Landlord Newsletter | Email with Tenants: What Every Landlord Needs To Know

Dear Fellow Landlord,

What is the best form of communication between landlord and tenant? Some landlords today would say "email". Would you? Please see my article below about some of the pitfalls about using email as your primary form of communication with tenants.

In this newsletter:

• Are You a Virtual Victim of Your Tenants?
  
• Landlord Tip
  
• Free Form - Rental Binder - Deposit Receipt
  
• 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

What every landlord needs to know about E-mail with tenants

The method of email communication between two parties makes either party available for contact 24/7 at the whim of the other party. This leads to an expectation for the sender that the reciever instantly got the message or notification, when in actuality, the message may not be seen for hours, days or even weeks - depending on how often the reciever is online and check that email.

Tenant email often lacks thought and consideration that would normally go into a written letter, phone call or face to face conversation. Because emails are so impersonal, people tend to say what is on their minds or emotions without any restraint or time to think the issue over first. That often leads to misunderstandings and hard feelings.

Landlords who use email as their primary mode of communication with tenants can be setting themselves up for legal problems without even knowing it!

Now more than before, courts are accepting printed out emails as proof of official notices, repair requests and other paper trails by tenants to be used against landlords. The LPA does not recommend email communication as a medium for any official notices regarding the tenancy from tenants. For your protection,

Many landlords and real estate agents across the US use a basic Rental Binder to secure their rental deals. Although the Rental Binder is often used as a basic rental agreement, it is not and should not be used as a rental agreement or rental application. It is a pre-contract form, a binder receipt, proof that an offer has been made with an earnest money deposit.

Upon written acceptance of the offer by the owner/agent of the rental, it becomes a binder, whereby it is agreed that the rental will not be rented to anyone else before the agreed lease signing date. It is a good idea to use a rental binder form as a first step to solidify your rental deal with a non-refundable deposit, while also settting up the proposed details of your pending lease agreement, such as time, place, date and what the tenant will be expected to bring to the meeting.

Although the binder receipt is included in the LPA Rental Application, this form is especially helpful to rental agents who collect their real estate commission from the tenant because it also provides for a written agreement of the rental commission.

Rental Binder Agreement

The 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:
My tenant is moving out and expects his security and pet deposit back. He has a cat. The problem is the apartment is trashed. He has been my tenant for 4 years. I was aware of the strong urine smell in his apartment a year ago, and have hinted that I will have to inspect the apartment when he moves out to see if any of the flooring is salvageable. He told me that by law I have to install new carpeting between tenants, and if his security deposit was not in an interest bearing account (it wasn't) that I would owe him 5% interest for the 4 years he has lived there. The apartment is in Massachusetts. I'd never heard of the carpet replacement rule, but I know there is truth to the interest earned on his deposit- $200. Could your clarify the ruling if there is one and let me know about how much I owe him. Also I have pictures of how the apartment looked before he moved in. Thanks
Donna G., Massachusetts

A: I never heard of the rug thing either. You can deduct the cost of the rug, but then, in court, how do you prove it? Pictures wont show the smell! You'll need witnesses- not eye witnesses, nose-witnesses.

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.

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:

The LPA's other reporting options

For The LPA's Tenant Reporting, click here

***********************************************

Quotes for Success and Inspiration

"Tenants show their true colors in pressure situations." - John Nuzzolese

"Our greatest glory consists not in never falling, but in rising every time we fall." - Confucius

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

"How much did your last tenant problem cost you? Your LPA membership will pay for itself by helping you avoid the smallest tenant problem." - John Nuzzolese

***********************************************

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!


***********************************************

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!

Look-up Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Classifieds
Tips & Advice
Realty Brokers
Tenant Histories

Other Areas Q&A Forum
Landlord Tenant Law
Essential Forms
Free Forms
Credit Reports
About Us
Help