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Landlord Newsletter | 4 Eviction Attorney Questions

The LPA Newsletter
May 14, 2013

Dear Fellow Landlord,

Have you ever interviewed an eviction attorney before hiring one? In this newsletter, I'll share with you 4 important questions to ask before deciding to hire him or her to handle your eviction.

In this newsletter:

  • How to Select an Eviction Attorney
  • Free Form - The Criminal Background Authorization & Release Form
  • Landlord Tip - Prepare Your Tenant
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Quotes for Success and Inspiration

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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4 Qualifying Questions ...
to Ask a Prospective Eviction Attorney

Can you imagine a roofer banging in the nails in your new roof with a pipe instead of a hammer?
How ridiculous! With that in mind, do you have any idea of how many landlords get legal advice on landlord tenant matters from unqualified family members and acquaintances?

Some landlords even ask their other tenants or their unqualified brother in law for advice. The sad fact is most landlords DO NOT even have an eviction attorney to turn to when tenant problems arise. They'd rather ask their friends, neighbors, and auto mechanics for advice. Most are too afraid to employ a lawyer because of the expense. The courts are full of novice landlords having their cases thrown out in favor of the tenant because of some minor mistake in the paperwork, all because they were trying to save the attorneys fee. Well, I have news for those landlords: Bad tenants who don't pay rent are almost always more expensive than paying an attorney to do a quick eviction.

A real estate attorney experienced in landlord tenant law is an essential element of your landlord tool-kit if you want to be successful as a real estate investor / landlord.

If you are searching for a good landlord attorney, there are a few ways to narrow down your search.

  • ask your family attorney (if you have one) for a referral.
  • ask a local real estate rental office
  • ask a local property management company who they recommend.
  • My favorite and most reliable way to find the right eviction attorney is to go to your local courthouse during a landlord - tenant court session and sit there listening to the cases. Watch the performance of the attorneys. (It may take an hour or two, but the time spent will be well worth it.) Then just choose one of the attorneys who auditioned for you. And of course, Beware of high priced con men who charge by the minute!

If you are going to interview eviction attorneys, I suggest you ask these 4 key questions:

  1. Are evictions your specialty?
  2. How many evictions do you usually do a month? ....

Click here for full article



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LPA FREE DOWNLOAD
Criminal Background & Release Form
The Criminal Background Authorization & Release Form will remove any doubt of whether the tenant is being up front with you. Not only will you have the tenant's full authorization to do a criminal report with law enforcement agencies, you also have the written authorization required to obtain a credit report.

The fact that the tenant has nothing to hide and is willing to release credit and criminal (if any) history to you shows good faith and cooperation in the screening process.

This form should be used in addition to the LPA Rental Application.

FREE DOWNLOAD

Credit Reports & Criminal Checks Save Landlords.The Criminal Background Authorization & Release Form




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Landlord Tip

Prepare your tenant
To avoid an unprepared tenant at the lease signing, be sure to instruct him on what to bring with him beforehand. We like to always require the tenant to bring a copy of his driver's license, social security card, and the balance due in certified funds, money order or cash. Also, if there are any other adjustments, we'll advise them at that time. - Lou, BVR Management

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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:
A non-payment suit was filed against the tenant, who has not paid for last two months. She walks away, abandoning the property, causing mass destruction making the property uninhabitable. What’s my recourse? Can I file a criminal suit? Should I pursue the non-payment case filed in Landlord Tenancy court? Can I claim the back rent, without the court order? Can I file a claim in the Small Cause Claim court without a court order? The tenant has exhausted her security deposit..how can I make a claim against the damages she has caused? I have several pictures taken, to witness the damages? Thank you,
Leena D.

A: The answer is.. small claims court.

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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Credit Bureau Reporting

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.

The LPA recommends tenant and credit reporting to our members.As landlords ourselves, we do not believe tenants should get away "Scott Free" for leaving their landlord with a mess of unpaid rent, damages and other unpaid responsibilities. The prospect of reporting delinquent rent onto the tenant's credit record creates an incentive for the tenant to preserve his good credit, or to clean it up in order to some day qualify for a loan or mortgage.

A delinquent landlord debt is a serious mark against a consumer tenant's credit report for seven years and will likely:

  • limit the tenant's ability to find good rental housing in the future
  • limit their ability to qualify for a mortgage or other financing
  • require them to pay higher interest rates on any loans they acquire
  • limit employment opportunities

    Notifying the current or former tenant that you intend to report their rental debt or payment history can be done in the following ways:

  • The LPA's Essential Forms:
    Credit Reporting Disclosure Notice , or Credit Reporting Disclosure Notice to Former Tenant
  • The LPA's National Tenant Raiting Bureau
  • The LPA's other reporting options

    For The LPA's Tenant Reporting, click here


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    Quotes for Success and Inspiration

    "If you want to survive as a landlord, You can not run your business from your heart. You have to run it from the head." - Nick Koon, Hard Nose Landlording

    "One of my biggest fears is having a tenant with more landlord - tenant knowledge and expertise than I have." - John Nuzzolese

    "The winners in life think constantly in terms of I can, I will, and I am. Losers, on the other hand, concentrate their waking thoughts on what they should have or would have done, or what they can’t do." - Denis Waitley

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

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    LPA Membership Expiring?
    Take Advantage of our low Renewal Prices!

    How to Check your LPA Membership Expiration Date:

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


    *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!

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

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



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