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Landlord Newsletter - August 19, 2014 Landlord - Tenant Rules

The LPA Newsletter
August 19, 2014

Dear Fellow Landlord,

In this newsletter:

  • Learn the Landlord-Tenant Rules!
  • The Importance of a signed Property Condition Report
  • FREE Form Download: Attorney's Fee Warning Notice
  • Ask the Attorney, Real Estate Attorney, John Reno
  • The Excuse of the Day

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 Nuzzolese

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Learn the Landlord-Tenant Rules!

by Attorney William Bronchick, Legalwiz.com

As an investor working with tenants, you should be very familiar with the laws of your business. These laws apply whether you own a property and rent it, or you do a "sandwich" lease.

An eviction proceeding, usually called a "summary proceeding" or "unlawful detainer" proceeding, is a lawsuit to obtain a court order to remove the tenant. It is not lawful to physically or constructively remove the tenant from the premises. No matter how upset you are, don't even consider changing the locks, shutting off the power or taking the front door out for "repairs."

Before you can commence the proceeding, you need to terminate the tenancy. You do this by serving notice on the tenant as required by your state law. For nonpayment of rent, the notice is typically three to five days. If the tenant has not paid the rent in full or moved out after that time, you can commence proceedings in court. A typical summary proceeding takes anywhere from ten to thirty days, depending on the backlog of cases in your County. The proceeding is informal, much like small claims court.

Once the court declares you the winner (called a judgment or order), a warrant (called a "writ" in some states) is issued. A warrant is a legal document that directs a sheriff, marshal, constable or other local official to forcibly remove the tenant from the premises. Few tenants are actually thrown out; the official usually changes the locks and removes the tenant's personal property. In some counties, you are required to hire the movers and store the tenant's property...

click for the complete article...


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The Importance of The LPA Property Condition Report!

Protect yourself with a
carefully documented
Property Condition Report Checklist

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.

Click to view ALL The LPA's Essential Forms!! (They are ALL FREE to LPA Members!)



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What do I do when the rent is very late and I'm About to Start Eviction proceedings??

Attorney's Fee Warning Notice

The purpose of the Attorney's Fee Warning Notice is to allow the tenant one last opportunity to pay and avoid an attorney's fee that will be added on to the current charges before you send the account to your attorney .

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



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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:
If a tenant breaks her lease after only being there 3mths do i owe back the deposit? and do she still owe me rent from the 1st to the 18th was when she was there to the time she move out which was the 18th.
Danielle

A: Keep the deposit. If she sues- then you can counter-sue for breaking the lease, damages, etc.

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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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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    Tenant Excuses


    "I am out of town and can't get to a bank. My dog had a heart attack and I have to stay with him here while he has surgery. I will be gone for 8 to 10 days and will try to get you the rent when I get back."
    This rent was 3 weeks late. I thought that she was original if nothing else. - April Robinson, Canada

    "You can wait cause you are so cheap you haven't done a thing in here since we moved in 6 months ago!"
    She moved in to a brand new beautiful apartment complete with everything. They have been complaining because they burned out some lightbulbs and want me to change them because they don't have a ladder to reach them. - Michael K., San Diego, CA

    "My boyfriend is a landlord too. He told me not to pay another dime unless you lower the rent to a reasonable amount."
    Her boyfriend is a sloppy know it all hippie. Maybe she can go rent from him because I'm about to send a notice to pay or quit. - Sally B., Massapequa, NY

    "My husband's car burned up on the highway. The rent was in the car. It was cash."
    I was almost a believer and then she said it was cash. They have never had the rent in full and in cash before. - Madge R., SW FL

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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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