Landlord Newsletter Mid December 2008 |
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The LPA Newsletter |
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Have a nice Holiday Landlords
- Posted in theLPA forum by one of our contributing Landlords
With tenants and rental property, chances are you'll have to evict a tenant sooner or later either because the tenant hasn't paid his rent or because strange people keep visiting him at odd hours of the night. Whatever the reason, the tenant hasn't lived up to the terms of the lease agreement and you want him out. The question is, how do you go about evicting him?
First and foremost, remember that the laws in your state may require different procedures than the general advice in this post, so get familiar with the rules in your area and get yourself a good lawyer - preferably one that specializes in landlord/tenant disputes.
With the legal disclaimer stuff out of the way, let's look at some general eviction steps that apply in many states. As the real estate law section of FreeAdvice.com says: "The process of eviction is a very fast one compared to other kinds of legal actions. The trade off is that the landlord must do everything exactly right."
Step 1: Give notice - The very first step is to give the tenant notice. This notice can take many forms.
a. Nonpayment of rent - If the tenant has breached the lease provision that talks about paying rent on time, you'll typically send a "pay rent or quit" notice that says you'll begin the eviction process if the breach isn't cured within a certain number of days. That's just a fancy way of saying pay up or ship out...
The Landlord Protection Agency® is proud to introduce John Reno, Esq., a highly experienced Landlord - Tenant attorney based on Long Island, NY.
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
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Some tenants insist on paying the rent in bits and pieces. Sometimes, they'll even "forget" about little things like unpaid late fees and other charges. Unfortunately, getting the rent paid in full is not as important to some tenants as it is to us landlords. That is why we have to make this lifestyle of partial payments a thing of the past.
Like a late rent notice, the LPA Rent Deficiency Notice will inform the tenant that the rent was not received in full. It will ask for the balance due along with any applicable late fees, reminding the tenant of the growing balance thanks to our daily late charges in your LPA Lease.
Rent Deficiency Notice
Rent Deficiency Notice
What The LPA says you should do and what you shouldn't do:
"My daughter's ex-husband didn't make his child support payment and the outlet in the kitchen isn't working!" You owe 2 months back rent plus $200. You will have to work this out in court or be evicted. - Steve
"I found mouse droppings in my shoes. Something better be done."
The rent is already late and according to our lease, you are responsible for exterminating. You really need to pay the rent or you may be evicted before the mouse is. (The mice must like strong toe cheese.) - Judy W., Bronx, NY
"Always bear in mind that your own resolution to succeed is more important than any other one thing." – Abraham Lincoln
"How much did your last tenant problem cost you?"
- John Nuzzolese
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