we do not have a rental permit. Thanks John R., NY
A:
It can be oral. This requirement of a demand, though a legal prerequisite, is rarely enforced or asked for. But since you're so worried about it, why don't you give it to them in writing so you have proof.
Dear Mr. Reno:
My tenant was unable to pay her rent for two months, then informed me by email that she was moving out. She still owes me back rent, but left all keys on the kitchen counter, and cleared the house of her belongings. She also left some junk on my driveway, and emailed me some charity would pick it up within a week. However, by the end of the entire week (Sunday night), none of it had been picked up. At that point (five days after move out), I used a junk removal service to remove her junk from my property.
My questions are:
1. Am I legally obligated in GA (my home state) to wait a certain period of time before disposing of junk from my property?
2. Am I allowed to seek reimbursement of disposal fees in small claims court?
Thanks.
Riyadh, GA
A:
1. It's junk. It was abandoned outside. I think you're O.K.
2. If you insist.
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Published 2011-11-22
Dear Mr. Reno:
How long do you have to give the previous occupants to remove there personal belongings after an eviction. I know they have 15 days but do you have to give them all 15 days?
Thank you
Vincent G., California
A:
Give them the 15 days for Pete's sake! Will it kill you?
Dear Mr. Reno:
My tenants are 2 months into a 12 month contract. In my county if the garbage is in renters name and not paid a lien is placed on property so unfortunately it is in my name. They are three weeks delinquent on a garbage bill. They have not responded to calls, emails or texts in over a week.
Also, today I spoke with my landscaper (whom I pay for) only to find out 2 more concerning items. First of all, he stated my tenants have a pet in the yard that is destroying the lawn...which they never disclosed. There is a clause in my lease for a pet option, but there is a required pet deposit and required pet information...neither of which have been disclosed. The second thing I was told is that they have been placing a marijuana plant outside to dry in the sun. This is making my landscaper uncomfortable and me very unhappy.
I have yet to see either. I am going to call my neighbors to follow up on the pet situation.
Given these few items, what can I do? Can I terminate their lease for breach of contract due to the pet? Can I terminate based upon the marijuana plant? What if they have a medical marijuana card (very common in Oakland)? Do I need to contact the police?
I only anticipate more problems from here in out...any suggestions as to what I can do?
Thank you,
Shayda B, Oakland, California
A:
The key word here is "can't". You can't do anything. If the rent's being paid you're stuck with these people until the lease is up. You want to evict them for a lease violation, knock yourself out! That dog will disappear the day before court and reappear the day after. Been there. Done that. You may force them to pay the garbage. Maybe. But that's about it.
Dear Mr. Reno:
Apartment building owned by my family. My exhusband and I used to live there but lease was only in my name. I left him and we are done with the divorce but he doesn't want to leave and he is not paying rent. He says the lease was binding for him since we were married at time. Does my family just follow regular eviction process and is he technically on month to month lease. He says he has rights to stay there because he is low income and has a child (not mine) and lease was binding towards him since we are married. Is he right and how can I get him out?
Eilleen B., Illinois, Cook County
A:
Yes, they can evict him like any other tenant. It might complicate the divorce if it was pending, but you say that's over with, so your family is cleared for take off.
Dear Mr. Reno:
My tenant gave me thirty days notice and told me that he is going to use the security for the last months rent. I told him no that I will give him the security back at the end of the month once the walk through was done. He is refusing to pay the last months rent and told me that he is using the security anyway. What are my options?
Thank you,
Matt, Charlotte, N.C.
A:
I get asked this almost everyday. It's a dilemma. You could start the eviction now for non-payment and deal with the aggravation & expense all for nothing if he vacates as promised. But if you do nothing and he doesn't leave, you've wasted a month and started late. Damned if you do, damned if you don't.
Dear Mr. Reno:
Hello, I'm a landlord in Ga. In July one of my tenants agreed to terminate
her lease because she defaulted by having someone not authorized live with
her. The final bill for repairs was ready Aug 30. Due to unforeseen
circumstances, the bill was not mailed until October 29. My tenant is
arguing that too much time has passed. Can I still collect on the repairs
cost?
Jeannette, GA
A:
Legally, The statutes of limitations (time limits) vary from state to state but they are a number of years not months. In NY, you would have 6 years to sue for damages. Legally, you can still sue.
Here is a State Statute of Limitations Chart
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Legal Disclaimer
The Landlord Protection Agency's "Ask the Attorney" column is for informational and entertainment purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney - client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.
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