|Landlord Newsletter February 2009|
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The LPA Newsletter
Nonpayment of rent is obviously one of the biggest problems facing landlords. It always was and probably will continue to be. But for now, we can take steps to minimize losses when rent isn't paid.
Nonpayment of rent doesn't always mean the rent was not paid. A partial rent payment creates an unpaid portion. In many leases, including The LPA Lease, past due charges such as unpaid late fees are deemed payable as "added rent". Unpaid Added Rent is the same as unpaid Rent, valid grounds for eviction.
If you need to collect unpaid rent, there is a legal process that must be followed....
Dear Mr. Reno:
The deadbeat tenant moved out before the marshal come and I got the keys. He left some books, shirts and empty bags. Do I need to store them? He didn't leave me a forward address. Do I need to send him a letter to pick them up? What do I need to do to protect myself? Thank you so much.
A: The only way you can protect yourself is to store them for Thirty days (60 to be really safe.) After that, the books go Amazon.com and the shirts go on E-bay.
Dear Mr. Reno:
I really screwed up,I let the renters move in 1 week early and we have not completed the rental agreement. Their official start date to start paying is Feb 1 09,they gave me two checks one the deposit check and the other the first months rent,the monthly rent is $1900.they dated the deposit check for 1/16/09 and they asked if I could deposit the check on the actual dates. Anyway the deposit check bounced and she told me about it and said that when I came by they would have a cashiers check waiting for me. They moved in this weekend and said that they did not get a chance to get me a cashiers check, to please come by and they would have it on Monday.. the rental agreement is still not signed. I have no money from them and they are in my home. What can I do? please help.
William Miller, CA
A: There's only one thing you can do. Commence an eviction for non-payment of rent. Sorry. I have no magic wand to fix this disaster. (One other thing, call local police. Check Bouncing is a crime. In some places, the Court will force them to make good on their checks.)
Each year we have to remember to takes steps to protect our rental properties from the forces of winter. Below are a few plumbing tips I got from The American Red Cross.
Why pipe freezing is a problem
Water has a unique property in that it expands as it freezes. This expansion puts tremendous pressure on whatever is containing it, including metal or plastic pipes. No matter the "strength" of a container, expanding water can cause pipes to break. Pipes that freeze most frequently are those that are exposed to severe cold, like outdoor hose bibs, swimming pool supply lines, water sprinkler lines, and water supply pipes in unheated interior areas like basements and crawl spaces, attics, garages, or kitchen cabinets. Also, pipes that run against exterior walls that have little or no insulation are also subject to freezing.
Pipe freezing is a particular problem in warmer climates where pipes often run through uninsulated or under-insulated attics or crawl spaces...
"My husband got some new tattoos that got infected so he's missed work and lost his job. The tats weren't cheap y'know, and now he's gotta get a new job! Whatd'ya want from us???" Let's start with the rent, and then the late fee. I can't lose my property because of tattoos! - Louis, Tustin, CA
"There are crickets all over the place. Yesterday one was in my soup. I'm not payin till you get rid of the crickets." This tenant doesn't close doors or windows and is responsible in the lease for pests and exterminating. This silly excuse won't work to get him out of the late charge. Funny I only heard about the crickets when I asked where the late rent is. - Jack Klein, NY
"The man who makes no mistakes does not usually make anything." Bishop W.C. Magee
"I will persist until I succeed.
I was not delivered into this world into defeat, nor does failure course through my veins. I am not a sheep waiting to be prodded by my shepherd. I am a lion and I refuse to talk, to walk, to sleep with the sheep.
The slaughterhouse of failure is not my destiny.
I will persist until I succeed." - From the ancient scroll marked lll in the book, The Greatest Salesman In the World
"How much did your last tenant problem cost you?"
- John Nuzzolese
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