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The LPA Newsletter
August 9, 2011

Dear Fellow Landlord
Often, we landlords find ourselves in a position of needing to enforce our leases in order to get paid the rent that is owed by the tenants. I hope you like Bill Bronchick's article below, along with the rest of the newsletter!

In this issue:

  • Collecting Money Owed by a Tenant by Attorney William Bronchick
  • Free Form: Eviction Ramification Notice
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Landlord Tip (with free form)
  • Great 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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Collecting Money Owed by a Tenant

by Attorney William Bronchick, Legalwiz.com

Did you ever have to evict a tenant for non-payment of rent, then get stiffed for the bill? You may be able to collect what is owed to you, even years later.

First, you need a court-ordered money judgment. If you filed for an eviction in court, you received a judgment and order of possession. The actual name of this court order may change slightly from state to state, but it's the same thing - a document signed by a judge that permits a local sheriff or constable to forcibly remove the tenants from the property.

In most states you can also get a money judgment against the tenant, but this requires one of two things: 1) the tenant must have been personally served...

click for the full article...

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LPA FREE DOWNLOAD
Eviction Ramification Notice

FREE DOWNLOAD

Gives the tenant reasons to avoid the eviction process Eviction Ramifications Notice
Sometimes your tenant doesn't really grasp the consequences of a full blown eviction. This eviction letter explains the immediate and future drawbacks to the tenant caused by the process of eviction and it's aftermath.

This is another form I hate having to use, but I love its effectiveness!



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Ask the Attorney

The Landlord Protection AgencyThe Landlord Protection Agency® presents 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!)

Dear Mr. Reno:
Student Housing: How to Pursue for Damages & Unpaid Rents?
I am the landlord of a 3BR single family home where I rented individual rooms to three college grad students for yearly amounts, payable in monthly installments thru the end of August. The students are jointly and severally liable for damages and 1/3 utilities.

At the beginning of May, Student #1 and Student #2 found qualified replacement tenants (Student #4 and Student #5) for their respective rooms; however, I did not release them from the original agreement. Student #3 simply vacated without proper notice. None of them left a forwarding address.
In June, Students #4 and #5 threw a party which caused nearly $1200 worth of damages, and then they did not pay the utilities. They left voluntarily before July; however, unlike the original three Students, they merely have transient jobs, not careers, and are probably not worth pursuing. What is the process for pursuing the original Students #1, 2 and 3 for unpaid rents, utilities and damages? Thanks!
Jim

A: It's a small claims case, the problem's finding them. Sometimes I can get away with using the premises as their last known address which usually results in a default judgment (dead beats don't generally have their mail forwarded.) Sometimes the court won't let you, but usually it works.

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.

Read more from John Reno, Eviction Attorney



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Landlord Tip (with free form):

Eliminate Move-Out Problems in the Beginning.
When executing a new lease, remember to staple an Intention to Vacate form on the back of the tenant's lease. Reminding the tenant to give proper notice and proper move-out procedure can make your life a lot easier when it's time to start looking for a new tenant.- Dan A., OH

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Great Tenant Excuses

"I'm expecting a death in the family pretty soon. After that, I'll be all caught up." She's talking about her elder neglected father who should be cared for and fed. - Sharona R., NJ

"A tree limb fell and damaged my car. It was your tree so you should pay." That's why my LPA lease requires them to have renters insurance. The lease protects me, but I think this tenant may have to go. - Maxine, NY

"I found mouse droppings in my shoes. Something better be done." The rent is already late and according to our lease, you are responsible for exterminating. You really need to pay the rent or you may be evicted before the mouse is. (The mice must like strong toe cheese.) - Judy W., Bronx, NY

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Did You Know...?
If you ordered any LPA forms in the past 60 days, the LPA will credit back to you the cost of those orders when you email us your new LPA Membership order #.

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