3 Legal Ways to Reject a Tenant Applicant ...
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Exactly What You Need for your Investing and Landlording Career!
We Still Have Seats Available and FREE GIVEAWAYS in Your FREE GOODIE BAGS!
(I'll be giving out Free Landlord Forms CDs and the other speakers have even more stuff to give you!)
Upcoming "Mini Landlord Convention"
March 14 & 15, 2015 - Fort Myers, FloridaThe Landlord Protection Agency & Collect Back Rent Convention - For Real Estate Investors and Landlords in South Florida
(at Hyatt Place Fort Myers/at The Forum) For Updates and booking watch The LPA Newsletter or email us at info@theLPA.com
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Nationally known real estate speakers share powerful experiences and knowledge to propel you to your success!
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Essential Form FREE Download:
The LPA Dishonored Check Notice
Do Your Tenants’ Rent Checks Bounce?
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....
click for the full article...
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Ask the Attorney
(Ask the Attorney with John Reno is a Free Feature for LPA members!)
Real Estate Attorney John Reno, an expert in landlord tenant legal matters, has specialized in landlord tenant law for many years. Mr. Reno answers questions asked by LPA members to help solve all kinds of landlord tenant problems.
Dear Mr. Reno:
I'll try to give a brief synopsis of what's been going on for the past 13 months.
Tenants signed a year year lease beginning Feb. 1., 2014 and swore up and down they loved the placed so much they intended to stay for the next 6 years until their daughter graduated from high school.
After I scheduled my yearly "Walk-through" with these tenants (1) year later in December 2014 I automatically figured they were going to sign a renewal of their lease. Instead they informed they wanted to go 'month-to-month'. I asked them if they were SURE they wanted to do that in lieu of knowing what the implications meant for me (getting new tenants) and they said "YES, they were aware" several times.
Here's the interesting part though: the wife actually told me she was going to use their deposit for the next month's rent. I didn't agree to ithat . And sure enough that's what she did.
I advertised on Craigslist for new tenants and fortunately got a very qualified family for March.
New tenants asked if they might be able to use the garage a couple days ahead of March to take their things out of Storage. When I asked the current tenants about doing this their reply was ~"No, not unless you compensate us." In the meantime they moved out without notifying me, the house sits empty, but the gate is locked and the front door has been re-keyed i.e. I can't get in!
Here's another thing, even though I actually agreed to compensate past tenants for 2 days, it clearly states in their ORIGINAL Lease agreement that "the last day of the lease shall be three (3) days prior to the end of the last month." I didn't put that wording into their new month-to-month lease.
Although the tenants agreed to a Walk-Through next week (last week of the February) they told me "We'll see you in court if you occupy the house before the end of the month without compensating us!"
What do I DO?? v
2 questions:
(1) Hawaii State law clearly states that tenants may not use their Security Deposit for rent.
(2) I sent Certified letters stating their rent was 5 days past due and included a Pet Violation. This really made them contentious and hard to deal with verbally.
(3) What if they don't give me the keys to the gate or house after the walk-through??
(4) Could I call the police and have them there just to make sure things I don't feel intimidated?
~ Susan H., HI
A: This is a tough one. On one hand, if a tenant voluntarily abandons a property, you can enter, by force if necessary. You don't have to go to Court, if the tenants have left.
On the other hand (the other hand always gets you into trouble!) these tenants have made a point of not giving you possession, with the gate and the keys and expressly forbidding your re-entry. If you go in under these circumstances, you could be opening yourself up to a law suit.
Well, they said don't enter "before the end of the month". Do you have that in writing? That's your ticket, but you have to wait until 3/1/15 or you're at risk.
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)
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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