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 2011-01-20

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.

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.

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:
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?

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.

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.

Published 2011-01-12

Dear Mr. Reno:
Tenant broke lease. House is empty, keys turned in we are told to stop harassing. She left items in the garage and tons outside of the garage. New tenants moving in. She claims Good Will will be coming by.

Question: What do we do with the stuff in the garage and the left over stuff Good Will does NOT take. We need to prepare the house for the new tenants to relieve her of her lease.
Thanks for your time..

Eric Wittkamp

A: She's turned in the keys. She's vacated. Any thing there is deemed abandoned. Garage sale, E-bay or dumpster - take your pick.

Published 2011-01-10

Dear Mr. Reno:
I am Landlord. I sold a home 5/2010 on land Contract which was never recorded and signed by both parties.
The buyer has not made a payment since November and has moved out of the residence(early December, according to the neighbor) with the utilities turned off in mid December( note on door from Consumers Energy from 12/15). His cell phone is disconnected.
Do I still have to go through the court for an eviction even though the contract was not recorded?
As it is below freezing I am concerned that the pipes will freeze as nobody is living there. Could you please advise? Thank you,

Bill Berman, Michigan

A: You said he's "moved out". You can't evict him if he's out.

Published 2011-01-07

Dear Mr. Reno:
How is it possible that a landlord can be held to the 30 day law when a tenant knowingly withholds the forwarding address? That means any tenant can set up a landlord for a law suit.

Ralph Ruggiero, New Jersey

A: Send a personal check (or security settlement statement) by certified mail to the last known address (the rental unit). If they haven't forwarded the mail, that's the tenant's problem.

Dear Mr. Reno:
I had to evict a tenant last year for nonpayment of rent. He left the property in filthy condition, to the tune of $3000 for cleaning and repairs. I would like to sue him in Small Claims Court, but I cannot serve papers on him as he left no forwarding address and his relatives say they do not know where he currently lives. What are my options?

George Carman, California

A: Sometimes you can use the property address because it's the "last known address". That's a place to start. They'll get mailings to the property; if they haven't forwarded their mail, that's their problem.

Published 2011-01-05

Dear Mr. Reno:
My tenant does not pay the HOA dues for one year, this is breach in our month-to-month contract, in addition the contract states that “in event of default, by Tenant, of any obligation in this Rent, which s not cured by Tenant within fifteen days notice from Landlord, then Landlord may pursue any other remedy available at law, equity or otherwise” . Premises is in Texas, can I give him 3 day notice to vacate the house or otherwise I will start a eviction action ? Or needs to be 30days, The contract, only says, about 30days notice for termination for any parts? Thank you for your time on this matter.

Marco Oliveira, TX

A: I vote for the 3 day, however, I have seen some judges that wont evict unless its actual rent- not an extra like this. I disagree with that, but I guess 30 would be safer.

Dear Mr. Reno:
I have a tenant that has been renting form me for over 4 years. She recently called me, (12-01-2011) and told me that she could no longer afford to keep the property and was currently residing in Texas.
I went to the property to assess damage, and lo and behold, it appears the tenants daughter and husband have moved in.
They claim they are staying until January 2012, at that time they are moving to Florida. The husband is full of huff and puff, spouting for me to just try to evict them.
Of course the Sheriff and Police won't do anything stating it is a civil matter.
I have gotten judgments pro se from a previous tenant, however, in this case, the only forms for Missouri that I can find on line. (Which is where you find these forms for this state.) Are referencing "tenants". I can find nothing about squatters, and nothing about filing a "Demand for Possession-No Lease or Squatter" suit.
I have posted Notice of Abandonment and Trespass Notices on this Property, as well a sent the Notice of Abandonment via Certified Mail.
Any suggestions?
Thank you!,

Kansas City, MO

A: They're not your tenants, but they're not squatters either. They're either guests of your tenant or "subtenants". You evict them like your tenant, in fact, you should be evicting your tenant plus these folks since your tenant is still in possession vicariously.

Published 2011-01-04

Dear Mr. Reno:
I currently use the rental binder and deposit receipt from the landlord protection agency as a agreement when renting out my furnished rooms. I am currently in dispute with a former tenant over deposit money and his attorney has advised him that the agreement is not a legal document? I printed it from the website could this be true? thanks

neva brooks

A: The problem is you say a lease will be signed. So its an agreement to sign an agreement. This is a complicated legal issue. I think it's valid. But it depends on what goes wrong after that. In any case, it's better to have it, than not have it. (In a perfect world you'd have the lease already for signature.)

The binder & receipt form is just what it says. It was never meant to be a substitute for a rental agreement. Why not invest ten bucks in a real rental agreement to make your life a lot easier?

Published 2011-01-01

Dear Mr. Reno:
We are owners. Tenants signed residential lease agreement on November 20 with payment of half the security deposit. We took house off market. Second half of security deposit was due on December 15. Lease term from January 1, 2011 to December 31, 2011. We were notified on December 16 that they couldn't afford the other half of security deposit and could not afford to lease the house. We had taken the house off the market after November 20. Do we owe them a refund of the half of the security deposit they did pay? And is there a state law or regulation about this? I mean, signing lease and not moving in but causing us to lose a month's worth of possible tenants by taking house off market? [I understand we can hold "liable" until the house is leased to someone else; I am curious about the security deposit refund they've requested]. Thanks.

Debbie Gaddy, Texas

A: You probably have to give it back if they demand it, as strange as that seems. The prevailing view is that security is for damages, not rent, unless you have a clear agreement where they agreed to forfeit it. Have you read your agreement carefully?

Dear Mr. Reno:
Can a landlord still be held to the 30 day law on returning deposits when the tenant does not give the forwarding address till 20 days past?

Does a landlord forfeit all of security deposit,even though it has been in a separate account and all interest has been credited to the tenant, if he does not give the bank info to tenant?

Ralph Ruggiero,NJ

A: 1. Yes
2. Maybe. It depends on the requirements of that states statues. By the way, why wouldn't you give the info?

Published 2010-12-30

Dear Mr. Reno:
I was going to rent a room to a friend. I did receive a $200.00 deposit. I explained to the tenant that I would not be able to return the deposit if he did not move in because I used the deposit to paint a bedroom and bathroom and shampoo the areas he was going to live in.

The tenant was planning on moving in on the first of December 2010. On the 27th of November tenant asked if he could spend the night because he worked Sunday morning. I did say yes to this. He showed up that Saturday night and was totally intoxicated and made a pass at me I was worried and didn’t feel safe in my own home at that time until he passed out.

He did call and apologize about his behavior the next morning. We agreed he could still move in I did give him a chance everyone is entitled to a chance.

The follow Monday November 30th he was suppose to meet me at 5:30pm to pick up the key to move in on the 1st of December.
He did not show up at 5:30 finally called me at 6:30 saying he would be there to pick up the key at 7:30 did not show up at 7:30. He finally showed up at 8:50pm he was totally intoxicated again and wanted to stay another night. I explained to him I would not give my house keys to someone who is as drunk as he was. He then asked me so what I was saying is he couldn’t move in. I said no you cannot there is now way I would be able to deal with someone coming in my home under the influence each time.

My question is do I still need to return the $200.00 deposit? In all realty he is the one that broke the contract by behaving the way he did and I did tell him the deposit was used to clean up the place for him before he moved in
Thank you for your help,.

Jeanette S., ALBUQUERQUE, NM

A: You're on very thin ice there Jeanette. Even drunks can rent (they just can't drive.) If you don't want him, I'd give him his deposit back (and you'll be lucky if he doesn't sue - get a release)

Published 2010-12-29

Dear Mr. Reno:
I was renting an apartment in Queens where I was the only one on the lease, I allowed my boyfriend to come stay with me, he never paid any bills or contributed to the rent. He became violent and I had no choice but to vacate the apartment I took out an order of protection against him, but authorities say I can not have him removed because of squatters rights? I gave my landlord notice (only verbal) and explained the situation, he agreed to me leaving. My ex did not leave after the thirty days given and now is refusing to turn over premises to Landlord.. I haven't lived in the apt for four months and now the LL is trying to sue me for four months rent because my ex did not leave the apartment, I was unaware that he was even still there.. I don't want to be responsible for paying three mths of HIS rent when I wasn't living there, what can I do?

Charmain H, New York City

A: You are liable. It's that simple. What you can you do? What did you have in mind?

Dear Mr. Reno:
I own a two family house in Hudson County, New Jersey and occupy one of the units myself. Six months ago, against my better judgement, I rented the other 2 BR apartment to a couple with 3 children. I found out after they moved in that they have three other children that do not live with them, but come to stay over on a regular basis. This month they had yet another child, so that makes four living in the apartment with them, and up to seven when the others come to visit. They receive state aid, so I receive a check for two-thirds of their rent from NJ and they are required to provide the other third. They have been late with their portion of the rent 3 times and failed to pay any of their portion the past two month. I have already acquired the paper work to start the eviction process for non-payment of rent and intend to file it soon. I would like to have a 'plan B' in place should they come up with the money and be allowed to stay. There is no written lease - only the state paperwork stating that I was renting to 2 adults, 3 children, and 0 pets (I found out yesterday they have a cat) for 'X' amount of money. Along with starting the eviction process for non-payment, can I also serve them with a 30 day notice to quit, since they are a month to month tenant in an owner occupied property of 3 units or less? I have spoken with three different local attorneys and have gotten three different answers. The info I find online seems vague or contradictory as well. What is my best bet to get them out as soon as possible? Your help is very greatly appreciated.
Thank you,

Michael, New Jersey

A: I've done it many times. You serve the non-payment eviction papers together with the 30 day notice. If they pay the rent it knocks out your non-payment eviction, but your 30 day notice still stands. Caution: Read your papers with the state aid people. Are you sure there's no lease?

Dear Mr. Reno:
I own a condo in the state of CT. My name is solely on the mortgage, but my girlfriend will not move out. Do I have to have her evicted. She has never paid rent or any bills, the relationship is over. There are no children involved.

David, CT

A: You have to serve her a notice and then evict her, yes, sorry. This is tricky. You'll need someone with eviction expertise to help you.

Published 2010-12-27

Dear Mr. Reno:
I have a past tenant that moved out oweing me over $5000.00 in back rent I had just taken her to taken her to court when she moved out, she also left the apartment with a lot of damage. She is working fulltime. I have revonovated the apt now and I will like to pursue her for the back money owed and damages. What is the best way? What do i need to do first? I'm told I can report it on her credit and find out her new address and take her to civil court. She was a working section 8 tenant and I'm also told that I can send a letter to the section special division along with all the supporting pictures and documents and they might help me to get her served and take action againist her. I really dont want to her just think she can keep doing this to landlords. Please advise.

Pansy Oliver from NYC

A: If it's a civil case, you'll need a lawyer unless you can keep it to around $5,000, then you could access small claims court. One trick is to split the rent $5,000 from the other damages into 2 cases so they're both under the limit.

Dear Mr. Reno:
I have a 16 space mobile home park. What do I have to do to make it a senior park. I have 80% of the space rented to 55 years or older. Any assistance would be appreciated. Thankyou.

Mary Mallernee-Baird colorado

A: I haven't the foggiest. Sorry, not my area. Try the local housing authority. Wherever you would go to get a rental permit. That's where I'd start.

Dear Mr. Reno:
I live in oneida NY and the city is passing a new law, in January, that will hurt us landlords and we need to organize to try to stops this from happening. IN January the city wants to pass a new law making the landlords responsible for all tenants actions. it is to state that if the police go to a building 3 times in 30 days then the city can shut down the whole building for up to one year and fine the landlord $1000. a day until this problem tenant is evicted. some times it takes 30-45 days to get rid of problem tenants because the judge here hates landlords and puts off an eviction for a long period of time before he will sign a warrant for the sheriff to enforce an eviction. Is there any way to fight this new law that the city wants to pass here?

Milt James, Oneida, NY

A: That's a little out of my area (I'm a lawyer - not a law-maker) but isn't their an association of NYC landlords? I think lobbying the legislation would be more up their alley.

Published 2010-12-20

Dear Mr. Reno:
Hello, My name is Hubert i rent out a 4 bed house and it has a guest house i rent along with it as a complete 6 bed 3 bath inc. the guest thats attached to the 4 bed house with separate entrance for the guest house . my question is the tenants have a 30 day clause on a month to month rental agreement but the tenant decided to leave and gave me in writting a 30 day notice but rent is from 1st of month to end of month and the tenants gave me notice on the middle of month but they without further notice up and left at end of month before the 30 days were up and they avoided paying rent on the 1st of that up coming month, hence left me on basically on the 15th day after the notice, is this considered a breach of contract? because he expects me to return his deposit minus the 1/2 month he left early. Or am I able to deduct the repairs and 15 days he left early. Or since he breached the contract does that mean he looses his right to the deposit return policy? Thanks

Hubert

A: Legally, you can only deduct the repairs, but you say he's agreeing to deduct the 15 days too. So that's good. Can you get it in writing?

Dear Mr. Reno:
MY question is I own a trailer and this guy I use to date is still living in my trailer . Can I evict him for drinking too much?

Joyce and I live in Anchorage Alaska.

A: He drinks? He lives in Alaska. What else is he gonna do? Try the cops first. They may help you but it depends on how long he's been there. More than 30 days probably needs a notice to vacate. If that doesn't work, call Sarah Palin.

Dear Mr. Reno:
is there a way to garnish an income tax return? i thought I would be able to?

Diane Heinlein, NY

A: No. Sorry. Only for child support, alimony, or governmental taxes and fees.

Dear Mr. Reno:
I have tenants living in a finished basement (private house) are not paying rent for the past 3 months. We know they are not going to pay and to save us headache and money, just want to kick them out. There is no lease agreement signed or anything. They were paying rent as verbally agreed upon since April of this year and stopped paying as of September. Can we just move there belongings out of the basement?

SUPREME COURT, STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------X
CITIBANK (SOUTH DAKOTA), N.A., INDEX NO.: 12921/10

Plaintiff,

-against- AFFIDAVIT OF
SERVICE BY MAIL
GEORGE SXXX AKA GEORGE P., SXXX

Defendant.
----------------------------------X
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss.:
JESSICA MXXXX, the undersigned being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides at Ronkonkoma, New York
That on October 4, 2010, deponent served the annexed RESPONSE TO NOTICE TO ADMIT on Forster & Garbus, LLP. attorneys for the Defendant in this action at 500 Bi-County Blvd. Farmingdale, NY 11735, address designated for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper - in a post office - official depository under the exclusive care and custody of the United States Postal Service within the State of New York.
JESSICA M
Sworn to before me this
9th day of October, 2010.

NOTARY PUBLIC

John M, NY

A: Yes, just move their stuff right out. Your bail should be low, and you should be out of jail within 24 hours. (Constructive eviction is illegal)

Published 2010-12-16

Dear Mr. Reno:
Hi my name is Monica I’m from Colorado.
My tenant did not give me an actually move out date, she said they wanted to break there lease to buy a home I said that was fine but they are responsible for the rent until its re- rented, they agreed.

I did post the property on 2 different websites many times, and showed the property to 6 or 7 times over 2 months. (I did post the home for 165.00 more rent then I was charging them, do to the fact that I gave them a deal for signing a 2 year lease)

They sent me a text telling me they had moved out and to keep the deposit 3 days before the rent was due.

Can she file legal action to get her security deposit back, if I keep her security deposit due to the house being vacant for the month of December & damages?

I have found a new tenant and she is signing the lease 1/11/11. This will release them from the remainder of the lease (12 months)

I do not intended on going after them for anything, although I feel I should be able to keep the security Deposit for lost rent. Is that Legal?

Monica, Colorado

A: Usually, no, but you do have the text saying you can, so I guess you better hold on to that text; you may need it!

Can you justify keeping the whole deposit for damages? Otherwise, you may have a problem unless your lease expressly allows it to be applied to past due rent.

Dear Mr. Reno:
Hi....
I was sexually assaulted by my co-lessee after he signed a court document waiving his rights to the apartment. My landlord refused to change my locks or to allow me to change my locks, so I told them I would break the lease. They turned around and served me with an eviction, even though I’d already moved out. Can they legally post an eviction to my rental record?
Thanks,

Becky in New Hampshire

A: I'm a little confused. If you've left, will they still be taking the eviction to court? Why? Did you surrender the key? If so, you can appear and tell the judge you vacated before you were served. The proceeding should be dismissed and the eviction part will not go on your record. (You may owe money for breaking the lease, but that's another story.)

Dear Mr. Reno:
Hi....tenant gives me three days notice that they are moving three months into the year lease. They supposedly bought a house. They move, turns utilities off but never returns the keys. They have a few items in the apartment, but tall junk it's all junk (broken bed and broken couch) except for a washer and dryer. We have talked to him and he keeps saying he is going ot go clean and get the stuff out, but never does. I need to rent this apartment asap. I gave him demand for rent and eviction notice (formerly known as pay or quit in NH) Can I go in there after the date given on the eviction notice to clean and prepare the apartment to rent? Thanks for your time.

Nicole from NH

A: He says he's out and is just returning to clean. I'd say he's abandoned the premises. If you're still leary, send him a certified letter (to old address if you don't have new one) that you are taking possession forthwith.

Published 2010-12-15

Dear Mr. Reno:
Hello and thanks you for your time. I have a condo in Texas have an tenant that been a tenant for 2 years signed a renewal in May for third year. In the past has never sent me one letter to complain of problem(s) there were a few a/c not cold enough heating not strong enough. Recently there was a leak (two story unit) from maybe the upstairs bath down into the downstairs ceiling ( over dining) I have responded immediately and on this last occasion three times.

The plumber can't determine any structural or reasonsable cause. said maybe they aren't pulling the shower curtain. Now the tenants want to move with over six months left on their lease. They said that they have been inconveniced. Sent me a 30 day letter asking to move and deposit back.

What should I consider, if anything??? help

Anon., TX

A: They can't break the lease because of the leak and that's obviously not the real reason. That's just an excuse. I could suggest that if they pay the last months and if they waive the security, I would let them out. IF they insist on living out their security, tell them you'll see them in court.

Dear Mr. Reno:
After one year lease expired, the contract is convert to month-to-month. Tenant is from Section 8 in Sacramento California. Our property is now on market for short sales. Our lender wants an appraisal but tenant refuses to grant access to the property, we even offered $100.00 for each visit. Our lender threats to move to trustee sales. 90-day to move out notice has been served in the first week of October 2010. Should we go to court for an order to entry the premise? Thanks Mr. Reno

DT Nguyen, Sacramento California

A: You're not gonna get it, not unless the lease gives you that right. It's tough to pull off a short sale while your renting unless the tenant is the buyer. Otherwise, if they don't cooperate, you should evict them; but is there time?

Dear Mr. Reno:
I love your site. I have a situation a married couple and 22 year old son are 2 months behind on rent. This was a verbal agreement with husband and wife, made with our apartment manager. Husband is now in jail and wife says no money.

Does the husband and wife need to be served the summons separately or since technically the husband "moved" to jail 2 weeks ago....is he still an occupant to be addressed in eviction proceedings. Or can I just serve the wife the summons? it is somewhat ambigious who this verbal aggreement was made with. your advice much appreciated.

san pedro, CA

A: Sorry for the delay in responding. You do serve the husband, but fortunately, you don't have to go to Alcatraz to do it. Usually you can serve anyone at the home. Each area has its own special rules. In my area, you give the jailbird's summons to the wife and then mail it to him at the house, regular and certified. If you're unsure of local rules, hire a process server that does evictions.

Dear Mr. Reno:
If someone is not a u.s. citizen can they still sign a lease and if so does it hold up in court should you have to take them?

Lynn Ambler-Delaware

A: Yes. Yes. (These are strange times.)

Published 2010-12-14

Dear Mr. Reno:
My name is mike griffith, my rental properties are in portland oregon. Over my better judgment I accepted partial rent payment from a tenant. I had already issued a 72 for the full amount. I did have her sign a one time partial payment form with dec. 6 th being the due date for the balance. She doesnt have the money to pay the balance, so how do I proceed now?
Best regards,

Mike Griffith, OR

A: I don't see the problem. Go ahead with the eviction, as long as her payment did not bring her current, you can proceed on a non-payment.

Published 2010-12-12

Dear Mr. Reno:
What precautions should I take when renting to a new tenant due to the bed bug epidemic to protect myself if I presently do not have any.

Cassandra Harris, New York city, NY

A: Ask a local exterminator if they can certify "no bed bug" before you rent. You can't stop it from happening, but you can establish who caused it - which may be helpful later on.

Published 2010-12-11

Dear Mr. Reno:
l evicted my tenant last month for non payment of rent,he has not paid for the last 10 months l had taken him to court 2 time before and he had come up with paper work from sec8 and other state company trying to help him pay but nothing came out of it. can l now take him to court for the rent he owns me its over $10,000 and how do l find him or get his new address?

Christopher

A: You're beyond the small claims court's jurisdiction. You'll need a local attorney to sue. As far as finding him, maybe a PI? Is it worth it?

Published 2010-12-09

Dear Mr. Reno:
We are the owners to our property and just moved in 2 months ago. Going thru the files we found some tenants who have pets and have not paid a pet deposit. We have one tenant who never paid his security deposit. Can we have them pay even if its been 6 months or more since? The previous managers never followed up.
Thanks,

Diane, Alaska

A: If it's in the lease, it is enforceable, but there's a catch. In some jurisdictions, the eviction court only has jurisdiction over rent. So in those places (like in my area) you can only evict if the lease categorizes these things as "added rent". Either way; you can sue for a judgment; the only question is can you evict.

Published 2010-12-08

Dear Mr. Reno:
I have given my tenant a 3,30,60 notice. What is my next step. it will be 30 days since rent was paid. Do I have to wait for 60 days to file a unlawful detainer?

hugo riveras,california.

A: Once the rent is past due, you don't need to wait further. As far as I know, that goes for Cal. as well.

Published 2010-12-07

Dear Mr. Reno:
I am in the process of getting a divorce. We jointly own a two family house. I pay the mortgage and all the expenses (most recently a $13K repair). My Ex has been collecting roughly half the rent and not sharing in any expenses. Recently she told the other tenant to begin paying his rent to her. I told him not to do this. He has not paid this month stating that he needs a statement from both my Ex and I telling him what to do. The guy is solid and has never missed in more than 10 years. I am sick of this situation and I would like to just kick both tenants out and sell the place. I can't afford to keep paying all these expenses and not have any of the income. Suggestions?

Paul D.

A: He should pay 1/2 to each of you. But if he pays it all to your Ex, there's not much you can do to him because he is allowed to pay either of you. It may be something your have to deal with in divorce court rather than eviction court.

Dear Mr. Reno:
I am a victim of domestic violence although it is only verbal abuse. I have one incident report where I called the police and they asked my husband to leave. I am separated from my husband. Living with my mother since September. I recently found out that my husband did not pay October or November rent and the landlord is suing us. Am I legally responsible just because my name is on the lease? My verbal agreement with my husband was (when I stopped working in March 2009 b/c I was pregnant) that he was going to cover the rent expenses. He is doing this to spite me because I took him for court ordered child support in October. Is there anything I can do against my husband or with regard to letting housing court know I’m not responsible and haven’t lived in the apartment since September?

Chrissy- New York, NY

A: You're on the hook there, sorry. A lease is a contract and you are bound by it. You could sue hubby in small claims for whatever it's worth but better to sort it all out in divorce court.

Dear Mr. Reno:
I have given my tenant a demand for rent , which expired on 12/10, and will file for eviction on Monday. I will NOT accept rent at this point. The propane company called to say that they are shutting off gas for non-payment on Monday. She has a 10 month old, but is not eligible for assistance (makes too much $$). She also had her electric shut off, I served her with default notice, and she cured within the time frame. I can show a history of non-payment by tenant of utilities, as well as a NSF check that she had previously given to me. I am worried about the pipes bursting in her 2nd floor unit, ruining her apt, as well as causing a disaster for the downstairs tenant. The eviction is not going to happen quickly enough to help. Can I mitigate my damages by shutting off the water before the pipes freeze? Here in Upstate the temps are going to be in the 20's this week. I am aware of constructive eviction, but I should not have to let a house be ruined, or let this affect the other tenants. What can a Landlord do when the law trumps common sense?
Many Thanks,

Susan S., Saratoga County, NY

A: In the immortal words of Bill Clinton, "I feel your pain." I wish I had the answer. I had a tenant that blasted all her a/c's in the summer and opened all her windows and even a skylight. The landlord turned off her electric. The police told landlord if she didn't put the electric back on, she would be arrested. So there's your answer.

Published 2010-12-06

Dear Mr. Reno:
I took my tenant to evicitions court for non-payment of rent (2 months behind) and won the judgement. My tenant file a paupers affidavit; and recently defaulted by not placing the first months rent into the J.P. court registry 749b. I filed a motion for immediate possession in the county court. Should I hire an atttorney? I dont want to loose this case. I want my home back. Thank you,

Frist Time Landlord

A: You've come this far; why would you get the lawyer now? You're right at the end. Keep plugging.

Published 2010-12-03

Dear Mr. Reno:
I am a fairly new property manager in Alabama. Can you give me the proper steps in evicting a Tenant for non payment. My tenant just keeps lying to me and my client? I am a member of the LPA.

Bill Bailey, Property Manager, SeBro Realty, Bessemer, AL

A: There's no universal procedure. It's different in every state and even in different parts of the same state. If you're trying to avoid hiring a lawyer (which seems to be the case), go to the court house. They'll give you the eviction forms for that area, or tell you where to get them. Good luck.

Dear Mr. Reno:
Can I, as a landlord have a tenants guest removed from my property? If so what reasons do I need to do so? For instance a guest brings a dog to the property where dogs are not allowed, can I call the police to have guest and dog removed?
Thank you,

Matthew H.

A: You must be from another planet (Is there a "Planet Landlord"? I wish there was.) Sounds like your tenant's days are numbered. Serve a 30 days notice, but if there's a lease, you'll have to wait until it expires and then not renew. This is Earth.

Published 2010-12-02

Dear Mr. Reno:
I am a Property Manager in the state of California. Can you please advise me about the bed bug law in California. Is the landlord responsible for paying to get rid of this problem? It is such a layered problem because in most cases the resident will have to get rid of stuff they and they will want reinbursement. Along with that if they return to the place they got them in the first place they will get them again, and whos to say they will do the work involved with getting rid of them. Please advise Thank you

Anne Snair, CA

A: I was not aware of a "bed bug law". Are you talking about infestation in general, or does Cal. actually have a "bed bug law"? If so, do you have the Californian statute section number? I'd be happy to look it up for you.

Published 2010-11-21

Dear Mr. Reno:
Hello!
Friend of family moved into my rental property. (Never deal with friends, because you let your guard down and do things that will lead to "situations" in the future!!) He has abondoned the property, stopped paying rent (3 months now) but all of his personal possessions are still there. What are my rights? I don't want to do anything illegal, but now I have good tenants interested in moving in and I want his stuff OUT! Can I move everything to a storage unit at my expense until he comes to claim it? Can I eventually claim his stuff if the courts award me a judgement in the future?
Thanks!

C.Steele

A: You're on very shaky ground. You say "all" of his stuff is there. If that's true, he hasn't abandoned the premises. Sorry, you might still have a tenant.

Published 2010-11-20

Dear Mr. Reno:
Hi i have a tenant that her grand son 16 yers old is living by her evendo he has a mother. and he is deling with drogs whats the steps i have to take to evict him

Yoel Hirsch

A: WRONG! You can't evict your tenant's grandson. He's part of the package now. If you want him out, you'll have to give grandma notice too.

Dear Mr. Reno:
Thank you for your time. The lease states that if I decide to move back from Florida, I need to give him 60 days notice to vacate. I notified him by certified mail, email, and text of my decision to move back into my house. He refused to accept the certified letter and I have no proof that the email and text were read. Can he claim that I did not give him the 60 days? He does not respond to my phone calls.

Also, what happens if he just refuses to move out (but has paid the rent for the 2 months) and I show up with all my furniture ready to move in and he is not out? Do I immediately call the Sheriff's office?
Thank you.

Jeannie M., New Hampshire

A: No, sorry, the Sheriffs only enforce eviction notices signed by judges. They don't enforce a notice to vacate. But you did the right thing, because the notice to vacate gets you to see the judge. If you have proof the certified mail went unclaimed, that will help.

Published 2010-11-16

Dear Mr. Reno:
Q: HOARDING BEHAVIORS by Tenant resulting in: Health and Safety issues caused by Fire Hazard, etc.
HOARDERS are a danger to the community and a Health and Safety violator. Can HOARDING be an immediate cause of lease violation and clause in lease to agree to move out completely within 30 days of notice to leave due to Hoarding Behavior? No court, no eviction. Can rent TRIPLE from notice to move out if so stated in lease?

June Hanna, of Illinois.

A: Yes, all that is true in landlord fantasy land. Also, in landlord fantasy land the tenant sends you a "Thank you" note each month for letting them be your tenant.

Dear Mr. Reno:
Tenant's lease was up 2 months ago, did a verbal month-to-month for 2 months, followed up with a letter. Informed tenant lease will not be renewed. Can I evict if the tenant does not leave?

Doug Snell, Sr, Pennsylvania

A: If the rent is current, you have to serve a 30 day notice first. You sent a letter. I don't know if that qualifies; probably not.

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