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Landlord Newsletter October 22, 2013 |
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Dear Fellow Landlord, "The best way to avoid tenant problems is to avoid problem tenants.... Being an LPA member doesn't hurt either!" - John Nuzzolese 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. Are You A Virtual Victim of Your Tenants?
What every landlord needs to know about E-mail with tenants
What is the best form of communication between landlord and tenant?In recent years, I've found that an astounding number of landlords communicate regularly and casually with their tenants via email. Many landlords prefer this. I don't. Here's why. The method of email communication between two parties makes either party available for contact 24/7 at the whim of the other party. This leads to an expectation for the sender that the reciever instantly got the message or notification, when in actuality, the message may not be seen for hours, days or even weeks - depending on how often the reciever is online and check that email. Tenant email often lacks thought and consideration that would normally go into a written letter, phone call or face to face conversation. Because emails are so impersonal, people tend to say what is on their minds or emotions without any restraint or time to think the issue over first. That often leads to misunderstandings and hard feelings. Landlords who use email as their primary mode of communication with tenants can be setting themselves up for legal problems without even knowing it! Now more than before, courts are accepting printed out emails as proof of official notices, repair requests and other paper trails by tenants to be used against landlords. The LPA does not recommend email communication as a medium for any official notices regarding the tenancy from tenants. For your protection, 
10 Question Quick QuizYou know this stuff, right?Answer the following multiple choice quiz questions and find out.
Instructions: Click on the answer(s) of your choice to see if you are correct. 1. What should I do if the Tenant doesn't agree to sign my lease because he disagrees with my very reasonable 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) authorization 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 Free FormAlways fixing appliances for your tenants? |
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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 wife and I own a 3 bedroom rental house in Ohio which we rented out to a distant relative approx 1 year ago but have no written lease. Effective Sept 1, 2013, we increased the rent (gave tenant a verbal 2 month advance notice). When the rent was due on Sept 1, tenant slipped a type written note in our door acknowledging the new rent amount but then deducted for 5 months non working central air conditioner (April thru September -- I offered to install a couple window air conditioners but he refused because they had already installed two on their own) and for not being able to park his car in garage for a few months due to storage of my tools (tenant moved in on Sept.1 2012 despite the fact that we were still working on the house). All of my tools are out of the garage now but they still do not park in the garage due to all of their junk. When my wife and I went to his door to collect the remainder of the rent due, tenant was hostile and told us that his attorney advised him to pay that amount and that's how it's going to be and we would settle this in court.
The amount of tenant’s Sept rent check was only 12.4% of what it should have been. Steps we took – (1) requested that tenant pay remainder of rent due to which tenant refused, (2) sign a lease if tenant wishes to stay in the house to which tenant also refused. We in turn (3) handed tenant (and his mother and sister who live with him) a notice to vacate the house in 3 days which tenant and family did not do. My wife went to county court house and (4) filed eviction papers.
Is there anyway the judge would rule in tenant’s favor?
Ron from Ohio
A: They will lose. You can not deduct rent for this nonsense. They may get a 10% discount, at most, but I doubt it.
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 bright side, remedies are available. 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
"A dream doesn't become reality through magic; it takes sweat, determination and hard work." - Colin Powell
"PLEASE don't ever think that you can't get out of the rut you may be in or think you can't take your life to a whole new level.. Anything is possible when you have a path, a plan and a desire to take action.." - Dean Graziosi
"Adversity has the effect of eliciting talents, which, in properous circumstances would have lain dormant." - Horace
"The only thing worse than having a rental house not rented is having it not rented to a good tenant." - John Nuzzolese
How to Check your LPA Membership Expiration Date:
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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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The Appliance Agreement with Repair Clause explains in simple terms to the tenant that if the tenant wishes to use the existing appliances, he is responsible for maintenance and repairs on them.
LPA Appliance Agreement With Repair Clause