Landlord Newsletter - Eviction: Attorney's Fee Warning

Dear Fellow Landlord

"I learned that the easiest and cheapest eviction is the one when the tenants never get possession of my property!"

In this newsletter:

• The Importance of a signed Property Condition Report
  
• FREE Form Download: Attorney's Fee Warning Notice
• Ask the Attorney, Real Estate Attorney, John Reno
  
• Success Quotes
  

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

The Property Condition Report may be used with or without a Security Settlement Statement, but I have had better success using both together.

This document is not only a complete condition checklist at Move -In and Move - Out, signed by the tenant at move -in, it also puts the tenant on notice that the condition has been documented, dated and acknowledged. It is very important for the landlord to establish the condition of the premises before the lease begins and after the term ends.

It will be very difficult for the tenant to argue the facts noted on this form which is signed by them!

Video and Photo reminder: Tenants are reminded that the premises may have been photographed and video taped prior to occupancy and also upon vacancy.

Includes a Security Settlement section to calculate any deductions

Using The Condition Inspection Report along with the Security Settlement Statement will afford you maximum landlord protection. As long as your charges are legitimate and conform to your lease agreement, it is very unlikely that any deductions will be challenged by the tenant.

Attorney's Fee Warning Notice

Even though the Urgent Late Notice clearly states that the rent is late, late fees are due and the account is in eviction status, the Attorney's Fee Warning Notice has been known to get positive results.

This Form Brings Results! Limited Time Only: Free Download for LPA Newsletter subscribers. Attorney's Fee Warning Notice Attorney's Fee Warning Notice

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:
Hello. I have a tenant whose one-year written lease expired and now the tenant is month-to-month. In the original written lease, it stated that washing machines/dryers were not permitted in the apartment. The tenant called me three times to ask if he could install a washer/dryer in the apartment, and each time I said no. I have reason to believe the tenant went ahead and installed them anyway, due to an abnormal increase in my water and gas/electric bill. Can I enter the apartment without notice to see if there is a washer/dryer installed? (I think if I just call and ask him about it, he will deny it). And if I find proof of such, can I charge the tenant back for the increase in my water and gas/electric bill?
Thank you.
Tony, NJ

A: You have NO RIGHT to enter, UNLESS your lease says you do. Does it? (Even if the lease is expired, it still determines this.)
The W&D is a breach and you can sue in small claims court, but whether or not they will accept your calculations as proof, that's a coin toss.

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 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

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

"Keep away from people who try to belittle your ambition. Small people always do that, but the really great make you feel that you too can become great." - Mark Twain

"You, me, or nobody is gonna hit as hard as life. But it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That's how winning is done!" - Rocky Balboa

"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

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
   

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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