Landlord Newsletter January 2013 |
Dear Fellow Landlord,
Is 2013 treating you right so far? I hope so. I believe John Wooden when he said, "Things turn out best for people who make the best out of the way things turn out". January is always a month of resolutions and taking charge. Being prepared as best you can for what lies ahead is crucial, especially when you're dealing with tenants! 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. How to Collect Back Rent from your Former Tenants
Can my ex-tenant go to jail for not paying the rent? 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! We are having a live webinar on January 10th 7:00 pm (Eastern) to discuss more procedures. 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) Landlord Quiz: You know all these... Right?How do you score as a landlord? Are you prone to landlord traps?Answer the following multiple choice test questions and find out. 1. What should I do if the Tenant doesn't agree to sign my lease because he disagrees with the late fees?
b) make the changes the tenant wants as long as they are legal c) reduce the late fees d) reduce the rent but keep the late fees 2. What 3 things are most important when screening a tenant?
b) The LPA Rental Application c) LPA Prescreening Prospect Card d) access to run a credit report 3. A security deposit is primarily to:
b) hold the rental until the tenant decides to rent it or not. c) secure the tenant's performance according to the terms of the rental agreement d) collect bounce check bank charges that are past due 4. When the tenant signs a completed __________________, the property is usually returned with less damage:
b) LPA Rental Application c) Credit Reporting Disclosure Notice d) Property Condition Report 5. Harry and Sally are constantly clogging their toilet and complaining about it. Each time, your plumber tells you there is nothing wrong with the toilet, but they are flushing objects they shouldn't be. You've already told them not to flush certain items. What form should you use to help with this problem?
b) Lease Violation Notice c) Plumbing Stoppage & Drain Maintenance Notice d) Termination of Tenancy Notice 6. The tenant has not paid the rent. It is the tenth of the month and you haven't heard anything. What form would you use?
b) Lease Violation Notice c) Pay Rent or Quit d) a and/or c 7. The LPA Lease makes tenants
b) pay late fees c) understand what is required of them as a tenant d) wet their pants in fear 8. Tenants can be reported to the credit bureaus through what kind of account? 9. "95% of tenant problems can be eliminated in the... 10. Landlords can warn other landlords by reporting their tenants to
b) any property management company c) Experian, TransUnion and Equifax d) The Deadbeat Database e) a and d 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). Dear Mr. Reno: PS. They are not getting any security deposit back based on the poor condition that they left the property. Can I use any of that last-month's rent toward damages? A: You're really under no obligation to prorate it. If they left in the middle of the month with less than 30 days notice- You can keep it all. So if you want to refund some to be a nice guy, fine. But don't use the security. That's for damages. If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question. Free Lease Addendum Form Click for More Essential Forms A Lease Addendum form can be used for making additional information or clauses a part of the lease. When meeting with the tenants to do a lease signing, we often think of certain rules or clauses we'd like to add into the lease agreement. Most leases and rental agreements do not provide room for extra lease clauses (unless you are using The LPA Lease Agreement in word processor format)
The lease addendum form can easily be filled in at the time of lease signing with topics that are important to you that may not be already included in the lease agreement form. It's a handy form to have in your folder if the need arises to add any special clauses to your lease. (LPA members: MS Word and PDF fill-in versions available in Essential Forms!)
Landlord Success Quotes"It is better to have NO tenant than it is to have a bad tenant." - John Nuzzolese "Success is often achieved by those who don’t know that failure is inevitable." – Coco Chanel "I would not want to be a politician... Let me tell you this: If I was campaigning, and I go against my opponent and he started attacking my character, and I leap over the table and choke him unconscious, would that help my campaign?" - Chuck Norris "Losers live in the past. Winners learn from the past and enjoy working in the present toward the future." - Denis Waitley "How much did your last tenant problem cost you? I expect your LPA Membership and arsenal of Essential Landlord Forms to save you from countless pitfalls and thousands of dollars on tenant related expenses in the coming years!"
- John Nuzzolese
Take Advantage of our low Renewal Prices! How to Check your LPA Membership Expiration Date:
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! What are people saying about The Landlord Protection Agency? |
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