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Landlord Newsletter July 22, 2014

The LPA Newsletter
July 22, 2014

Dear Fellow Landlord,

In this newsletter:

  • Collecting Money Owed by a Tenant by Attorney William Bronchick
  • LPA Rent Statement
  • Free Form: Eviction Ramification Notice
  • Landlord Tip
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Wealth Secrets & 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!
John Nuzzolese
John@theLPA.com

"Just one small tenant problem avoided can be priceless!" - John@theLPA.com

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Collecting Money Owed by a Tenant

by Attorney William Bronchick, Legalwiz.com

Did you ever have to evict a tenant for non-payment of rent, then get stiffed for the bill? You may be able to collect what is owed to you, even years later.

First, you need a court-ordered money judgment. If you filed for an eviction in court, you received a judgment and order of possession. The actual name of this court order may change slightly from state to state, but it's the same thing - a document signed by a judge that permits a local sheriff or constable to forcibly remove the tenants from the property.

In most states you can also get a money judgment against the tenant, but this requires one of two things: 1) the tenant must have been personally served...

click for the full article...

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Rent is Paid More Timely When the Tenant Receives a Monthly Rent Statement


Whether you mail your tenant a monthly statement the same way your bank mails you your credit card statement, or supply your tenants with a Payment Book with pre-printed payments slips, the results are the same. The tenants are reminded of what they owe, when it is due, and what the penalties are for not paying on time.

Most landlords have positive results and more timely payments when using a Rent Statement mailer. It helps tenants Want to pay their rent on time and preserve their credit record with their landlord.

The Rent Statement displays the key monetary terms agreed in their lease. That's important because the tenant is reminded of these key items every month when they fill in the amount of their payment before sending it.

Tenants find it a little intimidating and a little more official when their Social Security # is on a document. This part is optional and need only be included at your discretion.

On the top right below the rental address is a payment breakdown area which includes:

  • the rent due date
  • the rent amount
  • the late date and late fee
  • the daily late date and daily late fee
  • early payment discount date and amount of early payment discount (optional)
  • Added rent incurred (any current or past due charges in addition to the rent)

The top tear off slip instructs the tenant to whom to make the rent payable...

Click to see more about this form



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LPA FREE DOWNLOAD
Eviction Ramification Notice

FREE DOWNLOAD

Gives the tenant reasons to avoid the eviction process Eviction Ramifications Notice
Sometimes your tenant doesn't really grasp the consequences of a full blown eviction. This eviction letter explains the immediate and future drawbacks to the tenant caused by the process of eviction and it's aftermath.

This is another form I hate having to use, but I love its effectiveness!



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Landlord Tip

  • Lease Renewal Clause
    When giving tenant the right to renew the lease, please consider this:
    If the tenants are bad or you decide during the tenancy that you do not want to renew the lease, always include the words, "Subject to owner's written approval".

    If you did not provide for a rate of rent increase in the lease, this enables you to send a renewal with proper notice with an increase offer the tenant may or may not elect to stay for. - John, theLPA.com

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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:
    Hi, I have a tenant who's lease expires on Aug 31st, 2014. She hasn't paid rent since June, I have gone over, emailed, called and sent out both a Non-renewal and a Notice to Cease. In the Notice to Cease I stated she violated the lease by painting, repairing and putting up fixtures without seeking written consent, as well as paying rent biweekly via personal checks when it clearly states on the lease via ONLY cash or certified checks. It had slipped my mind that I allowed her to paint, so I am resending my Notice to Cease/Quit.But then she put a stop on the check for June's rent. I want to start eviction, but my fear is that if I do it will take a long time, she may overstay there, which I don't want, she may also damage more than her SD given. We also were looking to move in immediately after the lease expires. The other issue we face is that have her SD but never put it in an interest bearing account. I was told to still start the eviction process, and that even though we did do that with her SD, we wouldnt have a problem, but that the judge would just say that a the SD be used for unpaid rent. My questions are, will we get a hefty penalization for this (could we get screwed?) If she decides to move out before the lease expiration (runs away) and doesn't pay and we catch her, could we call the police and have her arrested for this? How long does an eviction process take if we were to file Monday? Also if after inspection, and damages are assessed, how quickly or how high are our chances of getting money from her for the unpaid rent and damages? Will she have to eventually pay? We gave her until the 15th to pay, she hasn't, and so I gave her 5 days to leave when I sent her the Late Rental Payment Agreement, which she never signed or will. Is that legal?
    Hema

    A: You're making this way too complicated, Hema. This is a simple non-payment eviction. Forget the painting and the personal checks. Keep it simple and evict her for non-payment. You'll also get a money judgment. Can you collect? You've got about 30% probability. That's our system.

    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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    Wealth Secrets and Success Quotes

    "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? Was it less than $89.99?" - John Nuzzolese, The Landlord Protection Agency

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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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    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 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


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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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    LPA Members, Interested in past LPA Newsletters? Feel free to view the LPA Newsletter Archive

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    What are people saying about The Landlord Protection Agency?

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