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Landlord Newsletter - August 19, 2014 Landlord - Tenant Rules |
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August 19, 2014 Dear Fellow Landlord, 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!
Learn the Landlord-Tenant Rules!by Attorney William Bronchick, Legalwiz.com
An eviction proceeding, usually called a "summary proceeding" or "unlawful detainer" proceeding, is a lawsuit to obtain a court order to remove the tenant. It is not lawful to physically or constructively remove the tenant from the premises. No matter how upset you are, don't even consider changing the locks, shutting off the power or taking the front door out for "repairs." Before you can commence the proceeding, you need to terminate the tenancy. You do this by serving notice on the tenant as required by your state law. For nonpayment of rent, the notice is typically three to five days. If the tenant has not paid the rent in full or moved out after that time, you can commence proceedings in court. A typical summary proceeding takes anywhere from ten to thirty days, depending on the backlog of cases in your County. The proceeding is informal, much like small claims court. Once the court declares you the winner (called a judgment or order), a warrant (called a "writ" in some states) is issued. A warrant is a legal document that directs a sheriff, marshal, constable or other local official to forcibly remove the tenant from the premises. Few tenants are actually thrown out; the official usually changes the locks and removes the tenant's personal property. In some counties, you are required to hire the movers and store the tenant's property... click for the complete article...
carefully documented Property Condition Report Checklist The Property Condition Report may be used with or without a Security Settlement Statement, but I have had better success using both together. This document is not only a complete condition checklist at Move -In and Move - Out, signed by the tenant at move -in, it also puts the tenant on notice that the condition has been documented, dated and acknowledged. It is very important for the landlord to establish the condition of the premises before the lease begins and after the term ends. It will be very difficult for the tenant to argue the facts noted on this form which is signed by them! Video and Photo reminder: Tenants are reminded that the premises may have been photographed and video taped prior to occupancy and also upon vacancy. Includes a Security Settlement section to calculate any deductions Using The Condition Inspection Report along with the Security Settlement Statement will afford you maximum landlord protection. As long as your charges are legitimate and conform to your lease agreement, it is very unlikely that any deductions will be challenged by the tenant.
Attorney's Fee Warning NoticeEven though the Urgent Late Notice clearly states that the rent is late, late fees are due and the account is in eviction status, the Attorney's Fee Warning Notice has been known to get positive results.
John Reno also does Mortgage Loan Modifications (Nationwide). Dear Mr. Reno: A: Keep the deposit. If she sues- then you can counter-sue for breaking the lease, damages, etc. If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
(LPA Membership Bonus Feature) 
Have you ever been beaten by a tenant on the rent? Credit bureau reporting is an option in which many modern landlords are beginning to participate.... Click here for the full article
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! Tenant Excuses"I am out of town and can't get to a bank. My dog had a heart attack and I have to stay with him here while he has surgery. I will be gone for 8 to 10 days and will try to get you the rent when I get back." "You can wait cause you are so cheap you haven't done a thing in here since we moved in 6 months ago!" "My boyfriend is a landlord too. He told me not to pay another dime unless you lower the rent to a reasonable amount." "My husband's car burned up on the highway. The rent was in the car. It was cash."  Take Advantage of our low Renewal Prices! How to Check your LPA Membership Expiration Date:
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Attorney's Fee Warning Notice
Attorney's Fee Warning Notice