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Landlord Newsletter February 16, 2010

The LPA Newsletter February 16, 2010

Dear Fellow Landlord,

In this issue:

How to Find a good Eviction Attorney
Ask the Attorney with John Reno
TIP: How to Find a good Eviction Attorney

If you are searching for a good landlord attorney, first ask your family attorney (if you have one) for a referral. Then ask a local real estate rental office or property management company who they recommend.
My favorite and most reliable way to find the right eviction attorney is to go to your local courthouse during a landlord - tenant court session and sit there listening to the cases. Watch the performance of the attorneys. (It may take an hour or two, but the time spent will be well worth it.) Then just choose one of the attorneys who auditioned for you.
Beware of high priced con men who charge by the minute!
If you are going to interview eviction attorneys, I suggest you ask a few key questions.
1. Are evictions your specialty?
2. How many do you usually do a month?
3. How long does the average eviction take from beginning to end?
4. How fast can we have these tenants in court?
An "on the ball" eviction attorney will have the answers to these questions on the spot. Pay attention to # 4- because that should be an easy one to answer if the attorney is familiar with the Landlord Tenant Court schedule.- John@theLPA.com

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Ask the Attorney

John Reno, Esq., is a highly experienced Landlord - Tenant attorney based on Long Island, NY.

"If you are an LPA subscriber and 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’ve been a foolish & unprofessional landlord (no more!!!). I live in a very small town & for years have rented a couple single family houses by “oral contract”. I now have a tenant who not only is very late on rent, but I just recently received HER water/sewer bill, electric bill, & heating bill ! I haven’t spoken to her yet or taken any other action – I’m trying to educate myself a little first.
Dave

A: Don't feel bad, all landlords go through a learning process. I'm a big proponent of putting the utilities in the tenant's name whenever possible. As far as the rent, you should send her one strong letter, and advise her of the DEFAULT. If that doesn't work, well, you know what comes next. Don't dawdle.

Dear Mr. Reno:
She has a renter, that has a lease, and is 30 days behind on lease payment. how can she get him out?
thank you
Ron S., WA

A: You don't have to wait for the lease to expire if the rent's late. You can start the eviction for non-payment anytime now.

Dear Mr. Reno:
I am a LL in NJ. I filed an eviction suit and won by default judgement. Today, I attended a hearing for a "Motion to Show Cause" and the judge ruled in my favor too. I am expecting the Warrant of Possession to be served soon. Is there still any way my tenant can have the court put a stay on the eviction process at this point in lieu of full rental payment? Thank you. - Alex, NJ

A: Yes, believe it or not, they sometimes can and do. All I can say is they will have a harder and harder time every time they try to stop it. The first Show Cause is easy to get. The 2nd one is hard.

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