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Landlord Newsletter September 2010 - Trespassing

The LPA Newsletter
September 2010

Dear Fellow Landlord,
The long awaited Essential Form, Early Termination Lease Amendment is here (with or without penalty to tenant). We also have a new article from Lambert Munz about a serious problem that happens more often than most people think; trespassing or squatting on/in your rental property. Enjoy the newsletter ... and thanks again for supporting The LPA!

In this issue:

Article: Trespassing Explored
Ask the Attorney
NEW Essential Form! Early Lease Termination Amendment
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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Trespassing Explored
By Lambert Munz MPM, RPM, Arbour Real Estate Mgmt, Inc.

Author of House Investor's Manual Lambert Munz, MPM, RPM, Arbour Real Estate Mgmt, Inc.

In today's world, we are faced with dealing with trespassers. However, trespassers come in many different forms. They could be criminals who are intent on doing damage to the property, for no other reason than something to do. They could also be homeless people who have no other place to go. Then, there is another kind of trespasser, a homeowner whose home has just been foreclosed.

In other words, trespassing can be divided into two different groups, civil or criminal trespass. Criminal trespass is generally when damage has been done to the home, this is when the authorities come into play. However, with civil trespass, this is the act of taking the person to civil court and getting an order that prevents them from trespassing again, without the possibility of receiving possible jail time. This requires an eviction process.

CRIMINAL TRESPASS

This may be difficult to prove in some cases, because damage has been done to the property. However, you have to be able to prove who did it. This is why many trespassers get away with it, because it is difficult to prove who did the damage unless you have photographs or other types of solid proof.

CIVIL

When you know who is doing it, but cannot prove it in the eyes of law, you must take the trespasser to eviction court. In some cases, when there is damage you may be awarded damages.

WHY IS IT DIFFICULT TO PROVE TRESPASS?

Well, in the eyes of the law, it is only trespass when, as a home owner; you actually tell the person that they are forbidden from entering the property. It is further added, that trespass only exists when the "trespasser" refuses to vacate after being asked to by the homeowner. Some owners have claimed trespass to evict a tenant rather than go through the time consuming eviction court. This is the reason most officers will tell you that it is a civil matter. Perhaps, a veteran officer may know you and trust you or they may know the trespasser. In those cases the officer will escort the trespasser out of the property. ...

Click to read the full article

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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.

John Reno also does Mortgage Loan Modifications (Nationwide).
(Mention The LPA for a 10% discount!)

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:
When renting a resident unit for a company's employee. Is it more risky than renting to personal since we can do credit check. If the company is a LLC and start up company, are there any method to protect the landlord getting rent? Thank you,
Janice Asaka

A: That’s the whole idea. That’s why they incorporate - to have no personal liability. Tell them you want the principal to "guarantee" the debt. (there’s a place on most leases when they give their personal guarantees.)

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Free Temporary Download
for LPA Newsletter Subscribers

Early Lease Termination Amendment

Need to terminate a lease agreement before its expiration? Not all leases end in eviction. Sometimes landlords and tenants actually part ways under amicable, even friendly circumstances! The Early Lease Termination Amendment allows the landlord and tenant to agree to end their lease term early.

Essential Landlord Forms

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Can You Believe These Rent Excuses?

"My uncle died and I'm the only one who can pay for his funeral." - Robert Hancox, San Antonio, TX

"I know I promised to start paying on time, but it is not as easy as it sounds. It's like quitting smoking or biting my nails. It is hard to change my habits." OK, just keep paying those late fees. You're the one teetering on eviction every month. - Nikki M., NY

"The electric company turned off our power and we got NO A/C!. I have to pay the past due balance to get our power back." I know which way this is headed. My LPA notice to pay or quit is ready and the attorney is standing by. - Chris K., New Jersey

"Our iguana got stuck in the bathtub drain and we have to spend monies to dig up ground to save him." - Safiyyah, Miami, Florida

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Quick Check Credit Reports, Inc. is proud to announce its affiliation and partnership with The LPA in helping landlords protect their interests by better screening tenants at lower costs!!

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Just lower prices!

Special Tenant Screening Discounts for LPA members. See our price list!

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FREE LPA Gift with Book Purchase!

Click here to order Dani Babb's Book,The Accidental Landlord

Fellow LPA Member, Dr. Danielle Babb is a national real estate expert and author of the new Landlording Book, "The Accidental Landlord".

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Not only is Danielle Babb one of our county's most knowledgeable real estate analysts, she also shares excellent landlord information and advice in her book, "The Accidental Landlord". Plus she's a super nice person! - John Nuzzolese

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FREE BONUS - FORMS DISK
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Yes, this offer also applies to LPA membership renewals!
Having all the forms all on disk is a handy time saving convenience.

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The LPA's Rental Advertising division,"Landlord's Corner" allows you to include up to 6 pictures (thumbnails and full size pictures) in each rental ad.

(UNLIMITED FREE ADS come with LPA membership!)

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Electronic Rent Collection

LPA members have been asking me for a while now about how to set up automated rent payments with their tenants. I'd like to bring your attention to ClearNow, the leader in electronic rent collection. ClearNow enables you to have your rent automatically withdrawn from your tenant's bank accounts and directly deposited into your bank account.

If you haven't done so already, please check out