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 2011-03-28

Dear Mr. Reno:
Just rented a house that was vacant for 11 months, tenant signed rental agreement and pet agreement for 1 dog. They've been in there 3 weeks and today I discovered they've added a second dog without permission. Technically they are in breach and I hate having to do this but I guess I should serve a 3 day notice to cure or do I email her and point out that our rental agreement states 1 dog only and that she is in breach of her rental agreement and could be subject to further legal action unless she gets rid of the second pet?

Ira (Calif.)

A: I would do the latter, except after I threaten to evict them, I wouldn't evict them. The reason (read first sentence of your question.)

Published 2011-03-26

Dear Mr. Reno:
What reasonability does the landlord have if a tenant finds bed bugs in their rental unit? Would a tenant be able to terminate the lease if they can't get rid of the bugs and want to move?

Kim S. Williams, Virginia

A: Bed bugs are a big problem these days. It depends. If it's an apartment in a house, then you can't blame them. If you don't get rid of them, they could probably break the lease on the grounds that the premises are uninhabitable.

Published 2011-03-25

Dear Mr. Reno:
If my grandfather and my son and myself have been renting to own the trailer we live in,but the land lord keeps coming up with excuses why we can’t get the papers, then in october of last year I reminded her that there was no heat in this trailer We did notpay rent for November and December, because there was no heat. On january the 5th he went into hospital with pneumonia, he is 93 years old. He can’t come home because there is still no heat and 1 window unit to cool the whole trailer. Are we supposed to pay rent on something he can’t even live in not to mention we were supposed to own it in January. Doesn’t he have rights somewhere or don’t we have some rights in this matter? Then yesterday she served my son and myself with an eviction notice. This can’t be legal. Please HELP.

Mrs Sandra Webb

A: If the eviction is for non-payment, no heat is a defense for you against the landlord. So he can put that in his pipe and smoke it.

Published 2011-03-24

Dear Mr. Reno:
After tenet has problems with environmental conditions, after getting very sick from MOLD in her last home. I think she sued her last landlord and is living off the settlement.

She rented from me my guest house on a one year lease. I am now trying to spruce up the outside of my house with a new paint job on the wood trim from the roof. . When I told her I needed to paint her roof trim, she said that I could not paint the outside of the guest house or she would be forced to move that day, due to 2 1/2 years worth of fumes the paint gives off.

Can I paint her outside trim? and a fence that is between or properties? Her lease ends July 1st and I want to sell the property now. I cant show the home until it is painted and fixed up. I worried she will sue me. I offered to let her out of the lease if she felt the need to move from the paint or the FOR SALE signs. . Thanks for your help...

Gary Williams, Tucson Arizona

A: Now let me get this straight. The tenant didn't ask you to paint her house. You volunteered. And she said no! And that's what the fight is about? Are you kidding me? Now you want to cancel the lease? Of a paying tenant? Do you know what the economy is like out there?

Dear Mr. Reno:
Question: Bad tenant has 2 mos. left on lease. Under her tenancy, place became a filthy disaster. Lease ends April 30, 2011. I have her deposit in a separate low interest bearing account (woefully inadequate to cure the mess she made). B.T. has 2 mos. of rent payments to go. Who knows if she will pay.

B.T. sent me an email demanding I provide her a copy of the bank statement showing the orig. deposit amt. plus the interest it earned to date. Nothing in my lease docs says she gets a bank statement. Lease says she gets a full accounting, plus interest earned MINUS costs of cleaning, damages, repairs, etc. If deposit is inadequate to cover, she gets an invoice to pay for the shortage. Nothing in lease states any interest amount. She has something up her sleeve brewing. B.T. is enraged her lease is not being renewed.

BTW: B.T. would not let any prospect in to see the place. Cannot show this house to any prospects anyway, due to the filth, etc. Will take a month to get cleaned and fixed, during which maybe can show. Also, B.T. will not ans. door, ans. phone nor emails. Did take a certified/sign for pkg. of move out docs. Then sent me the email demanding a copy of bank statement.
What to do?
Thanks,

J.J. in Illinois

A: Why can't you give them a copy? I give up. You've got to pick your fights. With all the issues you and B.T. have, you could easily take this one off the table.

Dear Mr. Reno:
I have not been asking tenants to submit a deposit (non-refundable) but I have recently had several prospective tenants “bail” at the last minute and because I naively thought they were committed, I stopped advertising the house. In once case I had moved some furniture into storage to accommodate the tenant's request and now have to move it back. Can I ask for a non-refundable deposit and at what point? Should it be a percentage of the rent? Should I declare that in the ad’s I place?
Thank you.

Kay McGough, Berkeley, California

A: You can ask for a non-refundable deposit, but whether you can legally keep it is a complicated question. But it's still a good practice because it will discourage "back-outs" and separate the serious ones from the game players. As for the amount, I've seen $200, $500, or even sometimes the entire security deposit.

Published 2011-03-21

Dear Mr. Reno:
How long past due on garage rent before I can put on my lock and deny access? Then how long before I can auction off contents for damages and past rent ? thanks

Ralph Scheeringa Tri-Properties, Indiana

A: That's a rental of commercial space without occupancy. This is like renting a storage unit. Sorry. Out of my area.

Dear Mr. Reno:
Hi, I am trying to help my sister-in-law in Texas with finding out how to proceed with a squatter in her Portland, OR home. Our brother moved in with his girlfriend a few years ago - his name only on the lease. They broke up and agreed to each find a new place. He left, she never did. Now it's 6 months and 6k later and she has never paid a dime toward rent and won't let the realtor in to show the house. How can we get her out the quickest?
Thank you,

Jean and Kathy, OR

A: There's no quick way - sorry- because she's not a squatter. She's a former tenant. I know that sounds bizarre, her having not paid and all - but boyfriend's former tenancy rubs off on her, and now you have to give her either a notice to vacate or evict the couple for non payment.

Published 2011-03-20

Dear Mr. Reno:
Thanks in advance!
I am writing on behalf of my parents. Their tenants were recently served with the eviction from the sheriff Thursday evening. They were told by their attorney the people would be escorted from the premises Sunday night if they hadn't removed themselves yet. My mom talked with the sheriff today (Sunday) and discovered evictions aren't done on weekends or holidays so this brings us until Tuesday. Background is they haven't paid rent and owe 7000 as of right now. They are the biggest liars and have milked the system before and unfortunately for my trusting parents they never got references to discover this. Boy have they learned landlord lesson 101. My mom has saved all the incriminating text messages she has received from the tenant. We were told an appeal can delay things and the tenant said she would be able to stay until June because she knows the law and will just file an appeal. Can she just hand over appeal papers on Tuesday to the sheriff when they get her to vacate or would my parents already have heard if an appeal was filed? Also, she says that it is illegal to evict when she has 5 kids under the age of 10, is this true? Also, if Tuesday comes and they remove her from the premises, will all her property that is left be able to be thrown out or does she have any rights to her belongings after Tuesday?
Thank you

Sasha P., Saratoga County, NY

A: 1. If they appeal they may get a stay - it depends if they have a case - and if they get a stay everyone gets notified about the same time.
2. Kids get evicted everyday.
3. In my area, the Sheriff puts the stuff in storage - every county had a different procedure.

Published 2011-03-17

Dear Mr. Reno:
I live in a 2 family house owned by my mother and I act in her place as landlord. My tenant is rarely home, I’m pretty sure she spends most of her time living with her daughter, however her 40ish year old son lives with her. He is a drunken nightmare to deal with, loud parties late at night and so on. There is no lease and I would like to free up the apartment for my son or mother to move into, what are my options?

Kevin McKendry, Queens NY

A: NYC is landlord hell. You're looking at 3-6 months lost rent. Are you sure you want to do this? If so, call Bernadette at 516-228-0033 ext 213.

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 2011-03-14

Dear Mr. Reno:
Hi, I have had tenants in my house for a little over 2 months. They have been late on rent since the first month. I had a 3 day notice served. I'm of course hoping they pay and I realize that if they don't I can file with the court for an eviction (not sure if I file 30 or 60 day.) My question is if they pay can I still file for an eviction based on the insane amount of damage that they have done in the short amount of time. They have broken at least 5 of the clauses in the lease. At this point I just want them out any help would be appreciated.
Thank you,

Alexis Hancock-NY

A: If they pay, you can't do a non-payment - sorry.

Published 2011-03-12

Dear Mr. Reno:
I have a rental property with a month to month lease. Both the tenant and her husband signed the lease and now she wants him out. Can I simply draw up a new month to month lease and she just signs it?
Thanks

Janine M.

A: You can, but what's the plan to get hubby out? It's all fine and dandy if his bags are packed. Otherwise, he may be there until the divorce is finalized.

Dear Mr. Reno:
I would truly appreciate any advise you can give me. Against my better judgment, I allowed my sister and brother in law to move into my apartment (two family house, my family upstairs and my mom downstairs) with my mom. They lived there from June 2010 until present. The agreement was I would allow them to live there rent free for 6 months to get back on their feet and they would pay $300 rent started January 2011. Rent for the last two months has been a nightmare to say the least. I finally gave up and went to an attorney to start the eviction process. I served them with a 3 day and a 30 day eviction yesterday. Unfortunately, my attorney doesn’t know too much in terms of landlord/tenant laws.

When they moved into my house, they were allowed to make any changes they wanted. They added kitchen cabinets, rubs and ceiling fans that they took out of their foreclosed house. They also put new doors on all the rooms and closets and shelves everywhere, along with other things he felt were necessary to live there.

My question is, what am I required to allow him to take out now that they’re leaving? And once the 30 days has expired, what do I do with anything that’s remaining? They stored their hot tub in my backyard and I don’t anticipate them being able to remove it within 30 days. How long do I need to allow them to store it there before it become abandoned property? My attorney said he’s not sure, but it’s definitely more than the 30 days of the eviction. I don’t see how that’s fair to me.

They also had two dogs were have spent an entire winter in my backyard which has not been cleaned since the fall. Am I now responsible for that cleanup now that their leaving? Is there any way to force them to pay for the cleanup?

My brother in law also built a storage garage in the back yard. We needed to get a building permit from the city. The garage is now unfinished (only half has the siding put on) and the codes inspector keeps coming to check on the status telling me it needs to be finished. Is this now my responsibility to pay to have it finished?

I’m sorry to put so much into this, but I’m at a loss on where to go. My husband is deployed right now and I’m trying to deal with all this without his help. I would truly appreciate any help you can offer.
Thank you and have a great day!

Michele Harris

A: You're really putting the cart before the horse. GET THEM OUT! That should be your only focus. All these questions are just hypotheticals now because we don't know what they'll take. Write back then.

Published 2011-03-10

Dear Mr. Reno:
I have a tenant that does not get paid until the 22nd of each month. Rent is due on the 1st after the 3rd there is a $50.00 late fee, if the rent is not paid by the 5th there is a$5.00per day fee until the rent is paid. The tenant thinks she should pay $50.00 and that’s it, but I say you should pay your rent for the up coming month when you get pd on the 22nd.

Addie Maclin, Wisconsin

A: You are correct, but if he wants to pay you an extra $50 each month, why don't you just let him?

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: For NYC you have to call Bernadette 516-228-0033 ext. 213

Published 2011-03-09

Dear Mr. Reno:
I’m a landlord in Sacramento, California. Recently I rented out a house to a lady and daughter. She signed a pet agreement. The problem came about when she kept asking to leave the dog in the yard. Within a month of this back and forth she decided to give me a 30 day notice. In this notice she attracts my integrity accusing me in the letter of sexual harassment. I promptly told her to read the pet agreement and that the dog was not aloud in the common area. She did move out in two days paid me the last months rent and vacated the building with her belongings.

I can appreciate that she probably was abused and is being helped by WEAVE crisis intervention services. What I object to is these derogatory certified letters I been receiving for this simple misunderstanding. I also she has restraining order agents me.

The building is clean and vacant. The tenant supplied all new appliances, stove, ref. washer, and dryer. My appliances were working fine but were old. I remove my used appliances and took to the dump. Then within two months of WEAVE intervention my place is vacant and I need all new appliances. She and WEAVE are demanding I return her security deposit.

I think I’m entitled to keep the deposit of $800.00 to pay for anguish and short term tenancy and the cost of new appliances.

...
I would like to add the following comments to the recent letter I just sent you. Summary:
Tenant signed a month to month agreement along with a pet amendment that apparently she did not read. She read amendment and vacated within three months of signing date.
Expenses: At least one month loss of rental income, all new appliances, management fees.
Estimated 5k.
I feel that I am entitled to keep the $800.00 security deposit. What do you think?
Thank You

Chuck Zonta, CA

A: I'm glad you followed up because your case is a lesson for us all; something I had never thought about. If your tenants volunteered to replace your old apps. with new ones, you may have to stop them unless they waive ownership. You voluntarily dumped yours (I probably would have done the same thing.) So there you are. It's a month to month. They're under no obligation to continue. They paid for the appliances. It's their stuff.

Published 2011-03-08

Dear Mr. Reno:
I have a management co. collecting rent for a house that i own in California.
The problem is the tenant has paid the rent late twice and in the lease agreement there is a $75.00 late fee charge. The tenant has not paid the late charges. The management co. told me they will just take it out of the security deposit someday when the tenant moves out that doesn't sound right to me.

John Lambert< CA

A: There's not much else they can do. What did you have in mind? You could sue in small claims if you want. But if you've got a management Co. handling things, I guess that wouldn't be your cup of tea.

Dear Mr. Reno:
How should I handle Early Termination/Liquidated Damages? Tenant usually skip last payment and walk. State of Florida came up with Addendum for landlord which states “I(tenant) agree, as provided in the rental agreement, to pay $(security deposit) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession”. I’m not sure should I sign this or not?
Thank you,

Jenny, from Florida

A: OK. Sign it. Getting security is a big problem and you probably can't collect more than security.

Published 2011-03-04

Dear Mr. Reno:
I came across your website and is looking to see if you have anyone in mind that can help me in a case in Bronx, NY.

Regarding the case, we just purchased a multi-family in December. On the first day of the transfer, I took the information that the prior landlord gave us to hand to the tenants regarding change of ownership. There is no lease for any of the 3 tenants. One of the tenants dispute the amount that was listed on the housing contract by $50 and was very nasty regarding the issue say immediately that he was promised that the rent will stay the same by the previous landlord and he won't pay a single penny extra. I told him it'll be fine for the first couple of months because of the discrepancy but the rent will increase accordingly (by the $50) after. He told me to take January rent from security deposit and he will move out by the end of the January. As I feel uncomfortable regarding his attitude the whole time, I asked my closing attorney (non tenant specialist) to send a rent increase notice ($200 over $1450 disputed amount, $250 over his quoted amount for a total of $1650) and ask to move out within 30 days if in disagreement with the rent increase notice. I did the $200/250 increase as I know I won't get it from him and I thought it would move along a process on a problematic tenant given what I seen and heard.

At the same time, I hired a attorney to start the eviction process for non-payment of rent and send out another letter after he say the my first attorney send the wrong letter. After the initial court date last week, it was continued to March 16th as expected per tenant's request. After the appearance, my attorney try to settled with the tenant without my permission or knowledge. As this tenant has been very aggressive, he asked to stay until April 30th rent-free. Before he tell me about his settlement offer to the tenant, he asked me to pay for additional retainer for next two trial dates. He did this thinking if the tenant agreed to the settlement there, he will get to keep the additional retainer without any additional work. I totally lost faith in my attorney and want to change him prior to the next court date. So the question is whether I can change attorney mid-trial and if you have anyone you can referred me to? This is the first time I'm acting as a landlord so everything is new to me. Thank you for any help you can provide. Best regards,

Sam Lee

A: I always use Bernadette (516) 228-0033 ext. 213 for all my NYC eviction. The only problem is her firm ain't cheap and you may be paying a whole nother retainer so maybe you should just let him finish?

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?

Dear Mr. Reno:
I am a landlord in Arkansas. I collected a security deposit from tenants on 2/17/11 & signed a lease to begin on 3-1-11. Tenants have not moved in yet. They drove by the property on 2/18/11 & claim they were approached by a man & they feel the neighborhood is unsafe & want their deposit back & want to break the lease agreement. My lease clearly states that tenant forfeits the deposit if they are unable to complete initial 12 mth lease. The tenants have been talking w/ me for 2-3 weeks & I held the property for them for that long. They had all this time to check out the neighborhood & even did a walk-through of the property. Do I have to give their deposit back? Can I sue them in court for the remainder of the lease until I re-rent the property? What are my legal rights?

Marie Vaughn, Arkansas

A: You are OK as long as your lease says what you say it says. Re-rent - then sue for lost rent if you've got the time.

Published 2011-03-02

Dear Mr. Reno:
I am a landlord of a two family house which both apartments rented. A tenant hold a portion of the rent because she claimed I didn't provide enough heat for two months. I had to replace a boiler and during the install of the boiler there was no heat for about 24 hours. Tenant deduct more than $100 from the rent for that one day. Can I give the tenant a discount for what I think a day of electric heater uses might cost in electricity and send her a pay rent or quit notice for the balance. Her electricity bill double because she uses their two heaters for a two months period even though I provides heat . She claims the heat I provides is not enough. Am I admitting guilt by giving her a discount or does that show good faith in my part when I go in front of a judge for her eviction proceedings? Am I setting a bad precedence by giving her a portion of the deduction she took out without my authorization in the first place. Also should I put the discounted balance in the pay rent or quit notice or the actual initial balance owed? Thank you.

Tom, New York

A: You can give a discount for one day - no problem but if you can't reach a resolution with the tenant, pay or quit would be the fastest vehicle to get you before a judge. If the parties can't decide, then a judge will.

Dear Mr. Reno:
I am about to close on a two family home in Glen Cove which is already tenant occupied. My plan is to keep the tenants since it is an investment property for me. Once I close, what do you recommend with regarding to obtaining information on the tenants? For example, would you ask them to fill out an application as if they're brand new? What if they refuse? Under the current owners there is no lease and they are month-to-month. It's a divorce situation and I'm not sure how much info the sellers will be giving me.
Thanks in advance.

Andy Bonomo, NY

A: Welcome aboard! I would offer them a one year or six months lease, as an inducment and incentive to sign up, provide whatever info you need- and make them liable for late charges and legal fees upon default.

Dear Mr. Reno:
I had a question in regards to a my tenant lease being up on 10/31/10. I did the walk thru and had the damage settlement checklist from LPA. com and issued him this months before I did the walk thru, I also sent him the move out check list of cleaning and also the notice to vacate and not renewing the lease. All done on 9/1/10 and 9/26/10,. Now I did the inspection took 72 pictures put them all showing the damages of mice droppings and grease and grime in the stove, and the floors where dirty, missing items from the garage and to top it all off I went to turn on the heat to warm up the house and within 20 minutes I noticed tons and tons of ROACHES coming from everywhere. So no my house is infested with cockroaches. I had never had bugs before. This tenant was the only one listed on the lease but moved in about 3 people and never would add them to the lease. I want to know what can I do legally, because I have subtracted all of the damages from the lpa.com settlement sheet, and he is saying that he was suppose to get all of his initial deposit back nothing deducted! His deposit was $1000.00 and the refund of what I sent him was $310.75, this is after all of the damaged items. He is now having a lawyer calling me saying they are going to sue me for the whole thing, and now his parents have emailed me this weekend saying I charged too much for cleaning and they could have done it cheaper and they will see me in court. I feel harassed and I feel belittled because I have kept great records of all transactions and proactively given all items for a checklist and documents to make the transition smooth.
What should I do??

Anonymous

A: You'll need receipts to back you up. You can't charge for "estimated projected replacement costs" and you can't charge for your own labor, even if it's necessary. If you have receipts, hold your ground. No receipts - make a deal (offer a settlement).

Dear Mr. Reno:
I own a house next door to my house, that I allow my son to live in rent-free. The utilities are in my son's name. My son allowed his girlfriend & her 3 children to move in. They are "guests" as far as I am concerned. My son was arrested & his girlfriend was also taken away by police. (she yielded a knife on him & he hit her... there are drugs involved) The children did not come home. -- I locked the house down so NO ONE could enter, as I am fed up with this whole mess & no longer want my son (or his guests) to live there. -- What are my legal rights with regard to the girlfriend? I have no problem with her removing any belongings, with supervision. However, I will not allow either to live there. She showed up today with police who said she would break in if I did not open the house. I did not open it. Thanks.

R. Clarkson

A: You're on very thin ice. You can't put someone on the street without due process - even lowlife drug addicts like her. Sorry. They're going to let her back in - if she wants to.

Published 2011-02-25

Dear Mr. Reno:
I had tenant leave with unpaid rent and damages. They are now out of state. How long do I have to file a judgment against them for the loss rent and damages?

Steve Ahern, New Jersey

A: In NY its 6 years. What is the statute of limitations for breach of contract in new Jersey? (Don't you hate people who answer a question with a question?)

Published 2011-02-18

Dear Mr. Reno:
I gave my tenants a letter to move out. It was supposed to be a 60 day notice but I put Jan 4 on the letter and told them they had to be out Feb 28. They confronted me and said this was not a 60 day notice. I said ok, I can change that. Do I have to send them a new letter? They have done nothing wrong and they are up to date on their rent. I am just selling the home. If they are not out by the 60 days do I have to file a eviction notice with the court or can I just call the police and they make them leave right then? Also, my Mom is their landlord and is the only one on the lease. I am the owner of the house though. My Mom moved to Mexico so can I be the one to get them out or does she have to be the one? Thank you.

Jennifer Lane, GA

A: You haven't mentioned unpaid rent, so I'm assuming they're current. That's a problem. If they were entitled to a 60 day notice, you haven't given it. Dum - Di - Dum - Dum.

Dear Mr. Reno:
I am the owner of a 4-unit rental property. I have a vacant unit and would like to rent it to my boyfriend. I will be spending weekends with him. Is it in my best interest to have him sign a rental agreement or not? I was told to have a co-habitation agreement as well signed between us to protect myself from being sued if we should not get along and he had to leave the unit. The 2nd question is if I spend weekends with him, can I then claim the property as owner-occupied? Thank you.

Colette Schamet, State of California

A: You need to separate your business affairs from affairs of the heart or you'll have muchas problemas. You want a cohabitation agreement as a partner - or a lease as his landlord. Pick one not both.

Published 2011-02-17

Dear Mr. Reno:
I had a tenant who left, but refuses to remove her stuff, she doesn't live here any more for over 6 months, am I obligated to keep her stuff here. She doesn't physically live here no more she has a place to stay.
Can you please help.
Thank you.

Connie Barros, NY

A: Garage Sale/E-bay

Dear Mr. Reno:
I am writing in regards to a question about the rights a landlord may have as far as a 'surprise inspection'.
I am renting a small home in Tacoma Washington. I have been renting this home for 2.5 months, and have paid all my bills on time, and kept the property in pristine condition. I have not gone against any responsibility.
My landlord wrote me telling me she will be dropping by for an inspection with her husband. The husband is the legal owner of the house and has not been by to see the house nor meet me. THe wife is the manager of the house, and is the one who rented to me.

Do I have rights to deny the inspection? Or is this a 'right' that the landlord has; to do a surprise inspection? Thank you for your consideration.

Priscilla

A: First Step: Read your lease thoroughly. If there's nothing in there giving them this right, then they don't have it. But I still wouldn't slam the door in their faces, not, if you're ever hoping for a lease renewal.

Published 2011-02-11

Dear Mr. Reno:
I have a tenant that informed me that he would not pay the rent due now, nor in the future. I sent him the required vacate notice on 1/17/2011. I gave him until the following Friday to make the payment or leave. I did not hear from him (or her) so I filed the eviction paperwork the following Wednesday. The court date was set for 2/10/11. (now set for the 22nd) I asked them for a written and signed letter stating they had moved out and did not intend to return. Since then, I have received an email stating they had left the property and the keys were on the kitchen bar. I have not received a written copy. The utilities have been disconnected. Problem, the volume of items left include some expensive items. A portable AC/Heating unit ($400), a green machine ($80), bar stools, numerous child toys, book cases, etc.

Can I assume that the tenants have left and dispose of the property in the house? Can I at least move everything to the garage and clean the house?
Thanks.

Bill McLain (Plano, Texas)

A: They notified you they're gone and gave the keys. They're out. You're cleared for take off.

Dear Mr. Reno:
A commercial tenant is unhappy that a similar business moved into the building on their floor. They are withholding rent because they think they are entitled to pay less. Their lease has no competition clause. May I evict them if they do not pay in full? We had a trade for parking and they are not performing on the trade.They are also discussing in appropriate, inaccurate information about me to other tenants.
What should I do?

Jan Rolston, California

A: Stick to the non-payment issue - forget the other stuff. Start your papers.

Published 2011-02-09

Dear Mr. Reno:
Most of my tenants are 2 friends/ couple that sign a month to month lease with me. They are all mostly 30 yrs. and younger. I've run into problems when one tenant wants to move out- and the other tenant has a hard time finding a new roomate. Would the remaining Tenant be legally responsible for the whole months rent after his/her roommate moves on? Can I keep the leaving tenants security deposit to put towards the rent? Thanks

Ms. D. Giardina, MA

A: This comes up often. If 2 or more tenants sign one lease, they're all fully responsible for the whole rent. If a roommate leaves, that's their problem - not yours. The security does not apply to only one half of the tenants - it goes for the whole thing. So don't get involved. Let them sort it out.

Dear Mr. Reno:
We have a lease with tenants until end of June 2011. They called to say they bought a house and are moving out. They have 5 months remaining on the lease, can we expect to receive the 5 months in payment? They did not notify us within the 60 days as stipulated by the lease. They also tried to come up with some reasons to break the lease (or so it seems to us) as they had to be in negotiations when they said the oil burner was too loud for them to sleep. We contacted our boiler company and they couldn’t come out for 2 weeks, and then it took another 2 weeks to fix. What should our expectations be when we speak about the broken lease? The tenant’s include a retired ADA from Santa Clara, CA.
Thank you,

Kathleen, NH

A: You probably have a law suit brewing after they leave. Send them a certified letter that you'll be holding them responsible for any months during the lease that the apartment is vacant. That should get a rise out of them.

Published 2011-02-08

Dear Mr. Reno:
I had a tenant and her family evicted and finally escorted out by a sheriff in 2004. The apartment was damaged and left extremely filthy. They owed us over $2000 in back rent and damages. Is there any hope of trying to collect from them after all these years? I don't know where they moved to. Thanks for your time.

B Teo

A: You have 3 to 6 years. Time expired in 2010. (You should have asked me last year.)

Dear Mr. Reno:
I gave my son $42k for a downpayment on a home with the agreement that i can live in this house for the rest of my life with no rent just utilities, its been 4 years now he wants me out, do i have a case on getting some of my money back so i can try to rent an apartment. I am 81 years old, and have no money, son knew this going in to this agreement - it was a verbal agreement

Louise F., NY State

A: You have a case, but you'll need a lawyer to go to Supreme Court to establish what is called a "Constructive Trust". You'll need two to five thousand. Start saving.

Published 2011-02-03

Dear Mr. Reno:
My name is Anthony, our loan is with BofA. we live in AZ.. Our foreclosure date is on 02/02/2011... My question:
Do we have to be out on 02/02, is there a grace peroid the bank gives us to move out after 02/02?

Anthony, AZ

A: Yes - 90 days!

Dear Mr. Reno:
I have a home in California and allowed some people to stay there on a temporary basis while they found employment to find another residence. After about 40 days, I asked them to leave; they wouldn’t. I hired a lawyer and went through a 30-day eviction process; the “squatters” vacated my home just before the 30 days was up. However, they stole a lot of my property and damaged the furniture and other parts of the structure.

My question is, will my insurance company (Farmers Insurance) cover the theft and damage? Also, do you think my additional living expenses (hotel and meals) incurred because I couldn’t get into my home would be covered under the “loss of use” clause?
Thank you,

Carole G., CA

A: You're out of my area, but all I can say is make claim. The worse they could say is "no". Make sure you don't say they were evicted- that will make them sound like tenants. Just say there were guests.

Published 2011-02-01

Dear Mr. Reno:
We have a property leased to own. Renter makes a living selling european rotweiller puppies. Lease allows for 3 female dogs. Tenant went to jail for 90 days. We were under the impression he had work release to run his business. On the 7th day of the month, when the rent is officially late, we tried to contact. A friend told us the tenant didn't get work release and the dogs are in the house uncaged and in different rooms of the house. They are alone for sometimes 20 hours at a clip. Someone comes to feed and let them out, supposedly, twice a day. The house smells badly. There are now 2 pregnant dogs and 1 with 4 puppies in the house. The dogs do not know us. These puppies are our rent money, so calling the Humane Society will only leave us empty handed without leverage for payments of future rent or down payments promised in the Lease/Option Agreement. Not to mention the repairs now needed to the house. What are our options, can we confiscate the dogs? We contacted a local attorney here but he have never encountered this situation and could not offer advice. Any thoughts are welcome. Oh and We have to fight for the rent every month.
Thank you,
May the Peace of Our Lord be with you,

James and Cheryl Scott

A: Make up your mind. Do you want the dogs or not? If you want them gone - call dept of health or ASPCA. If you want them, then you have to hold your noses and accept whatever comes with them.

Dear Mr. Reno:
Greetings,
A property owner in the Los Angeles area (Reseda) allowed a tenant to move into a non occupancy approved structure (pool house with bathroom and kitchen facilities) in the back of her house on a verbal contract (nothing in writing). Tenant defaulted immediately, hired attorney to fight eviction. Property owner offered a year of free rent as solution-tenant refused, wants to stay there for life. Suggestions for getting her out?

Curtis Nixon

A: There's always a way to evict someone, but sometimes there are repercussions. So this pool house free loader gets evicted by a landlord - tenant non-payment proceeding just like any other deadbeat tenant - although the landlord may get summoned and/or fined for the illegal rental. That's separate and will be dealt with separately; don't pay the tenant one year free rent (hush money?) because he's going to blab anyway.

Published 2011-01-27

Dear Mr. Reno:
Hello my name is Heidi and I own a small mobile home park in Wyoming.

I have 2 tenants that currently have leases with me that are related to each other, my problem is one of the tenants became very ill and can not return to their mobile home to live because of the current conditions of their home (not clean), Tenant talked with me asking if it was ok to live with relative while their home was being removed from the park and while they were waiting to move into their new apartment. This was agreed upon with conditions that the said mobile home was removed before the first of the year (2011) also that they were to be in their new place, well it's the first of the year and they have done nothing to hold up their end of the agreement! They are still living with the relative in my park, not paying rent, their home and lot is a junk yard. The tenant(relative)they moved in with is now behind in rental payments to the tune of $1500.00.

I know that I can termanate their lease but their living with their relitive that just so happens to be on my property! How do I get them off the property and out of their relatives home legally?
Thanks,

Heidi F., Wyoming

A: It sounds like the whole bunch should be evicted. They're both in default, no? Why don't you commence a non-payment proceeding against the tenant that's $1,500 behind, for starters? You sound like your preference would be to get the ill tenant out of their relatives home, but that's not happening.

Published 2011-01-22

Dear Mr. Reno:
Our city does not allow water bills for rental homes to be in the name of the renter, only in the name of the owner. We received a notice that if the water bill was not paid, the city would take us to court. The signed lease to the tenant states that they are responsible for all utilities, including water. If the water bill is not paid by the tenant, what recourse do we have?

Paul Bladen, Illinois

A: Well that's a bad situation but I guess you'll have to pay the water bill and then take it up with the tenant. In some cases you can evict for utilities but it depends on your lease and local rules. At the very least you could go to small claims court and maybe see Judge Judy.

Dear Mr. Reno:
Thank you for your time. My name is Scott , I live in Huntington, LI. I am asking this question on behalf of my partner, Pauline.
Pauline has a 23 year old son living in her house. He is violent, (bi-polar plus a couple of other problems), has had many issues with the police, and has threatened her many times. He has and is destroying the inside of her house, literally. Pauline wants him out. She is afraid of him and his threats. She has tried to get the police to help to no avail. If her son does not get out, he will at some point hurt her or me, who also lives in the house.
1. Can he be evicted, as there never was a rental situation between Pauline and her son?
2. Can anything be done to get him out fast, before he hurts someone?
3. Will a lawyer speed up the process, and if so, what is a typical fee to complete the process?
Thank you.

Scott, Huntington, NY

A: These situations come up frequently. The boy needs a 30 day notice first. That's the rule when its not a rental. Cost ($250.00) you should call me 667-RENO. The sooner you start...

Published 2011-01-20

Dear Mr. Reno:
My landlord is going to be foreclosed on. What are my rights? Will the sheriff show up one day and throw me out on the street with no notice? Can I try to buy the apt from the bank at a good deal? Can I stay here until they sell it and then rent from the new owners?
Thanks

Harold Taylor, New Jersey

A: Up until the actual foreclosure sale, the owner is still the landlord so he can still evict for non-payment even though he's in foreclosure. After the foreclosure sale, you'll be dealing with someone else - but you'll have at least 90 days notice before the Sheriff comes.

Dear Mr. Reno:
I had a tenant who was on the HUD Section 8 program and decided to sub-lease my home to her cousin for three months (without my knowledge). Section 8 had already paid me for the three months of rent and is now stating that I owe them the money back for the three months of rent they paid me while my tenant sub-leased the home to someone else. Is it fair that I have to returned the money back to HUD Section 8 when I had no knowledge that the tenant was renting the home to her cousin?

Terrie Lundy, Zachary, Louisiana

A: I don't think it is fair and I would fight this. What are we supposed to do, stop in for tea once a month to see if the tenant is still there? As far as I'm concerned, that tenant is still in possession and Section 8 should get the money back from then tenant. But it's not up to me and you may have judges and lawyer's fees in your future, unfortunately.

Published 2011-01-16

Dear Mr. Reno:
My 25 yr old son, his girlfriend and my 27 yr old daughter live with me. I have tried to get them to leave do to thousands of dollars of property damage they have done. They said that I would need to evict them. Please tell me how to do this.

Lisa D. , Colorado Springs, CO

A: I'm seeing this more and more and it's an utter disgrace. I guess it's driven by the miserable economy. But you'll need a local lawyer for this. It's not a simple non-payment eviction. It's much trickier.

Dear Mr. Reno:
Hi, I have a tennant who was arrested from my apartment. all this stuff is still in the apartment. he's in jail now. how do I get my apartment back and what do I do with his furniture. thanks very much for your help.

Dave

A: Unfortunately the law says he still lives there because he's still in possession. So you have to evict him - even though he's not there - which may sound like an enigma, but that's the law.

Dear Mr. Reno:
Tenant given notice of Lease not being renewed. Requested to be out by Jan. 4, 2011. Has not paid by of mo. since moving in, owe balance on initial deposit. Has been allowed by owner to have some time to since moving in. He promised to pay Dec. 1, 2010 by the 5th. Has not paid. Has continuously requested extensions on payment. Last late payment Nov, 2010. Says he will move Jan. 9, 2011 and pay owed amount.
Feel trapped as owner, what to do legally.

Frankie W., Mobile,AL

A: Serve a 30 day Termination Notice. What's the problem?

Published 2011-01-13

Dear Mr. Reno:
How long after a squatter has been served with 72 hour notice by the Sheriff does the home owner have the right to re-enter the house in New York?

Joan Nercessian, Long Island NY

A: You have to let the Sheriff ousts them first before you can reenter - unless the squatter voluntarily vacates.

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