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Landlord Newsletter April 23, 2013

The LPA Newsletter
April 23, 2013

Dear fellow Landlord,
"The tenant won't pay the rent. I need the rent or the bank will foreclose! What should I do?"

Can you believe I hear a version of this question all the time? Well, the answer is not as complicated as many people think.

In this newsletter:

  • Non-payment of rent: Steps for a Landlord to Take
  • Free Form - Bounced Check Notice
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Wealth Secrets and Quotes

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

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What Steps Should I Take When the Tenant Doesn't Pay?

Nonpayment of rent is obviously one of the biggest problems facing landlords. It always was and probably will continue to be. But for now, we can take steps to minimize losses when rent isn't paid.

Nonpayment of rent doesn't always mean the rent was not paid. A partial rent payment creates an unpaid portion. In many leases, including The LPA Lease, past due charges such as unpaid late fees are deemed payable as "added rent". Unpaid Added Rent is the same as unpaid Rent, valid grounds for eviction.

If you need to collect unpaid rent, there is a legal process that must be followed.

When rent is not paid on time, the landlord should be prepared to take action like an automated robot, to collect before too much time passes. Don't be strung along by the tenant waiting for some windfall that may never come.

  1. Late Rent Notice - Be prompt in issuing your tenant a late notice when the rent is not paid by the end of the rent grace period. (That is the date rent becomes late - in my lease it is after the 5th day after due date). I always recommend using a late notice that informs the tenant of late fees. ...

Click here for the full article.


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Do Your Tenants’ Rent Checks Bounce?


Bounced Check One fact of being in the landlord business is that rent checks will occasionally bounce. When that happens, you, the landlord will probably not find out the rent check was returned until 3 or 4 weeks later, depending on how efficient your bank is.
How does that concern the tenancy? It means the rent is approximately 3 -4 weeks late, plus you’ve incurred bank charges on top of it.

Like a late rent notice, the LPA Dishonored Check Notice will inform the tenant that the rent check was returned for insufficient funds. It will ask for the balance due along with any applicable bounced check charges, late fees, and daily late charges as agreed in your lease.

Remember, a bounced check can cause the rent to be extremely late, thereby placing you at a point in time where you may normally begin eviction proceedings, so it is important to jump on this immediately. The LPA recommends that you check your bank account often to discover bad checks as soon as possible.

FREE LPA Form Download!

Collect your rentLPA Dishonored Check Notice

See more Essential Forms


The LPA Dishonored Check Notice also contains a checkbox for the option to inform the tenant that personal checks will no longer be an acceptable form of rent payment and that they must now pay the rent in the form of postal money order, certified bank check or cash (cash only if you collect rent in person).

The LPA also recommends that when you send a notice like this to the tenant, it is a good idea to copy and paste the late fee and bounced check clause from your LPA Lease to the bottom of the form to show the tenant the penalty fees they agreed to in their lease.

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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:
I have a house in Allentown pa that has been rented for 2 years. The lease will expire in Sept. of 2013. The lease is for 3 people living in the house with the principal a sick senior citizen lady. I don’t want to renew the lease at the end of the lease. I had my issues with them. The lease stated an X amount for rent ,but they paid less than what the lease stated. I was ok with that, because they are supposed to fix anything that breaks in the house according to the lease. They were getting all the mail from the mortgage company to the house and I just recently find out the mortgage company send me a refund check under my name and they went and cashed the check without my consent and they signed my name. now because of the senior citizen laws, how hard is going to be for me to remove these people from my house at the end of the lease. Thank you for your help.
Sandy, PA.

A: Forgery is a crime, punishable by a fine or imprisonment. Unfortunately, it is not grounds for eviction. Give notice of non renewal for 9/30.
Does your lease have any language about illegal activity being a breach of the lease and grounds for termination?
See LPA Lease and Crime Free / Drug Free Lease Addendum at Essential Landlord Forms at https://www.thelpa.com/lpa/forms.html

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




"Just one small tenant problem AVOIDED can be PRICELESS!" - John Nuzzolese

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    Wealth Secrets and Success Quotes

    "Your chances of success in any undertaking can always be measured by your belief in yourself." — Robert Collier

    "Time is more valuable than money. You can get more money, but you cannot get more time." - Jim Rohn, Motivational Speaker

    "The best minds are not in government. If any were, business would hire them away." - Ronald Reagan

    "The decisions that you make each day can actually catapult you to that next level of achievement." - Robert G. Allen

    "If you want to be a good landlord, you HAVE to know how to screen tenants well." - John Nuzzolese, TheLPA.com

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