Q: Dear Paul; My mother passed away and we can not afford to keep the house. We sold the house to someone that wants to live in it and not rent it out. We gave the current tenants (without a lease) 4 months notice to find another apartment. We are trying to schedule a closing date and they will not move. What can we do? Thanks Emily (Il)
A: Emily-Yes even in in your state if you are on a month to month rental agreement a four month notice is more than enough notice for the tenant to move. If they are beyond their notice to move date, you have but one choice. EVICT them! Don't place nice or play their game. Hire an attorney and get them out!

Q: What Can I Legally Say About My Former Tenants?-Bobby S. Leslie, NV.
A: Generally speaking, there are two basic approaches. First, Detective Joe Friday from the TV show, Dragnet) said it best..."Just the facts." Do not give personal opinions or observations regarding your former tenant. Give what landlords want most. They want to know if the tenant paid the rent on time. If the tenant did pay on time, say so; if he did not pay on time, say so. Ensure you have documentation to back up your position. What if the tenant in question has been given notice to vacate or is being evicted? Again..."just the facts." The second approach is to give no information, period! "Yes, they rented from me and my company policy is not to give any other information, good or bad, regarding the tenancy." What ever appraoch you utilize, keep it consistant with all your properties.

Q: I have a friend who's tenant is unbelievably filthy.
A: Question?? I have a friend who's tenant is unbelievably filthy. The apartment has not been cleaned in many months and when she went downstairs to check something ....she was appalled by the filth and dirt and mold on the dishes that were left in the sink with food encrusted on them for what appears to be weeks and/or months, as well as the filth and stink in the rest of the apartment. Her oven is caked with food and filthy pots The smell of dirt and musk floats up through her vents and into her living area. This is a very unhealthy situation as my friend is very very clean and is heartbroken as to the lack of respect her tenant has for her home. I also want to add that her daughter (a teenager) has very bad allergies and has a touch of asthma. She did not give the tenant a lease. Can she ask him to leave based on this dilemma? Please rsvp as soon as possible... Carole G. New York, NY Answer! Carole, She should consider her self lucky since there is new encumbering lease agreement. Your friend simply needs to give them a 30-day notice (Required in New York) to move out of the dwelling. Ensure the notice is given prior to June 30th so the tenant will be required to vacate on or before July 31st.

Q: Can a property manager or landlord legally deny a tenant a rental unit if the tenant is a smoker? Can a smoker be considered "protected" because he or she is addicted to a legal drug (nicotine) and protected under the status of handicapped?
A: Answer: I am not aware of any specific case law or federal regulation regarding this issue. One thing is for sure; if it has not already been done, someone will make the case that smoking is an addiction, covered under the handicapped/disability classification of the Fair Housing Laws. In other cases of addiction, such as drug addiction, a person may be considered "protected" as a result of a former addition. For5 example, you could not deny a rental unit to someone who is a recovering drug addict, solely on the basis of the former addition. However, it is legal to prohibit certain activities, such as smoking, on the rental premises. A property manager or landlord might want to consider advertising the rental property as a “non-smoking” property. Any such restriction should also be expressed in the rental agreement.

Q: I just purchased a new home and I want to rent out the home I currently own. What is the most I can charge for a security deposit? Barb, West Point, NE
A: In Nebraska, landlords can require the tenant to deposit with the landlord up to 1-months rent. For example, if you charge $1,000 per month rent, you can require a $1,000 deposit. You can likewise, require an additional 25% of 1-months rent as a pet deposit. Therefore, if you are charging $1,000 per month rent and allow pets, you can collect a TOTAL of $1,250 in deposits ($1,000 sec. dep and $250 pet dep.).

Q: Can a landlord photocopy an applicants drivers license? Doug, Broken Bow, NE
A: ABSOLUTELY! In fact, many landlords require applicants to provide 2-pieces of PHOTO identification. You have a right to know if they are who they say they are. Make sure you copy the identifications and put them in the tenant file.

Ask a Question