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Landlord Newsletter - Abandoned Rental?

The LPA Newsletter
August 26, 2014

In this newsletter:

  • What to Do if a Tenant Abandons the Property
  • The Cheapest Eviction Ever: Pre-screening with The Tenant Finder Worksheet - FREE DOWNLOAD
  • Labor Day Coupon Code
  • Ask the Attorney, Real Estate Attorney, John Reno
  • Success Quotes

Please e-mail us if you have any questions or would like to add or share any material / information. Have a great month!
John Nuzzolese
John@theLPA.com

"95% of tenant problems can be eliminated in the screening process." - John@theLPA.com

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What to Do if a Tenant Abandons the Property

by Attorney William Bronchick, Legalwiz.com

Have you ever had a tenant leave in the middle of the night or the middle of an eviction?  Did you ever wonder what to do?

Basically when a tenant abandons the property, you do not need to file an eviction or wait for the sheriff.  You can change the locks.  As for the tenant's stuff, in most states you can simply toss it.  You should check your state or local law to see what your legal obligation is to store the items for the tenant.

HOWEVER...

If you are not certain whether the tenant has abandoned the property, you should not change the locks.  If you have the keys, you could enter the premises, but KNOCK FIRST.  Whether or not the tenant has abandoned is often a judgment call, looking at a combination of factors, such as:

  • Did the neighbors see them move?

  • Are the utilities shut off?

  • Did the tenant put in a change of address at the post office?

  • Is there any significant furniture left?

  • If you have access, are there sheets on the beds?

In some cases, the tenant has been arrested or is in the hospital, which would explain why he hasn't been around.  Or, maybe the tenant has moved, but left behind some furniture to pick up later on.  Even if the tenant is not sleeping there, they are still "in possession" if they have their personal belongings in the unit and have not shown an intent to abandon these items.

Some states have specific laws regarding PRESUMPTIONS of abandonment...

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The Cheapest Eviction Ever:
Pre-screening with

The LPA's Tenant-Finder™
Pre-Screening Telephone Worksheet

"It is better to have no tenant than to have a bad tenant."

I've been asked many times to create a form to help landlords ask the right questions on the telephone to help determine if the caller is someone you'd like to set an appointment to show your rental to. The LPA's Tenant-Finder™ Pre-Screening Telephone Worksheet has developed from a simple prospect card into a handy and more complete screening tool for telephone interviews.

Free Download!

The LPA's Tenant-Finder™
Pre-Screening Telephone Worksheet



Have you ever met prospective tenants at your rental property, shown it to them, had them fill out a rental application only to find that they were nowhere near qualified? A simple pre-screening telephone interview can be a major time saver. Why not focus your attention on the most qualified prospects?

Before giving out the address of your rental property and committing your time to a doomed appointment with an unqualified renter, you have a chance to more carefully evaluate which prospects are worth meeting with.

I feel very strongly about strict tenant screening, which begins at First Contact with the tenant. First Contact is when you speak with the potential tenant for the first time, usually when they respond to one of your rental ads. At that point, you have the opportunity to learn what you can about this person's current situation. Are they employed? Can they afford your rental? Do their moving dates correspond with your rental's availability? Is their credit rating acceptable? And so on.

After completing your Tenant-Finder™ Pre-Screening Telephone Worksheet, you can use the scoring area to evaluate your new prospect. Print up a pile of them to screen your next tenant!

Eliminate bad tenant risks before spending your valuable time on them.
"Eliminating a bad tenant before I even have to meet him is what I consider the cheapest eviction I can have!" - John@theLPA



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Labor Day 2014
We hope you and your loved ones have a successful & safe Labor Day weekend!


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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 gave my newest tenant a lease agreement to review and sign 2 months ago. He signed the agreement but I never signed it. We both have copies of the agreement. I now have major issues with the tenant not complying with the agreement. He's broken several stipulations already. Should I proceed to serve him with amply notice, or better yet, was the agreement ever binding? If it wasn't, am I obligated to give him ample time to move? Thank you for your time.
    Cindy B.

    A: Cindy, It looks like you lucked out. By never signing the lease, it never became a valid contract. You have a month-to-month tenant. You still have to serve him with a 30-day notice (or whatever notice is applicable in your state)

    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





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    FREE Tenant Credit Reporting
    (LPA Membership Bonus Feature)

    Tenant Reporting

    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


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    Quick Check Credit Reports, Inc.

    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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    Special Tenant Screening Discounts for LPA members! See our price list!



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    LPA Members, Interested in past LPA Newsletters? Feel free to view the LPA Newsletter Archive

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    What are people saying about The Landlord Protection Agency?

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