If as the owner of rental property, you have been unable to settle legal disputes with a tenant, there are several types of alternative dispute resolutions available, as under:

1. Arbitration. A well-known and traditional form of alternative dispute resolution, arbitration involves both parties submitting their dispute to a third, but neutral party, who after careful deliberation of the facts delivers a legally enforceable decision.
2. Facilitation. This process involves a neutral third party using his / her skills to promote communication between the two parties in dispute. The main focus of this type of resolution is the easy facilitation of communication.
3. Fact Finding. This process involves using an impartial third party to analyse the issue(s), present fact findings and make recommendations on how best to resolve the dispute. Involved parties can also use the fact findings in their own settlement continuing negotiations.
4. Mediation. Very popular, mediation is an informal process geared to dispute settlement between parties, by an intermediary, or neutral party, whose participation is typically voluntary. No decision is rendered by the mediator at the end of mediation; instead, mediation leaves the control of the outcome (i.e. the actual settlement of the dispute) to the parties. A mediator does not render a formal decision by apportioning blame on either of the involved parties, although he / she may provide an opinion relating to the strengths and weaknesses of the case.
5. Neutral Case Evaluation. This is a non-binding process with an experienced neutral case evaluator brought in to evaluate the facts and offer his / her assessment of the likely outcome of the case.
6. Small Claims Court: With limited jurisdiction, small claims courts exist for the purpose of resolving simple disputes quickly and economically. No lawyers are required to represent the two disputing parties, and the procedures in small claims court are much more informal than in other types of litigation. Usually, the judgement is made immediately after the hearing and both plaintiff and defendant appeal rights are limited. If you are trying to get back rent from a tenant refusing to pay up, a small claims courts can help resolve small dollar amount disputes, ranging from $1,500 (Kentucky), $2,000 (Massachusetts), $10,000 (Alaska and New Mexico) and $15,000 (Delaware, Georgia, and Tennessee).

Before getting involved in expensive litigation, it is advisable to try the above alternative landlord / tenant types of dispute resolution. A landlord can also prevent litigative issues arising from tenant / landlord situations by carefully selecting and screening prospective tenants. For help in suitable tenant selection, visit www.e-renter.com for tenant screening and background checks, the best and only way to prevent expensive litigation, penalty charges or property damage.

The key to being a highly successful landlord is not to rush things, but to take your time over picking a perfect tenant for your rental property, including keeping it well maintained. As long as you follow the tips given below, you can ensure a successful career as a landlord.

1. Tenant Screening / Reference Checks. Renters with a history of non-payment of rent, evictions, leaving rental property damaged or with a criminal past, are quite accomplished at giving a good impression by portraying themselves as model citizens. So accomplished are they, even the most jaded of landlords are taken in. For this reason, it is important landlords screen tenants before signing them on, always asking for references and taking out time to follow up on them.
2. Get Everything in Writing. To protect the interests of both yourself and your tenant, ensure you have everything put in writing, right from rental applications to code of conduct. If anything needs to be fixed in a tenant’s rental unit, ask him / her to put the request in writing, as well as, telling you over the phone or in person. This will not only help you with a record for your income tax deductions, but it will create a history for each tenant.
3. Clean and Safe Rental Units. A landlord should ensure the grounds of his / her rental property are clean and unlittered, always looking their best. And, depending on where your property is located, it is always a good idea to provide strong security measures for ensuring the safety and security of your tenants. Safe rental units may even help lower your insurance premiums.
4. Careful Recruitment of Property Managers. In case, you have vast rental properties and need to hire a manager to handle them, how successful you are as a landlord will hinge on your choice, since you are responsible for hiring the best person for the job.
5. Get Insured. Ascertain you have the maximum amount of rental insurance, property liability insurance, and all other essential insurance requirements in your state. Expensive rental property needs to be properly insured so that in the event of theft, fire, floods or any other damage, a landlord can rest easy, knowing his / her insurance will cover the damage.
6. Prompt Repairs. If a tenant is renting your unit, you must ensure he / she has decent living conditions. If the furnace breaks down, or other appliances don’t work, or the fixtures are broken, a landlord should arrange for repairs, as soon as possible. Just put yourself in a tenant’s position and having to live without heating or running water.
7. Respecting a tenant’s privacy. Even though you own the rental property, you do not have the right to enter it at will, and must adhere to state guidelines surrounding entry into a tenant’s rental unit. As a rule, most states insist on a 24-hour notice before a landlord can enter rented accommodation without impunity.
8. No Discrimination. It is incumbent on every landlord to follow the Fair Housing Administration Act when screening prospective tenants. It is best to avoid being slapped with a costly discrimination lawsuit. Everyone should be given an equal chance to rent your property, irrespective of race, religion or personal beliefs.
9. Well Drafted Lease. It is imperative for a landlord that the lease used is well-drafted and pro-landlord.
10. Fairness is the name of the game. Strive to treat all tenants fairly, understand their position and how they may perceive your actions. You may not get along with all tenants, but a good rapport with them will reduce your vacancy problems.

To avoid any mishaps or unwanted tenants, visit www.e-renter.com for help with tenant screening and background checks, the best and only way to prevent expensive litigation or penalty charges later on.

Every rental property owner wishful of avoiding expensive litigation must and should know the ten essentials to include in lease or rental agreements, in the event things turn sour between a landlord and a tenant.

The purpose behind lease or rental agreements is to set out a set of rules that landlords and tenants mutually agree to follow in their rental relationship. A binding legal contract, a lease or rental agreement is an immensely practical document containing critical information, such as, duration of a tenant’s occupancy, including rental amount due each month. Whether, the lease or rental agreement is brief or lengthy, typed or handwritten, it is important that it covers all basic terms of the tenancy.

The following important items are of extreme importance and should be covered in lease or rental agreements, a landlord may draw up for a new tenant.

1. Names of All Tenants. A landlord must ensure the names of all people living in his / her rental unit, including both halves of a married or unmarried couple are named as tenants, as well as, all of them have signed the lease or rental agreement. This way, each tenant is made legally responsible for all agreement terms, including full rental amount payment and using the property in a proper manner. Should, any of the other tenants skip without paying rent, the name and signatures of all the other tenants on the agreement will legally entitle you to claim the entire rental amount from other remaining tenants. In addition, even if one tenant violates an important lease term, a landlord can terminate the tenancy for all the other tenants.
2. Limiting Occupancy. You must clearly specify in your agreement the rental unit is only for those tenants, who have signed the lease. Incorporation of this clause guarantees a landlord’s right to determine only those he / she has screened and approved live on the rental property. As well, this clause helps limit the number of occupants living on your premises. If, a tenant moves a friend or relative, or sub-lets, without first taking your permission, this valuable clause provides you with adequate grounds to evict the tenant.
3. Tenancy Terms. It is important for every rental document to clarify, whether it is a rental agreement or a fixed-term lease. Rental agreements usually run month-to-month and are automatically renewed, unless terminated by the landlord or the tenant. On the other hand, leases, typically last a year, or longer. Choosing one or the other depends on how long you wish the tenant to stay, and the flexibility you want in the rental arrangement.
4. Rent. Specify the rental amount, its due date (typically, the first of the month), and how it is to be paid in the agreement. To avoid later confusion and tenant disputes, the following should be made clear to them:
   • Acceptable payment methods i.e. personal cheques only.
   • Late fee charges for rent not paid on time, late fee charge amount, grace period, and
   • Charges, in the event of a bounced cheque.
5. Deposit Fees. As a general rule, use and return of security deposits often proves to be a frequent source of friction between landlords and tenants. To avoid confusion and legal hassles, a landlord must ensure his / her lease or rental agreement is clear on:
   • The amount of security deposit to be paid, but, be careful to comply with state laws if any, that may have set the maximum amount that can be charged from tenants.
   • Clarify how a landlord may put the deposit to use e.g. he / she may use it for repairing any damage caused by the tenant, including making it clear a tenant cannot apply the security deposit amount to last month’s rent.
   • A landlord must also make it clear, when and how the deposit will be returned, as wells as, accounting for deductions after a tenant moves out, and
   • Any legal non-returnable fees that may be charged e.g. for cleaning or damage caused by a tenant’s pet.

   As well, it is a good to idea to include details regarding which bank the deposit is being held in (legally required in s a few states and cities) and whether, interest on the deposit will be paid to the tenant.

6. Repairs and Maintenance. Defend yourself against rent-withholding issues and other problems (especially, security deposits) by clearly setting out both landlord and tenant responsibilities for repair and maintenance in the lease or rental agreement, including:
   • Tenant responsibility to keep the rental premises clean and hygienic and paying for any damage caused by his / her abuse or neglect.
   • Tenants should alert you to defective or dangerous conditions on rental premises, with specific details on procedures for handling complaint and repair requests, and
   • Restrictions on tenant repairs and alterations, such as, adding a built-in dishwasher, installing a burglar alarm system, or painting walls without a landlord’s permission.
7. A Landlord’s Entry Rights. To avoid tenant claims of illegal entry or violation of privacy rights, clarify your legal right of access to the property in the lease or rental agreement. State how much advance notice will be provided to the tenant if, a landlord needs to enter the rental unit for maintenance or repair purposes.
8. Restricting Tenant Illegal Activity. To avoid tenant trouble, prevent property damage, and limit potential lawsuits from residents and neighbours, include an explicit lease or rental agreement clause that prohibits disruptive behaviour, such as, excessive noise, and any illegal activity e.g. drug dealing.
9. Pets. If you do not allow pets, include a No Pets clause in your lease or rental agreement. In case, you do allow pets, identify any special restrictions i.e. pet size, or number of pets or a yard kept free of animal waste.
10. Other Restrictions. Ensure your lease or rental agreement complies with all relevant laws, including rent control ordinances, health and safety codes, occupancy rules, and anti-discrimination laws. The key is to conform to State laws especially, setting security deposit limits, notice requirements for entering rental property, tenant rights to sub-let or additional roommates, rules for changing or ending a tenancy, and specific disclosure requirements, such as, past flooding in the rental unit.

Do spell out clearly, other legal restrictions i.e. limits on the type of business a tenant may run from his / her rental premises. As well, specifically mention important rules and regulations covering parking and use of common areas in the lease or rental agreement.

To avoid expensive litigation, screen prospective tenants and employees, weeding out undesirable elements that carry past evictions or criminal pasts. Visit www.e-renter.com for tenant screening and background check services.

The following is a brief overview of the eviction process, as well as, the different types of termination notices required in different situations, including a tenant’s failure to pay rent.

Eviction, the process of physically removing a tenant and his possessions from your rental accommodation, is not legal unless and until a landlord goes to court and proves a rental or lease agreement has been breached, adequate justification for ending a tenant’s tenancy.

What a landlord needs to know is that a tenant’s tenancy has to be terminated, before an eviction lawsuit can be filed, either to get possession of his / her rental property or for non-payment of rent. Usually, this involves giving adequate written notice to the tenant to vacate the premises. If, despite a notice to vacate, the tenant does not mend his / her ways, either by paying up due rent or finding a new home for the pet, a landlord is entitled to file a lawsuit for evicting a recalcitrant tenant.

State laws have set out detailed requirements for landlords wishing to end bad tenancies, with each state following its own procedures regarding termination notices and eviction papers to be written and delivered (‘served’). Different situations require different types of notices, and although terminology differs somewhat state to state, basically, there are three kinds of termination notices:

1. Pay Up or Quit notices are sent, in the event, a tenant has not paid the rent. In most states, this type of notice requires 3 to 5-days be given to a tenant, either to pay up or move out (‘quit’).
2. Typically, Cure or Quit notices are given when a term or condition of the lease or rental agreement has been violated, such as, a no pets clause, or a promise to keep the noise volume low. Usually, a set amount of time is given to a tenant, in which to correct, or ‘cure’, the violation, failing which, a tenant must move out, or face an eviction lawsuit.
3. The last, Unconditional Quit notices are the severest of all. They order the tenant to vacate his / her rental premises, without giving any chance to pay rent or correct the lease or rental agreement violation. Most states allow unconditional quit notices only when the tenant:
   • repeatedly violates a significant lease or rental agreement clause,
   • is late in rent payment on more than one occasion,
   • seriously damages the premises, or
   • engages in illegal activities, such as, drug dealing on the premises.

All three types of notices are on the books of most states, but, certain states permit landlords to use Unconditional Quit notices for minor indiscretions, such as, late rent payment or rental clause violations that merit Pay or Quit or Cure or Quit notices. In other, more tenant-friendly states, landlords, if they so wish, can give the tenant a second chance, though the law does not require it of them.

State rules and procedures have to be followed exactly, as otherwise, landlords can expect there to be delays in the eviction process, resulting in a landlord having to re-serve his / her notices or re-file court papers. It is very important to go strictly by the rules, as non-adherence can, sometimes lead to the loss of the lawsuit, despite the constant bouncing of a tenant’s rental cheques from here to kingdom come. Though, one may chafe at the detailed rules to be followed, however, there is a reason, why most states insist on strict compliance.

Firstly, an eviction case is, relatively speaking, a very fast legal procedure. There are not many other civil cases that can be over and done with, in a matter of a few weeks. Unwavering adherence to the rules is, but a small price to pay for streamlined treatment.

Secondly, a tenant’s home is at stake here, and arguably it is more important than a civil case relating to money or business. Consequently, legislators are extra careful, ensuring a tenant gets adequate notice and opportunity to respond. Many cities with rent control in place go beyond state laws, which typically allows landlords to terminate month-to-month tenancies at will, though a landlord is still required to prove a legally recognised reason, or just cause for eviction of even month-to-month tenants.

Even, a properly conducted eviction lawsuit with a valid reason, does not always assure one of quick victory. A tenant deciding to mount a defence could add weeks, even months to the process.

The way a landlord has conducted business with the tenant could also affect the outcome of the eviction lawsuit, i.e. a tenant pointing out a landlord’s behaviour, such as retaliation, manages to shift attention away from the tenant’s wrongdoing, diminishing the landlord’s chances of victory. Simply put, if a landlord wants to win, he / she must have thorough knowledge of his / her legal rights and duties before taking the matter to court. Every ‘I’ must be dotted and every ‘T’ must be crossed to avoid losing to the other party.

Finally, an eviction lawsuit win does not mean the tenant and his / her possessions can be put out on the sidewalk. As a rule, the judgment must be given to a local law enforcement officer, along with the fee paid by the tenant as part of the landlord’s legal costs. The sheriff or marshal notifies the tenant, giving notice that he / she be gone when the he / she visits within just a few days, to physically remove the tenant, if he / she is not gone, by then.

To avoid expensive litigation with unruly tenants, successful landlords must screen prospective tenants and employees, as well as, conduct a background check on them to verify they do not have a criminal past. Visit www.e-renter.com for tenant screening and background check services.

In cities, burglaries, assaults and theft on residential properties are getting to be extremely commonplace. Often criminals target large rental communities, their very size and bustling activity serving to absorb the presence of intruders on a mission of theft, and it is mostly tenants, who seem to be particularly hard hit by their zeal to steal. Unlike homeowners, who can install sturdy locks or security systems, tenants may not be in a position to do so, but it is up to their landlord to install and ensure they and their possessions are safe. It is in the best interests of both landlords and tenants to beef up building security, as tenants who have been burglarised or assaulted may sue the landlord for not providing an adequately safe place to live in.

But, it is better for a landlord to avoid both the crime and lawsuit, by enhancing security measures of rental properties. Savvy tenants can do a lot to convince landlords reluctant to spend on security devices as under:

1. State and Local Laws Check-out. As per state laws, landlords are required to provide peepholes, deadbolts, window locks and safety glass, all minimum safety equipment. A copy of the local housing code, easily obtainable from the City Mayor or Manager, even the Public Library will inform you, whether such laws apply in your city.State-wide requirements (such as, the Texas Security Devices Act) are to be found in state housing laws, and in many instances, landlords who fail to comply with these laws are subject to fines. If, a landlord refuses due to extra expenditure, a tenant can himself / herself install the necessary safety equipment, deducting the cost from their rent.
2. Landlords must hold true to their promise of their rental property security. Few landlords can resist the urge to over extol their property attributes, when showing prospective tenants around. Aware that security is high on the list for most tenants, the property will be touted to be safe, including being protected by security systems and personnel. If, a tenant relying on these promises decides to rent, a landlord should see his / her promises hold true. You must provide the promised doorman, re-key the locks or fix a broken lock; otherwise you may provide a tenant with sufficient grounds, compelling him / her to take legal action, against you. Far better to spend a few hundred dollars on security measures than thousands on expensive litigation.
3. Situation Evaluation. A good landlord, even if he / she is not subject to specific security equipment laws, must provide some measure of protection to their tenants. The rental building should be analysed, its entrances, lighting and windows checked to see if it is possible for a criminal on the prowl to enter the building easily.If, your building is easily accessible, the installation of extra locks, lights, including keeping the bushes and hedges trimmed, are relatively simple measures for keeping out the criminal element. As well, take the neighbourhood into consideration, whether there is heightened criminal activity in the area, in which case, a landlord must take effective crime prevention measures, rather more than if his / her rental property was in a low or crime-free area.
4. Meet the landlord. If, a tenant feels the promised security measures are not sufficiently adequate, exposing the building’s vulnerability to intruders, why not meet the landlord and request remedial measures, following up with a written request, if necessary. Asking the agent of your landlord’s insurance carrier to get involved, may prove especially effective, as a promise of lower premiums for taking adequate measures to keep crime at bay, may have favourable results.
5. Help from the Government. If, tenants find requests for adequate security measures are falling on deaf ears, they may file a complaint with the agency responsible for enforcing the requisite local or state ordinance involved. A successful landlord must take all necessary steps for retaining good tenants, by installing a few extra locks, which may serve to nullify the aggravation of unheeded security demands.If, you don’t comply and security problems make the rental property dangerous to live in, and if safety breaches have already allowed intruders in, a landlord may find tenants breaking the lease or rental agreement and moving out without liability for future rent payment. They must, however, give you reasonable time to correct the problem, before moving out.

Sometimes, the difference between a safe apartment and an unsafe one is the installation of a code-required lock or peephole. Apart from that, why not educate your tenants, teaching them to use common sense in questionable situations, such as, avoiding late night or solitary excursions by going out with a friend, using a cab instead of coming late and parking in a poorly lit parking lot, definitely dangerous. Tell them their personal safety is worth the inconvenience. With the help of savvy tenants, landlords can prevent crime from taking place on their rental properties. Both have to work together!

Also, in order to avoid litigation issues or allowing criminals to become your tenants, it is important for successful landlords to screen prospective tenants and employees, as well as, doing a background check on them to verify they do not have a criminal past. Visit www.e-renter.com for tenant screening and background check services.

Anyone, who has been in the rental housing business for a long time, will have heard about expensive legal compensation awards against rental property owners for the violation of fair housing laws. Often, issues arise when landlords and owners of investment property are unaware their rental policies can be viewed as discriminatory. Refusing to rent out to families with young children or the disabled is prohibited by federal and state laws, which can impact your advertising, tenant screening, and selection process.

According to the Federal Fair Housing Act, one is not allowed to discriminate on the basis of race, colour, religion, national origin, sex, age, familial status, and disability. In addition, on checking out the state and local fair-housing laws; you will find some additional state and local protected classes include sexual preference, gender identity, occupation, source of income (government assistance, Section , educational status, medical status, and even physical body size. In brief, rental property owners are prohibited from discriminating on any of the above grounds.

If it is proved, investment property owners have discriminated, they are liable to be faced with serious legal consequences. It is important for landlords to know about federal and state laws governing property, as they may be guilty of following various forms of discrimination, without even realizing it.

For the uninitiated, there is another illegal form of discrimination prevalent in residential rental properties. Steering is illegal guiding of rental applicants toward where a landlord thinks he / she should live based on their race, colour, religion, national origin, sex, age, familial status, disability or handicap, or any other protected class. Refusing to show or rent certain residential units to minorities is one form of steering; however, assigning individuals to a particular section or floor of a building, based on race, colour, religion, sex, handicap, familial status, or national origin, is another. Advertising or implying a preference is also a form of discrimination.
In keeping with the Federal Fair Housing Act, all commercial and residential rental applicants are entitled to receive information about the full range of vacancies or availability of rental units, so that they are able to make their own selection of suites or units, they wish to see.

Even though, you recommend a rental prospect on the ground floor or near a playground, to a family with children, with the best of intentions, you may be in clear violation of current federal fair housing laws for restricting housing options.

Families With Young Children: Federal and state legislation has virtually eliminated ‘adult only’ residential housing expect for certain HUD-certified properties for senior citizens. In accordance, owners of residential rental properties must offer vacancies to families, including those with small children. If you have concerns that your property does not have any safe playing areas for young children, it is for the parent’s to decide, whether it is truly so.

It is also illegal to charge higher rents or security deposits from rental applicants with children, including offering different rental terms, such as, shorter lease terms, different payment options or fewer unit amenities. Unless, there is a safety issue involved, property facilities must be made fully available to all tenants, regardless of their age.

Renting to families is a safer option for rental property owners, as they tend to be more stable, and look for safe, crime and drug free environment to raise their children. Along with pet owners, families with children, often, tend to be excellent, long-term renters.

Tenants with disabilities: Federal fair housing regulations stipulate property owners are responsible for making reasonable accommodations at their own expense for disabled tenants. If requested, the landlord must make reasonable adjustments to rules, procedures, or services, e.g. if it is practical, a landlord must provide a more convenient or wider parking space. If a disabled tenants wishes to modify his / her living space at his / her own expense, a landlord must allow them to do so under the following conditions:
• He / she may allow only those modifications that are necessary to make the space safe and comfortable.
• As long as the unit is not unacceptable to the next tenant, or else, the tenant agrees to restore the rental unit to its original condition on moving out.
• Prior approval must be obtained before carrying out modifications and the tenant must ensure the work is done professionally, in accordance with necessary government approvals or permits.
• The tenant must pay necessary funds for restoration into an interest-bearing escrow account, as surety the work will be completed and no liens are placed against your property.

As well, service animals assisting tenants with daily life activities must be allowed in all rental properties, regardless of any no-pet policies. A tenant is also allowed to keep a pet under “necessary and reasonable accommodation” provisions of the American Disabilities Act (ADA). Federal law requires landlords to consider a tenant’s claim or grant a reasonable request to keep a companion animal for comfort or companionship.

As long as, there is a written rental agreement, a landlord can protect his / her property interests, and which also gives legal recourse, in case something goes wrong with a tenant or potential tenant. Avoid any mishaps or unwanted tenants by visiting www.e-renter.com for help with tenant screening and background checks, the best and only way to prevent expensive litigation or penalty charges later on.

As the owner of high demand expensive rental property, you are required to maintain high standards and cannot afford to rent out to any Tom, Dick or Harry walking off the street. To keep the rest of your tenants happy, a landlord must screen prospective tenants thoroughly, getting extensive background checks carried out, before getting them to sign on the dotted line.

If you are still not convinced it is necessary to vet and screen tenants, then the following tenant screening and employment screening facts should drill home the point about how essential they are, not only to protect business interests, but your property, as well.

Facts on Tenant Screening

1. Legal costs for evicting one bad tenant are rising every day and can amount to $4,000 or more.
2. Thousands of landlords have been compelled to go to court, either to evict a tenant or get back unpaid rent.
3. On an average, landlords or property mangers lose 3 to 6-months in unpaid rent, while they are legally trying to evict a bad tenant or trying to fill the vacancy.
4. It is, rather unfortunate, but it seems the legal system is favouring tenants, even if they are bad ones.
5. However, in most states landlords can charge a prospective tenant an application fee to cover screening costs.
6. What a landlord should also know is that none of the major credit bureaus will provide complete tenant payment histories on credit reports issued.
7. Again, eviction records or filings are not to be found on credit reports. If you ask the courts to send civil judgements, it will be many months down the line before you receive them, too late for your purposes.

If nothing has, the above should convince you completely on the benefits of tenant screening and background checks, a very important aspect of the rental business. By vetting each potential tenant thoroughly, a landlord reduces his / her rental income loss, risk liability and, most importantly, assures himself / herself peace of mind!

To avoid any mishaps or unwanted tenants, visit www.e-renter.com for help with tenant screening and background checks, the best and only way to prevent expensive litigation or penalty charges later on.

Title X enacted by the American Congress in 1992, requires all landlords to disclose lead hazards on their property to tenants or prospective tenants. Further, in 1996, additional changes made it mandatory for landlords to disclose lead hazards for leased property built before 1978. This law, however, does not apply to landlords offering month-to-month rental agreements or those leasing out their property for less than 100-days.

For owners of property built before 1978, specific regulations have to be followed, and if the property is sold, the presence of lead on the property will have to be disclosed.

First of all, landlords are required to provide tenants with an EPA-approved pamphlet entitled “Protect Your Family from Lead in Your Home”, which informs them about the dangers of lead poisoning. Copies of this pamphlet are easily obtained from your state property management agency or can be downloaded from the EPA Web site, as well; the National Lead Information Centre can be called at 1-800-424-LEAD.

In addition, tenants must be provided with a disclosure form informing them of lead paint, or other health hazards that could be directly related to the presence of lead on the property. It does not specify health hazards resulting from lead in drinking water; but, only those dangers arising from lead paint, lead dust, or soil contaminated with lead need to be disclosed.

Title X does not require landlords to disclose, whether any present or past tenants developed lead poisoning. This disclosure is not a part of Title X, since it is difficult to determine the exact causes that lead to lead poisoning. Even if, a tenant is provided with a written lease agreement, federal law requires you to follow the lead disclosure process set down by Title X.

For month-to-month rental agreement, the mandatory disclosures laid down by Title X do not have to be followed, until the terms of the rental agreement are changed for long-term. For example, if a landlord decides to raise the rental amount, he / she will have to make disclosures required under Title X.

If, landlords allow tenants to sub-let, then they will have to educate and inform them about Title X, since the sub-lessor is responsible for notifying tenants, to whom he / she is sub-letting the property.

In recent years, many landlords have inserted liability waivers along with their lead disclosure forms, hoping it will shield them from liability, in case a tenant should experience lead poisoning. But, under Title X, these waivers cannot and do not absolve you of your liability as landlord.

If there is lead paint on your property, a landlord is required to maintain and ensure it does not chip or peel. Good maintenance reduces the amount of lead tenants are exposed to, helping safeguard their health. Request tenants to inform you of any peeling or chipped paint as soon as it is spotted, so that prompt action can be taken.

Renovation can disturb lead paint particles, so if you have plans to renovate a rental property built prior to 1978 that has lead paint, a 60-day notice will have to be issued to tenants before under-taking renovations. This notice is on top of the mandatory disclosures made, at the time your tenants moved in.

Title X does offer several exemptions, including for properties built after 1977 i.e. properties without a bedroom, such as, a dorm room, loft, or studio apartment; housing occupied exclusively by elderly or disabled persons; properties that will be leased for less than 100-days; a property that has been found to be “lead paint free”; and properties where the disclosure has already been made and no further information is available. But, before assuming your property to be exempt from Title X rules and regulations, contact the EPA or your lawyer to be sure.

Remember, violation of Title X regulations carries a rather stiff fine, as much as, up to $10,000 for each violation. If, your tenant happens to fall sick from lead poisoning, monetary compensation of up to three times the amount the tenant suffered in damages will have to be provided by you.

As for landlords, a lot of responsibilities lie with you, including the importance of carefully selecting and screening prospective tenants to avoid problems, later on. For help in suitable tenant selection, visit www.e-renter.com for tenant screening and background check services, the best and only way to prevent expensive litigation, penalty charges or property damage.

If, any landlord takes a legal shortcut for evicting an unwanted tenant, by resorting to changing locks or cutting off the water or electric supply, his / her actions would be subject to penalty charges.

Talk to any experienced landlord and he / she will confirm, there are occasional tenants, whose outrageous behaviour compels a landlord into being tempted to circumvent normal legal protections, taking direct and immediate action, in order to protect his / her property.

Take for example, a tenant who repeatedly makes numerous promises to pay rent, however never does so, no doubt an attitude that compels a landlord to seriously consider changing the locks and putting the tenant’s personal possessions out on the street. Or, if a landlord is responsible for paying the utility charges, he / she could be tempted not to pay the bill, hoping lack of water, gas or electricity will hasten an unwanted tenant’s departure.

If, you are tempted to take the law into your own hands, in a bid to force or scare a troublesome tenant off your property: Simply, forget it, just don’t do it! Intimidation, coercion, utility shut-offs or attempts to physically remove a tenant are illegal and dangerous. Anyone resorting to such tactics may find himself / herself slapped with a lawsuit for intrusion, assault, battery, slander and libel, intentional infliction of emotional distress and wrongful eviction. Therefore, even if the eviction process entails considerable trouble, expense and delay, it is the best and only legal way to do things.

You may think that a tenant’s deplorable conduct excuses the taking of the matter into their own hands. However, non-payment of rent by a tenant, or one who left the property a mess, indulged in verbal abuse, or otherwise acted outrageously will not be a valid defence or hold in court, if you are sued. While, a landlord can file his / her own lawsuit for damages or back rent, he / she will most likely lose the lawsuit for illegally evicting a tenant. As a defendant, this lawsuit will cost far more than going to court for evicting a tenant using legal court procedures.

Every state in America forbids ‘self-help’ evictions and imposes penalty charges for landlords breaking the law. As well, keep in mind, if you change locks, thereby locking a tenant out, or cut-off the heating, freezing him / her freezing, or cut-off or deny use of electricity or water, the tenant can sue for monetary compensation, such as, money spent on temporary housing, the value of food spoiled due to electricity being cut-off, or the cost of an electric heater when the heating was shut off. A tenant can also sue for penalties, such as several months rent, and in some states, a tenant can collect, even as he / she continues to remain on the premises, while, other states entitle him / her to monetary compensation, only.

Even in states, with no legislation against self-help evictions, landlords run a risk of serious practical and legal entanglements, if they throw tenants out on their own. Always, there is great surprise, when a tenant sues them for the loss of personal possessions that were lost, when the landlord removed his / her belongings. It is far better to use a neutral law enforcement officer to enforce a judge’s eviction order and avoid these unpleasantries.

To avoid expensive litigation with unruly tenants, successful landlords must screen prospective tenants and employees, as well as, conduct a background check to verify they do not have past evictions or a criminal past. Visit www.e-renter.com for tenant screening and background check services.

Most states, to some degree, hold landlords legally responsible for protecting their tenants from cases of theft and assault, including the criminal activities of fellow tenants.

The question is: “Can a law-abiding citizen be held financially responsible for a crime committed by strangers?” The answer is a resounding “Yes!” especially, in the case of a landlord whose rental property has witnessed theft, assault or any other sort of criminal activity, in the past. Lately, there has been an increase in lawsuits against landlords by tenants, who have been assaulted, or whose rental accommodation has been burglarized. And, the law seems to be on the side of the tenants, with even the jury awarding them settlements that range from $100,000 to $1-million.

Ques. What are a landlord’s responsibilities with regard to tenant safety and security?

Ans. Landlords have a certain degree of legal responsibility to safeguard and protect their tenants from would-be assailants and thieves, as well as, the criminal element amongst fellow tenants. They also have the responsibility of protecting the neighborhood from tenants indulging in illegal activities, such as drug dealing. A landlord’s legal duties spring from building codes, ordinances, statutes including court decisions.

Ques. Is it possible for a landlord to limit responsibility for crimes committed by complete strangers on his / her rental property?

Ans. Most certainly, landlord responsibility can be limited by taking effective preventive measures against possible liabilities resulting from criminal acts and activities. The following steps will not only limit the likelihood of a criminal act, but will also reduce the risk of a property owner being found responsible, in the event a criminal assault or robbery does occur. Every landlord should:

• Meet or exceed all state and local security laws applying to rental property, such as, deadbolt locks on doors, windows locks, including bright lighting inside and outside the premises.
• Landlords should realistically assess the crime in and around their rental property and neighbourhood, and use the information to design a security system that offers reasonable protection to his / her tenants. It should not only take care of individual rental units, but common areas i.e. garages, parking lots, underground car parks and elevators, as well. If, you don’t have a clue how to go about it, simply contact the local police department, or your insurance company, including private security professionals, all of whom can offer useful advice on various security measures. If, bulking up on additional security warrants a rent hike, talk it over your tenants. Most likely, you will find, they are not averse to paying extra, if it they and their personal belongings are well protected.
• As well, it is a good idea to educate tenants on crime in the neighbourhood, including describing the security measures provided and their limitations.
• It also pays to maintain the rental property, taking care to conduct regular inspections to note if any security problems, such as broken locks or burned out exterior flood lights need to be fixed. Taking tenant suggestions as part of ongoing repair and maintenance system is another brilliant idea.
• Tenant complaints about dangerous situations, suspicious activities or broken security equipment should be handled immediately on a priority basis. If, you fail to do so, you could find yourself saddled with a higher level of legal liability, in the event a tenant is injured in a burglary gone awry, even after a relevant complaint has been lodged with you.

Ques. What kind of legal trouble are landlords confronted with if their tenants indulge in drug dealing on the property?

Ans. Tenants, who are involved in the illegal act of drug dealing, can land a landlord into all kinds of complex legal trouble:

• If drug-dealing is going on in your rental property, you will find it difficult to find and retain good tenants, which will only send your property value plummeting.
• Anyone injured or annoyed by drug dealers, whether they are tenants or people from the neighbourhood, can sue the landlord on the grounds their property is a public nuisance that seriously threatens both public safety and morals.
• A landlord who allows illegal activities to continue on his / her rental premises may also invite stiff fines to be levied by local, state or federal authorities.
• A landlord, who knowingly allows drug dealing on his / her rental property, may find criminal penalties slapped against him / her by the law enforcement authorities.
• In extreme cases, the presence of drug dealers on your rental premises may result in the confiscation of your property by the state government.

Ques. How can legal problems arising from drug dealing or law breaking tenants be avoided?

Ans. Landlords can take several practical steps to avoid landing into legal trouble arising from tenants, including limiting their exposure to lawsuits, such as:

• Screening tenants meticulously, selecting only those who are likely to be law-abiding and peaceful citizens. Violent, dangerous individuals should be weeded out, to the extent permissible under privacy and anti-discrimination laws, which limit questions that can be asked of a prospective tenant, regarding any past criminal activity, drug use or mental illness.
• Always, ask rental payment to be made by cheque. For your own protection, never ever accept cash rental payments.
• Disruptive behaviour on the part of tenants should not be tolerated or exonerated. Your lease or rental agreements should have an explicit provision strictly prohibiting drug dealing and other illegal activity. If you find any tenant violating this clause, promptly evict them.
• If there is heavy traffic in and out of your rental premises, you have every right to be suspicious of this activity.
• If other tenants or neighbours complain about drug dealing activities taking place on your rental property, get advice from the police, just as soon as you learn about the problem.

All landlords should consult security experts for advice and guidance on what should be done to discover and prevent illegal activity taking place on their rental property.

To avoid expensive litigation with unruly tenants, successful landlords will find screening prospective tenants and employees helps in weeding out those who have past evictions or a criminal past. Visit www.e-renter.comfor tenant screening and background check services.