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 2011-10-17

Dear Mr. Reno:
I have a non responsive tenant who is almost two months behind paying rent. I have served a 3-Day Pay Rent or Quit notice and I have also mailed it to them as well. They have basically stopped answering phone calls, won't answer the door and the blinds are always closed. I am meeting with an attorney tomorrow. I'm really curious how a process server will be able to serve them an unlawful detainer summons if they are so unresponsive. Also, I am going to go after them to collect any thing owed to me i.e.; back rent, late fees, and any damage they may have caused. Is this all taken up in small claims court? Thanks a lot

Tim Doherty, California

A: Usually the Process Server will tape or tack the notice to the door after he makes however many attempts are required in your area. As for the money, your first shot is in eviction court.

Dear Mr. Reno:
I have lived in my brothers house for 14 years with MS and the lease states caretaking of property only...no rent. My income is SSI only and I am legally and fully disabled by the state. My brother wants to evict me because he is tired of supporting me and most likely wants to replace me with his daughter and children or sell house.

Ellen, California

A: Well I'm sorry to hear that but when the lease expires, you can't force him to renew it. Why don't you offer him some rent? Maybe you could get some financial aid. Maybe Section Eight?

Published 2011-10-16

Dear Mr. Reno:
I did a rent to own without security, only a non refundable option fee equal to 2 mos rent ($750 per month). This was a 2 yr lease ( tenant requested 2 yrs).

The house needed some work- mainly a kitchen ( sink, Cabinets and countertops), stove and dishwasher already in working order plus some minor repairs. Tenant did complete most work on the house but refused to provide any receipts despite numerous written request. In exchange for doing work on the house I agreed to give 50% of cost as credit for down payment towards closing cost of house in addition to renting the house 40% below fair market value in the area. All this was in the lease. The tenant never paid rent on time - even with a 10 day grace period. After 5 months of late rent, no late payment and not paying utilities I hired a lawyer to start evictions.

The tenants also would not allow me in the house to inspect and even when we had a hurricane I called police to gain entry and was denied. Finally the day before court hearing I drove by house and because I saw them moving and door was wide open I walked in and immediately noticed my house was destroyed, including dismantling the sink , my stove and cabinets were removed from kitchen and loaded into U Haul. I called police and they did nothing, she told them she paid for kitchen appliances. I do not have pics of house before they rented. My question is : Can I sue for damages without pics- lease clearly states if evicted they lose all monies and credits for any work done. Can I file a private criminal complaints for vandalism ?? My lawyer is suggesting small claims court for damages and just pursuing back rent for eviction. What do you think ?????

Mary Pickens from Pennsylvania

A: I agree with him. You can't file criminal charges, only the cops can, but they never do in theses situations. Pics would help - but you can still testify.

Dear Mr. Reno:
I allowed a single mother and her children to stay in my home completely rent free since July. It is not working out and I want them gone. Can I just tell them to leave, or am I under some legal obligations? Thank you!!

Andrea Augustin, Florida

A: No good deed goes unpunished. You can "tell them to leave: but then what? Wrestling match? You can try the cops, but I don't think they'll do it for you. She's there too long. You need to evict.

Published 2011-10-14

Dear Mr. Reno:
I have a apartment above my business that i rented with a month to month agreement. i gave the tenant a notice to vacate on sept1 for sept 30.now the tenant wont pay the rent and says they are talking with a lawyer. the agreement clearly states a 30 day notice.could they do anything to me? and do i have any recourse? thank you

Tony Jefferlone, NY

A: You only gave him 29 days notice. Could be trouble there....

Dear Mr. Reno:
I am being accused of having someone live with me in my home (subsidized housing per say) I do not have anyone living with me at all, they are taking me to court, what can I do how should I handle this?

Alarice, CT

A: They must be basing this on erroneous info or hearsay. But you probably should drag a lawyer with you to the hearing.

Dear Mr. Reno:
Question? Is there a law in the state of ME that requires landlords to repaint rental properties every time tenants move out?
Thank you for your response

Olga Zeissig, Maine

A: Never saw it. Never heard of it. Educate me. Do you know something I don't know?

Dear Mr. Reno:
I rent out rooms on a week-to-week basis (no lease/agreement) in my personal home to help pay bills. One of the “tenants” has been gone from the room for over 6 months and has not paid any rent. They have a permanent residence in another state and have been communicating to me that they will pay rent when they return. I have asked them to collect their belongings, not to worry about the rent owed, and just leave. They have threatened to take me to Housing court since there are “improprieties” in the home according to them. They want to receive a 30 day notice, and now come live in the room. Must I provide a notice, what are my options?

Belen- Brooklyn, NY

A: That's NYC - You have to call Bernadette 516-228-0033 ext 213.

Published 2011-10-13

Dear Mr. Reno:
My father was living on his farm that is part of a living trust that is in his three children's name. He, by agreement would live there until his death, or until he could no longer live by himself. While living there his step-son moved in and has lived there on and off. My father is 86 in Dec. and has had open-heart surgery. He is unable and not interested in returning to the farm. Meanwhile his step-son who is a convicted felon has taken over the house and trashed it. He has used my father's credit cards, stolen money that he had in the house, and has numerous people living there. My father wants to turn off the electricity which is still in his name. He has not lived there since August 25th of this year. Can he legally do that? If not, in the state of MD, does the person living there have to be served with eviction?

Sheila Freed

A: That could be a problem. The cops don't like it when you outten the lights on someone, even a freeloading bum like this guy. It's considered "self-help" (like eviction without court). One solution is let Dad stop paying. That way, the electric company will be turning out the lights instead of Dad. He'll have a balance with them that he can take care of later.

Dear Mr. Reno:
I’m about to sign a lease with a tenant that I use a realtor to find and assist me with screening for a fee of one month’s rent. This time the realtor included a clause in the rental agreement that reads:

“If tenant wishes to purchase said property in the future, she will be given first right of refusal. If a meeting of the minds on the sale of said property happens, a commission of 4% is due”

Is this wording typical? Should there be a time limit or indefinite? What if I do some lease with option to buy and don’t get enough dollars up front until the full purchase contract goes through? It clearly says meeting of the minds rather than actual transaction…that concerns me. Am I right in thinking that I would owe the commission as soon as the terms of the agreement are decided on rather than on a closing date?
Thanks for your help.

Mary Lou, Property in NJ

A: That's sneaky! A hidden commission agreement in a lease. You should delete this. The realtor shouldn't dictate the terms of the lease, and in this case, for her own motives.

Dear Mr. Reno:
I have a husband wife tenant,claim to be divorcing, husband has moved out, wife wants to stay and be a good tenant. How or when can I take the husband only to small claims court ,get the judgement and garnishment, all of which I've dont before. Can I do this with OUT hurting the wifes credit report? Assuming she does turn out to be a good tenant there alone. The wife thought the husband was paying the rent, the husband has lied and played games with me. Can I sue the husband without affecting the wife??? Thank You

Mike Thomas, Little Rock, AR

A: You can sue just him but he may drag her in as a co-defendant. If it's small claims, most people don't use lawyers so I guess it's probably unlikely she would be involved.

Dear Mr. Reno:
Sept 28 I served a 3 day notice to pay or quit which I obtained from the Ventura county office to my tenant whom is residing in a rental i own in Ventura. I handed the notice to the tenant around 7:30 pm when they told me they were moving out Oct 31. The next day they sent me a certified letter stating they advised me of repairs affecting the habitable condition ... And that they incurred over costs of 2,000. They said their deposit and the 2,000 they paid in repairs will offset the two months they didn't pay. Should or can I send a formal demand notice for the two months and not try to defined myself regarding there alleged comment about the repairs? And if I do, does it nullify the 3 day notice? Also, can I mention in my demand letter that I could get a judgment ... and their credit could be affected etc? Today is the Oct 10, they said they will be out on the 31st. I would appreciate any feedback/ help.

Cheryl from CA

A: I don't get it. Doesn't the "pay or quit" reference the unpaid rent? Why would you also need a "formal demand notice"? Unless I'm missing something, the "pay or quit" is a formal demand.

Published 2011-10-11

Dear Mr. Reno:
My son is 19 he is very defiant,degrading,violent and more. He doesn't listen to or respect my wishes or concerns. He damages my house and personal belonging. He doesn't help around the house, even though asked to. I am intimidated by him as he is 6'3" and I am only 5'8". I am a single mother near a nervous breakdown or heart attack. Can I kick him out or do I need to have him legally evicted?

Linda in Ohio

A: Oh boy. In NY, you have to provide for your child until 21. Some other states, only 18. You need to ask a family law lawyer out in Ohio, what's the age. If it's 18, you still have to evict him - can't just kick him out - he gets a 30 day notice. But - if the parental obligations goes to 21 out there, you'll need to go to family court.

Dear Mr. Reno:
Hi, I sure hope someone can give us some suggestions. Here is our plight:

Our tenant was past due about 2 weeks in rent and late fees. We tried to work with them a few months ago when the tenant lost his job. My husband even helped him and his wife move to one of our smaller apartments as the rent was cheaper. Still falling behind, the guy said he would pay us as soon as his new employer mailed his pay check. This new employer fired him but owed him 2 weeks pay. Every day, it was still the same story, waiting on the checks.
So we called and called and they blocked our number after my husband left messages. Being that they lived nearby, my husband went over to the house many times and no one answered the door and no car was around. Finally he went inside (as we try to give them 24 hr. notice that we are coming in) and they packed up and left most of their stuff but took a few items, not much. Now we have their stuff (junk) to hall to the dump and we have to pay a fee for that as well. Mattresses, TV, Printers, bags of who knows what, etc.

So I went to the court house and was told by the court clerk that “NY state can’t serve people outside of the state” as I found our ex tenant that left in the middle of the night, stupidly posted on My Space that he is living in “ Oklahoma City” .

My question is, even though I filed papers to send to their parents here in NY, how do we go about garnishing wages if they live out of state? Also, if tenants go on Welfare, why can’t we re-coup some of our money through welfare? We were told that if they are getting assistance, you can’t garnish any money from them. All this filing I did is put a judgment against them and if they go for a loan, mortgage, etc. they have to pay us. Sorry to say that doesn’t get us our money back as some lenders will lend to people with no credit or bad credit.

So pretty much, we are out about $2,000 and have no idea on what to do next. We can’t afford an attorney as he wants $4,000 and he did pretty much what I have been doing myself with the court papers. If anyone can suggest something to help get us get money from these people, it sure would be appreciated. We are kind of new to this Tenant Landlord thing and we’re learning a lot as we go along but we are also getting burned. We did get a deposit from them, but it was not enough to cover the cleaning fees, dumping fees of mattresses, TV, Printers, etc and the rent they owed.
Thanks in advance for any help.

Elaine, NY

A: They're gone. You're not chasing them to another state without a lawyer here AND lawyer there. So lick your wounds and move on.

Dear Mr. Reno:
Hi, My mother rented a house in Fresno, Ca. The deal was that the tenant would pay the deposit and rent upon entering the property. Tenant placed their things inside and never paid any deposit. Now, she claims she doesn't have any money and that she can't pay any rent.

Is this case handle by a regular eviction? Or, are they technically trespassing?

Raul, CA

A: Trespassing might help you- but only within 30 days and then only if no monies were paid. Do you fit / fall in that catergory?

Dear Mr. Reno:
I’ll make an extremely long story short. The problem is an adult [60+] male who decided to more or less leech off his 95 year old mother, and has become a problem. We [the rest of the family] are prepared to serve him an eviction, even though there is no lease agreement and he has never paid rent, utilities, or even his own groceries. I have a two part question;

A: How much notice am I required to give him [we suspect he is doing drugs, but not enough proof to have him arrested] Can we do a three-day quit before filing for restoration in court?

B: Part of the problem is the ‘defendant’ leech’s girlfriend, whom he persists in involving, despite repeated warnings that she is not a welcome tenant and never will be. Do we need to include her in the eviction notice, if so, does she require more warning, if yes how much?

Please respond as soon as possible, this family situation is about to blow up.

LeAndrea Potter, NM

A: Serve both 30 Day Notice.

Published 2011-10-10

Dear Mr. Reno:
If you need to evict a tenant in Texas and they or their child are considered disabled, are there extra eviction steps that we need to handle, or is it just the standard process?
Thank you,

Dr. Pamela J. Ross, J.D.

A: It's the same process, but the judge may cut them some slack.

Dear Mr. Reno:
I have an RV tenant in Arizona at a small MHP that I had a short relationship with. I live in a house on the same property. She had been doing odd jobs for rent, and then the two of us started seeing each other romantically (I never accepted favors for rent, *she* would owe *me*, j/k ;-) and then after a few months she moved back in with her ex, was there for a month, abandoned the RV (which was towed here in the first place since it doesn't run, its an old motor home worth maybe $500), then she moved in with me.

Then 2 months passed, we lived together, and she said she was trying to sell the RV. Then things got stupid and I threw her out of my house. Then she got an Order of Protection against me and told neighbors it was so I couldn't sell/remove her RV and left for her ex's. Then yesterday she came back and is apparently intending to live in the RV.

I know i need to just evict her for nonpayment, have her removed from the RV by the constable, then sell it to recoup the costs but I do still care enough about her enough to not want to do that (though I certainly have no plans of trying to get back together with her) My first reaction is to fight the Order of Protection since her claims are BS, the only threats I ever made were that I would sell the RV to pay the rent if she didnt get it off my property. We only had a verbal agreement, but I notified her in writing when she left the first time that she was fired and needed therefore to pay for the space or leave.

Do I give her another 7-day notice before filing suit? Do I file for an Order of Protection against her, or request a hearing to try to quash mine? How do I even communicate with her to resolve this, shell probably get the sheriff out here if I run into her in the laundry!

Sorry for such a long question but I'm almost scared to leave my house, please give me some advice.

Vic Elliott, Oracle Junction, Arizona

A: This is what happens when you sleep with the help. Now look at what a mess you've made. Now you need to hire a lawyer to evict her and another to fight the order of protection. It can be the same attorney, but you're going to need help with this. (Not a "do it yourselfer")

Dear Mr. Reno:
Ive been out of my ex boyfriend's house for 4 years, he changed the locks an hour after i left and has not allowed me to get the rest of my belongings. What can i do? Is it too late?

Angela, CA

A: Call the cops. He's a bad boy. No one can do that. Don't dawdle.

Published 2011-10-03

Dear Mr. Reno:
Subject: Holdover eviction in Nassau County, NY

My mother inherited a house where she leases the downstairs to my sister and her family, and has been renting the upstairs rooms on a month to month basis to a tenant (note it is a legal rental). She wants to sell the house, and has secured the services of a contractor to perform renovations on the upper floor prior to sale. She issued a 30 day Non-renewal notice in writing to the tenant. The 30 days are up, and the tenant has not vacated and he is trying to pay the next month rent and claims he has no where to go. My mother fears he is going to try to string this along for months. The contractor is ready to gut the bathroom in the rental. I told my mother she needs a tenant landlord attorney to bring a holdover eviction proceeding, and to not accept the money order for the rent (even though the tenant owes for September and a prior month). I also told her not to allow the contractor to gut the bathroom, or the tenant can actually sue her for making the residence uninhabitable!

Isn't it true she needs to get a court order to enforce the eviction and non-renewal? She is a recent widow and concerned about the costs. Thanks.

Margie

A: If you accept the funds you will nullify (cancel) your 30 day notice. Start your eviction today. Why Don't you call me, I'm in your area (631) 667-RENO (7366).

Published 2011-10-02

Dear Mr. Reno:
I have had a tenant ending a six month lease on July 31, 2011. He could not renew because I needed a 1 year lease. He wanted a month to month and I could not afford to have this condo vacant in the winter again as last year it took 4 months to lease it. He is an attorney and vary aggravated that he could not get his way.

I have the condo leased already for one year.
He sent me an e-mail stating that as I should know I will be owe interest on the one month security deposit. My property is in Ohio and in ten years I have never paid or been asked to pay interest on the customary one month security deposit.
He also wanted the security deposit paid after a walk through before the end of the month!
I have 30 days in Ohio as I read the law and no interest one a one month security.
Am I better off paying the guy so he does not drag me through hell at a later date?? Or will he do it anyway. I started all my interactions with this guy via e-mail early on to document everything said between us. Some of the things he has done has led me to distrust him.
Any advise would be greatly appreciated.

Sharon F.

A: Don't give in to tenant terrorism. You know the law. Follow it.

Dear Mr. Reno:
I evicted tenant for non payment. Got a court order telling them to vacate. We go back to court in a couple of weeks to ask for a monetary judgment- but how can I get it collected? I am pretty sure his wages are already garnished. Can I garnish his tax refund check, if so, how do I?

Dawn D.

A: You can frame the judgment and hang it on your office wall but 80% of the time, that's about it. Tax refunds get garnished for child support and taxes only.

Dear Mr. Reno:
Hi, A LL submitted the following question:

Dear Mr. Reno: "A non-payment suit was filed against the tenant, who has not paid for last two months. She walks away, abandoning the property, causing mass destruction making the property uninhabitable. What’s my recourse? Can I file a criminal suit? Should I pursue the non-payment case filed in Landlord Tenancy court? Can I claim the back rent, without the court order? Can I file a claim in the Small Cause Claim court without a court order? The tenant has exhausted her security deposit..how can I make a claim against the damages she has caused? I have several pictures taken, to witness the damages? Thank you, Leena Dsouza"

"A: The answer is.. small claims Court."

I have the same problem, however, the damages are $24,000.00, (not including a prior judgment for non-pmt. of rent plus attny fees and court costs). Filed that jmt. with Recorder of Deeds, where it earns 9% interest.
Small Claims Court goes up to $10,000.00. What to do about the $24K? Hire an attorney or try to go it alone in the big court? How to collect on the judgment?

If the horrid tenant goes Bankrupt, (a way out for horrid tenant) I will be out even more $$$.

Got any suggestions? The Horrid Tenant's whereabouts are unknown, hiding someplace. Cannot find H.T. for 3 mos. now. As H.T. cannot be located, can one do a public posting in courthouse or somewhere else like newspaper? H.T. also gets SSI perhaps for a teen age child - can that be tapped into via the Social Security Office? Thanks,

JJ

A: As you suspect, you can't go into the "big court" without a lawyer. Many documents will need to be prepared. Also, if you can't find the tenant - that's a problem. You'll be expected to serve him. Find him, then we'll talk about suing him.

Published 2011-10-01

Dear Mr. Reno:
Tenant has not paid 2 months rent , he has no lease. I have and rent part of my private home. I WANT THE TENANT EVICTED.

Darrick in NYC

A: Well, unfortunately you're in NYC which is landlord hell so you need to call Bernadette 516-228-0033 ext 213.

Dear Mr. Reno:
I am renting to a couple at $300.00 a month then they came back and said they could not pay three hundred could they pay by the week and we let them. Now they have stopped payng rent saying we owe them because some months have five weeks. i said they agreed to pay by the week who is legally right in this?

kay boe, arkansas

A: You mean to tell me that he paid $75 five times in some months a no one realized he was over paying? Well unless you had an agreement that the rent was $300 in some months and $375 in others, (which you obviously did not) then the tenant should get refunded the overpayment. (No one paying attention here.)

Dear Mr. Reno:
After expired lease, tenants have moved out, notice of none return of Security Deposit and many expenses later..they are requesting copies of leases and lead disclosure form, do I need to comply?

Melissa, Green Bay, WI

A: I wouldn't. They're grasping at straws. Why give them something to grab on to?

Dear Mr. Reno:
Our landlords are in the middle of a divorce. We have been in the place for six months and have always sent one check just to her. We found out about 1 month ago they were divorcing. He knocked on my door and requested a copy of the lease which I gave him and then requested that I divide the rent check in 1/2 and send his half to his lawyer. Not sure what to do. They have been nice so far but we don't want to get involved. Both their names are on the lease. What is best?

Liz

A: Technically, you should pay with one check payable to the landlords as shown on the lease. But if you don't want to be difficult, I don't see a big problem doing it Mr. Landlord's way. As long as you have prof the whole rent has been paid, you should be OK.

Published 2011-09-28

Dear Mr. Reno:
I am a landlord in California. I evicted my tenant for nonpayment of rent. The tenant left behind his belongings knowing he had 15 days to claim his possessions. I agreed to give him 3 full days to claim his property, waived the storage fees, and hired workers to meet him each day so he could get into the unit to get his things out.

On the 20th day after the eviction date, I took photos of what was left behind - lots of junk and trash ('flea market' value worth < $300) - and instructed the hired workers to throw everything out.
Today, I received a notice to go to small claims court. The suit was filed by the evicted tenant's WIFE who claims 1) the property was illegally disposed of and 2) our refusal to comply with court ordered right to reclaim property. She is asking for $7500 based on 'sentimental value & irreplaceable items like photos'.

The evicted tenant is not listed as a plaintiff. The wife, who I have never spoken to and is not listed on the rental agreement, is listed as the plaintiff.

I am preparing to go to court with all my documentation, photos, witnesses, etc. Is there anything more that I need to do? Thank you.

Peter, CA

A: Why 20 days? Wouldn't 30 have been better? But I think you'll be O.K. because at least you did evict in Court and not on your own. Also, its very hard to establish a value for these items. Unless this woman has actual receipt, she'll have her hands full proving damages.

Dear Mr. Reno:
Yes, Mr. Reno, my name is LaWanda Meeks and I am a landlord in Jackson, MS, my question is :

I have a couple of tenants that I have to give a 3 day notice to every month because they are consistently paying rent late. Attached is a copy of the first page of the lease. They will wait until I give that 3-day notice and pay which then prevents me from filing eviction. Is there a number of times that I can give a 3 day notice and not stop the eviction process? Or can I give them a 30 day notice for consistently being late on rent? I went to court and had one judge tell me that we charge a late fee so that gives the tenant the right to be late. My main question would be: Can I evict a tenant for paying rent late every month and do I have to renew their lease?

LaWanda Meeks, MS

A: If you have a late charge, then the time until the late charge is known as a "Grace Period". So that answers that, but if it bothers you that much, don't renew the lease.

Dear Mr. Reno:
I live in nyc. Right after our flooding we had numerous homes underwater in nyc. I had an apartment available and a tennant said she wants it. We settled on 1st month prorated and 1month security.

2205 she paid me 1205 and said before shell move in she’ll pay me the 1000. But if I can give her just the apt keys so she could put her stuff in the apartment because her house is under water. I said no problem (I felt bad for the kids). So come 2 days later she doesn't give me the 1000, she doesn't answer and not to be found. She moved some furniture in. A bed and a desk. She doesn't have a lease. When she didn't answer me by Monday. I changed the locks when the police arrived(they refused to be awitness). She calls me 5 days later and says she wants to live there for two weeks and shell move out. I said no way. Cops are here andnow said if I don't open the door I'm going to be arrested I argued that accoridng to nys nyc administrative code sec 26-521 I don't need to... but the police are saying the partial payment counts as a lease. I am arguing its wrong... they are pulling out handcuffs what do I do...

Yaniv A., NY

A: I think the way you handle it is you cross your wrists behind your back. You took the money and gave her partial possession. That's a deadly combination. She's in. (at least arguably.)

Dear Mr. Reno:
I just bought a mobile home that is set up on my property . The previous owner was renting it out to a third party month to month and I was renting space to previous owner . There is no lease and I want them out , do I have to go through the court process even though I have no agreement with these people

Josh Hancock in Peta,l MS

A: Yes, unfortunately, you can't dispossess someone from their abode, of whatever kind, even a tree house, without due process (Court claim).

Published 2011-09-27

Dear Mr. Reno:
I filed an eviction on a month-to-month tenancy (oral lease) on a husband and wife with 5 children. The court gave them 30 days to abandon the premises, with my agreement. They have 5 more days left and their attorney just called to tell me they need more time. I said no, and that the Sheriff will be setting them out in 5 days. That's when he told me that one of their kids is 18 years old, and that since I did not name her as a party on the eviction, she will be staying there indefinitely, and keeping her parents there as her guests. What can I do? DO I have to file a new eviction against the 18 yr old?

BRAD STARKEY

A: Is it back to the drawing board? It depends on the Sheriff (or in your area - what civil servant does the eviction?) That person (in Suffolk County it's the Sheriff) they make the call.

Dear Mr. Reno:
Hi. I got your address on your site and i have a basic question my husband and i live in maine and his brother his brothers girlfriend her 2kids and their 2kids were evicted for not paying rent and were in a bad spot in life so we decided to try to help them and they came to stay with us and it did not work out due to them not bringing any money to feed their kids because i guess they had a drug problem in mass and the deal was they would get jobs and 2weeks later he did not even fill out one application except welfare and she only filled one cause she was too busy playing on the computer so we tried to tell them how we felt and it turned into them leaving going to a shelter and basically leaving all their mess at my house they have 50 bags in my daughters room with razor blades and scissors so i had to put it in the garage what i could fit cause i have children and they dont need to get hurt from that crap. But i know i need to get to the point their crap is all over my garage and they dont call or anything their clothes are all mold and i wanna just get rid of it he has not called in more than a week and just expects us to take care of this junk and i cant if i get rid of it can i get into trouble only reason i am asking is he told his sister if anything happens to his stuff he is pressin charges do you know how it works we are in maine and dont know what to do with all this abandoned stuff.
Thanks

Danielle M., Maine

A: Bag it, box it and hold it for 30 days from when they left it (or 60 to be really safe). Then dumpster. You should notify them of your intention by certified mail too.

Published 2011-09-26

Dear Mr. Reno:
I have a Commercial Warehouse that has 8 units. Each one is rented out at this time. I have a Tenant that has not paid in 2 months and will not return any of my calls at all. He has two units with me. So his rents 650.00 for each unit and he now owes me past due $2600.00 not including late fee's. But his lease expired a while ago on both units so he really is just on a month to month with me at this time. I was told by a friend of mine that if they are on a month to month that I did not have to go through the eviction process. All I had to do was post the 3 day notice and after that lock him out and put his stuff out to be hauled away or whatever I guess.
Is this true?
However you can help I would appreciate it. I have never had to evict someone before and I don't have any money to hire a lawyer or eviction specialist. Any advice would be great.
Thank you so very much.
Sincerely,

Theresa Benfield Castillo,

A: I doubt you can. You can't in my state. IS there something special about your state? I doubt it.

Dear Mr. Reno:
My kids father has been living with me since April 22, 11. I no longer want him there & have ended the relationship but he refuses to leave. Claims he has nowhere to go. I tried having him removed by the local police but they advised that he has established residency since he’s been there longer than 20 days. I wanted to know how do I go about evicting him? I sent him a 30 day notice to vacant via text but he refuses to leave. Thank you.

Genesis Harris, PA

A: The police are correct. He has to be evicted through court. You're going to need a lawyer, this is tricky. I don't know if the notice by via text will hold up.

Dear Mr. Reno:
I have a renter that just moved in. Next thing I know they are trying to run a Landscaping, Construction Business out of there and the property is zoned residential. And can I give them a 30 day notice anytime. Thanks Much.

Sue, MN

A: It depends on your lease. Do you have any restrictions in there? If it's a detailed lease you probably prohibit any unlawful activity. If so serve a Notice of Default and demand to cease and desist. Who knows... Maybe they'll stop the business.

Published 2011-09-23

Dear Mr. Reno:
I'm currently living with a friend in Virginia. She lives in a house that her mother owns and she pays no rent at the property, only the utilities. When I moved in we had the verbal agreement that I would pay all the utilities in return for living there. I've been there about 4 months and now she wants to evict me and isn't wanting to give me a formal eviction nor adaquate time to move out. Under Virginia law what is she required to give me, what are my options, and if she goes to evict me how fast will that occur? Thank you for your time.

SRJ, VA

A: You can fight this. she's not following the law. But I thought you were friends? What's going on here? If I were you I'd pick a date and say, "I'm leaving on November 1st. Period." And let her try to stop you.

Published 2011-09-21

Dear Mr. Reno:
Can a property manager appear in Pennsylvania Court on behalf of a Landlord? If a property manager can appear on behalf of the Landlord, should the Plaintiff be listed as the property manager or the Landlord?

Chris, Pennsylvania

A: If you want the property manager to appear instead of the landlord, you have to list him as plaintiff "as agent of the landlord"

Dear Mr. Reno:
I am trying to evict my son. He is 22 and there is no lease. I gave him verbal notice to vacate the premises. Since there was no lease do I need to give him a written notice to terminate, if so does it have to be 30 days? If i dont have to give him the 30 day notice to terminate can I just begin the paper work for the Holdover Summary?
Thank You,

Michael

A: In most states ( you didn't name yours) you need a written notice, or your eviction will be defective. This is tricky. You'll probably need help with this.

Dear Mr. Reno:
Hello. I moved from NY to NJ for a job last month. I rented an apt, and signed a month lease till my wife gets here Sept 12th, then we would both sign a one year lease (per landlady). I have been in the apt 2 weeks, landlady approached me 2 days ago stating her house got flooded and she may need to boot me out and move in my apt till her house is fixed. Can she doe this? She never gave me a copy of the month lease I signed, even tho i have asked for it, so I don't remember any details in it.
Thank you so much!

L Herman, NJ

A: You can't hold her to the 1 year lease b/c you never signed it. But she can't get you out today or tomorrow. She'll have to give you at least 30 days notice. You only signed for a month. You got your month, and maybe a little more.

Published 2011-09-20

Dear Mr. Reno:
I was awarded the home I now live in with my 16 year old daughter as part of the divorce settlement in 2006. I am the only one on title. The payments were current until 2009 when my ex quit making any support payments. When our primary home was sold in 2010 I brought this loan current and have been current for 14 months.

The judge is tired of me not being able to get my ex off the loan and has signed a writ of possession. I expect an eviction notice on Monday that will give me 5 days to get out. I am unemployed and do not qualify to refi. I can still keep up with the payments for about another year.

I do have a family law attorney but look where I am. Is there anything that can be filed to stop the eviction?
Thank you,

Cindy Palffy, CA

A: It sounds like there was an agreement of order of some kind that you get hubby off the loan and you're not in compliance. You could appeal the writ but that's big money and you have no grounds. May be time to start packing.

Dear Mr. Reno:
We are a not for profit providing housing to low income families. We gave a mortgage to a person who then sublet the home to a tenant due to a loophole in the mortgage document. After more than a year of non payment on the mortgage, we petitioned the court to have a receiver of rents named so we could at least get the rent payments, if not the actual mortgage payment.

[As an aside the rent amount was 2.5 times the mortgage amount!]

A receiver of rents was named by the court. The homeowner continued to not pay the mortgage, the renter refused to pay the receiver of rents (or the homeowner as far as we know - seems they had some dispute and the tenant reported the homeowner for some code violations) and after many months we pursued foreclosure, winning a judgement. The home was to go to auction in August. at the last minute we offered the homeowner $5,000 for the deed in return for ending the foreclosure. (the house was wanted for another purpose) and the homeowner accepted. We now own the home again, but the tenant, who has no lease with us or the previous owner, has not paid rent to anyone in about 2 years and refuses to leave. The court has issued an order to the tenant to leave, by the end of September, I believe.

I have two questions:

Can you outline the steps and approximate timeline for what happens next?

and Does the fact the we paid the homeowner $5k change make any difference in the eviction process or timeline (i.e. is it considered a sold home versus a foreclosed home?) or does the fact that the tenant hasn't paid rent to anyone for so long take precedence?

thanks in advance for your time. And no, I am not making this up!

Danielle, New York State (warren county)

A: You're a little vague about the "Court has issued an Order". That is the key in your question. Assuming its either a warrant of eviction from Landlord Tenant Court or a writ of ejectment from foreclosure court, then you're at the end of the eviction process and now you go to the Sheriff & he'll take a month or so. Non-payment or foreclosure- thay're all treated the same.

Published 2011-09-18

Dear Mr. Reno:
Our renters who have just moved out put a hole in the wall behind the bathroom door. They patched it originally and the patch fell out into the wall and it needs to be redone. They want to do the patch job again themselves. Do we have the duty to let them try to fix it or can we say no and that we will fix it ourselves?

Katriina, from Dakota County, Minnesota

A: If they're out, you don't have to let them back in to do repairs, technically, but oh, c'mon, if they'll do it expeditiously, why not?

Published 2011-09-17

Dear Mr. Reno:
I have a rent house in Texas. The tenant stopped paying rent and changed his phone number. I went to the house and a woman and her children are living there. She says she is his girlfriend and has been living with him for a couple of months. She says he still lives in the house but has been out of town recently. I think he has moved out of the house. Do I have to go through the formal eviction process to evict a person I don’t know, or can I just ask the police to toss this squatter out of the house? Thanks,

Ron Kelly, TX

A: You can ask the police to toss them, I doubt they will, but it can't hurt to ask. You probably need to evict your tenant, and them along with him. Even if he moved out, in the landlord/tenant world, he's still in possession because his friends are there.

Dear Mr. Reno:
Good Afternoon,
I own a Brownstone in Brooklyn, NY. The 3rd apartments shower was leaking water small amounts of water into the 2nd floors bathroom. I was notified by the 2nd floor on Aug 29th my plumber was supposed to have looked at it on Sept 2nd but had to go to the hospital. I found this out on Sept 5th, called another plumber who working with the 3rd floor's schedule was not able to look at the leak til Sept 10th. 2nd floor is refusing to pay rent until leak is fixed. Are they allowed to withhold the rent, if yes okay. If not what are my options. Thank you,

Carol Glasgow, NY

A: Fix the leak. Then we'll talk.

Dear Mr. Reno:
Hello , My wife and I think that the LPA was well worth the membership and appreciate all the services. As of now we own a single family rental and three duplexes . The properties and the lease agreements are in our name and I feel to lower the risk personally that the lease agreements should be between the tenant and a new property management company set up by us as a L.L.C. . My question is would this protect us or do we need to change the property titles , and the lease agreements and at what level are we protected .Thanks.

Kirk

A: If you're looking for total protection, the first step is taking the properties out of your name and putting them in the L.L.C. Next step is taking your name off the leases and replacing them with the L.L.C with this property manager as agent for the L.L.C. That protects you all around.

Published 2011-09-15

Dear Mr. Reno:
My tenants are breaking their lease before the year is over because of communiting difficulty. Do they get their security back?

Margarita Hernandez, Orange County, New York

A: Strange as if may seem, the answer is "Yes". The main exception, however, is if your lease explicitly state the contrary.

Published 2011-09-14

Dear Mr. Reno:
I am serving a tenant with 30 days notice to vacate due to non payment of rent. If they do not pay or vacate after 30 days do I have to turn to the courts to get them to leave and get the back rent? Thank You

Gracemarie Collins, New York State

A: Yes, I'm afraid that's the only way, other than hiring a hitman.

Published 2011-09-13

Dear Mr. Reno:
I owned a second home in Wayne County, PA. I was diagnosed with cancer and unfortunately am not eligible for disability due to self employment. My husband shortly thereafter lost his job therefore losing our health insurance. With what was once a 250,000 income, (mostly mine) we were down to 400.00 a week in unemployment. Being a victim of Madoff scheme, we lost the 350k we had saved. You could guess what happened next foreclosure on our lake house. We were served foreclosure paper a year ago. Nothing ever manifested in terms of them setting a sheriffs sale, my husband only visited the home to maintain the lawn etc since it was in a community. Once he found a job and I thankfully entered remission, we tried to modify our home to see if it was even possible to save it. The bank started the paperwork and I felt God was in our corner and I wouldn't lose our investment.

That's when the sheriff's notice came. The bank assured us they extended the sale and we were just waiting for the response on the mod. My cousin drove by the home and advised us that there was a sale and papers were taped to the door. I called the sheriff to find out the home sold at the sale, it was never canceled and the lender purchased it.

Upset, but understanding that the lender did what they had to (even though clearly the lender screwed up by one dept not knowing what another dept did) I decided not to fight it because after all, I didn't pay, I called the lender asking when I had to have my things out by. They said 90 days.

I became ill once again but this time hospitalized. I got out of the hospital and was feeling up to moving our stuff out, this was 67 days from the initial sale to find out the home was empty! Our shed was empty and our boat was removed from the water-trailer and all. I called the real estate agent who proudly had her info all over the home and she said she removed our stuff 27 days after the sale and was under no obligation to return it to us, that they only had to hold it for 30 days. When I say stuff, we’re talking a full 3 bedroom 2 bath home complete with flat screen TVs etc.

The thing is I never received notice of this sale; I never received an eviction notice, nothing. Is this customary in PA? Do I have any recourse to be reimbursed for all the personal effects I had?

I know I screwed up but it wasn't like I just didn't want to pay, we truly has an extenuating circumstance and although I don't expect sympathy, I do not feel they had a right to take all of our stuff without notice. Could you help us? Do I have a case? I look forward to hearing from you. Thank you in advance for any and all information you may supply to us.

Danielle S., PA

A: Seems like I can't help anymore today.... I guess the moral of the story is if you're post foreclosure sale, that's a bad time to leave the residence vacant for a few weeks. I have nothing helpful for you. Sorry.

Dear Mr. Reno:
I'm landlord in Brooklyn, NY. I rented apartment to a single guy 4 years ago (no lease, month-to-month cash payments). He now has a girlfriend. I'm serving him with 30-day notice B307. Should I serve one notice with both their names on it, or do I have to serve 2 separate notices for both of them? I don't even know her name (Jane Doe?), but know that they are not married.
Thank you very much in advance

ILYA TARASCIN, NY

A: They each get their own notice. Tenant & Jane Doe.

First Previous Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Next Last

If you are a Landlord on Long Island, NY, and wish for Mr. Reno to handle your landlord - tenant case, please provide your contact information: e-mail Mr. Reno

Look-up Associations
Attorneys
Businesses
Rentals Available
Classifieds
Rentals Wanted
Realty Brokers
Tips & Advice
Tenant Histories

Other Areas Q&A Forum
Landlord Tenant Law
Essential Forms
Free Forms
Credit Reports
About Us
Help