Landlord Newsletter October 1, 2012

Dear Fellow LAndlord,

In this newsletter:

• Americans with Disabilities Act
  
• Free Landlord Lease Clause - Plumbing Stoppages
  
• Ask the Attorney, Real Estate Attorney, John Reno
  
• Funny Landlord Story
  
• Quotes for Success
  

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

We find this clause is most helpful in leases for single family home rentals, but has also been successful in multi family dwellings.
<!-- Start Copying here --> PLUMBING STOPPAGES Tenant is responsible for all plumbing stoppages and cesspool fill ups. Tenant is responsible for the cleanup of waste spills as a result of any plumbing stoppages. As a preventative measure, it is recommended that Tenant have waste lines cleaned annually. <!-- End Copying here -->

Just copy and paste into your lease document. (If you already use The LPA Lease, the clause is already there.)

I have been monitoring the Landlord Forums and there seems to be a great deal of misinformation swirling about concerning what is, and what is not protected under the act.

One question arose where a tenant brought 5 dogs into the apartment, and two of them were Wolf Hybrids. The tenant showed papers regarding his medical condition and the doctor’s prescription for a Companion Dog. The operative word here is “a” not “5”. Yet, nothing is more frightening than the possibility of an ADA law suite where the Tenant will get free legal service, and you will be stuck with a large legal bill.

The DOJ and HUD have put together a JOINT STATEMENT EXPLAINING REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT which is worth reading.
Click here for a copy of the JOINT STATEMENT EXPLAINING REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT

Click here for a copy of the FAIR HOUSING ACT

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:
My tenants have painted the interior walls in the property without any permission from me. I have asked them to repaint it back to the original state it was in when they moved in before they vacate the property. They have been my tenants for five years and they painted two years ago without my consent. They have repainted it and have caused negligence when painting causing paint to drip onto the carpet, baseboard, toilets and bathtubs. The previous paint color they used is also visible through the coat of paint they painted when trying to repaint and needs a second coat. I have two estimates from CA licensed painters and chose the lesser of the estimates to do the work. The tenants have written me a demand for their security letter in which they are only wanting to pay less than half of what it cost me to get the unit back to it's original condition. My concern is since they have been my tenant for 5 years and if it goes to small claims court will the judge only allow them to pay for a portion of the cost to repaint the walls even though it was a clear breach of their lease agreement? I'm not sure how to counter back of their claims that they are responsible for less than half of what the painter costs. Thank you so much!!!!
Suzie, CA

A: Are you gonna repair or not? If you do, present your bills in small claims court & you should be fine. If you don't, you can use 2 estimates but a paid bill is much better because if the repair was done, it supports your claim that it was needed.

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 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

This story was provided by Massachusetts Rental Housing Association (MRHA)

If you have a Funny Landlord or Tenant story you'd like to share, please email me at John@theLPA.com

"I'm sorry, I spent this month's rent on a much needed cruise vacation. Don't worry- there's a casino and I'll win back the rent PLUS the late fee!" - Sorry, but you'll have to win back the attorney fee too, cause the eviction ain't waiting for you to get back. - Sylvia Adams, Montgomery, AL

"Actually... the rent is not due, since I elect to exercise my right of first refusal." Don'tcha just love it when people are dumber than a piece of wood? Sometimes you just have to take a step back and laugh at the absurdity! Like, is this moron for real? - John, NY

"I know I promised to start paying on time, but it is not as easy as it sounds. It's like quitting smoking or biting my nails. It is hard to change my habits." OK, just keep paying those late fees. You're the one teetering on eviction every month. - Nick., NY

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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