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Landlord Newsletter January 2013

The LPA Newsletter January 8, 2013

Dear Fellow Landlord,

Is 2013 treating you right so far? I hope so. I believe John Wooden when he said, "Things turn out best for people who make the best out of the way things turn out". January is always a month of resolutions and taking charge. Being prepared as best you can for what lies ahead is crucial, especially when you're dealing with tenants!
If you're not already taking advantage of the benefits and forms included in LPA membership, please don't delay!
"Just one tenant problem avoided can be priceless!"

In this newsletter:

  • 10 Question Landlord Quiz
  • Free Landlord Webinar: How to Collect Back Rent from your Former Tenants
  • Free Lease Addendum
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Quotes for Success

Please e-mail us if you have any questions or would like to add or share any material / information. Have a great month and an even more successful year ahead.
John Nuzzolese
John@theLPA.com

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Free Landlord Webinar:
How to Collect Back Rent from your Former Tenants


Cynthia and Gary Schmidt's - Collect Back Rent Landlord Training Course Can my ex-tenant go to jail for not paying the rent?
We are asked that question often. The answer is no... But, if you have heard us speak or have attended one of our Webinars or Seminars, we mention that several of our former tenants have been arrested! This happens in "post-judgment proceedings."

We get the signed order from the judge stating how much money we are owed, but it is totally up to us to get the real money to satisfy the judgment. In an attempt to get the defendant to show up to the post judgment proceedings, the judge is able to hold the defendant in Contempt of Court for failure to appear to the Rule or failure to abide by a court order, which results in a Bench Warrant/Body Attachment.

A Bond is then set in which the plaintiff (landlord) can motion for turn-over. So, the defendant (tenant) is arrested for failure to appear not for the money judgment.

Since we are the plaintiff's, it is up to us to initiate the whole process. It offers relief and some satisfaction that our voice for justice is now being heard and taken very seriously!

We got a large dose of satisfaction recently when a former tenant of ours entered a Motion to Vacate judgment in the Eviction (Forcible Detainer) court and the 30 days had lapsed for vacating. During this time, we had already proceeded to post judgment and a Bench Warrant for her had already been issued.

We attended the Motion in the Eviction court and were called to the podium where the judge reviewed the court files and stated, "I see no reason to vacate the judgment and it is past 30 days."
He was just about to close the files when I mentioned to him, "Judge, there has been a Bench Warrant issued for her".
He showed her the Warrant and motioned to the bailiff to escort the defendant to jail. She posted the bond and it was granted to us at the bond hearing.

One of our most irritating, disagreeable tenants, got a taste of the landlord's power that day.

Finally, we have the ability state our case rationally and orderly in a calm courtroom atmosphere and to be heard and understood. Knowing all you can about the court system enables the "power."

Cynthia Schmidt is LIVE discussing HOT TOPICS on Collecting Back Rent!

We are having a live webinar on January 10th 7:00 pm (Eastern) to discuss more procedures.

Click here for the free webinar or register on the website: Cynthia and Gary Schmidt from the Collect Back Rent Training Course For Landlords (www.CollectBackRent.com)

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Landlord Quiz: You know all these... Right?

How do you score as a landlord? Are you prone to landlord traps?

Answer the following multiple choice test questions and find out.
Instructions: Click on the answer(s) of your choice to see if you are correct.
(Some questions have more than one correct answer)

1. What should I do if the Tenant doesn't agree to sign my lease because he disagrees with the late fees?

2. What 3 things are most important when screening a tenant?

3. A security deposit is primarily to:

4. When the tenant signs a completed __________________, the property is usually returned with less damage:

5. Harry and Sally are constantly clogging their toilet and complaining about it. Each time, your plumber tells you there is nothing wrong with the toilet, but they are flushing objects they shouldn't be. You've already told them not to flush certain items. What form should you use to help with this problem?

6. The tenant has not paid the rent. It is the tenth of the month and you haven't heard anything. What form would you use?

7. The LPA Lease makes tenants

8. Tenants can be reported to the credit bureaus through what kind of account?

9. "95% of tenant problems can be eliminated in the...

10. Landlords can warn other landlords by reporting their tenants to



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Ask the Attorney

The Landlord Protection AgencyThe Landlord Protection Agency® presents John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.

John Reno also does Mortgage Loan Modifications (Nationwide).
(Mention The LPA for a 10% discount!)

Dear Mr. Reno:
I had a month-to-month lease with a tenant in North Carolina. They gave me less than 30 days notice of their move-out date, but I had collected the last month's rent up front. They moved out on the 15th, I owe them some pro-rated rent from that last month. Can I pro-rate it based on the 30 days notice that our lease stated? Or must I pro-rate it based on when they actually moved out?

PS. They are not getting any security deposit back based on the poor condition that they left the property. Can I use any of that last-month's rent toward damages?
Thank you for your time.
Katherine, North Carolina
LPA member

A: You're really under no obligation to prorate it. If they left in the middle of the month with less than 30 days notice- You can keep it all. So if you want to refund some to be a nice guy, fine. But don't use the security. That's for damages.

If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Submit a landlord / tenant question for Mr. Reno
Please try to keep your questions as short and to the point as possible.

Read more from John Reno, Eviction Attorney



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LPA FREE DOWNLOAD
Free Lease Addendum Form

Need to Add Additional Terms to Your Lease Agreement?

Click for More Essential Forms


to Essential landlord rental forms page to order A Lease Addendum form can be used for making additional information or clauses a part of the lease.

When meeting with the tenants to do a lease signing, we often think of certain rules or clauses we'd like to add into the lease agreement. Most leases and rental agreements do not provide room for extra lease clauses (unless you are using The LPA Lease Agreement in word processor format)

The lease addendum form can easily be filled in at the time of lease signing with topics that are important to you that may not be already included in the lease agreement form. It's a handy form to have in your folder if the need arises to add any special clauses to your lease. (LPA members: MS Word and PDF fill-in versions available in Essential Forms!)

.

FREE DOWNLOAD

Lease Addendum Form




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Landlord Success Quotes


eleanor roosevelt quotes Yogi Berra quotes Thomas Edison quotes Benjamin Franklin success quotes



"It is better to have NO tenant than it is to have a bad tenant." - John Nuzzolese

"Success is often achieved by those who don’t know that failure is inevitable." – Coco Chanel

"I would not want to be a politician... Let me tell you this: If I was campaigning, and I go against my opponent and he started attacking my character, and I leap over the table and choke him unconscious, would that help my campaign?" - Chuck Norris

"Losers live in the past. Winners learn from the past and enjoy working in the present toward the future." - Denis Waitley

"How much did your last tenant problem cost you? I expect your LPA Membership and arsenal of Essential Landlord Forms to save you from countless pitfalls and thousands of dollars on tenant related expenses in the coming years!" - John Nuzzolese




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How to Check your LPA Membership Expiration Date:

  1. Be logged in with your LPA username & password
  2. On the "Main Menu" (top right), click on "Your Orders" (right below your name)
  3. The beginning date of your membership will be listed to the left of your membership order # in this format: YYYYMMDD


*Your Membership Expired? No Problem!



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Quick Check Credit Reports, Inc.

If you haven't already, please take the opportunity to sign up for The LPA's Quick Check Credit Reports! Quick Check is a simple, fast way to access online credit reports while saving you money!

  • NO sign-up or set-up fees,
  • NO membership fees,
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    Special Tenant Screening Discounts for LPA members. See our price list!



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