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 2011-06-16

Dear Mr. Reno:
I have a home in California that has been vacant for over a year. The house was in foreclosure when I moved out and it had a sell date. Well, since I have moved out of the house the foreclosure date has changed every month. The bank has told me because of the saturation of homes in foreclosure in CA it is taking home to be sold at auction longer. Here's my dilema, since I have not been living in the house, a family have moved into the house and claim that the house was rented to them by me. Which is not true. They said that they gave someone who was acting as a property manager for me $3500 to rent the property and have been living in the house for about three months now. By the way, this family has never had any utilities turned on at the property and they are not receiving mail at the address.

I have called the police out the the property twice to get them out of the house. The first officer told me that I needed to evict them because they are saying that they have a lease. But the lease is fraudulent. It has no address to send payments and the signature is not mine. Also, my neighbor reported a burglary at the house three months ago when he first saw these people entering through the side of the house.

I was told by the police officre that was at the house for the second call to give the family a three-day notice to quit (which was served to them them in front of the officer at that time). The officer also told me that if they are not out within the 3 days that they can be arrested for trespassing because they have no rights to the property and that they would have to deal with trying to get their money back from this mystery landlord that has taken their money.

I am sending you this email because I want to make sure I follow the process correct so this nightmare does not come back to haunt me. After explaining the background, here are my questions: If I come back to the property after the 3 day notice and these people have not vacated the property and have them arrested for trespassing, what should happen to their belongings inside the house and can these people come after me for any damages?
Thank you in advance for any help you can provide!

Lisa R., California

A: You're putting the cart before the horse - they're not out yet - and when they do leave I doubt they'll leave anything besides trash, but just assuming your hypothetical - you need to store anything valuable for 60 days, then garage sale.

Dear Mr. Reno:
My name is Eunice Rodgers and have been a landlady for a couple of years. I am in a really bad dielima. I should have known better not to rent out my house to my current tenant who had been previously evicted from her apartment! She has lived 2 months free in my house (last month and this month) without even attempting to pay rent. I mailed her a certifed notice of eviction on May 5th and gave her more than ample time to get out of my house gave her till 6/4/2011, (in words I had to go overseas on 5/11/2011 and returned on 6/3/2011) on 6/6/2011 I went to my local precinit and filed for eviction. I have a court date on 6/16/10 at 10am. when I returned she called code complaince to complain that the house was not in a habitable condition. I did contact code compliance and have fiixed the minor thinngs they asked me to do. I have not mentioned that she moved into the house 10/15/2010 and only on two occasions has she paid the rent in a timely manner, the rest of the times she paid will after the 15th. What do you suggest I take to the court date and how can i get her out ASAP. I cannot afford to pay another mortage out of my pocket?? Your help is greatlly appreciated.
Thanks,

Eunice R.

A: You're doing fine. Bring the deed, the lease or rental agreement, if any, all rent receipts, copies of checks, correspondence, if any. You're on your way.

Dear Mr. Reno:
My situation:
My husband and I split up in Jan 2011 and a friend/ former employer of my son offered to allow me and my 3 children plus 2 (month old at the time) grandson to live in a home he owns. He knew I was not working and had no income other than my ss payment from my husband’s SS Disability (127 mo) so he said he would ask for no rent, That all I had to do was get the power in my name and pay him the difference on the gas (he said he keeps it on at all times to keep pipes from freezing). He also brought a storage trailer over for us to use for our lawn mower and outdoor things since his former tenant had not got all of her stuff from the shed outside. There was no rent on this either. This “friend” knew that I was trying to get up enough money to move back to my home state of Arkansas (this was the reason for no rent) , not only for me but I was ordered to produce my grandson for visitation every other weekend to his father in Arkansas. I told him from the beginning that we would be leaving the house by March 15 th and he said ok, is there anything I can do to help?

On Feb 28th this man grabbed my 17 year old daughters butt and was promptly told to leave the house . I called the police and was told that it was a civil matter and that I should go see the local majester (this man is a local constable) I did go to the majester and they told me to send him a harassment letter, which I did. I also contacted the CFS here in PA and they are investigating and I have pressed charges now through the county sheriff.

Then I return from a trip to town on the 3rd of March and he has removed the trailer with all of my belongings in it, so I call him and he says that since I am leaving he wants 3278.00 for past rent. Now I called the police and the state police and they won’t do anything, they said go to the majester which I did on March 7th, he was served on the 9th with the civil suit that the majester said I had to file to get stuff back. On March 10th the constable shows up at my door with a handwritten eviction notice from him, not court issued that states no reason for eviction. Gave me 30 days. I am not leaving without my stuff. On March 12 I get his counter suit where he is suing me for all kinds of stuff 3278 is equal to 3 mos rent, entire gas bill, water, sewage, some supposed personal loan (he never gave me any money but does owe my son for work). I gave him a 650 check in Jan to repay a car rental he had done for me in October (car was for a trip to Arkansas court) (he told me he wouldn’t take anymore checks because it was too difficult for him to cash without explanation to his wife) and paid him 500 in cash on Feb 7 to pay Jan water bill and gas bill. My kids all witnessed this. Also my daughter gave him an additional 450 in cash on Feb 23 for the Feb gas bill.

Question is how can he legally hold my stuff hostage for money I do not owe? Or at all for that matter… he is doing this because I am pressing charges for his touching my daughter. Please help… Legal aid says I don’t wualify for their help and I can’t afford an attorney court is on the 18th if he doesn’t get it changed again for the 4th time.

Cherry Clouse, Pennsylvania

A: Possession is nine tenths of the law. He's got the stuff, and now you have to let the legal process unfold. I think in the end, he can't prove any agreement to pay rent so that will be dismissed. But recovery for the stuff is problematic. How will you prove its value?

Published 2011-06-15

Dear Mr. Reno:
I know I’m required to provide min. 24hr. notice upon needing entry to the house itself. Am I also required legally to give any notice if say I need to re-caulk the exterior windows or basically any external maintenance?
I don’t believe I am but wanted to be sure. I always let them know when I need to come over even if I don’t need to enter the residence. I just have one lady giving me grief even when I show up to do basic outside cleanup or prep for winter.(eg. Caulking around windows/doors, driveway cracks)
Also, is there anything in OH that states a tenant can break a lease without consequence, within 30 days of signing? Or would they still be liable for remaining rent until unit is re-rented? I’ve attached lease if you needed to reference.
Thanks.

Joel Passerell from Ohio

A: Most tenants don't care about notice for exterior repairs, but if they ask you to give it, then give it. To be legally accurate, you're not allowed on the property at all w/o the tenant's permission, unless the lease gives you that right. But most leases condition the right to access for reasonable repair by adding "upon notice". So there you are.

Dear Mr. Reno:
You spoke of hiring an attorney if a tenant won't leave. In NY, that doesn't work...even with a judgment/eviction against the tenant, NY leaves it to the local authorities to enforce the judgment, which they do NOT do. Tenants know this. And you can't garnish wages if they hide them, which tenants are also good at. So, where are landlord's rights in NY? Now, I am extremely careful about who I rent to!

Diane, NY

A: You are correct; that's an age old problem. I guess you can just say it's an occupational hazard for landlords that just goes with the territory. But once in a while we get lucky. We successfully garnish wages of about one out of ten tenants we get judgments against.

Published 2011-06-14

Dear Mr. Reno:
I am a divorce mom of 4 young me 20yrs-15yrs. We been with current landlord for 14 months. I have inherited a Second 8 voucher from deceased father whom I took care and which she accepted. Prior to her we live for 11 years with same landlord. She rented the unit knowing my family composition about 4 month later she raised rent $25 because of her increased water bill. Upon moving in I purchase Ecoflow showerhead, there aerators on all faucet, low capsity toilet, I have a low water washer ($700!) and a dishwasher which only ran once per day. We are water conscious and I'm constantly screening water usage. This is a 3 family, owner unoccupied building. She is under the impression that the 1st floor has 3 occupants when it has 7, the 2nd has 3 when there are actually 5 but there is no way to prove it. Can she do this?

Onna from Everett, MA

A: No.

Dear Mr. Reno:
Can my dad kick me out because I am over 18???

Son

A: In New York it's 21.

Published 2011-06-11

Dear Mr. Reno:
Is a landlord of a townhome in West Reading, Pa required by law to provide window guards for a family with a 3 year old toddler?

Would a provision in the Lease that the Tenant assumes all liability for failure to baby proof the Premises and waves all damages resulting from failure to baby proof the Premises work in the Landlord’s favor?

Livia, West Reading, PA

A: I have no idea if that is a legal requirement - I have never heard of such a law. Probably call the local building department (the people you would call to get a building permit) They would know.

I don't think your clause would help - its too vague.

Dear Mr. Reno:
I have a tenant (in Pittsburgh, PA) who I have given way too many chances at this point...he currently owes me $2700 from unpaid rent and late fees. I gave him a 10 day notice to quit, which he then told me he would be out by the 31st of this month. Which is fine but he hasn't paid any rent for May and hasn't agreed to any repayment schedule etc., and is no longer answering phone calls or emails. At this point I want to determine if it is worth it to hire a lawyer to take him to court and hopefully garnish wages to get what I am owed.
I have never had to do anything like this or even evict a tenant, so I am unsure if this process is worth it to get back what I am owed.
Any advice would be greatly appreciated.
Thanks!

Jen, PA

A: Hire the lawyer. He's not moving out on his own. You're losing money every day. Stop dawdling.

Published 2011-06-09

Dear Mr. Reno:
In April 2011, we took a tenant to court and obtained an eviction along with past due rent. The tenant appeared and agreed to all that we requested. When we left court, the tenant asked if she could stay if she caught up with all rent by the first week of May. We agreed. The first week of May, she gave us One-fifth of the amount owed. Last week, she gave anothe one-fifth of the amount owed (she has not paid May or June rent). Can we filed to have her removed from the house at this time?

H. Williams

A: Try it, but you may have a problem. You renewed the tenancy! Big mistake! But try to have her removed anyway.

Dear Mr. Reno:
I live in California in a non-rent controlled are. I had a potential new tenant that I took an application on and interviewed. I did not run a credit check but verified everything else. I told them verbally that they could have the apartment. With one week until move in they had not come by with a deposit and there was no contract signed. He began to call and said his wife wanted more closet space and suggested I purchase a portable wardrobe but not in white. I began to get a few more demands from her, and got scared so I canceled the rental and told them I could not rent out the apartment. Am I in any trouble?

Sue, CA

A: Good work. He was trouble with a capital "T". You're in the clear.

Dear Mr. Reno:
I am a landlord in California. Is it legal for me to rent my apartment to a minor? Thanks.

B. Rieger, CA

A: Yes it's legal - but you can't sue for damages if the person's under 18 because they're too young to sign a binding contract.

Published 2011-06-04

Dear Mr. Reno:
My stepson was in a bad living situation. At the time, we had a vacant home on our property. We agreed to let him live there rent-free for a few months to "get back on his feet". We felt no need for any kind of written agreement, big mistake.

It's now been 3-1/2 years of no rent, just a constant "I can't afford to pay rent". What can we do to force him to move?

Cliff A., Florida

A: You have just won the award for Florida's Greatest Procrastinator. What on Earth are you waiting for? Serve a 30 day notice (You've waited three years, what's another month) and then evict him in court.

Dear Mr. Reno:
My step daughter was in an argument with the Management of the apartment she lives in and the police were called. She ended up going to jail over a warrant but received a 24-hour vacate notice on her door today due to the incident. Is this legal or does she have longer to remove her things and find somewhere else to live. The rent is paid in full until the end of 5/2011. Any guidance would be greatly appreciated. Thank you for your time! I have never heard of a 24 hour notice. That's a new one!

Tammy Sharpe

A: I have never heard of a 24 hour notice. That's a new one!

Published 2011-06-02

Dear Mr. Reno:
My mother has a verbal agreement with her granddaughter and her boyfriend that they can occupy 3 rooms of the house and share a kitchen for $400.00 per month. The grand daughter's boyfriend has become very belligerent towards my mother calling her an old bitch. My mother wants to end the verbal agreement and evict them as soon as possible. She is in her 80's and has heart problems and no longer wants the aggravation with the house and wants to sell the house.

Joe, NY

A: Unfortunately, you will need to give them a 30 day notice and evict them in late May or early June. They may be ingrates, but they are still tenants, and that's the system. Call me, I do Town of Brookhaven. (631) 667-7366

Published 2011-05-31

Dear Mr. Reno:
I have tenants that have a year long lease. They were allowed to bring a small dog after signing a pet policy which included a clause that allowed me to ask for removal of the dog at any time for any reason. We found out after 3 months that they brought in a second dog UNAPPROVED and with no notice to us. We found out from the association that the dog was urinating all over the building and sent written notice to the renters to remove both dogs, citing the pet policy. We also requested the fee for the second unapproved dog which they did not pay (not sure if we are entitled to that). After many emails and phone calls they refused to remove the dogs and the one continued urinating in the building and we were fined for it. After two months they got rid of the dogs and then sent us notice that they were vacating (breaking the lease) two months prior to the lease term. They are now gone and I do not know what my recourse is. I have told them they must honor the lease and pay the remainder of the two months lease. They on the other hand want their security deposit back. Any advice would be appreciated. We are at a standoff and they are threatening to take us to court. I feel that we would win but I understand that the law usually sides with the tenant. Am I entitled to the remainder of the rent? They basically left because they were mad that we invoked our right to have the dogs removed.
Thanks,

Bradley S.

A: This one's going to be settled in Court. You want damages for lease breaking - they want a refund - you're at opposite ends of the spectrum. I would focus on re-renting first. Let sleeping dogs lie.

Dear Mr. Reno:
Our tenants of 5 mos, have paid for and done some home improvement on the rental property they live in. There is no lease, and we have no receipts of purchases for work they did. We want to evict them but they don't use S.S.#'s, are not working and don't want to work on the books, they won't accept any summons if their names are written in capital letters, they don't use the the regular mail, and we don't know the UPS mailbox they use.
How can we issue a summons if they won't accept it, and how can we mail it if we don't know their mailbox?
Thanks.

Amy, PA

A: They don't have to "accept" the summons- that's a myth. There're ways you can evict tenants even if they're hiding under their beds and won't answer the door. You have to make a certain number of attempts and then tape it to the door and/or mail it. You need to talk to a local atty for the precise method in your area.

Published 2011-05-24

Dear Mr. Reno:
Mr. Reno thank you for the valuable information you provide. My renter has two more weeks left on the lease agreement. She has moved out over the weekend and left the key to the home in our mailbox. Do I have to wait the two weeks before taking possession and cleaning or is it a done deal and I can change locks and start the cleaning process. Because she left the key, I don’t believe she will come back and clean, shampoo carpet etc. She has a deposit but the carpet replacement, cleaning, and repair will consume that.She left no forwarding address. Thanks!

Roger Sailors from Tomball Texas .

A: Go for it. You are cleared for takeoff!

Published 2011-05-23

Dear Mr. Reno:
My husband and I moved into a rental home in Jacksonville, FL in April 2010. It was a one year lease. Two and a half months before our lease expired, I found out I have 5 brain aneurysms from a disease that I have called fibromuscular dysplasia, and required a craniotomy. I asked for reasonable modifications (handrail for 3 stairs leading from master bedroom to master bath) which were denied (HUD is involved with this issue). And yes, I offered to pay for the modification.

Why didn't you just do it?

Less than two weeks after the first craniotomy (I'm having another one in July) I was copied on an email from the homeowner, to the property manager, stating " I think it will be mutually beneficial if we DO NOT / DO NOT renew the lease. I agree with the tenants. The tenants now apparently have medical needs that preclude them from staying in the residence. They need a home that is much more suited to their special medical needs.

The only thing I asked was that the changes be made or that after I was recovered, we would be looking for another place to live. The property manager has sent us an email stating that he wants us out at noon on May 31. We haven't received any legal notification thus far.
We are in the process of purchasing a new home through the VA, but that process takes longer. Provided we are even approved, the loan will not close until min-June. This has been a very trying time in our lives. The stress from this alone could cause the aneurism to re-bleed (I had a subarachnoid hemorrhage, which is a stroke). I am only 42 years old. I should also add that I am a person with a recognized disability and on SSDI. This house sat vacant for 18 months prior to our tenancy, according to neighbors. We are not behind in rent which is $1,550 per month. The only notices we have received were the HOA complaining about the condition of the lawn. There are so many trees in the yard that the yard doesn't get sunlight, ergo it doesn't grow. The property managers at one point told us it was our responsibility to re-sod the yard! I told them to vacuum the beach, pound salt, you know the drill. They want us out because I told them that unless these changes were made, I could fall and possibly die. They see me as a liability.

I am wondering if you have any advice as to what we can expect or how we should move forward with this. We want to move out. But I cannot be put in this pressure cooker situation. Please help!

Holly

A: If you were willing to pay for the handrails, why don't you just do it? As for renewing the lease, you can't force them, but how much time do you need? As long as your current, you can always get a few more months.

Published 2011-05-22

Dear Mr. Reno:
We have a unit with three tenants on the lease( husband,wife,cousin). The wife has just approached us to remove the husband from the lease because he no longer lives in the unit. We run FOIA requests with the Village periodically and noticed that their unit had a domestic call that resulted in the husband being removed and he also threatened the cousin. The wife and cousin are still living in the unit and paying rent on time. We called the husband to ask about his status and he says he’s still paying utilities but wife is paying rent. The wife says they have agreed to a divorce but husband says he doesn’t know what she wants. We’re going to issue a new lease with just the wife and cousin and also ask the wife to sign a letter stating that she has requested the husband be removed. Wife also says that she has a restraining order against the husband. Can we ask for a copy of the restraining order? Does the wife need to have the utilities in her name? If the divorce proceeds can we ask for a copy?

We live in Cook County, IL and want to have everything covered in case of eviction. Thank you for your time,

Edward & Nanette Yong, IL

A: 1. Yes
2. Yes
3.Yes

Dear Mr. Reno:
I lease a condo in Gainesville. My tenant emailed me on April 5th saying she could not pay the rent because of the civil war in her country (Ivory Coast). The banks have been closed. She said that her father will send the money as soon as the banks open. I emailed I will wait until her father can send her the money. Now the banks are in business again. On May 5th I received a check for May only. She emailed me saying she did not have more and will send me the April rent when she has money. I went up to Gainesville from WPB, talked to her on Tuesday (she was very unpleasant). She said she could not pay the rent anymore, since her father does not have the money now to send her. When she signed the lease 8 months ago, she was working at the University part time on some project, but the teacher does not have any more. End of lease is July 31st and I do not expect her to pay for it and she expects to stay until the end of the lease. Can I start with the 8 day notice and put it on her door (I will make a picture)? Also, is the emailing back and forth legal?
Thank you in advance for your help.

Evelyne Rubinacci, FL

A: Yes and yes. You should serve the notice for the April rent. Don't delay. You've been had.

Published 2011-05-14

Dear Mr. Reno:
If a couple that lease the property jointly split up, who gets the security deposit refund?

Dan Petersen, Longview, WA

A: You could split it up, but if you're concerned, the only safe way is to give it back in one check payable to both.

Published 2011-05-10

Dear Mr. Reno:
How do you get the eviction case into court within 7 to 10 days. The lawyers in the area are not that quick. They take about 30 days. Is this there fault or the courts faults. Thanks for your reply.

Lori Allen, Kansas

A: If it's for non-payment it's quicker, so it's the lawyer's fault. They're dragging their feet.

Dear Mr. Reno:
My Name is Virginia Babbitt, I am 83 yrs. old and manage property in Missouri, we are having trouble with obsessive controlling neighbor that do not want us renting our property, they say & do despicable things to discourage all who seek, i.e. when tenants respond to yard sign [walk around property], the neighbor comes outside and tells lies about property damage, what terrible landlords we are, how mean we are to tenants, when these tactics don’t work they even threaten them if they move in, when we show property they come outside and do disgusting things to repulse the applicants. We have called police but they always reply it is a civil matter, as do the attorneys we have talked to. When we do get tenants moved in, neighbors come over with peace offerings, [coffee-snacks-etc..], and tell the tenants ways to destroy property and get away with not paying rent, so we must evict them, if tenants refuse they will be forced to move anyway by means of harassment without the perks of robbing us, some tenants have come forward asking to be let out of their leases because of this, while others have destroyed/robbed & fled the State [we are in corner; IA, KS, Mo, ne], so we only do month 2 month now, what are our best options, suggestions?
Thank You,

Virginia Babbitt

A: The problem is, they are breaking no law. These horrible people are just exercising their first amendment rights in the most reprehensible way. You could start a civil suit for harassment and tortious interference with contractual relations. It may wake them up and maybe back off, but in the end, the suit is a loser. Sorry.

Published 2011-05-05

Dear Mr. Reno:
A friend of mine resides in a "weekly." If he is making partial payments to the landlord, and the landlord accepts his payment as such, can the landlord then serve him with a notice of eviction? Or, should the landlord present a "new" term of the weekly agreement to bring this persons rent up to date and void out the original lease?
There wasn't any notice that there would be an eviction at all by the landlord because she was accepting partial payments.
What are, if any, the tenants rights in this situation?

For a friend a weekly in Reno, NV

A: "Accepting" partial payments, as you put it, does not excuse the default. It would be nice if landlords gave the tenants a chance to catch up but when they don't want to, there isn't a hell of a lot you do about it.

Dear Mr. Reno:
I SUSPECT THERE IS A SECOND PERSON LIVING IN THE APARTMENT THAT IS NOT ON THE LEASE .HOW SHOULD I APPROACH THIS SITUATION , ALSO THERE MAY BE A NOISE LEVEL PROBLEM TO ADD .

JOSEPH W DAVIS JR, PENNSYLVANIA

A: This is a frequent problem, without a good solution. I'm assuming your lease limits occupancy to one person. So send a letter explaining that this is a lease violation. Then a stronger letter, if necessary, threatening to cancel the lease. If that doesn't work, you have a decision: Is it worth going to war over this?

Published 2011-05-04

Dear Mr. Reno:
We were renting out a single family home to a woman and her grown children in Massachusetts. She prepaid the lease for one year. She abandoned the property one month before the prepaid lease expired. Some time (over a month) after the lease expired, we discovered that the property had been abandoned. The tenant had left behind several rooms full of clothing, furniture and trash. She also left a motor vehicle in the garage.

Approximately one month later one of her sons came and removed the vehicle. At that time he provided me with a new address and phone number. I left several voice and text messages asking her to contact me. I sent 2 certified return receipts to demand payment for refilling the oil tank, restoring the electric service (which had been shut off for non-payment by the tenant), removal of all the personal items and cleanup of the house and yard which she was required to maintain. She has signed for both demands, but not responded. As a result of the electricity being turned off in the middle of winter, the pipes in the house burst, creating extensive costs for repair.

Questions:
1. Can I use the security deposit to fill the oil tank and pay for some of the cleanup?
2. Am I required to store any of her abandoned items for any length of time or can I dispose of them?

Thank you so much for your help.

Loretta Goodkowsky,

A: 1. Yes.
2. Garage sale, E-bay, dumpster.

Published 2011-04-29

Dear Mr. Reno:
I have tenants that owe me about $4300.00 in past due rent. They're moving out in a week. How do I collect past rent if they say they're in debt and can't pay me right now? I'm thinking small claims court.

Alvaro Medina, California

A: That would be the place to start. But as far as collecting, that's only the beginning - not the end - but you have to start somewhere.

Published 2011-04-26

Dear Mr. Reno:
I own a duplex in West Allis, WI. My upper tenant never signed a lease as she was currently living there when I bought the property. I may have to evict her as she's constantly paying rent late or paying just half of the monthly amount. Do you know what rights I have to evict her? Considering she never signed a lease... Thanks,

Jessica Radosevich, WI

A: Did you ask the person who sold you the duplex about her? If the tenant had a lease with the prior owner, you have to honor it. If not, she's a month to month and you can evict her like any month to month tenant.

Published 2011-04-25

Dear Mr. Reno:
Tenant moved out one day after eviction notice for non payment of rent. Apartment is TRASHED! Can we sue in small claims court.....we have only a work address for one of the tenants.

Murielle, NH

A: You can, but sometimes having no address is a problem. I usually sue them at the rental, since it's their "last known" address, but one judge wouldn't let me and we never found him and couldn't sue him.

Dear Mr. Reno:
I have a tenant who paid a plumber to clear a previously functioning drain that was stopped up from excessive toilet paper. She has yet to pay the plumber and now he is contacting me and threatening a lien on my property. She did call me when the incident occurred and asked what to do and I told her she should get a plumber out to fix it. My lease clearly states that this unclogging is her responsibility. Am I liable for the work performed even though I did not enter into an agreement with the plumber? Can he actually put a lien on my property?
Thanks.

Bill M., Brooklyn Park, MN

A: Yes. Yes. But you can still charge the tenant for it, and sue her or evict her if your lease allows it.

Dear Mr. Reno:
my new tenants told me their garbage disposal leaks. on friday i checked it wasn't leaking. i told them someone would look at it next week. Monday they call and say it is leaking all over. i text back and say turn off the water and use the other sink (it is a double sink) and i will get back to them. she texts back, we took out the garbage disposal , and put a new one in and we are taking it out of the deposit that we owe u. (the deposit was 1400 and i said they could pay the bal of 400 over 4 months) i said i did not authorize this, she said i called u and it was leaking all over so i had to change it . i told them i am not paying for the disposal because i did not authorize it and it was nt an emergency , pllus it wasn't even leaking when i checked it! so rent comes up they did not pay the 100 extra month for the deposit . they are taking the disposal out of the deposit. and they are not paying. do i give them 3 day notice? they signed the contract and i had to get it copied and i mailed it to them but they are telling me because they did not have the copy of the contract yet that they can do whatever they want . i went over the contract with them they both signed it and it is the same contract i give everybody what do i do?

susan ross, california

A: This is your own fault. I don't understand the logic of letting tenants pay the security off. If they pay, then you didn't need it. If they don't pay it, you don't have it. Well, let's look at the bright side: You've got a new garbage disposal. But I don't think your eviction will succeed. Move on.

Published 2011-04-21

Dear Mr. Reno:
I have an up/down duplex where the two families just cannot get along. It is constant he said/ she said...he did/ she did. It started with the downstairs tenants complaining about the radio from the upstairs tenants.

I talked to the upstairs and they indicated they would abide by the noise laws in the county.(There was one incident where the police were called by the downstairs tenants after that and I talked to the police regardng their observations. The police indicated the noise was minimal but that it could be heard outside after hours) So I offered to install additional soundproofing downstairs to which the downstairs tenant has currently declined since the measures would be highly intrusive.

The situation continues to get worse with the downstairs tenant accusing the upstairs tenant of all sorts of things such as trying to get into the house downstairs and urinating on her kids toys. To which the upstairs tenant replied he knocked on the door and it was unlatched and it came open and flatly denied the urination. The downstairs tenant feels she is bein harassed and the upstairs tenant yells and cusses at her and her kids and the upstairs tenant says the downstairs tenant is bipolar and he feels threatened at times.

I want both parties to be able to enjoy their homes with minimal impact on my mental health. I have informed both parties to not to interact with each other and to either call me or the police if they feel threatened. So now according to the upstairs tenant, the downstairs tenant has threatened to call the police everytime and get him kicked out. I am at my wits end. My question - what is my legal obligation in a situation such as this? Thank you,

Jennifer Komnick, MN

A: Nothing you can do will ever make these people peacefully coexist. It's the Hatfields vs. the McCoys. This will not end well, I'm afraid. Eventually one or the other will realize this and leave. Until then, just try to keep out of the line of fire or you'll get hit with a stray bullet. If one of them wants to break their lease, your answer should be, "Where do I sign?"

Published 2011-04-20

Dear Mr. Reno:
Hello, I have a tenant who has been giving me a hard time.Sge recently has been disturbing the neighbors.The police have been called already.She has broken the lease many times and my questioned is that all of my requests the she complies with the lease after I catch her breaking the agreement have been verbal,if I file for an eviction do I have to start over and send written complaints and then give her more time to comply?She has already agreed to fix what is wrong but she never does.Thank you for your time,

Stephanie, Ohio

A: You're better off just letting the lease expire, then serve a 30 day notice - no reason required. If you try to evict her mid-lease while she's current, your in for nine miles of rough road (like you've seen.)

Published 2011-04-18

Dear Mr. Reno:
Why can't we get some good legislation for the landlords. The renters seam to have all the protections. The courts are so backed up they can squat for 4 or 5 months. While your trying to get the courts dates lined up. We usually get one months rent for the security deposit, here in this area. That is just not enough deposit to cover the damages. How can we get this turned around to help the landlords?

I have had two bad renters in a row now. The first left over $17,000.00 in damages and the last over $7,000.00. They are completely oblivious as to what it cost to do repairs and or replace things that are broken. We also need a good guide as to what is considered damage and what is considered wear and tear. I have only seen estimates for what it cost to clean up an apartment not for all the cleanup cost of a 2000 sq. ft, house and large yard. If you have anything that is written so that I could show the courts that would be much appreciated. Some of these judges seam to think I'm padding the bills, but I am not.

I live in Vancouver, Wa. and the small claims only go to $5,000.00 maxs. This also needs to be upped to $10,000. It's very costly to evict and when you get a judgment they run to another state and hide. I get the judgments in small claims, because using a lawyer is too expensive in Superior Court, but it seams to be impossible to collect from these people. They don't care about their credit score and even less about the damages they do. Also how to protect our property against vindictive tenants who commit vandalism? How about something like they have to provide a surety bond? Is that a good way to start?
Help, any advice on how to get new legislation started, repair estimates list for a house, and posting a bond for vandalism and damages. How to write it into the contract would also be helpful. One more thing is there a "Bad Tennant's List" that a landlord can add names too, free of charge, so as to help out the next property owner.
Thank you;

P, WA

A: For new legislation, why don't you call your congressman? I'll tell you why - they won't help you. Why? Because they're elected - and then tenants out number the landlords like 3 to 1. So there we are. A while back there was legislation requiring non-payment tenants to post bond in court - but the judge won't enforce it. Guess what? They're also elected!

Dear Mr. Reno:
Question: If the landlord is unable to deliver an eviction notice because the tenant will not answer the door to sign for certified mail with a return receipt...what is the next course of action for the land lord? (Is there a set number of attempted days?)
Thank you

Bob Hatcher, Illinois

A: Thankfully, the law in most states does not require actual personal delivery. In my area, it's two or three attempts, then tape to door and mail regular and certified - but every area is different so you have to ask a local attorney.

Published 2011-04-14

Dear Mr. Reno:
What would one do if a garage is rented as storage w/lots of junk-never touched-about 6yrs ago, w/NO contract, has no activity, yet person renting it has not been paying for 10 months, and doesn't seem to be interested at all to make amends.

He is being also evicted from his apartment, has no money.
If there was a line in application, to say: "If no rent is paid w/in 30 days all contents will be disposed of t the tenants expense", what would be the consequences in Queens to the landlord?
If and when the contents are no longer stored?
Thank you in advance.

H., NY

A: NYC is special. You have to call Bernadette 516-228-0033 ext 213

Dear Mr. Reno:
I have two male tenants that both signed a lease together and have lived in a house I own for approximately three years. When the lease expired after two years, it reverted to a month to month basis. One of the tenants , to the others surprise, recently sent, (emailed), a notice he was intending to vacate in 30 days because he was getting married and found a house to purchase.
The other tenant said he would stay on a month to month basis for at least three or four months or longer and maintain the rent total that both of them were paying. I’m OK with that arrangement as there would be no break in the rental stream.
My Questions are:
1. What are my responsibilities in regard to deposit return for the one who is moving out..?
2. If I am required to refund any portion of the deposit, what is the time period(s) that apply? i.e. How many days from move-out to payment, etc?
3. Do the same rules apply to a pet deposit?
4. Is 30 days a legal notice to vacate? My lease they signed says 90 days.
Thanks for your prompt response.
Regards,

John Roeber, San Ramon, California

A: 1. None
2. NA
3. Yes
4. (3 to a customer!)

Published 2011-04-13

Dear Mr. Reno:
My tenant has not paid for April's rent due on the 1st. I repeatedly made calls and they did not answer so I just went to the property. Tenant opened door and I discovered right then and there that the were moving. Apparently, they were probably not even going to tell me. Also, they are claiming that they are 'probably' keeping April's rent payment to use for the moving expenses. They claim they plan to be out by the end of the month. At this point I want them out now. They are on a month-to-month lease.
1- Question: how soon can I get them out? They only have one month's security deposit which I have. This would cover April's rent but not any damages they leave behind.
2- Question: what is the best way to handle this? Thank you.

Miles Segers, Delaware

A: Usually I would say don't believe they're moving - they're lying, but you say it's obvious they are leaving, so let them. If they only beat you out of one month, you're miles ahead of most of my clients.

Published 2011-04-09

Dear Mr. Reno:
We recently purchased an 8 unit apartment unit. The units are small 450 square foot one bedroom. Currently most of the tenants are on a month to moth lease.
My question in that some of the units have 4+ occupants some 3 adults and 2 or 3 children. And would like to know if there are laws or regulations that prohibit the number of occupants either on a national or state basis based on square footage or number of bedrooms?
My intention as a new owner is to send a letter to these existing tenant’s and want to make sure I am within the law when we ask them to lower the number of occupants.
Thank you

Randy L., Washington State

A: You can ask them, but you're not going to be able to evict them on that basis and you shouldn't be evicting rent paying tenants anyway. If you want to change the quality of the rentals, do it over time by attrition (ie as they move out, re rent to who you want - as long as your not discriminating on race or something like that.)

Published 2011-04-06

Dear Mr. Reno:
I have tenants (Tenant "A") who harrass adjoining tenants (Tenant "B") to such an extreme that Tenant "B" moved out 2 months before the end of their lease - but paid me in a timely manner and kept the utilites in place until the end of their lease term. The previous Tenant "B" moved at the end of his lease term - 2 months after Tenant "A" moved in. They share one common wall and outdoor space. Can I evict Tenant "A" on the basis that they compromise my ability to gain full income potential for the property? They are very high maintence tenants - meaning they complain about really ridiculous things and make mountains out of mole hills.

Linda Hemmes & Janet Haller

A: If you're contemplating breaking a written lease, don't even think about it. You'll have to wait until it expires and then serve a 30 day notice. (that way you don't need a reason which would be hotly contested in court.)

Published 2011-04-05

Dear Mr. Reno:
This question may not be a landlord tenant however we are landlords. My husband and I own 3 rentals together and been married 11 years . He have a son through a previous marriage and haven’t seen him in almost 40 years and don’t know where he is. Do we need to get a will or a Living trust to prevent this from being a problem if one of us pass and would you be able to help us?

Carolyn Johnson, Dallas Texas

A: Hubby should have a will because otherwise his son will have a claim to part of his estate. (You probably don't need one because he is your only heir if you had no kids yourself.)

Dear Mr. Reno:
I currently have a 3 family in Staten Island new york and would like to know how I can place ads for 1st floor apt which do not have children under the age of 11 ( NY law states that with children under 11 I would need to put window guards on the windows in the apt and all common areas as well) I do not wish to put window guards on my windows and yet dont want to sound discrimatory to people by telling them no children under 11. Any ideas?
thanks for all your help

Janet C., NY

A: NYC is special. You have to call Bernadette at 516-228-0033 ext 213.

Dear Mr. Reno:
In Oct. 2010, after accepting a small deposit, n giving a park application to some folks who wanted to rent a lot for a travel trailer, with the condition that I 1st. check out the T.T.'s appearance, n their references, thet moved the T.T. onto the lot, n have not paid a cent since, using my water, etc. Sir which way can I legally get them out ? Eviction is very expensive in Fl., and they are basicly trespassing. Thank you kindly.

Cecilia

A: I'm a city boy. What's a T.T.?

Dear Mr. Reno:
I'm a landlord in Schenectady, NY 12306. Recently I received, in the mail, a Lawsuit from O'Connell and Aronowitz(Albany, NY) stating that an aquaintence of one of my tenants, in 2003 or 2004 had a child who spent a significant amount of time in the apartment, and suffered Lead paint exposure. I don't know the Plaintiff, and I'm not sure what all this means!! Please get back to me.
Can I really be held accountable for, an alledged diagnosis, that may have happened 7 or 8 years ago?

Mark F., NY

A: First off, you have to refer this to your liability carrier - you may be covered for this and they'll pay your legal defense. As to whether or not your liable, that's out of my area, but I think they would have to prove that you knew of the lead paint and didn't warn the tenant.

Published 2011-04-04

Dear Mr. Reno:
I have the tenant problem described in today's newsletter and I understand your answer. But, what is appropriate when the "live-in" is not an acceptable tenant (evictions, bankruptcies, etc.) and the current tenant challenges your decision with a discrimination scenerio of asking "Why is a nonworking spouse acceptable but a nonworking live-in not acceptable?" Thank you,

Michelle

A: I understand your reasons for not wanting this particular live in - the problem - what do about it? You'll end up with a vacant until. Can you afford it?

Dear Mr. Reno:
Thankyou for your time, We have a tenant that had a guest who is now a permanent live-in. The tenant says live-in is not "living " here. I asked live-in what his address is and he stated that he lives with his parents and only is here on weekends. Our caretaker sees him here on a daily basis. What is the best way to deal with this situation besides confronting them (they just deny it)?. I'm also worried about a discrimination suit if other tenants who have properly gone thru steps (credit check, background check, signed lease ) find out someone is living in the apartment building who has not had to go thru proper steps of becoming a true tenant. Help!
- Ron in Minnesota

A: I am assuming you have a clause in your lease that he's violating. Maybe you can prove it, maybe not, but do you want to go to court over this? Is the "live-in" creating a problem? You could notify them that you won't be renewing the lease unless the companion is added and rent increased? Can you wait until then?

Published 2011-03-30

Dear Mr. Reno:
I own a rental property in Orlando. 15 months ago I rented my property out to a family that lived out of town. I sent out the lease for I year with option to renew month to month. (He) signed it and returned it to me. They moved in and lived there for one year. When the time came for rent I called the husband and told him it was late. He told me he moved out and to call his wife she still lives there with the kids. So I called her and she started paying month to month. (They had a court battle and she is receiving child support and allimony). After two months she got behind and had major surgery. At the same time he called and demanded his security deposit. I responded by saying security would be returned when the house was vacant left in good repair and no money owed in rent. By law do I have to return his security deposit before the property is vacant and she is behind on rent. He is threatening. What are my options?

Rick Wozniak, Orlando, FL

A: That's an easy one. No security until you get the keys (No tick-ie, no shirt-ie.)

Dear Mr. Reno:
Hi, I am in the process of my first eviction. I filled all the paper work with the courts , but I only put one of the tenants names on the eviction paper work. Do I need to re file the eviction and put both tents names on it?
Thank you for you time

Colin

A: That could go either way. You may be OK. Since you already started that way, take it as far as you can. Maybe have to restart, worse case scenario -

Published 2011-03-28

Dear Mr. Reno:
I have a judgment and want to execute on it. Former tenant receives social security disability. I want to execute on his bank account where direct deposits from SS are made. If I execute on the bank account, does the burden then shift to him to prove origination of the funds that are in the account?
Thank you.

Sue K., PA

A: Yes, and he will show by bank statements that the source of any balance is SS. So why are you wasting your time?

Dear Mr. Reno:
I have a Rent Stabalized tenant who has not paid on time in over twenty eight month, usually around the fifteenth of the month after many calls. I have taken them to Landlord/Tenant court for eviction due to nonpay, Usually leaving with a judge ordered stipulation/probation period, many times only to be shot down.
Heres my question, When they come up for Renewal can I refuse on the basis of constant late payer? Or do I still have to deal with an inept court system that does not honor the terms of a lease or stipulation agreement?
Cheers,

Bob S., NY State

A: Send them a notice of Non-Renewal 60 days before expiration.

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