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.

Are landlords required to install new flooring for disabled tenants?

1Question: I am a property manager at a low-income apartment complex. Last year, a tenant in a wheelchair told me that she needs the carpeting in the unit changed because her wheelchair gets caught in the fibers, making it difficult for her to move forward. We understand that we have responsibilities to accommodate people with disabilities, so we replaced the carpet with laminate flooring. The project cost us over $1,500.

Now another tenant who uses a walker brought us a doctor’s note saying that she also needs laminate flooring. I have seen her around the property talking to the tenant whose floors we did, so I know they are friends, and I know that’s where she got the idea to make this request. Do we have to replace the floors in her unit as well? What if all the tenants want new floors?

Answer: What your tenants have asked for is a reasonable modification — a structural change that gives an occupant with disabilities full enjoyment of the premises.

Although housing providers generally do have to allow reasonable modifications needed by persons with disabilities, tenants must pay for these modifications themselves unless the housing provider receives certain kinds of federal financial assistance. In that case, the housing provider has to pay for the modification unless doing so would create an undue financial and administrative burden.

The fact that you are a low-income housing provider and paid for the first modification may suggest that your complex does receive some form of federal funding, but you should discuss the matter with someone familiar with the funding at the complex and the requirements connected to that funding.

Neither the fact that the two tenants are friends nor the fact that you replaced the flooring in the other unit at your own expense changes your responsibilities under the law. This new request should be evaluated on its own merits: If the tenant has a disability and if the modification is necessary to allow her full enjoyment of the premises, then you must permit the modification.

This is true for every tenant who makes the request, regardless of how many there may be. But remember, of course, that if the tenant must pay for the modifications, the financial burden of replacing the flooring falls on the tenant, rather than on you. And if you do receive federal funding, if and when the cost of replacing the carpet with laminate flooring for multiple tenants rises to the level of an undue financial burden, you may not be required to grant further requests.

A final note, if the tenant would have to pay for the modification herself but cannot afford to do so, she may be able to get assistance from a nonprofit or charity. Contact a local disability rights agency to see what programs might be available in your area.

Source: latimes.com