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Landlord Newsletter Feb 15, 2011 - Attorneys Notice

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The LPA Newsletter
February 15, 2010

Dear Fellow Landlord,

In this issue:

The Attorneys Fee Warning Notice Free Download
Ask the Attorney, Real Estate Attorney, John Reno
LPA Lease Clause: BASEMENTS AND GARAGES
Some of the Best Tenant Rent 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

*********************************************** What do I do when the rent is very late and I'm About to Start Eviction proceedings??

Attorney's Fee Warning Notice

The purpose of the Attorney's Fee Warning Notice is to allow the tenant one last opportunity to pay and avoid an attorney's fee that will be added on to the current charges before you send the account to your attorney .

Even though the Urgent Late Notice clearly states that the rent is late, late fees are due and the account is in eviction status, the Attorney's Fee Warning Notice has been know to get positive results.

This Form Brings Results!
Limited Time Only: Free Download for LPA Newsletter subscribers.

Attorney's Fee Warning Notice

Attorney's Fee Warning Notice

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FREE LPA Lease Clause: BASEMENTS AND GARAGES

Have you ever had a tenant threaten to sue you for damages to personal property because they stored it in the garage or basement? I have.

Sometimes basements and garages leak or are subject to moisture and mildew and can cause damage to personal property. We find this clause is most helpful in leases for single family home rentals, but has also been successful in multi family dwellings. (Also keep in mind the Renters Insurance clause!)
 BASEMENTS AND GARAGES In the event the dwelling has a basement or garage, use of the basement or garage is not included in the rent, nor shall it be considered living space. Any use of the basement or garage shall be at Tenant's own risk. Tenant agrees to be responsible for maintaining these areas properly, including using a dehumidifier in the basement to minimize moisture.

Just copy and paste into your lease document. (If you already use The LPA Lease, the clause is already there.)

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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:
I gave my tenants a letter to move out. It was supposed to be a 60 day notice but I put Jan 4 on the letter and told them they had to be out Feb 28. They confronted me and said this was not a 60 day notice. I said ok, I can change that. Do I have to send them a new letter? They have done nothing wrong and they are up to date on their rent. I am just selling the home. If they are not out by the 60 days do I have to file a eviction notice with the court or can I just call the police and they make them leave right then? Also, my Mom is their landlord and is the only one on the lease. I am the owner of the house though. My Mom moved to Mexico so can I be the one to get them out or does she have to be the one? Thank you.
Jennifer L., GA

A: You haven't mentioned unpaid rent, so I'm assuming they're current. That's a problem. If they were entitled to a 60 day notice, you haven't given it. Dum - Di - Dum - Dum.

Dear Mr. Reno:
I am the owner of a 4-unit rental property. I have a vacant unit and would like to rent it to my boyfriend. I will be spending weekends with him. Is it in my best interest to have him sign a rental agreement or not? I was told to have a co-habitation agreement as well signed between us to protect myself from being sued if we should not get along and he had to leave the unit. The 2nd question is if I spend weekends with him, can I then claim the property as owner-occupied? Thank you.
Colette, CA

A: You need to separate your business affairs from affairs of the heart or you'll have muchas problemas. You want a cohabitation agreement as a partner - or a lease as his landlord. Pick one, not both.

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Memorable Tenant Rent Excuses

"We sent the rent to our attorney. He'll give it to you just as soon as you prove you are current with your mortgage." You can pay me now or in court with my attorney's fees added on. It's your choice. Some people are too smart for their own good. Idiots! - Larry H., Bellmore, NY

"It’s your fault the check bounced. Why didn’t you tell me you were going to run to the bank the very same day?!" Since she had bounced checks before which was also my fault…I thought I would try and cash it . - Penny Clissold- Houston, Tx

"The skylite leaked and caused the kitchen light to blow! We called the fire department. I aint afraid of nutin, but I'm afraid of foyer." How does that affect the rent? I wish I didn't have so many tenants' lame excuses to list, but they just keep coming. - Steve S., BVR Mgmt, NY

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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 knowledgable real estate anylists, 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
comes with all 2 - 5+ year LPA Memberships
Be a more powerful landlord - able to handle just about any landlord / tenant situation in a professional way, saving you time and money.
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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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NEW SITE FEATURE: PICTURES!
Worth A Thousand Words!
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!)

LPA members: FREE!

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LPA Membership Expiring?
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How to Check your LPA Membership Expiration Date:

Be logged in with your LPA username & password
On the "Main Menu" (top right), click on "Your Orders" (right below your name)
The beginning date of your membership will be listed to the left of your membership order # in this format: YYYYMMDD

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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 …