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Landlord Newsletter September, 2012

The LPA Newsletter September 4, 2012

Dear Fellow Landlord,

"What do I do when my tenant doesn't pay the rent? Every time I ask for it and it is getting later and later? They are already behind 3 months!!"

Can you believe I hear a version of this question almost every day? Well, the answer is not as complicated as many people think.

In this newsletter:

  • Non-payment of rent: Steps for a Landlord to Take
  • Free Form - NFS Bounced Check Notice
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Where's the Rent? Excuses by tenants

Please e-mail us if you have any questions or would like to add or share any material / information. Have a great month and an even more successful year ahead.
John Nuzzolese
John@theLPA.com

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What Steps Should I Take When the Tenant Doesn't Pay?

Nonpayment of rent is obviously one of the biggest problems facing landlords. It always was and probably will continue to be. But for now, we can take steps to minimize losses when rent isn't paid.

Nonpayment of rent doesn't always mean the rent was not paid. A partial rent payment creates an unpaid portion. In many leases, including The LPA Lease, past due charges such as unpaid late fees are deemed payable as "added rent". Unpaid Added Rent is the same as unpaid Rent, valid grounds for eviction.

If you need to collect unpaid rent, there is a legal process that must be followed.

When rent is not paid on time, the landlord should be prepared to take action like an automated robot, to collect before too much time passes. Don't be strung along by the tenant waiting for some windfall that may never come.

  1. Late Rent Notice - Be prompt in issuing your tenant a late notice when the rent is not paid by the end of the rent grace period. (That is the date rent becomes late - in my lease it is after the 5th day after due date). I always recommend using a late notice that informs the tenant of late fees. ...

    Click here for the full article.


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    Do Your Tenants’ Rent Checks Bounce?


    Bounced Check One fact of being in the landlord business is that rent checks will occasionally bounce. When that happens, you, the landlord will probably not find out the rent check was returned until 3 or 4 weeks later, depending on how efficient your bank is.
    How does that concern the tenancy? It means the rent is approximately 3 -4 weeks late, plus you’ve incurred bank charges on top of it.

    Like a late rent notice, the LPA Dishonored Check Notice will inform the tenant that the rent check was returned for insufficient funds. It will ask for the balance due along with any applicable bounced check charges, late fees, and daily late charges as agreed in your lease.

    Remember, a bounced check can cause the rent to be extremely late, thereby placing you at a point in time where you may normally begin eviction proceedings, so it is important to jump on this immediately. The LPA recommends that you check your bank account often to discover bad checks as soon as possible.

    FREE LPA Form Download!

    Collect your rentLPA Dishonored Check Notice

    See more Essential Forms


    The LPA Dishonored Check Notice also contains a checkbox for the option to inform the tenant that personal checks will no longer be an acceptable form of rent payment and that they must now pay the rent in the form of postal money order, certified bank check or cash (cash only if you collect rent in person).

    The LPA also recommends that when you send a notice like this to the tenant, it is a good idea to copy and paste the late fee and bounced check clause from your LPA Lease to the bottom of the form to show the tenant the penalty fees they agreed to in their lease.

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    FREE Tenant Credit Reporting
    (LPA Members Only)

    Tenant Reporting

    Have you ever been beaten by a tenant on the rent? Most of us have and unfortunately, it is one of the costs of doing business as a landlord.
    On the brighter side, remedies are available for many. If you have documented your tenancy with the proper paperwork including a rental application, lease agreement, late notices, etc., you may have a chance of collecting.

    Credit bureau reporting is an option in which many modern landlords are beginning to participate....

    Click here for the full article


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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:
    I am currently trying to evict a tenant that has not paid rent. Approximately $3500 is owed in back rent, $400 in court fees. If I lose the eviction case based on a technicality, and the tenant is allowed to continue to stay in premises, Do I have any recourse to collect the the 2.5 months of rent, that is past due. or do they get to stay in the premises without having paid the past due rent. Eviction summons and complaint requested past rent, damages (rent from notice date until trial date), and court fees.

    Does the judge have the authority to require the tenant to pay past due rent in order to stay in the premises?

    What do you recommend that I request at the trial to enable me to receive the past due rent? The rental property is in California.
    Thank you
    Dan, California

    A: You don't lose those months. If you're dismissed, on a technicality, you refile- and include all past due rents. Feel Better?

    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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    Excuses, Excuses

    I never look at my email and never even gave them my email address. - Theresa and Carol, NY

    "Please just pretend that I'm up to date with the rent. My young daughter would be so disappointed if she knew I couldn't pay the bills." - I almost felt sorry for him.... Almost. Then I remembered I was facing foreclosure because this piece of garbage wasn't paying his rent and had been stringing me along for about a year. I evicted him. His wife and daughter left him. And then after another year of collection and excuses, I finally seized his wife's savings account to settle matters. - John, NY

    "Don't you come around here trying to collect rent on a Sunday, I don't pay no rent on the Lord's Day!" This tenant was already seriously late in her rent payment, which means she also did not pay rent on non - Lords days. Shortly there after she did not live in my property on the "Lords Day". - Jay in MN


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    Get your copy now... with a FREE BONUS! from theLPA.com


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    *Your Membership Expired? No Problem!



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    Quick Check Credit Reports, Inc.

    If you haven't already, please take the opportunity to sign up for The LPA's Quick Check Credit Reports! Quick Check is a simple, fast way to access online credit reports while saving you money!

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    LPA Members, Interested in past LPA Newsletters? Feel free to view the LPA Newsletter Archive

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