Dear Fellow Landlord,
How do you introduce your lease agreement to a new tenant? Do you hand the tenant the lease and say, "sign here", or do you explain what is expected while reading through the lease with the tenant? Your lease signing process can set the tone for good tenancy or a disastrous one.
In this issue:
- Signing the Lease - Tips to guide you through a lease signing with a tenant.
- Ask the Attorney Q&A with John Reno
- Landlord Toilet Tip
- Where's the RENT? Tenant Excuses
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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Signing the Lease Agreement
A quality lease agreement, such as The LPA Lease outlines in detail what is expected from tenant who will treat the property with pride and respect.
If possible, the lease should be read and explained to the tenant in person. It is more effective that way. After all, the lease agreement is an instruction manual for how to be your tenant in your rental property.
Before turning over a valuable asset for a mere 1 or 2 month security deposit, make sure the tenants understand and agree to all your terms. You'd be surprised at how many people are so eager to just sign the lease without bothering to read it. You can get a real idea of what these people will be like as tenants by how they respond to the terms in your lease.
For example:
- What does it tell you if the prospect has a major problem with your late fee policy? That's right, he expects to pay rent late.
- How about if the prospect argues about being responsible for minor repairs?
- Or the cleaning charge?
- Or if he has a problem with a penalty for unauthorized occupants?
- What if he has a real problem with the default clause, which outlines your rights to evict for nonpayment?
- Did you know about the Daily Rental clause in which the tenant agrees that you may, in case of a default, take on the same rights of a hotel, enabling you to have them removed and arrested for theft of services and/or trespassing?
You really can learn a lot about a tenant during the lease signing.
Remember, the lease is not meant to be used as a weapon, it is a Landlord Protection tool to defend yourself and your property from unscrupulous tenants and difficult situations.
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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:
There have been a few tenants that apply solely for themselves and move
in alone; however a few months later have someone move in as an occupant.
Often times they do it without our knowledge or consent. If the tenant
does notify us, some of them ask us to add the person to the lease. Can
we opt not to add them to the lease? Are they allowed to do this
legally? Realistically can we evict these illegal occupants?
{Ex: There's one particular tenant that I believe chose not to notify
us of her husband's planned tenancy, so that she may be approved for the
apartment (he may have bad credit, but just to clarify this is just an
assumption). It's now about 2mos. later and now decided to tell us he's
living there.}
Please advise. Thanking you in advance!
Kelly, Westchester County, New York- (We see this in CT sometimes also)
A: You're under no legal obligation to add anyone. I wouldn't lose sleep over it. (I've heard that some states, including NY, say you can't prevent someone from moving in an immediate family member, but I've never checked it out.) But what's your main beef? Is it added cost of utilities, or what? Things like that you can address in your lease. Other than that, focus on the rent. Are they current? That's the main thing.
Dear Mr. Reno:
Does and email qualify as written notice to a landlord when written notice is required after a lease expires and the tenancy goes into month to month tenancy? The email was sent to the landlord without return receipt. Wondering if this qualifies as written notice to vacate. Each party is to give the other 30 days notice of intent to vacate the property and terminate the month to month tenancy.
Mike Ibsen
A: The courts haven't figured all this out yet. The technology is way ahead of the law. Emails are creating problems in court. You can't prove who sent what and who received what. If you can convince the judge the landlord received and read your notice, your probably OK- But I don't recommend it for the future.
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Read more from John Reno, Eviction Attorney
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Landlord Tip
Toilet bowl maintenance can save you money
I opened up my water bill and could not believe my eyes. Our normal bill is around $60.00 for three months and this bill was $197. There must be a mistake! I called the water company very upset with this bill. Someone must have read my meter wrong!
Well I was the one wrong. The water company was very polite but insisted we had a leak in our house .Most times it is the toilet they said. I checked the faucets, the outside faucet, the pipes and could not see anything. Then I checked the toilet guts. I could not hear the water running but it was.
The flapper was not shut tight against the bottom of the toilet. It was a constant run of water. Could this be the cause?
I changed the guts of the toilet with a repair kit for $9.99. The next water bill went down and now our water bill is back to the average $40.
Now when we prep our houses for new tenants, we change the toilet bowl guts as part of the normal routine.
- Lou, BVR Management, Inc.
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 Lead Paint Disclosure
This free form is now required by HUD on all housing built before 1978. Landlords and real estate agents must disclose whether or not they have knowledge
of the existence of any lead base paint hazards on the premises.
Click here for Spanish version
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Tenant Excuses
"I'm sorry, I spent this month's rent on a much needed cruise vacation. Don't worry- there's a casino and I'll win back the rent PLUS the late fee!" - Sorry, but you'll have to win back the attorney fee too, cause the eviction ain't waiting for you to get back.- - Sylvia Adams, Montgomery, AL
"I was at the bus stop and had your money order in my hand. The wind blew it out of my hand and into the street. A bus drove over it and it stuck the wheel."
I inquired about a late rent payment and this was the 'reason'. Bear in mind that this was a day or two after a major WI snow storm. - Aldo, Milwaukee, WI
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