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Landlord Newsletter July 9, 2013 Security Do's & Don'ts

The LPA Newsletter July 9, 2013

Dear Friend,

In this newsletter:

  • Security Deposit Do's & Don'ts
  • FREE Dishonored Check Notice
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Free Credit Bureau Reporting for LPA Members
  • "Where's the Rent?" Tenant Rent Excuses

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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Landlord Do's & Don'ts
Returning the Security Deposit

What The LPA says you should do and shouldn't do:

  • DO wait until the tenant has moved completely out before returning any deposit money.
  • DON'T have a "walk-through" with the tenant before move-out to determine the condition of the rental. Tenants like to do this to reassure themselves that they will get all their security deposit back. Instead of calling it a "walk-through", I like to call it the "AMBUSH" because that's really how it is when you are put on the spot. The tenant is still in possession of the rental and is insisting on getting the full deposit back.
    *(In California, tenants have a right to a walk-through with the owner before move-out. See California Pre-Move-out Inspection

  • DO Obtain the tenant's forwarding address to send any security refunds or bills.
  • DON'T allow the tenant to leave without first giving you a forwarding address. We usually obtain this with the Tenant's Notice to Vacate form.

  • DO Prepare a Security Settlement Statement to send to the tenant as soon as you've assessed the condition of the property and charges against the security deposit.
  • DON'T wait until the tenant calls you demanding the return of the security deposit before sending your prepared settlement package.

  • DO be prepared with your Security Settlement Challenge Crusher letter in case the tenant wants to try to pursue the deposit money.
  • DON'T feel you have to keep explaining the findings to a tenant who doesn't agree with the written settlement.

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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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    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 trying to get a precedent that defined broom clean in new jersey.
    Tenants leave our properties filthy beyond belief, walls written on, rip fire alarms out to stop them triggering when they smoke or burn things, empty fire extinguishers, leave windows unwashed despite obligation to maintain in clean order and clean windows at least once a year.

    Then they claim nj law says that we have no right to charge cleaner's costs or materials for cleaning and repairs under nj statute.

    I am trying to get a
    Please advise.
    I am a member of lpa.
    Mark N., NJ

    A: "Broom clean" just means they took their stuff and threw out their garbage. You're in the proverbial grey area. Repairs are one thing. Fix the fire alarm. Save your receipt or paid bill. Window washing? Now you're pushing it. That comes under "normal wear & tear."

    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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    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 with an LPA discount!

  • NO sign-up or set-up fees,
  • NO membership fees for Quick Check
  • NO compliance fees
  • Just lower prices!
  • 24/7 access to reports!

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



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    FREE Tenant Credit Reporting
    (LPA Membership Bonus Feature)

    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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    "Where's the Rent?" Tenant Rent Excuses

    "I am in the process of trying to sell my yellow mustang. Any money I receive from the sale will be placed towards rent. Thank-you for your patience." - Martin H., AR

    "I'm a good tenant, because I've never NOT paid". But, she's late every single month for some wonderful reason. - Jude, KY

    "I worked too much this month so my government check was short" ... They are both on government support. - Barbara, New Mexico

    "Could you please file a Landlord/Tenant Complaint so I can get financial assistance to pay you the rent?" - I did, and they got the financial aid but didn’t give it to me! Her request ended with her eviction -of course! Melissa, PA

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    LPA Like buttons
    The LPA LAndlord Q&A Forum

    Now you can rate the feedback to the questions posted by yourself and others! Your rating will show readers which answers were most helpful to you.

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