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 2011-11-16

Dear Mr. Reno:
Im living in a house with 3 rooms, one that I use as my own, the main renter whos name is on the lease, has left state because of legal issues. My name is not on the lease because she has rented to me and didnt make me sign anything. I know she took my money that was suppost to be for rent for her own profit. I have no place to go since I live paycheck to paycheck. Im wondering if its legal to stay in the house that the main renter has left? Will there be legal action taken if the property owner comes and finds that its just me living at the house?

Chase, Michigan

A: Sure, hang out. Have a ball. They'll evict you eventually- but no legal action against you.

Dear Mr. Reno:
I have a 5-unit building in Maricopa County, AZ. My rental agreement says tenant will pay for clearing drains they clogged up, and further they are responsible for all damage caused by neglect. It also says no repairs may be made by tenant without written approval of landlord.

Tenant called and said they had 2 clogged drains and had called a plumber. I told them to have plumber call me before doing any work, but they did not do that. Plumber charged $344. Tenant then informed me that according to the plumber and her "Lawyer", I'm responsible even though both clogs were within the apartment. She then agreed that the bath drain was definitely hers, and she would pay it ($116), and would split the rest with me. When she paid the rent, she deducted the whole bill.
What should I do?

Tom Csaszar, AZ

A: 1st; Send her a notice of default. She didn't pay the rent.
2nd: Make her an offer of settlement (share it) "prior to the commencement of eviction proceedings."

Published 2011-11-15

Dear Mr. Reno:
I own a 24 unit apartment building in Ohio. I have had a bed bug problem for the last 2 years. My last months pest bill ran me over 900.00. Is there any thing I can do to hold the tenants responsible. I treat there unit and shortly after they get them again. Usually by a visiting tenant who's unit is infected. I tried to tell the tenants that they will be responsible, but there is really know way of knowing / proving exactly how the unit was infected.
I appreciate any advice.
Thanks

Ryan, OH

A: It's very unfortunate, but in your last line above you answered your own question. You can never prove it.
All I can do is quote Bill Clinton and say "I feel your pain" Landlords can almost never hold tenants responsible for bugs, even though it's almost always their fault. Que Sera Sera. (I'm all out of sayings.)

Dear Mr. Reno:
Tenant A moved out with no notice and left the place a disaster. I have pictures and local police have also seen the property. Tenant B (whom rents another unit) is tenant A's brother and now wants Tenant A to stay with him. We told him he was not allowed on the propery. Tenant B told me I did not have a right to tell him who can and cannot stay with him. Tenant B is behind $150. for Oct rent and has not paid Nov rent which was due the 1st. (yes i did give him a 3 day to pay or quit notice). Even if he was current on his rent do I have the right to tell him who can live with him. Also is it 7 or 14 days for the state of Montana before they are considered "residents"?

Bonnie, Montana

A: Can't Can't Can't. Unless your lease specifically limits occupancy to the individual tenant, you can't tell them who can't stay. Even if the lease gives you this right, these clauses are almost impossible to enforce. Plus, some states say you can't exclude family members. Proceed on nonpayment?

Dear Mr. Reno:
My boyfriend and I moved into an apartment in January. The relationship ended when I found out he had not been paying the rent which he had agreed to pay. I have emails documenting “I pay the rent”. I got an eviction letter, paid over $3,000 of my own money and got a loan from a friend for $2,500 more to pay. The relationship was becoming violent so I moved out on October 15, 2011 and terminated my lease as of 10/31/11.
He vacated the premises on 11/3/11 and had signed a new lease in a new apartment building as of 11/1/11. He is refusing to turn in his keys demanding half the security. At this point I will get $400 dollars back and I too contributed to the security.
He paid hardly any of the rent and his name is not on the lease and he is saying that he is “not all moved out and will take his time doing so”. All his furniture is out and he does not sleep there..
The landlord agreed to change the locks and he stopped them. He says its 100% illegal to do so. I have texts from him documenting he was out on the first. What are my options?

Courtney G – NYS

A: It sounds like this creep is going to make you both lose your security. You're both out. Is that what we're talking about now? The security? There's always small claims court, but is it worth it?

Published 2011-11-14

Dear Mr. Reno:
Had tenant leave early with damage. Want to place an eviction and judgment on her. Do I need to go through whole eviction process?

Brad W., Pa

A: It's too late for Eviction Court. Tenant's gone. Small claims Court now.

Dear Mr. Reno:
We had just rented out our home Oct 31st. We have a two year lease with them. We called and got a reference from there current landlord and she had stated that they were good tenants and she had not been in the home to see if there were any damages but didn’t except any. So anyways we rented the home to them I went over two days later to fertilize the lawn and notice a screen rip out of a window muddy hand prints all over the siding. Then today the previous landlord called me and told me how disappointed she was with them. There was writing all over the walls, fridge door was bent, bathrooms floor was ruined along with the carpet. So now me and my wife are sick to are stomachs. Is there anything we can do to terminate the lease it’s been 3 days and the home is in worst shape then the whole 5 years we had it. I can’t even image what it will look like in 2 years.

Clint Roberts , UT

A: Too late! Too late! If they're payin', they're stayin'. Stop giving long term leases. Start with 6 months next time.

Published 2011-11-12

Dear Mr. Reno:
I am having my daughter (21 yrs old) evicted from my house. I am the only one on the petition. Can her step dad serve her? He also lives in the house.
Thank you. Linda

Linda, New York

A: Yes he can. But you should always use someone who can appear in court in case they contest the service.

Dear Mr. Reno:
I have a renter who has not paid rent. I have started the eviction process. She knows the process and says she won’t leave until the day the courts tell her she has to be out. The problem is she has over 15 cats in the house and is not caring for them properly. The house smells horribly. I’ve asked her to at least get the cats out.
She will not. What can I do to get these cats out to stop any further damage of my property?
Thanks.

Sandra Forbis, MO

A: Probably nothing, but you can call the ASPCA and the Health Dept.

Dear Mr. Reno:
Landlord dies with no will. The estate will be broken up into thirds between wife, sibling one, sibling two.

Sibling one lives on property. Sibling one was to pay rent if desired, but not necessary per landlord. Property is paid off. Sibling one did pay rent, sometimes. Landlord is the father. This property is not a rental and WAS to be passed on to the siblings. Property was inherited to landlord by his grandfather through an un-reversible trust. (Property was to stay in family, not any spouses)

Now that landlord passed, without a will, can sibling one be forced to pay rent by wife? Wife is assuming there was a verbal agreement, and is trying to charge sibling one rent.
Thank you for any info.

Kirstin D in California

A: Estate will be probated/administered (whatever they do in Ca.) Then Executor/Administrator is appointed (maybe wife?) and that person evicts sib one unless rent is paid.

Published 2011-11-11

Dear Mr. Reno:
I need to get someone out thats not on lease but im not the homeowner. I rent what to do??

Lennon Sterling NY, NY

A: You're in NYC (tenant's paradise) We're talking spring/summer 2012. This is complicated- It starts with a 30 day notice. You can call Bernadette (516) 228-0033 ext. 203, but it'll cost you big time.

Dear Mr. Reno:
My parents have a condo they rented out to a family in Virginia starting January 1, 2010. The lease said that at the end of the first year, the lease would become month-to-month unless an agreement was signed. The tenant never signed another yearly agreement therefore we're on a month-to-month contract. Starting in spring of 2011, the tenant started having problems paying bills. Various reasons were given and my parents have tried their best to work with them and by October they were 3 months behind. Per contract, we sent 30 notice to vacate (November 30) due to nonpayment and landlord not renewing the lease. The notice gave an incentive of not charging them for November rent if they left by the 5th, but that day has already past without them moving. By end of November, they would've owed 4 month rent.

Now my parents have a buyer lined up to purchase the apmt under the assumption the tenant will move out by Nov 30th. We want to make sure that the tenant won't cause problems with this sale, but we don't trust that they are actually trying to move out of the apartment by the end of the month as they said they would. We've been told that eviction processing could take months, but we don't have that kind of time to sell the apartment.

Can we go to court to schedule a hearing before end of the month, understanding the tenant has up to Nov 30th to move out? If not, when is the appropriate timing to go to court? What can we do to expedite the process? Is there anything else we can do to encourage the tenant to leave the apartment soon?

Jeff, Virginia

A: You could get there by 11/30, but you should start the eviction, like yesterday. Here's a suggestion, send them a letter stating that the purchaser/realtor/your attorney (pick one) has directed you to commence a proceeding as a precaution, but if they vacate 11/30 as agreed, it will be withdrawn.

Published 2011-11-09

Dear Mr. Reno:
We were served an eviction notice but are not even in the property, a church property in Dallas, TX. This is an internal church matter with a larger denomination and we were given occupancy by the large denomination. There was a woman with whom we fought a legal battle with (very long story) and she and her attorney have a personal vendetta. Our occupancy agreement from the deed holder was not up until December 31, 2011. We have already moved out, but her and her attorney served our Pastor at his home with an eviction and are trying to get rent which they are not owed (we never had a lease or rental agreement, we were allowed to use the building for free). We are just being harassed, we aren't even in that building. How can they serve us an eviction notice on a building we aren't even in? How do we let the judge know this in advanced?

Mrs. Charles, NY

A: If you're on the Island, call me (631) 667-RENO. Otherwise, what can I say? You've got to let the process unfold. I've never heard of what you describe. It's very weird "the original eviction letter was lost." What is that? But it is what it is. Don't give up.

Dear Mr. Reno:
We own a rental home in Frisco, Texas. In 2010 we had a tenant that shut off our sprinkler system and soon there after the house began to have foundation problems. We increased watering the movement ceased and a crack in the ceiling of the master bedroom went back together. The tenant broke the lease in October 2010 and move out without leaving a forwarding address. I kept the $1,000. Deposit. I learned from the tenant’s wife their prior home had the same issue, he just does not like paying for water.

The house we are released in November 2010, once again the next summer, the hottest in 100 years in Texas, a tenant shut off the sprinklers after getting a $139.00 water bill, this time the foundation shifted even more, causing two cracks in the master bedroom ceiling, even worse than before. The tenant moved out last week and I still have the $1,000. Deposit. Repairs are estimated at over $3,000.

What recourse do I have? While both summers were records for heat, both renters were negligent? The first knowing what he was doing the second a woman who I believe had no idea the damage being done by shutting off the sprinklers.
Thank you,

Brad Pierce, Dallas, Texas

A: This must be a Texas thing or a south thing. I've never heard of this. I know of no legal obligation of a tenant to run sprinklers. You can sue in small claims court- but only if the lease requires it.

Dear Mr. Reno:
I have a tenant that has lived in the same apartment for 2 years with her fiance , this year when I sent the renewal, she said "I will send it through" in email, but never did, because she lived there for so long, I never ran her down for it. Now midway ( 8 mths) into the lease she has give notice and states she does not have a signed lease. Is this accurate, I have all her payments, which are constantly late. I originally has 2 months security but before she gave notice, she asked to used of the the month due to being there so long. Thanks

Karen B., Washington Heights NY

A: Are you saying she DOES have a signed lease? Based upon what? Wishful thinking? That doesn't get it done.

Dear Mr. Reno:
In process of eviction of current tenant for non-payment of rent, the court date is Friday 11/4. In retaliation, the tenant has removed all baseboard heating elements from the house and called the City Code Enforcement Division to get me in trouble. They have given me a date of having it corrected by Friday 11/4 or they will have to condemn the property and tell the tenants that they will have to leave. I am hesitant to install new baseboard heating while she is still there as she might just steal them again! The tenant has also denied any access to the house and I am sure in order to get inside, I will have to have the locks changed. As long as I notify the tenant that they can contact me or my rep. to gain access to remove their remaining property, is it legal for me to have the locks changed and have some security in order to have the work begin and not have her cause further damage. And the heating is not the only damage she has caused, there is a bucket list coming from the inspector of other damages caused by her.

Karen, Virginia

A: O.M.G. Yes, you can change the locks- but you better be able to prove tenants were given access.

Published 2011-11-07

Dear Mr. Reno:
We have a tenant on Section 8 and she is responsible for a portion of the rent. She paid the first 2 months, then just stopped paying her portion. She owes 4 months of rent if you count this Nov. We began the eviction process and are awaiting a court date. She is contacting different charities to cover her missed months. If she comes up with the money, do we have to take it, or can we still go to court and proceed with eviction? We want her out- we cannot afford her not paying and are going to fall behind in our mortgage payments if this continues. Her lease is up April 30, and we have a family member waiting to move in then.
Thank you,

Mrs. M, New Jersey

A: Yes, you have to take it. If they're tendering the rent, as far as the court's concerned, it's "CASE CLOSED".

Published 2011-11-06

Dear Mr. Reno:
I have a Durable Power of Attorney for my father which gives me the authority to handle any business matters for my Father (as well as medical.) We have a family member who has been living in my Father's house for over 3 years now, and hasn't been paying rent. There is no written contract, only a verbal one. Until recently, even the utilitites were in my Father's name, and the family member refused to pay them as well. We have given them notice that they have to start paying rent to me, but we have no confidence that they will pay. They have been abusing my Father in many ways, and my Father is intimidated by them. How can I get them out of the house legally?
Thank you,

Page W., South Carolina

A: I am seeing this, more & more. Family members- taking advantage of each other. They're low-lifes. You evict them the same way as any deadbeat tenant- But Dad has to back you up.

Dear Mr. Reno:
Our current lease expires on 30 Nov 11 and states "with month-to-month thereafter". On 30 Sep we advised our tenants that we would not be renewing past the 30 Nov 11 expiration date; however, they are refusing to vacate on that day and insist that, because of the month-to-month clause, we are legally required to renew if they want to stay.

(BTW, they have been consistently late with the rent throughout the term, currently 2 days late with Nov rent, and are in arrears for late fees despite our requests for pmt)

Q: Are we legally required to renew beyond 30 Nov?
Thank you for your assistance...

Nancy Oshel, TN

A: I can't think of any situation (besides rent control) where a Landlord is obligated to renew a lease.

Published 2011-11-05

Dear Mr. Reno:
I had a tenant abandon her apartment and move out of state 3 months into a 12 month lease. By the time I discovered this and re-rented the apt. the tenant owed me $2500. She has not, however, responded to any of my e-mails. Can I file in a California small claims court to recover what the tenant owes me?

Barbara, CA

A: I am assuming you want to sue in Cal because that's where you live. That's a problem. Small claims makes you go to them, which makes sense because you wouldn't want someone dragging you to Florida to answer a $300.00 claim, would you?

Dear Mr. Reno:
Friend of mine decided to move to CO from Nevada. He has applied for a rental house in Canon City, CO. He did not see the property before applying. The by-mail application was approved, however no lease was signed yet. Unfortunately, before he arrived, my friend asked his son to give the prospective landlord a check with security deposit and two months worth of rent. The check was not supposed to be cashed until the lease was signed. Friend arrived from Nevada, saw the rental and decided not to rent it after all, as it was filthy and in disrepair. It turned out, the rental owner cashed the check as soon as he received it, causing overdraft fees to the son’s account, as the money wasn’t there, because the check was not supposed to be cashed before signing of the lease.
How does my friend get the money plus the overdraft fees back? Does the rental owner have the right to keep the money? He stated, that he would keep the deposit and one month’s rent for breaking the lease. No lease was ever signed.
Regards,

Margaret, Pueblo, CO

A: Contrary to popular belief, there is no law that a rental agreement has to be in writing. Some rentals have written leases, but some are just verbal agreements. So this is a quandary. Did your friend's payment constitute an agreement to rent? I can't say for sure without all the facts, but it sounds like it did. He can sue in small claims court to find out, and i think he should, but he'll have to do it in Nevada.

Published 2011-11-03

Dear Mr. Reno:
I have a friend that is the middle of a divorce so I allowed her to stay with me temporarily while she finds another place. She has given me some money to help with the extra electric, oil and so forth. She has been there about four months. Well she now moved in another family member without notifying me and I've asked her to leave a month ago and she still remains. There is no lease, this was a favor. How do I get her and her family out of my home. Can I call the Sheriff and have them removed?
Thank you.

June, New York (Nassau County).

A: Same as the last question about the 21 yr. old. No rental agreement, really. It's a 2 step process (1) 30 day notice; (2) Eviction. Call me. (631) 667-RENO

Dear Mr. Reno:
What is the process for evicting a child over age 21 that is living in your home paying no rent?

Bill Corrigan, Suffolk County, NY

A: He's what's called a tenant at sufferage. He gets a 30 day notice 1st. Why don't you call me- I'm in your area. (631) 667-RENO.

Published 2011-11-02

Dear Mr. Reno:
Hello, can I evict my son, daughterinlaw and infant grandson? I have no written lease? Just an oral agreement. My son told me he cant afford the payments, and I want to evict him.. prior to this he was paying me $1500/month.
Thank you

Steven R.

A: Yes you can. Just like any other non-payment. (I'm seeing this a lot lately.)

Published 2011-11-01

Dear Mr. Reno:
Hi- We have a rental where we have given a lease option to a tenant. They put down $2000 option money and a rental deposit of $1500. That was 2 years ago. We have credited $200 of each $1500/mo rent toward the option, if it is exercised. We opened an escrow, and $500 of the option money was left in escrow, they recently called escrow and asked for it to be returned to them and the deal cancelled.. They will probably ask for the rest of the option money if we cave on this issue.

The tenant buyers have recently declared bankruptcy, and indicate they can't complete the purchase. However, they are demanding the balance of the option money in escrow be returned to them, since the value of the property has dropped.

Neither is clearly in the right, as they cannot exercise their option, and if they could the property would probably not appraise out.

We believe that we kept the property off the market for 2 years, waiting for them to get qualified, (they talked us into the option plan due to credit issues in the beginning), and that was what the option was all about. In the meantime we have already lost the $40,000 we put into the property, and will probably have to sell it as a short sale, as the short term rehab first mortgage is now due.

It does not seem fair that we should refund the option money. We have no problem about the deposit, if the place is left in good shape and the rents are current, when they move. We also reduced the payments by $200/month, since we are no longer applying it toward the purchase. Their rent is now $1300.
What is fair? What is legal?
Thanks-

Vic Pasnick,

A: Keep it.

Dear Mr. Reno:
I have a tenant in Queens NY who is stating that they are going to live the security deposit. How do I stop them from doing this?

Danny, NY

A: You can't really stop them but the question is, should you start a non-payment proceeding now (for non-rent) or wait to see if they leave as promised. That's the perennial landlord deilemma.

Dear Mr. Reno:
Background : We are 1 year into a two year lease with a tenant. Due to an oversight/miscommunication, my husband paid the sewer bill for this past year for this rental and we neglected to pass the cost to our tenant even though the signed lease (dated a year ago) states the tenant is responsible for sewer costs.

Question: Can we charge them retroactively for this past year and can we begin pass the cost to them as we pay it quarterly this year even though we did not forward the cost as we should have?

Mary Lou Nowak, Property in NJ

A: You can. How much are we talking about? If it's a lot, you should let them pay it off over 6 months. If it's a small amount, you should just eat it up.

Published 2011-10-31

Dear Mr. Reno:
I have a friend who has been trying to sell his house and the people purchasing the house were going thru with their loan and asked if they could go ahead and move in and just pay his payments until their paperwork when thru. He agreed thinking everything was going thru ok. However, 4 months later, they cannot be approved for the loan and are tying him up in selling the house by them living in it and paying their "rent" with checks post-dated for 2 weeks late about every time. How does he need to go about getting them out of his house. These people are a husband and wife with no kids and have tried multiple companies to get a loan with and cannot be approved to buy the house. There was no written agreement made and their terms for moving in was that they were supposed to be closing within the 1st month there. I would greatly appreciate some advice. Thanks.

Angela, Virginia

A: This shouldn't be a problem. It's a month to month with no lease and no written contract to purchase.

Give them a Notice to Vacate. Maybe too late for 12/1. Try for 12/31/11 or 1/31/11 to be really nice. Then, it's E-Court.

Published 2011-10-28

Dear Mr. Reno:
When I first rented to the current tenent I quoted $500/month as the house (newly pruchased as a repo) was in bad shape. I invested $15,000 before they moved in and the house is in good shape now. I increased the rent to $550 for the second year. The renter notified me they would be moving out Nov 1st so I advertized for new renters at $750 as that seemed to be the going rate for this area. I have gotten 9 inquiries in 3 days. Now the current renter informs me he may not be moving because of problems with the property he is buying. Question: if he stays can I legally raise his rent from $550 to $750? If not, how much can I raise it? The second lease he signed Nov 2010 expires Nov 2011.

Lowell Swift - Michigan

A: Notify him now that if he wants to renew the lease for 12/1/11, the rent will be $750. Otherwise you're not renewing. How's that?

Dear Mr. Reno:
If I am starting a hold over in NYC and do not know the illegal tenants names-so we list them as John Doe and Jane Doe. When I go to serve them and of course service would be substituted service; does my process server (a non party) who mails out certified mail copies of the petition to the tenant, does he also mail copies to John and Jane Doe, or is this just a formality? Thanks.

Mark Fogel, New York

A: Yes, you need to do the mailing to John & Jane.

Dear Mr. Reno:
Good morning.
I am a widow and need the rent from my duplex to live on. A tenant just moved out and has trashed the place including the carpet. The lease said no animals and that was ignored. They did not pay the rent the last month. What can I do to get the money from them for all the damage? I do not live in the same state as this rental and i have a property manager. I have a new tenant in the other half and something needs to be done so she does not feel she can do likewise. I am eagerly awaiting your reply
Thank you.

Florence

A: Well obviously you would need to commence a law suite of some kind b/c you can't do anything as far as collecting w/o a money judgment. Is it worth it? Probably not. Why don't you let your property manager talk to a local attorney.

Published 2011-10-27

Dear Mr. Reno:
We are landlords in the state of PA. A tenant had given a 30 day notice on September 15th with a move out date of October 15th. She was under the incorrect assumption that we would prorate Octobers rent for the 15 days. We had informed her that this would not happen - that we required the full months rent due on the first of October and that if not paid all fees would incurr and further action would be taken. We also informed her that we would try to rent the home asap and if we would rent the home before the end of October the difference would be refunded to her. She agreed but once October first came and she stated she would not nor could not pay rent and if we were going to charge her for the full month of October she would stay until the end of the month not until the 15th. She stated she assumed we would take Octobers rent out of her security. We posted her with a 10 day notice to pay or quit. She moved out on the 15th but did not make a payment towards Octobers rent. We had collected a security and also a pet security. The home did have damage that exceeded the balance of the security after Octobers rent was subtracted.
Our question to you is:
There was no pet damage to the home - can we take the balance of "people" damage out of the pet security?
Thank you,

Ann and Jim, PA

A: No. Unless you have a specific claim in your lease that allows you to do that. You don't? I didn't think so. well, I guess we landlords can't always think of everything. Sorry.

Dear Mr. Reno:
I had a flood in my basement apt causing black mold .I fixed the water problem, but my tenant would not allow me in to clean up the mold. I ENTERED HIS APT WHEN HE WENT ON VACATION BECAUSE IT WAS NECESSARY TO GET RID OF THE DANGEROUS MOLD. HE CLAIMS THINGS ARE MISSING FROM APT AND WILL NOT PAY RENT UNTILL I GIVE HIS STUFF BACK. i CAN'T DO THIS BECAUSE I NEVER TOOK ANYTHING OUT OF HIS APT. HELP.

Louis C, New York State

A: You have to start a non payment proceeding (eviction) today. You may be in trouble for trespassing and theft (not criminal trouble) but this has to be resolved one way or another. Otherwise, this guy will live free forever.

Dear Mr. Reno:
I have Tenant's which are 17 days late paying the rent. What's the best legal way to evict them.I don't know the procedure. Please advice.
Regards;

LPA member Karl Vo., Warren, MI

A: The specific procedure varies everywhere. You have two choices:
1. Hire local attorney;
2. Go to the court and ask the clerk (or visit their website- if they have one.)

Dear Mr. Reno:
I own a mobile home park and i am trying to evict a month to month tenant that Rents a mobile home in my park. My first question: I served him a 30 day notice to vacate my putting it on the door and i never did an affidavit of service. Did I screw up my Serving it myself and in that matter?

My second question is that since it is getting close to the end of the 30 day notice and he has not moved, it is looking like i will be getting a notice of petition and petition for a hold over case together. I know it has to be served at least 5 days prior and not more than 12 before the return date but is that business days? or calender days?
He is a difficuilt tenent and i want to do this right.

Scott, Dover, NY

A: 1. It's 5 or 12 calendar days.

2. On the service- there's what we lawyers call a split in authority on this. Some cases say serve it like a summons (can't be you); others say as long as the service is "calculated to give actual notice". So I can't answer and stars your petition and find one in court. (You'll probably settle anyway.)

Published 2011-10-25

Dear Mr. Reno:
I have a crazy, hostile subletter in my 3 bedroom duplex which I rent. She has been there 24 days. She has given me first months rent (Sept) and partial second months rent and a security deposit. I told her if she would leave Friday I will refund her partial second month plus deposit. Via Cashiers check - once she is out and gives me the key.

She says she is taking me to court and suing me for damages and defamation of character. She says she will not leave. I have already brought in the police.

Can I lock her out - hand her a cashiers check and her suitcases and shut the door? I do not want her here past 30 days. She is not on the lease.

I don't want her money. I just want her gone.

Dorothy B., NYC, NY

A: NO, NO, NO - you took rent from her - she's your tenant - you'll have to evict. Sorry!

Dear Mr. Reno:
Here in New Hampshire I have a tenant that has signed a 1 year lease. Four months in they said they were breaking the lease and left to signed new lease elsewhere. I have a 1000.00 security deposit. How do I hold them to the lease and do I give back the security deposit? I have been trying to find a new tenant and have had no luck thus far.
Thank you,

M Schloesser, NH

A: That's a complicated question. Does your lease say you can keep it? If not, you probably can only hold it for repairs. In any event, you can sue the tenant for breaking the lease, so maybe you should hire a local attorney for that and take it from there.

Dear Mr. Reno:
Hello. I had a tenant whose lease expired and he stayed as a month-to-month tenant but I found out that he had illegally sublet tenants in the apartment and the subletters are not paying rent and the original tenant wants to back out of the whole situation and wants me to evict the squatters. How will I go about evicting them? The squatters are very rude and hostile. I don't even know there names. I also feel that he will retaliate by making false claims to the city or creating problems just to get violations on my house. They have already literally destroyed my house so I know I would get a violation if he does call the city. How can I go about evicting such people?

I am located in Brooklyn, NY. This is a 2 family house.
Please help me.

Kama Sal, NY

A: You're in that NYC war zone. The sub-letters are the tenant's problem - not yours. Let him evict them. But if you're not getting rent from your tenant, you evict him and everyone is then out. In other words, you can't evict his friends for him. For a lawyer in NYC, call Bernadette 516-228-0033 ext 213 but it'll cost you.

Published 2011-10-24

Dear Mr. Reno:
Can I serve a 3 day to quit notice based on damages within a household (ex. Holes in the wall, pet stains, ect.)? there is no written contract/lease, all verbal? If not, how can I get this person out of my house this weekend?! I have a tenant that verbally agreed to move out on the 15th of October and now she is not leaving.

Brent Parrino, Los Angeles, CA

A: Sorry. Weekend's over. How'd you do?

Published 2011-10-23

Dear Mr. Reno:
Hi I am a brand new member of The Landlord Protection Agency. I would like some advice from the LPA's attorney and the members, please.

Facts: My property is in Prince William County (PWC) VA. Tenant signed VRLTA lease which I got from a real estate NVAR association. PWC pays all rent, no tenant portion. She is getting a disability pay as she said she had hypertension. My husband has had this for 20 years and after serving the Army for 20 yrs, he still has to work 50 hrs a week, and did not get social security disability pays (this will probably be my next crusade to open our government’s eyes about reducing spending on so called "entitlements" on those who really do not deserve it.).
She keeps the property in good conditions which I appreciate it. She does not work as it will reduce her disability pay so she cleans the house all the time. She has time on her hands and seems to be OCD. Problems:

1. There was a pipe leak issue which I took care of immediately. She demand that I need to give her 24 hrs to access the house so that she could plan not to have her 3 sons play in the basement. I told her that it's not like you lived in an apartment or a condo, you live in a 3 finished level end unit townhouse with is about 1800 sq+ a deck that you could have your sons play somewhere else in the house. She did not like what I said. I learn now not to say anything.

2. She told me in a subsequent telephone call about the repair that she was recording the conversation. I warned her that it's illegal in VA to do so without the party's permission.

3. She wants me to use U.S mail to let her know when I or anyone will access the house. She is very hostile and uncivil to me. I contacted her via e-mail informing her when the contractor will go back to finish the job and when I will go to inspect the work which I gave her 2-3 days notice.
I called her and asked her to check her e-mail on my notice above. She told me that she talked to Housing Counselor and that I need to contact her via U.S. mail only.

4. I have seen her has had guests visiting for >2 weeks now. My lease states the permission is needed if occasional visit by guests is not more than 2 weeks. The neighbor told me he saw a man smoking in the back yard and there are usually many people in and out of the house. In my lease states no smoking is allowed in the property.
My intentions:

1. Want her out of my property for violation of lease agreement on guests staying more than 2 weeks. HAP (housing assistance payment contract) has specific names of persons who may reside in the unit. Other persons may not be added to the household without prior written approval of the owner and the PHA (HUD). At a landlord briefing, PWC told us to look out for boyfriends or anyone not on HAP contract living in the unit. This is a no no for them and the tenant may lose voucher for this. Do I have to let her remedy this issue by get rid of the extra occupants before I can evict her?

2. I want to terminate the lease with giving 30 days notice due to problem 1-4. Although, #4 is probably the strongest case I have against her. Do you think the hostile and uncivil acts and un reasonableness of US. Mail only notice to her 24 hrs for me to access my property will help me get her out as well? My lease did not have such 24 hrs notice stipulation, especially with emergency such as leak repair. On the contrary, it says that landlord or designated rep can enter the property without notification.

3. I would prefer that she will agree to termination without me having to evict her. But, I want to do the steps correctly so that I don’t lose any time and or be in disadvantage to win an eviction. She will lose her voucher if she is evicted which I like to see that, but prefer not to spend more time at this point. Since, she has time on her hands, she may fight back by going to get free legal service. On the other hand, I have to pay for a lawyer which is another reason that I don’t want it to go to court and have little time.
Sorry for a very long first question. I appreciate your guidance/advice.

Ratana Dong, VA

A: Yes, that was way too long. You have to wait for your lease to expire. Otherwise, what you're suggesting is an eviction "for cause". They don't go well. That's why they're so rare. I've sat in court though about 10,000 evictions. About 8,000 of them were for non-payment and the other two thousand were for expiring leases. Only three, that's right, three were for "cause", one of the three landlords' lawyers was me and we all lost. So good luck with that.

Dear Mr. Reno:
Two friends of mine are renting a house for the 2011-2012 school year. They paid the security deposit of 4,500 including half the first months rent WITHOUT signing the lease or an application and have no receipt of the payment but obviously have the check images from an online bank statement. So they got the key still without having a signed lease, started to move in and the one father who is a building inspector (not house) realized there was mold EVERYWHERE. They called the state and told them and they looked up the house and it hadn't been inspected for years. Clearly they want out of there but will they be able to get their money back? and if not do they have a strong claim in court due to the inspection or lack there of? Thanks for your help

Chris

A: Here we go again with the mold thing.

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