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Landlord Newsletter - Defenses Tenants Use in Eviction Court

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The LPA Newsletter October 16, 2012

Dear Fellow Landlord,

Can you guess how many landlords go to eviction court unprepared for the tenant's defense? A lot! (Keep in mind many tenants take advantage of free legal services offered in the courts!)

"Fail to prepare, prepare to fail."

In this newsletter:

  • Tenant Defenses to an Eviction
  • Free Landlord Form
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Quotes for Success

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


by Kenneth E. Wimer, Attorney at Law

I generally don't worry about a tenant's defenses, for one very good reason, I don't pursue cases that will lose. The trick of course is to identify the cases that are losers and the winners.

The primary defenses are:

1. Habitability;
2. Inaccurate facts; and
3. Retaliatory Eviction

Briefly, Habitability is a defense, in California, to a complaint that asks for money. If you feel that your case has a problem with the issue of habitability, then you will avoid serving a 3 Day Pay Rent Or Quit, but instead, if possible a 30, or a 60 day notice to terminate tenancy. Keeping in mind that 30 and 60 day notices are only available to month to month tenancies, not an unexpired lease. There are of course other notices that you can use, such as 3 day notice to terminate tenancy (nuisance), and a 3 day termination for breach of a non-curable covenant, these will be covered in a future article. The main problem with these last two notices is proof...

Click here for the full article.


Save yourself a little work with the ...
Move Out, Clean Up and Debris Letter

Move-out Debris

Have you ever wondered if the tenants would have done a better job vacating if you gave them specific instructions? Much like the LPA Move Out Reminder Letter, this reminds the tenants to not wait until their last day of tenancy to put out garbage and debris. They are urged avoid clean up charges and deductions from their security deposit and to make arrangements as soon as possible to get rid of their unwanted items, rather than leave them behind in or around the property.


This has proven to be a landlord's clean-up helper. Get the tenant on the job before he movesMove Out, Clean Up & Debris Letter


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 signed a lease with a tenant, he moves in , and after the first month he stops paying me.

He now vacates the apartment and without filing out a notice to vacate. I have sent two five day notices to pay and vacate with no response. He has moved all of his belongings out and left the one set of the keys. I want to know if I can show and rent the apartment while he still has a lease.

A: He has abandoned the premises. Also, when he gives you keys, that makes it official. You are cleared for take off.

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


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 bright side, remedies are available. 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


Wealth Secrets and Quotes

"When you need advice- do you seek someone who has proven success or do you get advice from people who have never achieved what you desire?" - Robert G. Allen

"You'll have time to rest when you're dead." - Robert De Niro

"It shall be done." - Bill Peck (Character in "The Go-Getter")

"Losers are people who are afraid of losing." - Robert Kiyosaki

"How much did your last tenant problem cost you?" - John Nuzzolese


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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!

  • NO sign-up or set-up fees,
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  • Just lower prices!

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


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