Deadbeat Partial Payments

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

My father passed away and left a rental house to my brother and I . The person living in the house has been there around 15 years. On the agreement that was signed by my parents and the attendant was for a one year lease and that the rent would be 100.00 a week. This home is in Tuscaloosa , Alabama.

1. The attendant is thousands of dollars behind in his rent. Over the years my parent let him slide. The attendant always had some problem to prevent him from paying, my question is can we have him evicted for not paying rent if there was never a renewal of the lease or anything that we can find that state he can live there regardless?

2.. We have received around 400.00 for the last 6 months. Question is : he was told that if he didn’t pay is rent for the month of June we were going to evict him. We received a check for 100.00 at end of June and just received a check for 350.00. Can we cash these.? Been told if we did take even partial payment that it would mass up getting out of the house. Is this true or can we cash the checks.?

Thank you or your help

Brittney, Tuscaloosa , Alabama

A: 1. Take the $. 2. Serve Notice of Default; let him know what you think he owes. 3. Start eviction for non-payment. Good luck.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

Ask The Attorney: Tenant Threatening to Sue

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I had a tenant who vacated and did not clean the home and there was close to $1,400.00 in damages which he refused to pay. I had 21 days to return his security deposit and I completely forgot because I was so overwhelm with the work that had to be done to the home. He sent me an email reminding me that I was late. I apologized to him and told him I would it send right out. He preferred to pick it up. His $3500.00 security deposit was minus the cleaning and the damages. The next day he spoke with a Lawyer and he threatened me with legal action and that he was entitle to a full refund of his security deposit. He took no ownership for his actions. I did return the remaining deposit because I had no time to go to court.

He rented the place for 3 years and he did not qualified to rent the home per our Property Management Company. I gave him a chance. I also told him before all this that if was to leave before the end of the lease I would only charge him for the days he will be there.
I would like to have my portion returned to me. Can you help me.

Regards,
Albert C., Clayton ,CA

A: You have won a no expense paid trip to small claims court to sue for your $1400 plus whatever. Good luck.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

Ask The Attorney: No Need to Prorate the Rent

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I am very new to the whole landlord game and recently chose not to renew a lease for a problematic tenant. I informed them well over 30 days in advance that I would not renew their lease and they actually moved out a couple of weeks afterwards. I went through the house after they left and it was absolutely filthy. I documented EVERYTHING with photos in addition to descriptive notes. After I tallied up all the damages (using the LPA settlement guide), I withheld their deposit and sent them a bill for the damages. They got the bill, refused to pay and said they would see me in court. I had originally prorated the rent for the month since they vacated so quickly, but now that I will be taking them to court, can I actually charge them for the full months rent even though on the original security deposit statement I prorated it? I still have not been able to get the house rented due to the amount of damages there were (I’m still working on the house). Please advise! Thank you for your time!
Regards,
Jess Stone

A: Yes, charge the whole month. You have no obligation to prorate. Now it is true, some small claims judge don’t follow the law & prorate anyway, but that’s another story- don’t get me started!

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

Ask the Attorney: Tenant Not Paying Utilities

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I have some one renting my house on a 30day lease and they are responsible for the electric bill but did not pay it. The utility co said they were going to cut it off. What do I do ?

I live in Indiana. Thank you

Chris J., IN

A:  So let’em cut it off. What’s the problem? (Most times, the tenants will get the money & pay it, rather than have no electricity- No TV? No Internet? God forbid! They’ll stop paying rent before they let the U-tube go off.) Of course, if you face the possibility of pipes freezing and serious damage to the home due to cold conditions, then you might have to take matters into your own hands and pay the bill yourself. The problem with that, is you may never get the tenant to pay and the tenant will stay warm and comfortable throughout your entire eviction process!!! Good luck! P.S.: If you do pay the bill, and it’s in the tenant’s name, at least keep it in the tenant’s name!

 

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

Ask the Attorney: Can I Sell my Occupied Rental when the Lease Expires?

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I have tenant whose lease expired years ago and is now on a month to month lease. I would like to sell my property; however, I would like to sell it vacant. Could I provide my tenant 60 days notice to vacate because I am selling? I have had mixed replies to this question with some folks saying I could ask her to vacate in 60 days and others saying that I can not ask a tenant to vacate without probable cause for eviction and that I have to let her stay during the sale. I’m wondering if you could shed light on this and offer any input.

Thank you, Marianne, NJ

A: No reason is required. You are cleared for take off. Serve your notice.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

Ask the Attorney: Rent Control Situation

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

It’s a rent control area. My tenant took out my kitchen cabinets and bathroom cabinet and replaced it with smaller one and took out the closet door and put curtain. I took him to court and lost because I didn’t have contract it was dismissed. Then he didn’t pay rent I took him to court and the judge forced me to make him stay and pay because his lawyer filled motion because I didn’t put my address on 3 day notice but I live in same property but different address. He called housing authority and health commissioner because he damaged my shower and cracked the lenolyan tile and broke the wall heater and broke the smoke detector so I fixed all of that. I don’t know what to do with him. He doesn’t want to move. His bringing guests over and telling me “you cannot do anything because no matter what u do I win”.

Osanna, L.A., CA

A: Wow! Where I come from, even with rent control, you’re not obligated to renew a lease. If he’s got one, and now he’s paying, unfortunately, you’re probably stuck with this nightmare until the lease expires.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.

Ask the Attorney: Tenants Moved Out & Refuse to Return Keys

ask-the-attorneyThe Landlord Protection Agency®presents John Reno, Esq.,a highly experienced Landlord – Tenant attorney based on Long Island, NY.

Q:  Dear Mr. Reno:

I have tenants that have moved out but are refusing to return the keys until they get the security deposit. I explained that I have 30 days to inspect the property and assess any damage and send them a notice of what, if any, the refund will be. They have also claimed the hot water heater is not working but have denied me access to the property and the police told me they can’t force them to let me enter the property.

The police told me as long as they are there I can’t make them give me back the keys but as of today the home is vacant. There are still a few of their possessions in the back yard but it seems to me they have moved out otherwise. Do I have the right to change the locks or am I breaking a law?
Thanks,

Renee, MI

A: It’s a judgment call. My opinion: if their clothing and valuables are gone (TV, Jewelry, Stereo) then they’re gone. Probably OK to change the locks.

Legal Disclaimer
The Landlord Protection Agency’s “Ask the Attorney” column is for informational purposes only. The questions answered by Mr. Reno on this site do not constitute an attorney – client relationship and are not to be considered legal advice. Not all questions will be answered and some may appear in the LPA Q&A Forum.
The Landlord Protection Agency recommends that you seek legal advice before using any of the material offered on this web site, and makes no guarantee on the effectiveness, compliance with local laws or success of any of the material offered on this web site. The Landlord Protection Agency is not engaged in rendering legal advice.