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Landlord Newsletter June 2009

Dear Fellow Landlord,

When your rental property is returned in less than acceptable condition, do you ever wonder if there is anything you can do to encourage your tenants to return your rental as agreed?

In this Newsletter:

Triple Play - 3 Great Moveout Forms that Work!. (Free download)
John Reno, Eviction Attorney - Latest Q&A
The Tenant Excuse of the Day

Please e-mail us if you have any questions or would like to add or share any material / information.
John Nuzzolese
John@theLPA.com

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Triple Play - 3 Great Move-out Forms that Work!
FREE Download

by John Nuzzolese

Over the years I have found a radical difference between tenant move-outs when I use the "Triple Play" of forms and move-outs when I don't. Whether it is the tenant's idea to move or if you are requiring the tenant to leave, these forms can save you substantial money in clean up and repairs.

Preparation is key when guiding your tenant though the move-out process. The typical procedure for moving out consists of the tenant first giving the landlord "notice to vacate" (Usually written notice). Sometimes it is the other way around and the landlord gives the tenant a Termination of Tenancy Notice (A/K/A 30 day notice or similar). The use of the following forms will mitigate landlord clean up and repair costs and time.

So what is the "Triple Play" of forms that will help you minimize the need for clean up and move-out related repairs?

Tenant's Notice of Intention to Vacate
This form is used by the tenant give proper written notice to the landlord when the tenant is vacating and states that the tenant will cooperate with showing the property for re-rental or sale. It includes a place for the tenant to give his forwarding address in order to receive any security refund. It is an excellent way to help reinforce proper move-out procedure. We always staple a copy of this notice to the back of the tenant's lease to be used when the time comes for the tenant to give notice to vacate.
Move Out Instructions Reminder Letter
has become an important time and money saver. We send this form to the tenants about a week or two before they vacate. It reminds them specifically of certain tasks and cleaning they should perform in order to get a full security refund. This letter instructs the tenants how to lock up and secure the rental until it can be inspected by the landlord/ management, and also where and how the tenants should return all keys.
We have found this form to be very effective and it helps tenants to be more cooperative on the way out.
Move Out Clean Up & Debris Letter
Have you ever wondered if the tenants would have done a better job vacating if you gave them specific instructions? Much like the LPA Move Out Reminder Letter, this reminds the tenants to not wait until their last day of tenancy to put out garbage and debris. They are urged avoid clean up charges and deductions from their security deposit and to make arrangements as soon as possible to get rid of their unwanted items, rather than leave them behind in or around the property.

Inspecting the Rental for Damages: As much as the tenants may want to do a "walk through" with you to confirm that they will get the full deposit back, DON'T* until after they have moved out. And then do it without the tenants present.
There are many reasons I say this.

Most damages are found after the tenant leaves
In fairness to the landlord, you can not make a thorough list of damages and deductions with the tenant watching. It takes time to do a good inspection

Avoid a confrontation that may cause more damage from a disgruntled tenant at move-out. Let them go out smoothly. Then you are in better control over their refund.
* In California, the landlord is required to offer the tenant a pre-moveout walk through. More information at California Pre-Moveout Inspection

As far as inspecting the property and calculating a refund with your Settlement Charges Guide, Property Condition Report checklist and Security Settlement Statement and handling tenants after they leave, check out What Do I Do When the tenant has moved?

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Ask the Attorney

The Landlord Protection Agency® is proud to introduce John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.

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.

Dear Mr. Reno:
I took my tenant to court for past due rent. She was ordered to vacate the premises in 7 days and pay past due rent with fees and court costs. Her 7 days will be up 5/21/2009. I emailed her to find out about collecting my money and keys. Her response concerning the money is she is filing bankruptcy (chapter 13) - I have not received anything from any attorney. How does the bankruptcy affect me? Will that prevent me from garnishing her wages? Can I still move forward and put my house on the market today? Should I cease all contact with her and attempts to collect the past due rent? If not, what can I do to recover the unpaid rent?
Regards, Amoy S., GA

A: Your priorities are backward. Your first priority should be to retake possession of the premises and rerent it. Then worry about trying to collect. The bankruptcy will prevent collections, if she ever files, but you'll cross that bridge when you come to it.

Dear Mr. Reno:
I served a 5 day notice for rent due on 5/7/09. On 5/14/09 I filed my papers with the Clerk of the court and received a court date of 5/26/09. The tenants where served with the summons. Today 5/19/09 I found the rent in my mail box it was not sent through the mail.
I plan on returning the rent payment today when they are at home. I want the tenants to go. Is this the proper action to take? There is a lease and it was terminated after the 5 days.
Bob Mikos, IL

A: Oops! I don't think that's gonna work. I know you are technically correct, but it is very hard to evict a tenant for non-payment, once they tender the full rent. You can send it back but they'll just hand it to you in court. (This doesn't mean you can never evict them- just not for non-payment.

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Landlord Tips

Keep a record of the tenant's banking information.
If your tenant pays buy check, make a copy of the check for your records. You may need this information for future collection efforts. In the event that a judgment is awarded in your favor, the bank account can be restrained and the money can be taken from the account. - Jan Conte-Dailey
Property Condition
We have found that our properties are better maintained by tenants who have signed a Property Condition Inspection Report at Move-In. I highly recommend it. - John

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What's going on right now in the Landlord Forum?
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"The Tenant Excuse of the Day"
"The swine flu freaked me out so much, I forgot to send you the rent check." Bob Shumway, Rockford, Illinois "I have plenty of money to pay rent but my husband has to pay it because he's the man and has to take care of his babies." I'm sorry but your name is on the Lease, and your lazy, jobless, excuse-after-excuse-giving estranged husband's is not. (They were separated when she signed; however, he did stop by for the night "to visit" every couple of weeks...but that's a whole other issue). - Michael, Utah "I'm a good tenant, because I've never NOT paid". But, she's late every single month for some wonderful reason. - Jude, KY

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