Landlord Newsletter • Non Email Disclosure

Dear Fellow Landlord,
Do you get constant emails from your tenants? I find this issue is split with pros and cons. Some landlords prefer to communicate with tenants because it is easier for them, while other landlords prefer not to communicate with tenants by email for the same reason; because it is easier for the tenant to make requests, complaints or just plain be annoying.

In this newsletter, The LPA provides a free download of our new Essential Form, the Non E-mail Disclosure Addendum for landlords to notify tenants that email will not be recognized as an official form of communication regarding the tenancy.

In this issue:

• FREE Download: Non E-mail Disclosure Addendum
  
• Ask The Attorney! Q&A with Eviction lawyer, John Reno
• 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

Non E-mail Disclosure Addendum

Non E-mail Disclosure Addendum discourages the tenant from easily abusing contact with the landlord through email. In today's hi-tech society, it is common to find tenants though internet ads, such as Craigslist, The LPA Rental Ads and other rental websites. This is how the tenants usually obtain the landlord's email address.

For various reasons, some landlords prefer the tenants do not use their email to address any official issues or problems concerning the rental. The landlord may not check email frequently enough, may not feel comfortable handling rental business by email, or maybe would prefer to not make tenant-landlord contact so available or frequent. Whatever the reason may be, the landlord now has the option at lease signing to disclose to the tenant that further communications should be done by telephone and or in writing.

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 know you are very busy but I am hoping you can answer this question soon. Is it still legal for a landlord to give a 30-day notice to a tenant himself or does it have to be served by some one else now and an affidavit signed by this person. I live in upstate NY between Syracuse and Utica NY It used to be a landlord could give it to a tenant but when I spoke to the court clerk on Friday she said it is up to the judge and could not give me a answer to this question.
Milt James ( member of the lpa), NY

A: As we say in law school, there's "a split in authority" on this; I've read case summaries that go both ways. The old case said as long as you notify them, but the trend is that courts are requiring it to be served like a summons, which means a party to the action can't do it.

Dear Mr. Reno:
We are Landlords in Richmond, VA. We have single family dwellings. This Winter the tenant called to let us know that the furnace went out. We called the service man, but he could not go until the next morning. From the time the tenant called and the time the furnace was fixed was less than 24 hours. The tenant told us that they were going to a motel and we had to pay for it. Can they really do this? If they can, can we set a limit to how much they can spend a night? Thank you.
HBRAVO, Richmond, VA

A: This often comes up. Some leases have provisions (fine print) that limit claims like this which are called "consequential damages". If you don't have a lease protecting you, they do have a claim. So put it in your next lease, if you have a problem with it.

Dear Mr. Reno:
Please advise me - ASAP - a solution to my problem.
In heat of argument with my sister, last year I willed my house and property to handyman who has been living in my home for ten years. He has never paid any rent, any utilities or for any thing since he's been here. He tricked me into signing my car over to a friend of his, and now he is using my credit card and checking account. He has even bought a truck for himself. I now want to change my will and have him removed from it. I am an elderly lady and want this done as soon as possible as I may not have much longer to live. Please advise me ASAP. Thank you.
Maryanne P., Philadelphia, PA

A: Well at least you haven't deeded the house to him, at least not yet. (He'll have to wait until you pass on.) You can change or rewrite your will any time now. What are you waiting for?

"I have a child" - KM Tennessee

"I have to save up for another place. A roach crawled into my ear and I had to have it removed in the emergency room!"This tenant is 2 months behind in the rent and by the looks of the housekeeping, it is not surprising that there are roaches. - Walter M., Baltimore, MD

"Here’s your check, but I don’t have the money in the bank, so don’t cash it. My dad is going to send me $200 on Monday." The check included $75 that they still owed from last month. - Marie W., Washington

"I ain't paying no rent. You got black mold!"When the tenant showed me the "mold", it turned out to be a stain on the garage floor where her car has been leaking oil. She still didn't have the rent when I explained that it's not mold and she's responsible for the cleanup of the oil. - Thomas N., Golden Gate, FL

"You are crazy. Your wife is ugly. I'll pay the rent if and when I'm ready." I may be crazy, but my wife's not ugly. How can I NOT evict this creep now? - M.R.

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