The LPA Newsletter
May 2006
Dear Fellow Landlord,
Spring is a very busy season for me each year for a few different reasons. It is the time I have most leases set to expire, so that means I have to remember to send out renewal notices with rent increases, termination notices or non-renewal notices. It is also the time of year that other tenant problems crop up regarding grounds maintenance and sometimes other crazy things.
Believe it or not, more landlords than you'd expect neglect to raise the rent when they should. This can add up to a large loss of income in addition to other problems. I brought back our article about increasing the rent below.
I know this is going to sound crazy to some of you, but I hear about it more and more. Why do some tenants feel comfortable parking their cars on your lawn? Is it because they weren't told the rules? Possibly...
Is it because they just don't have any class? Maybe.
In this month's newsletter, I've included a short article to deal with a lease violation that sounds like a silly problem.
I've also included download links for you in MS Word and Acrobat Reader (PDF) to two very useful LPA Free Forms. If you haven't already added these to your landlord forms arsenal, you may want to save these.
I really hope you enjoy this month's LPA Newsletter. 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
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What do I do when...
I have to Raise the Rent?
Have you noticed when you go to the supermarket that the prices seem to be going up? How about on your real estate tax bill? Why in the world would you not raise the rent?
The subject of raising the rent is one of the most procrastinated tasks facing landlords. The reason is simple:
Fear of confrontation,
Fear of rocking the boat
Can’t afford to make the tenant mad- he might cause a vacancy
Tenant is like a friend – don’t want to damage our relationship
Fear of dealing with the tenant
The rent is high enough
There comes a time for every landlord when the rent has to be raised. It is not a pleasant subject from the tenant’s point of view, but it must not be overlooked. You must not procrastinate it because every day it is put off, it is money out of your pocket. Food out of your children’s mouths. Think about it at the supermarket checkout line. Every increase you don’t enforce really adds up.
You should have regular rent increases, even if only by small amounts. The tenant that is used to the same rent for a long period of time usually gets offended when the rent finally must increase, so it is better to make smaller gradual annual rent increases.
You can address the subject of raising the rent with the tenant in a conventional or LPA Lease agreement. By having a plan for scheduled rent increases, you'll get the equivalent of a raise in salary very year.
Let’s say you have only three house rentals that you don’t increase until you re-rent...
click here for the full article...
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Increase Rent and Renew the Lease
 Notice to Renew Lease or Vacate
 Notice to Renew Lease or Vacate
is a combination form which can be used as a lease renewal form or a tenant's notice to vacate. The form provides for a rent increase, as well as the preservation and extention of all the terms and conditions in the lease.
The landlord should send this form to the tenant at least one or two months before lease expiration to give the tenant an opportunity to consider any rent increase and to respond with enough notice time to vacate or renew tenancy according to lease requirements.
Tenant's Notice to Landlord
Tenant's Notice of Intention to Vacate
Tenant's Notice of Intention to Vacate
This form is used by the tenant give proper written notice to the landlord when the tenant is vacating, that the tenant will cooperate with
showing the property for re-rental or sale. It includes a place for the tenant to give his forwarding address in order to receive any security refund.
It is an excellent way to help reinforce proper move-out procedure. We always staple a copy of this notice to the back of the tenant's lease
to be used when the time comes for the tenant to give notice to vacate.
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What do I do when...
the Tenant Parks Cars on the Lawn?
Parking cars on the lawn? Oh, come on! Give me a break. Don't these tenants have any sense???
Is it because they don't know the rules? Is it because they have too many friends over? As crazy as it sounds, some people have no respect for your property or the rules, and they will do anything they want. They need to be told what is right and wrong.
If your tenant parks vehicles an an area not designated for parking, it is important to inform and instruct him to move the vehicles in order to comply with the lease agreement.
Furthermore, most insurance companies consider it a violation of the policy to park vehicles on the lawn of a home, because of the potential obstruction created for fire engines in an emergency. In addition, for zoning purposes, many townships and communities prohibit registered and unregistered vehicles being parked on lawns. These are excellent points to stress when informing the tenant that the violation must be rectified.
The LPA recommends using a Lease Violation Notice to instruct the tenant to comply with the parking requirements as stated in the lease agreement. Failure to comply will constitute a willful violation of the lease placing the rental account in "Eviction Status".
By enforcing the terms of your lease as soon as a violation is discovered, you avoid allowing the problems to become a habit or to create more damage to your property.
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Landlord Tips
Grounds neglected? Use a Grounds Violation Notice when you discover the tenant is not keeping up his end of the agreement regarding the grounds maintenance.
Giving proper legal notice to tenant:
(This applies to month to month tenancies or if your lease allows you to make unilateral changes to the tenancy as the LPA Lease does.)
* It is important to remember that proper notice must also be given by the tenant or the landlord for the intention of Non - Renewal. Even though the lease has an expiration date, the landlord must still require a written notice to vacate from the tenant.
If it is a 30 or 60 day notice, be sure that the written notice is served before the beginning of the next rent period. That means if the rent is due and payable on the 1st of the month, have the notice served before that date.
An official dated notice should be delivered / "served" to the tenant,
- in person (preferable)
- sent by certified mail- return receipt requested
- regular first class mail combined with the above. We recommend getting a certificate of mailing receipt from the post office whenever you mail an official notice by 1st class (regular) mail.
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Tenant Excuses
"You have 2 months security deposit! Take it from that!"Security is not rent. The lease states that. The matter of non-payment is already in my attorney's hands. - Mario L., Monks Corner, SC
"My computer crashed and cost me over a week of work."This tenant's business is involved with a website. I still need the rent. - Sondra E., Irvine, CA
"My rooster died last night. Without him I don't know what I'm gonna do."I wasn't aware of it till now, but my tenant was supplimenting his income by hosting cock-fights in the yard. - Steven F., Huntington Station, NY
"I hurt my back. I've been out of work the last 2 weeks. "This he tells me on his way out to go jogging. - Mary D., Tampa, FL
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Quotations...
"Character cannot be developed in ease and quiet. Only through experience of trial and suffering can the soul be strengthened, ambition inspired, and success achieved."
- Helen Keller
"Education: that which reveals to the wise, and conceals from the stupid, the vast limits of their knowledge." - Mark Twain
"Do not anticipate trouble, or worry about what may never happen. Keep in the sunlight" - Benjamin Franklin
"Injustice anywhere is a threat to justice everywhere." - Martin Luther King Jr.
"When someone asks you, A penny for your thoughts, and you put your two cents in, what happens to the other penny?"
- George Carlin
A Way of Being
- Gary Link, Attorney at Law
"How much did your last tenant problem cost you?"
- John Nuzzolese
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