Posts Tagged ‘ny tenant landlord’

Posted by admin at 6 August 2010

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One of the more unpleasant parts of leasing an investment property is the eventual eviction of a tenant. Moreover this is something that every landlord will likely face, many are poorly advised on the proper protocol to take during the eviction process. Common mistakes frequently are changing locks without permission, shutting off utilities, and moving the tenant’s personal items out of the house. Accordingly, these are prime examples of how NOT to evict a deadbeat renter. Here are some tips on the right way to evict a tenant, and information on using the right legal forms to get the job done right the first time:

• Don’t take the evictions process personally: It may be upsetting when somebody owes you money and even more so when it puts a financial strain on you. However, remember that you cannot get emotional about an eviction. If you are able to distance yourself emotionally from the problem, you have a much better chance of resolving it the correct.

• Learn every step of an evictions proceeding: In today’s “gotta have it now” culture, the majority of property owners don’t take the time to file the correct legal forms and navigate the process according to the law. There are steps that must be taken in succession during an evictions proceeding, and following those steps in the correct order is the key to ensuringa legal, successful eviction in accordance with new york tenant landlord law.

• Be prepared: Hire an eviction lawyer before you need them and get them a copy of whatever paperwork you need filed on your end ahead of time. This way, when it’s time to evict, you may just contact your attorney, and they will file the right evictions forms and start the process instantly. Moreover, a good long island evictions lawyer will take care of all the paperwork for you.

• Do your homework: Logging on to a site that is devoted to landlord tenant forms gives you access to letters and documents that can assist you to realize the law and how to begin an evictions proceeding correctly. Look for a site that breaks down exactly what documentation is needed in an easy-to-understand format that allows landlords to quickly begin an eviction. You need a company that features different kinds of eviction forms, containig an eviction warning, a notice to pay rent or quit, a notice to report delinquent payments, a past due payment arrangement agreement, a form for the balance owed after move-out and an eviction record timeline.

Eviction is never simple on the tenant or the property owner. But, ensuring that you file the right real estate forms and go through the right procedure will allow for a successful eviction and you can begin the search for a new, more reliable renter for your investment property.

Posted by admin at 31 July 2010

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Here’s a safe list of the top tips every landlord needs to Remember when interviewing prospective tenants, and how to avoid discrimination lawsuits under the Fair Housing Act. When selecting your tenant, keep these in mind.

It is unlawful to discriminate. Federal and state anti-discrimination laws control what you can say and do in the tenant rental process. You can’t reject someone your apartment purely because of their ethnic group. If using a real estate agent to list your apartment, you can’t tell them that you will not lease to a particular ethnic group.

Ask for Current Employment information, References, and proof of Credit Score. Landlords can easily run a credit check of potential tenants on the internet for a deminimis fee. Furthermore, you can and should call the tenant’s references, in particular ex- landlords. You should also verify an applicant’s employment, wages, and bank checking account information. In case the landlord tenant relationship goes sour and you need to hire an eviction new york attorney, you will want the tenant’s employment information to garnish their income so you can collect back rent.

Be constant in your screening. Make it your procedure, for example, to always demand credit reports; don’t just get a credit report for a single parent or individuals of a particular race.

Make decisions based on the fact that you are running a business. You are lawfully free to select among forthcoming tenants as long as your choices are based on legitimate business criteria. Don’t make decisions based on personal reasons. You are at liberty to reject applicants with deficient credit histories, income that you realistically regard as not enough to pay the rent, or former behavior — such as property destruction or regular tardy rent payments — that makes them a bad risk. It goes without saying that you may legally refuse to rent to a personwho can’t come up with the security deposit, who has animals, or who neglect to meet some other specification of the rental.

Be informed of landlord tenant statutes in your neighborhood. Fair housing statutes in particular list clearly illegitimate reasons to decline to rent to a tenant. The Federal Fair Housing Act prohibits prejudice on the basis of race, religion, national origin, gender, age, domestic status, physical or psychological disability (including recovering alcoholics and tenants with a previous drug addiction). Countless states and cities also disallow discrimination based on marital status or sexual orientation. In addition, some municipality laws disallow landlords from collecting rental fees until they have a “legal apartment”, i.e. have a town or county issued certificate authorizing a two family apartment or an accessory apartment. A landlord tenant new york lawyer can help inform you of the laws applicable in your region.

Guide those helping you to rent so that they understand the rules, too. Anyone who de als with forthcoming tenants must abide by fair housing laws. This includes owners, landlords, relatives of landlords, managers and real estate agents, and all of their employees. As the home landlord, you may possibly be held lawfully liable for your family’s prejudiced statements or conduct, including sexual harassment.

Be consistent. Consistency is necessary whendealing with soon-to-be tenants. If you don’t handle all tenants more or less equally — for instance, if you randomly set tougher standards when renting totenants of a racial minority — you are violating federal statutes and opening yourself up to civil suits. And if you give one person a break (such as lowering thesecurity deposit for a unmarried mother but not for other tenants), you’ll also chance an allegation of discrimination from other renters.

Want to find out more? There’s a lot more to finding and selectingexcellent tenants. You should e-mail a ny tenant landlord lawyer for a free discussion about the statutes applicable in your region.

Posted by admin at 30 July 2010

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The two biggest issues landlords face are the problems of dealing with deadbeat tenants and apartments that are regularly unoccupied . In this economy, it is very rare for landlords and tenants to get along. There are plenty of aspects which can lead to the renter failing to pay rent or moving.

Whatever be the source of the animosity- rent collection, troubles, irrational behavior, etc., most of the problems usually result in a visit to the landlord tenant new york Court to evict the occupant. But eviction is not something that is always wanted both by the landlord and the tenant, so it is always best to act in such a way that won’t lead to the perils of an evictions proceeding.

How to Do it?  If you are a landlord, you definitely wouldn’t prefer to evict a tenant without serious cause. It is not easy to find a good renter, who is considerate enough to take care of your house. And, once you rent to someone, evicting them would be an expensive ordeal.

So be attentive from the very beginning and act prudently when interviewing prospective tenants. When you are leasing your property it means you want to start your own rental business by getting rent, and you should treat your rental property as seriously as a business. Usually, property owners can create a living from the rent they obtain from their rental property. In this situation, collecting rents each month in a timely manner becomes all the more important.  So make sure you approve tenants based on a business decision, and not exclusively on a personal basis.

Do a background check on the tenant. Checking theveracity of the tenant and the stability of their background is quite important to eliminating poor choices. There are many services on the internet that will allow you to check the credit report all prospective renters or a small charge. This is an essential tool for determining if your prospective tenant can afford to pay the rent on time.

In addition, it would also be wise to research whether the renter has a criminal record or not. You can also contact their present and previous landlords for details. All types of background checks can be done online and instantly.

Maintain your footing with a problem renter. Usually the tenant rationalizes his irresponsible behavior by saying it is mostly a result of a ignorant landlord. So, make it very clear to the renter in the very beginning, either by you, or through your ny tenant landlord lawyer, that you need the rent paid on a particular date each month, the terms of the rental agreement, and also the consequences that they would face if they pay the rent late, or if they fail to pay at all.

If you are not able to support your footing from the very beginning you should know that you have unconsciously given your renter the upper hand. If once you accept excuses from him for late rent payment he will continue to do so every month and then you will no other way to stop the practice.