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 2011-09-21

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.

Published 2011-09-12

Dear Mr. Reno:
We have a man that stayed with us a few nights to help us paint our house we live in alabama now he won't leave has never paid any bills and won't do any work how do we go about getting him gone

Chris Rush

A: Call the police. Right away. As long as he hasn't been there long enough to establish residency (usually 30 days) they should escort him out as unwelcomed guest.

Published 2011-09-10

Dear Mr. Reno:
I have a tenant who moved in at the beginning of the month, on a month-to-month lease (with a contract stating 30 days notice must be given to break lease). 2 weeks into the lease, he got arrested and will be in jail for several months. His parents will be coming to pick up his things by the end of the month. Can I keep his security deposit? Also, can I sue him for losing next month's rent since it is unlikely I will be able to re-let the room in less than 2 weeks?

Amber Richardson, Walton County, GA

A: Keep the security, but if they make a demand-you have to return it and counter-sue for 1 months lost rent, but only if the unit remains vacant the whole next month.

Dear Mr. Reno:
I had tenants in a house in Florida for approximately 18 months. They gave me 3 days notice before they vacated. There was considerable damage beyond the forfeited security deposit. Do I need an attorney to recoup damages? Some of them were due to vandalism.

Ken A., FL

A: If you're within the small claims limit, you can do it yourself. Otherwise, you'll need the Shyster.

Published 2011-09-08

Dear Mr. Reno:
I rent a house to a young couple and they owed me 3 months rent plus a utility bill for $280 that was charged to me when they moved in but the account was still under my name until a month after they moved. They have managed to pay most of the rent back and they have been paying their current rent on time but they still owe $350 for rent and the utility bill. Can I evict them still if they only owe half the rent and are still paying current rent? Also their lease is up in November.
Thank you!

Natasha, Pennsylvania

A: You can, but why would you? The rent is being paid. Another tenant won't pay the old utility bill either, so what would you gain?

Dear Mr. Reno:
I have a tenant that insist that I must be certified in order to do any work inside the apartments. I know the I need to be certified in order to work with lead if it's present but can I do general work like fix a heater, repair a floor, install a new window with out being licensed or certified?
Thank You

Marty Shipman

A: One stronghold of liberty and freedom: Generally speaking, an owner does not have to be licensed to work on his own home. But if he hires someone, they need to be licensed to do electrical, heating etc.

Dear Mr. Reno:
I unknowingly hired a deadbeat property manager for my property in FL, who took two months to find some deadbeat tenants, that saw a rat in the house halfway through the first months rent. The property manager said he didnt know what to do, so I fired him and took over (from out of state), addressing all of the issues these tenants had immediately. They were happy until they saw another rat in the house a week later (once the extermination got underway) and decided they could not live in the house anymore.

So they wanted their deposit back and last month rent to break the lease. I called an attorney who said no, don't give them a cent, they owe you ten months rent, so I didn't, instead I waited until the 3rd of the second month to let them pay rent and served them a 3 day notice when they didn't (all the while full extermination is going on and no more rats have been seen). They ignored the 3 day notice and sent me a letter saying they would vacate mid-month and wanted their deposit back. I told them to pay their rent or face financial consequences, however, since then a man has moved into the property with one of the tenants on the lease who has two kids and the second tenant on the lease does not even live there.
The property manager ran off with half of the rent (1st, last and 1months security at $1400) and I am exhausting the rest on legal fees and repairs as they continue to call the county for anything that could be considered a code violation. I am serving them the five day notice asap but just want them OUT.

They said they would move out mid-month, so I advised them that the keys would be collected on the night of the 15th, the response was that they would move if they get their deposit back for the next house! No chance!....

does this mean I have to keep spending a fortune on the attorney and beating off potential code violations?

Can the unauthorized tenants be arrested for trespassing? and have I no choice but to spend all this money to get them out? and is there any recourse? Thanks

Ally, FL

A: O.M.G. Why don't you just evict these troublemakers for non-payment? You're wasting time.

Dear Mr. Reno:
Good Evening. I wanted to ask a question based on Pennsylvania law. I rented my home to a tenant who refused to re-new her lease. Therefore In July i had given her 30 days to vacate the property. I then began the process of eviction. We go to court on Thursday, September 1, 2011. I wanted to know if I can go to my property and conduct an inspection prior to going to court? I did give the tenant 24 hour notice that I would be entering the property. Should I contact the local police and have them assist me to the property? This is a hostile tenant and has not paid any rent in two months and has had a lien placed on my home due to unpaid utilities bills. Lastly, due to the tenant not paying her rent, I need to move back into my property due to this financial crisis. What should I expect in court?

Chandra, PA

A: I'm reading this question on 8/31, so you won't get my answer in time. The landlord has no absolute right to access during the leaseholds, even upon giving notice. Sometimes the right is created by a clause in the lease but those clauses are impossible to enforce. Go ahead and ask for a police escort. I'd be surprised.

Dear Mr. Reno:
Hi im from tacoma washington,
Me and my husband are renting a house worth $1050, we moved in april and after 2 months our landlord asked us if we like to move in her other house which is the one we are paying right now, which is she offer us same price but we have to do the yard work for the whole property coz she got 3houses in the property and then after we cleaned the property she changed her mind saying that we have to pay $1250 whole rent for the house, she said we are not doing our part us the tenant. The problem is when we move to this house she didnt gave us the lease agreement. Instead she gave the lease agreement for the other house that we are renting for $1050. Now my question is do we have the to complain for not giving us the lease agreement for this house and whom do we have to go to complain for this matter. And one thing we were late for just this month and she gave us notice to leave the property. Please help me coz honestly i just came here in the U.S. And im still ignorant about the law. Thank you so much.

Jocelyn. WA

A: If you had a lease you could hold her to it, but you don't, so that's a problem. I would just keep paying the old rent for now. She can't just change the rent like that, but eventually she's going to give you a 30 day notice - so I guess this rental arrangement just didn't work out.

Dear Mr. Reno:
I have a tenant that haven't pay 3 months of rent. How can I make them pay and get them out of the my place that I am renting them.
Thank you.

Duy Tran

A: You usually can't "make them pay" but you can always "get them out". That's what the courts are for.

Dear Mr. Reno:
My tenant apparently moved out without returning keys, on the day before the court date(Nassau District court, Hempstead) for hold over proceeding. I got judgment of possession and money judgment for back rent.
Can I now enter the property to check if tenant is still there or not?

If the tenant appears to be gone, can I change the lock and take possession without going to sheriff?
Thanks for your time and response.

Das, New York

A: My personal view is that if it is clear from the totality of circumstances that the tenant has abandoned the property and vacated, you can retake possession without the Sheriff. Take photos.

Published 2011-09-05

Dear Mr. Reno:
Question: We're trying to evict a nonpaying tenant who also has violated the lease at least 5 times. We have a private 2-family house in the Bronx NY. Tenant is 20 with one 5 yr old and one 2 yr old. She put in a court order for show cause. The lease is already expired but judge granted her the court order. She is the type that will continue to find ways to stay in the apartment. My nephew is having difficulty with his mortgage and might have to give up his house. He has a wife, who has thyroid cancer, and two 4 yr old twins. He has asked me if he could move into our rental unit temporarily until he could find another place. He'll be able to pay us the monthly rent in the meantime. I must go to the show cause court date and I want to know if I need some sort of evidence/proof regarding my nephew needing to move in with us. He's not able to show up at court. If we do need evidence/proof, what would I need to present to the judge? Thank you in advance. P.S. Because of the need of my nephew, would the judge rule in our favor and have the tenant evicted? Afterwards, would she still be able to find ways to convince the judge to have her stay in the apartment even though my nephew needs the apartment? Sorry if I'm asking too many questions....I desperately need to find all this out so that I'm ready and don't make any mistakes.

Margarita, NY

A: One thing's got nothing to do with the other. If you yourself want to retake possession, that might be considered-but not the nephew. He's got no rights to the unit.

Published 2011-09-01

Dear Mr. Reno:
I have family-member tenants in a home I previously lived in. The utilities were never switched to their name due to their lack of good credit and deposit fees. The lease indicates they are "responsible" for all utilities. They had fallen on hard times and I thought I was "helping" them. I did not evict them or charge late fees when they couldn't pay rent and only just recently realized I was being had. I am exploring my options for eviction, but my question is about the utilities in the meantime. I do not want to just not pay the bill, as that would damage my own credit. Can I just turn it off? Do I need to give them notice? They have been there six months rent and utility payment-free.
Thanks,

Donna W, Georgia

A: In most jurisdictions you are not allowed to "turn off" the utilities. That's why it's best to have them in the tenants name whenever possible. Start the eviction TODAY!

Published 2011-08-30

Dear Mr. Reno:
Hello, here is my problem I live in Northampton county PA. My daughter moved out and I told her what she did not take was going in the garbage.How long do I have to keep the stuff before tossing it. Last time (not this time) I asked her to leave she called the police and they told me I had to evict her. Which we started to do but she finally left on her own. Leaving a major part of her stuff here. This time she left on her own but I do not want to store her stuff. Can I legally get rid of it.Thanks

Tina V., Northampton county PA

A: Legally no, but parents have been doing it for years, so why stop now.

Published 2011-08-27

Dear Mr. Reno:
Is there any recourse when a tenant moves out and has trashed the apartment and the appliances? Stupidly, on my part, there was no security deposit taken. He also stayed ten days past the end of his lease. Can I collect additional rent?
Thank-you,

Joan Herrmann, (a very new landlord-by inheritance)

A: You are off to small claims court. Make your repairs, save all receipts. you will get a judgment for repair and unpaid rent. But can you collect on it? Probably not, but sometimes we landlords get lucky.

Dear Mr. Reno:
When the lease is signed by two unmarried tenants and they split up and one moves out, how should the security deposit be handled?

In my situation, the tenants met with me and indicated that they were splitting up and that one wanted to continue renting the property (new lease was executed with remaining $1,500 security deposit). The vacating tenant wanted $1,000 of her deposit back. I agreed to have the remaining tenant pay me reduced rent (I have a copy of the check) and he agreed to give the vacating tenant $1,000 as they were on friendly terms and would finish out the month together in the property. Three weeks later their relationship soured and after she moved out, I get a call from her that I did not pay her the $1,000 and that I owed it to her. She claims that her ex boyfriend did not give her the $1,000. I told her that there was nothing that I could do and that she would have to work it out with her boyfriend.

Three months later, she sent me a letter (uncertified & I was not served) claiming that I have 15 days to pay her the full security deposit ($2,500) that she paid upon the couple initially renting the property. She paid by cashier’s check. She indicated that if I do not pay her the full amount that she will take legal action.

I have attached a sequence of actual events for reference. Your thoughts or advice on how I should handle if this goes to small claims court would be much appreciated? Do you think the ruling would be in my favor as I acted in good faith to return her initial request of $1,000 security deposit. In retrospect, I should have paid her directly and had her sign a document stating such.
Thank you,

Larry Casagrande, CA

A: The problem is you're all treating this like 2 rentals when it's really one. There's just one lease right? The tenant is still in possession - no security should be refunded by landlord (If boyfriend wants to give girlfriend money that's between them.) If you lowered the rent, that's fine, but you had no obligation to.

Dear Mr. Reno:
I am the landlord of a commercial condo here in California. I have served a 30-day notice to my tenant to vacate the premises on September 30 and we have a month by month lease agreement. The rent is due on the 15th of each month, is it O.K. for me to serve the 30-day notice on September 3, or do I need to wait until October 30 to serve the paper (the tenant had paid the rent on September 15)? If the tenant doesn't move after 30 days, what should I do next? Thank you so much for your assistance in this matter.

Alicia, CA

A: This is the trick. If the rental month starts Oct. 25th, you would serve the Thirty day notice prior to Sept. 15, so you're too late. Serve prior to Oct. 15 for Nov. 15.

Published 2011-08-26

Dear Mr. Reno:
I filed the papers for an eviction of 2 tenants on Count I and Count II last week. I am quite confused about the process because they said wait 5 days for Count 1 and then come back to the courthouse (presumably) to file the rest of paperwork - motion for default (Count 1) and Final Judgement (Count 1) and to pay the Sheriff's fees. I realize that this all depends on whether or not the Defendants file an answer to the eviction within 5 days that may need to be heard in court? Assuming that the defendants do not have the back rent to put into the court's registry, do the defendants get put out at that point by the Sheriff? My confusion is mostly with Count II because I read something about having to wait 20 days to file the motion for default and then possibly go to court for damages.

I just want these people out of my house. If filing for damages is going to make it take 20 days or longer then I would like to withdraw my complaint on Count II. Can I do this?

Thank you for any help you may provide in this matter.
Sincerely,

Juanita Sinclair, FL

A: Don't withdraw it. It gives you leverage if they appear. You can withdraw it in court as part of a settlement to get them out quicker, but if you drop it in advance you lose that bargaining chip.

Published 2011-08-25

Dear Mr. Reno:
im in pa. and have a tenant destroy my rental house and its now been condemned.the tenant wants time to move their belongings. i wanna throw it out as it is flea and roach infested. do i have to give them any time to do so?

Kathy, PA

A: You're in a dilemma. You're gonna wind up sued in small claims court for breaking their DVD player (which really didn't work). To be safe, wait 30 days, but that can cost you rent to keep the house vacant, so pick your poison.

Dear Mr. Reno:
I co-own a property with my ex boyfriend. We split up and I moved out in November 2010 and he moved back in and refuses to sell the house.The mortgage hasn't been paid since I moved out. I am aware of the consequences and a partition. His new girlfriend and her children have moved in with him. Do I have any rights to evict her or tell her she cannot be on the premises. My concern is Liability with small children and my name on the house.
He is living there until foreclosure. I'd appreciate any advice. Thanks

Paula, Upstate NY

A: Sorry, that's a no-go on that. He's an owner - they are guests of an owner. (If you're worried about liability - just make sure the homeowner's insurance is current.)

Published 2011-08-23

Dear Mr. Reno:
Our tenants lease ended last month in CA. We discovered on August 1, when we arrived that they had taken our 6 breakfast nook chairs, our garbage disposal along with our washer and dryer. What is the limit on cost to replace for California if any? What do you suggest for us to do?
Thank you,

Shelley, CA

A: This could be a police matter. If they'll press criminal charges, that would be a big help. Otherwise, you're pretty much out of luck.

Published 2011-08-20

Dear Mr. Reno:
I have lived with this man for 10 yrs and he promised to marry me. Well he is now wanting another woman and the house is in his name and the 2nd mortage is in both our names. Can he evict me? I live in Florida.
Thank you

Joanne Langton, FL

A: What a mess! You can put up a fight on the doctrine of "constructive trust" but let me ask you: Is there any equity in this house? What are you fighting for?

Dear Mr. Reno:
What if someone moves into my home without me being aware and pays rent to a person imposing as me, can I legally kick them out of my house?

Lawerence, Missouri City, TX

A: I'm seeing this more and more. Sometimes these people are duped, sometimes they're in on the scam. Either way, once they establish residency, you cannot "kick them out", as you put it, without a court order. Sorry.

Dear Mr. Reno:
My question is, Can a text message be used in a landlord tenant case in Broward County Florida regarding the notice to terminate a yearly lease at the end of the term, or the non-renewal of lease after the expiration of the lease when the lease states that the lease automatically converts to a month to month rental by the landlord?

It is very important to me because the landlord is attempting to collect double rent from me as a holdover tenant.

Thank You for any answers you may have for me,

Ian Stephen Hahn, Coral Springs Florida

A: Probably not, but this area of the law is evolving. You might prevail - but can you prove it was both sent and received? The "received" part might be more important.

Published 2011-08-17

Dear Mr. Reno:
I have a question for you, I was a landlord of my own house and I rented it for three months, I sued my tenant because she didnt want to pay rent, and now she hired an attorney, My court case is tomorrow Friday 8/12 at 10 am Kentucky time. I wanted to know which are the possibilities that she can win the case and what is the most possible venue this lawyer can do to overturn the case or make my case dismiss , and which ways I can cover myself because now I couldnt hire an attorney to represent me tomorrow. Please I would appreciate your response, Thank you,

Rosa Escalante, KY

A: You've got to give me time to respond. It's 5:18 P.M. and my staff is gone. You won't get an answer till next week. So what's the point?

Published 2011-08-09

Dear Mr. Reno:
I have had a rental that needed repairs, for which I gave the tenant a "permanent" reduction in rent and agreed to include utilities. Now the tenant is claiming that I should have paid for her to stay in a hotel during the repairs. Is this possible?

Hadia Finley

A: They won't get Hotel money unless it was "uninhabitable" which usually means no heat, plumbing, electric or cooking.
So how bad was it?

Dear Mr. Reno:
Student Housing: How to Pursue for Damages & Unpaid Rents?
I am the landlord of a 3BR single family home where I rented individual rooms to three college grad students for yearly amounts, payable in monthly installments thru the end of August. The students are jointly and severally liable for damages and 1/3 utilities.

At the beginning of May, Student #1 and Student #2 found qualified replacement tenants (Student #4 and Student #5) for their respective rooms; however, I did not release them from the original agreement. Student #3 simply vacated without proper notice. None of them left a forwarding address.
In June, Students #4 and #5 threw a party which caused nearly $1200 worth of damages, and then they did not pay the utilities. They left voluntarily before July; however, unlike the original three Students, they merely have transient jobs, not careers, and are probably not worth pursuing. What is the process for pursuing the original Students #1, 2 and 3 for unpaid rents, utilities and damages? Thanks! Jim

Jim

A: It's a small claims case, the problem's finding them. Sometimes I can get away with using the premises as their last known address which usually results in a default judgment (dead beats don't generally have their mail forwarded.) Sometimes the court won't let you, but usually it works.

Dear Mr. Reno:
I am located in Massachusetts. I have a tenant that has refused to pay their rent and has been late many times. I have served them with a notice to quite twice, and the last time she notified me that she would be moving out by June 1, 2011. She has sent me numerous e-mails, since that date, and has now (aug 1) moved to another place. I went to the house last night, because she has not communicated with me, and there are lights on inside, but everything theirs appears to be gone.

Can I enter this house with concern for my property? I am afraid that she has left the water running, and is filling up my septic system and running up my water bill? Also, I want to get in there to start fixing the damage, so I can re-rent.

The second question is about court. I am going to have to take her to court. This is my finises daughter, so it is a bit sticky. I have a signed lease, I have all my notices to vacate, and move out reminders that she was sent & served. Also e-mails stating that she does not have the money to pay what is owed because she has to save money to move into her new place, so the rent is due for 6+ weeks. This was a monthly lease that had a clause to revert to weekly if late payments persisted. She was in the house for more than 19 months, and paid more than 14 months late (more than 5 days), if not at the end of the month instead of the 1st of the month. She gave me notice May 2 that she would be moving out by June 1, and I served her with papers that stated that the monthly lease would terminate May 31, and if she stayed pass May 31, that the weekly rental rate and agreement would be in effect and exactly which day and amount would be due. She stayed till August 1, and I think she still has stuff there, but just crap she has not intention of coming to get. I need some advise in reference to taking her to court.

The third problem is, I am now going to move in people who are NOT family, but I need a legal lease for Massachusetts, the current one I have is one from RI and has items in there that Mass does not allow.
Where do you start??
Thank you for your time.

Claire Pelletier, Massachusetts

A: 1. You start by re-entering. It's reasonable now to assume she has abandoned these premises.

2. You can't start the suit until you re-enter, repair and re-rent so write back then. ( you're going to sue your fiance's daughter for late fees?)

Published 2011-08-04

Dear Mr. Reno:
Purchased a home with now ex-boyfriend June 24, 2010 and informed today that he will not be paying his ½ of the mortgage anymore and will be living in the attached studio.

Question: Come Aug 1st can I serve him an eviction notice, considering that I will be making the entire mortgage payment myself and the attached studio as a separate living area?

Loreny Rios, California

A: No you can't and you are in deep do-do. You cannot evict a co-owner in landlord tenant court. You're going to need and lawsuit and a lawyer. (If you were married, this would have been settled in divorce court.)

Published 2011-08-02

Dear Mr. Reno:
I live in the state of PA. My tenants rented on a month to month basis. They were four months behind in their rent and kept promising to catch up, They moved out in June after giving a three day notice without returning the keys and leaving the place a mess which violated their lease agreement. Can I, and if so, how long do I have to enter a court case against them? They left no forwarding address.
Thank you for your help.

Marion Minor, Phila. PA

A: I keep getting the same question: 1. Eviction court no longer has jurisdiction. 2. It's a small claim action. 3. Usually you have to find them to sue them. 4. Sometimes the court will let you use the house as their "last known residence" but not always.

Dear Mr. Reno:
I live in Nassau County (Elmont) and am the sole owner of the house. My now ex-boyfriend of 5 years lives in the house and ended the relationship in June 2011. I have asked him to leave the house. What recourse do I have if he refuses to leave? How much time is reasonable?
Thanks

Sandra Brimm

A: Tenant at Suffrage. 30 Day Notice (we can handle that!)
1-631-667-7366

Published 2011-07-26

Dear Mr. Reno:
I have a tenant in Maryland who is moving out but several months behind on rent. They "promise" to pay and I suggested they submit to me, a payment schedule with some written legal obligation on their part to follow through. Is there anything else I can demand now that will hold up in small claims court later? I want them out but I also want them to fullfill their obligation, though it is probably too late... Funny how All the forms and "agreements" in the world have never brought me comfort in this business.
Thanks

Vince Cifizzari

A: You could also have them sign a release that they are waving any claims against you.

Dear Mr. Reno:
My brother has rented to an excellent tenant for the past four years. There has been no lease, just month-to-month. He recently lost his out of town job and planned to move back to his house after giving the tenant 30 days notice, but at that point, the tenant was injured in a serious motorcycle accident. She remains in a trauma center under heavy sedation. An attorney told my brother that he cannot give notice telling the tenant she has to move, or remove her possessions after 30 days, because she is non compos mentis.

Is that true? My brother is willing to find the tenant a similar rent house and move her belongings into it. Her rent is paid from an alimony check, so her mother, who is handling her finances, could simply pay the rent for the new house. Brother is living in a dirt cheap motel and having to board his dogs because he has no idea when he can return to his home.
Thank you,

Amy Steinbeck, Arkansas

A: I've never evicted a coma tenant but I suspect it would go through because service of the 30 day notice and eviction papers is done at home. The problem is, whoever is reading her mail may appear in court and put the kay-bosh on it. But you have to start. The judge may take tenant's condition into consideration, but she can't stay there forever. The sooner you start....

Published 2011-07-19

Dear Mr. Reno:
Thank you for answering my previous question regarding back rent on a whole house rental that did not have a rental occupancy permit from the Town of Islip.

I appreciate your answer and the fact that anything could happen in small claims court. I did some heavy researching, because it just didn't sit right with me that tenants could sign a lease, stop paying rent, break a lease and possibly get away with it because of a lack of a rental permit. I found this NY caselaw Pickering v Chappe 2010 NY Slip Op 20326 [29 Misc 3d 6] "Contrary to the Civil Court's ruling, there is no bar to the recovery of rent when a dwelling that has a certificate of occupancy as a one-family dwelling contains an illegal apartment. It is only in the Multiple Dwelling Law that the Legislature has seen fit to impose a forfeiture of rent as a penalty."
I am still not sure what I am going to do, but I thought that you and your readers may be interested in the above mentioned New York Case Law.
thank you

Dorothy, NY

A: Dorothy: If you could get me a copy of that decision, I'd really like to read it.

Dear Mr. Reno:
I am a LandLord based in Ridgewood, Queens, NewYork 11385 - My 2nd floor - No lease - Month to month basis tenant - requested to vacate the apartment to fix the apartment - I didn't collect the rent at the beginning of this month - He texted me a msg "Try to evict me". What is the next step I need to follow on this?
Thank You so much,

George C., New York

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

Published 2011-07-18

Dear Mr. Reno:
Hello, my name is Adam Smith, Missouri, question, I was renting a basement apt, in landlords house, we never signed a lease agreement. My landlord said I was a month behind rent and told me to get out in 4 days. I agreed and then he said, make it 3 days, I again complied, on day 2, I got 80 % of my belongings and he shot concrete into the locks and told me id b arrested if I tried to show up to claim the rest of the belongings. I also had the sheriffs show up but they weren't very proactive. My question: what is my next course of recourse, sounds like malicious intent, but does the verbal lease only become a problem in my claim? Thank u for your time, sir

Adam Smith, Missouri

A: The Sheriff dropped the ball. That landlord should have been arrested. I hope you got most of your stuff, if not, small claims court.

Dear Mr. Reno:
Hello and thank you once again for all your help! My question today is this: Under California law, is it legal for a tenant in a "Month-to-Month" agreement to rent (either for profit or otherwise) out a portion of their premises, such as a bedroom, to another person?
Regards,

Mrs. S. Young, Property Manager, California

A: Maybe. First issue is: does the lease prevent it? If the answer is no, then the question is: does it violate local ordinance? To put it another way, if the lease doesn't forbid it, then, if you could rent it, he could rent it.

Published 2011-07-14

Dear Mr. Reno:
I have a tenant that has lived in my property for 18 months. The lease was for 12 months and at the end of 12 months I let it roll into a "month to month" which stipulates a 30 day notice is required to move.
On May 17th my tenant informed me that they would be moving at the end of June (more than 30 days notice) which was nice. They actually moved out on June 25th My question is: do I have to give them credit back for the 5 days because they moved out a little early (since technically it was after 30 days) even though they told me the end of June and that is what I planned on?
Thanks,

Laura Carson, San Diego, California

A: OMG? Is he asking for it? How is this an issue? The answer is "No". He doesn't get it. (CHEEZE!)

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