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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7081
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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This is being written by Securro, Jr, at the direction of

Customer Question

This is being written by Samuel Securro, Jr, at the direction of Ms. Cathy J. Securro regarding the recent issues with the rental property at***** Charleston, WV. This residence was rented until 11-15-16 by Cathy J. Securro, and upon checking in the area with several landlords she is informed that you did not have any legal right to move renters into that residence before her rental period had expired on 11-15-16, 2016. As you know, you allowed renters to prepare for and to begin moving into the residence four days before the rental period had lapsed. Moreover, you did not conduct a final walk-through with you and Cathy Securro before allowing occupancy to determine any conditions about the property, thus your comment about the rug “smelling” is invalid. Any conditions, in the absence of that walk thru, becomes the responsibility of the parties you allowed to have occupancy before her rental period had expired (11-15-16), which was duly paid for in full. Moreover, I will remind you that you did not do any professional rug cleaning prior to Ms. Securro’s occupancy.
Although Cathy Securro had agreed that you could bring in a carpet cleaning service (at your expense) during that period there was no agreement that renters would occupy that residence then. Additionally, before the expiration of the rental period, you sent a staff member from your business who entered the residence without her permission to do work other than carpet cleaning. She also needs to remind you about a time when you entered the house without her permission and was leaving when she came down the stairs (was upstairs cleaning) to catch you going out the door. Again, you had no permission to enter the property nor did your staff person.
A friend of Cathy’s who lives next door to the residence informed her that you knocked on his door and made comments about her being “crazy”. This seems rather obvious that you were attempting to discredit and even slander her, perhaps to cover up her allegations about your violations. Slander is a punishable crime in West Virginia.
Additionally, it has come to her attention that Suddenlink service and AEP electrical power were cancelled there beforehand, but not by Cathy Securro at that point. Apparently, you or one of your employees must have cancelled this service which is not in their name. A representative from Suddenlink confirmed that this is not allowable—for a person not on the account—to cancel such service. Again, this occurred several days before the rental period had lapsed and was not cancelled by Cathy Securro. It appears that this is a violation of Cathy’s privacy which has legal liabilities.
I will also remind you that you agreed to pay her the for the four days that remained on the rental period. That conversation occurred on your cell phone so it can easily be verified. That amount due is $124.00 ( 930/30 days= 31.00 x 4), which you said, during our conversation: “I ‘m not paying that”. Additionally, you lied about Cathy Securro agreeing that the cost of professional cleaning ($ 200.00) would be borne by her. She made no such statement. Add that amount to the 124.00, if that is what it cost. No receipt was provided. In effect you owe Ms. Securro $ 324.00.
As you see it is very apparent that you (and perhaps your staff) have acted very irresponsibly, if not illegally, and Ms. Securro is considering her options for recourse. Hopefully, you will be smart enough to know that this will not go away and will remit the amounts noted above.
For Cathy J. SecurroSigned, Samuel Securro, Jr.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 4 months ago.

Thanks for submitting your question to JUST ANSWER. That letter provides many facts and events that seem to go in many directions. This forum works best if you state specific key facts clearly and ask questions about those facts. Then we will understand exactly what information you are seeking. I look forward to assisting you.

Customer: replied 4 months ago.
I guess the major issue is the question if it is violation to rent property and allow occupancy for a party before the rental period is lapsed by the renter. Secondly, is it a violation for the landlord and associates to enter the property without permission beforehand?
Expert:  Irwin Law replied 4 months ago.

Yes basically under the terms of the lease, the tenant/renter is entitled to exclusive possession of the premises during the entire period of the lease. Placing someone else in the property without the agreement of the tenant, which would normally be in the form of a written addendum to the lease, violates the terms of the lease. Entering the property is subject to the same rules, however, circumstances may justify the entry of a landlord into the leased premises without the consent of the renter. If suit is brought the court would have to decide whether or not such circumstances existed at the time.

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Expert:  Irwin Law replied 4 months ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.