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Landlord Newsletter September 12, 2012 |
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I have to tell you, I was blown away when Cynthia Schmidt showed me in her webinar how she actually had her deadbeat tenants arrested when they didn't cooperate with the collection process in court. She also mentioned, "It is amazing how fast they come up with the money they owe you when they are in jail!" I couldn't believe it, but when she explained the steps of the process, it all made sense. I hope you like the article below! In this newsletter:
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.
We get the signed order from the judge stating how much money we are owed, but it is totally up to us to get the real money to satisfy the judgment. In an attempt to get the defendant to show up to the post judgment proceedings, the judge is able to hold the defendant in Contempt of Court for failure to appear to the Rule or failure to abide by a court order, which results in a Bench Warrant/Body Attachment. A Bond is then set in which the plaintiff (landlord) can motion for turn-over. So, the defendant (tenant) is arrested for failure to appear not for the money judgment. Since we are the plaintiff's, it is up to us to initiate the whole process. It offers relief and some satisfaction that our voice for justice is now being heard and taken very seriously! We got a large dose of satisfaction recently when a former tenant of ours entered a Motion to Vacate judgment in the Eviction (Forcible Detainer) court and the 30 days had lapsed for vacating. During this time, we had already proceeded to post judgment and a Bench Warrant for her had already been issued. We attended the Motion in the Eviction court and were called to the podium where the judge reviewed the court files and stated, "I see no reason to vacate the judgment and it is past 30 days." One of our most irritating, disagreeable tenants, got a taste of the landlord's power that day. Finally, we have the ability state our case rationally and orderly in a calm courtroom atmosphere and to be heard and understood. Knowing all you can about the court system enables the "power." Cynthia Schmidt is LIVE discussing HOT TOPICS on Collecting Back Rent!
Click here for the free webinar or register on the website: Cynthia and Gary Schmidt from the Collect Back Rent Training Course For Landlords (www.CollectBackRent.com) FREE DOWNLOAD |
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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....
Click here for the full article
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:
I use one of the LPA apt rental leases for a one year tenancy agreement with my current tenant. This tenant has become problematic. Can i legally give him notice to terminate the one yr lease as long as I give him the notice mentioned in the original lease agreement ? - Tina B.
A: The answer is definitely... maybe. That clause gives you the right to give notice during the term, but I cannot guarantee its enforcement. You're getting your rent. Why not wait until the lease expires and then review the situation? But if you insist, try it. They may just leave.
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.
"You must begin to think of yourself as becoming the person you want to be." - Anon.
"It is not the critic who counts; not the man who points out how the strong man stumbled or where the doer of deeds could have done them better. The credit belongs to he man who is actually in the arena; whose face is marred by dust and sweat and blood; who strives valiantly; who errs and comes short again and again; who knows the great enthusiasms, the great devotions, and spends himself in a worthy cause; who, at the best, knows the triumph of high achievement; and who, at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat." - Theodore Roosevelt
"Never let the fear of striking out get in your way." - George Herman "Babe" Ruth
"How much did your last tenant problem cost you?"
- John Nuzzolese
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We are asked that question often. The answer is no... But, if you have heard us speak or have attended one of our Webinars or Seminars, we mention that several of our former tenants have been arrested! This happens in "post-judgment proceedings."
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