Posted by Teresa on April 16, 2010 under Landlord Tips, Landlord and Tenant FAQs, Rents and Deposits | 
Ask ten landlords about rent due dates and last charges, and you’ll probably get ten different answers—none of them wrong. The thing about running a rental property business is that you get to establish your own procedures and practices to suit your needs—within the limits of federal, state, and local laws, of course. And if they don’t work for you, you can always change them (your procedures, not the law)!
Here we present the results of an informal survey we conducted among four landlords we know:
Landlord #1: This landlord is a stickler for rules. Rent is due on the 1st of the month. It’s late on the 2nd, which is when he posts his pay or quit notice. He doesn’t mess around—and he has excellent cash flow numbers to back up his policy. “A grace period means rent isn’t due until the grace period is over,” he says. Using an online rent payment system helps—all of his tenants arrange to pay their rent online on the 1st of each month.
Landlord #2: Rent is due on the 1st, and a 10% late fee is tacked on the 4th. Each day after, $10 more is added to the late fees. The eviction notice, however, is posted on the door on the 3rd of the month—to encourage payment.
Landlord #3: With many older tenants who depend on Social Security and Section 8, this landlord knows that rent due on the 1st doesn’t work. So, while rent is due on the 1st, there is a grace period until 5 p.m. on the 4th. On the 5th, the 3-day eviction notice is posted; if rent is paid during that time, the landlord adds a $50 late fee.
Landlord #4: This landlord wins the “flexibility” award. Rent due dates are negotiated with each tenant during the lease signing, depending on when the tenant can pay each month. Some have Social Security arriving on the 8th of the month, so that is when their rent is due. Others are paid on the 1st and 15th of the month, so the rent is due on the 2nd. Still others want to pay out of the second paycheck, so theirs is due on the 16th. All of these due dates would cause some landlords to pull their hair out—but this woman says when it comes to money that is owed to her, she can easily keep track of it.
The most important advice these landlords give is to check your local laws—you may not be able to charge a late fee at all, and many states will dictate when you may post an eviction notice.
Posted by Teresa on March 2, 2010 under Landlord and Tenant FAQs, Rents and Deposits |
While some landlords avoid bounced checks by requiring cash or money orders from tenants, most still accept checks—and the risk that goes with that. Studies show that while the number of online payment options grows, the number of checks being written is declining. Still, plenty of folks pay their bills—including rent—with checks.
What are your options when a tenant’s check is returned by your bank?
Depending on the state in which you do business, writing a bad check can range from a misdemeanor to a felony. And, bad checks can be treated by law enforcement as a serious matter—or as a nuisance. Follow these steps to avoid the need to involve your local police or sheriff’s department.
- The first thing most landlords do is to demand full payment from the tenant, including the amount of the check, plus a handling fee. Make sure this fee covers any bank charges for returned checks and your bookkeeping time.
- Check your state and local laws to determine if there is a limit to the amount you can collect as a returned check fee. Some states allow for penalties and interest; others limit landlords to a flat fee.
- Give your tenant a time limit to pay in full. Many landlords and property managers begin eviction proceedings if they have not collected the full amount due by the end of the time limit.
- It is perfectly reasonable to require payment in the form of a money order or certified check—and to require subsequent rent be paid in the same way.
- If you charge a late fee for late rent, remember your tenant will be responsible for that if they pay in full after the agreed-upon date. So add it to the total tab.
- When drawing up lease and rental agreements, be sure to include a provision that covers your policy on returned checks. Include the compensation language, time limits, and late fees, and your requirements for money orders and/or certified checks.
Posted by Teresa on February 3, 2010 under Landlord Paperwork and Forms, Landlord Tips, Rents and Deposits |
Landlords have many options for collecting rent from tenants—some more secure than others. Take a look at our readers’ tips and decide which is best for you.
1. In person:
A dicey choice, for sure, and one of the more old-fashioned methods for rent collecting. Some landlords physically visit tenants and pick up rent, or tenants drop it by their office.
Pros: You see your tenants every month and can check in with them. If you’re personally picking up the rent, you can check on your property. You’ll have the rent in your hand—no “check’s in the mail.”
Cons: If you’re collecting in cash, it’s dangerous. Depending on your schedule and number of rental units, it could be inconvenient and time-consuming (especially if tenants are away or don’t have the rent ready for you when you arrive).
2. By mail: A time-proven method.
Pros: Landlords don’t need to leave the comfort of your home or office. It’s convenient for tenants to write and mail rent checks on their own schedules.
Cons: You’ll often experience a time lag between the day rent is due and when it is received. Who makes the trips to the post office to collect envelopes? How often will all rent checks arrive at the same time? What if your bank charges per deposited item? And everyone’s favorite: How often will you hear that a check is in the mail, got lost in the mail, or was rerouted to Peru on its way to your PO Box?
3. With an online pay system:
Property owners can set up an online payment system account (such as Pay Pal) so tenants can pay online either with a credit card of through a bank account. Or, landlords have several options with online rent payment portals that are easy to set up and use.
Pros: no checks to deposit—rent funds are deposited directly to your bank account of choice. No waiting for checks to arrive in the mail. A much more secure system to receive payments—no cash involved. Some rent collection packages offer reports and other valuable information to help run your business more efficiently.
Cons: there are usually transaction fees involved—so if the rent is $1000, you could actually receive 2% to 3% less. Transfers can take a few days. If tenants pay by credit card, there is always the possibility they will dispute a charge and cause a chargeback, which ties up the funds until the dispute is settled. Not all tenants have Internet access.
4. Direct deposit/Electronics Fund Transfer (EFT):
Pros: More tenants are paying their bills online. Automatic transfer of rent is one less hassle for them. Funds are automatically deducted every month from tenant’s account and deposited to yours. Safe, secure, and no checks to wait for and then deposit.
Cons: There is the possibility that tenants will not have the funds available when rent is due. Plus, there is the small detail of another form to fill out, explain to tenants, and obtain their authorization.
Whether you collect cash, checks, money orders, or just review your bank statements online and watch your funds transfer in, the best method of rent collecting is an ongoing debate with landlords and property managers.
Posted by Teresa on December 30, 2009 under Landlord and Tenant FAQs, Rents and Deposits, Screening and Background Checks |
If one of your New Year’s Resolutions is to increase your cash flow, one way to do so is through application fees. Landlords and property managers use these fees to recover their expenses for background screening, credit checks, and the time it takes to vet a potential tenant.
If you’re really lucky and have several applicants for the same unit, you may opt to screen the best (on paper) applicant first and refund the fees to the remaining applicants. Or, you can screen all at once and choose the strongest applicant. In this case, the other applicants would not receive refunds, since the background check was conducted.
If you decide to keep application fees to cover expenses, avoid issues with applicants by stating very clearly both verbally and on the written application that fees are non-refundable. You’ll also want to determine your policy for refunding fees in the event the tenant changes his or her mind about going through with the rental agreement.
Obviously, a landlord would want to avoid accepting any deposit funds until all background screening has been completed and the tenant’s application approved.
Check your state and local laws for guidance—laws vary greatly and you could face limitations on keeping fees and/or time constraints for returning them. If your application fee policy is questioned, be ready to prove expenses with accounting records. Keep the application fee on a different line item from security deposits and rents in your books.
Smart—and honest—landlords also avoid questions of integrity around fees by only accepting applications for units that are truly available, and by doing some initial screening prior to running the tenant background check. If the applicant’s income is below your minimum, do everyone a favor and just turn down the application.
If one of your New Year’s Resolutions is to increase your cash flow, one way to do so is through application fees. Landlords and property managers use these fees to recover their expenses for background screening, credit checks, and the time it takes to vet a potential tenant.
If you’re really lucky and have several applicants for the same unit, you may opt to screen the best (on paper) applicant first and, upon approval, refund the fees to the remaining applicants. Or, you can screen all at once and choose the strongest applicant. In this case, the other applicants would not receive refunds, since the background check on each was conducted.
If you decide to keep tenant application fees to cover expenses, avoid issues with applicants by stating very clearly both verbally and on the written application that fees are non-refundable. You’ll also want to determine your policy for refunding fees in the event the tenant changes his or her mind about going through with the rental agreement.
Obviously, a landlord would want to avoid accepting any deposit funds until all background screening has been completed and the tenant’s application approved.
Check your state and local laws for guidance—laws vary greatly and you could face limitations on keeping fees and/or time constraints for returning them. If your application fee policy is questioned, be ready to prove expenses with accounting records. Keep the application fee on a different line item from security deposits and rents in your books.
Smart—and honest—landlords also avoid questions of integrity around fees by only accepting applications for rental units that are truly available, and by doing some initial screening prior to running the tenant background check. If the applicant’s income is below your minimum, do everyone a favor and just turn down the application.
Posted by Teresa on November 17, 2009 under Landlord Tips, Rents and Deposits |
Rent collecting is the number one headache we hear from landlords. Lots of tenants, it seems, cannot seem to pay on time. Plus, there’s the time wasted making collection phone calls, picking up rent personally, dealing with checks and bank deposits, bad checks, and visits to the post office.
More people than ever pay their bills online. Health clubs have automatically debited their monthly fees from members’ accounts for years. Your tenants probably already pay insurance and car payments automatically every month. Why not offer them a way to pay their rent online, too?
Rentmatic is an automated rent payment service that debits your tenants’ bank accounts on the day rent is due, and transfers the funds to your designated account. It’s free to sign up, but they charge a fee of $3.95 for each unit that is on the automatic system (there is a discount for 25 units or more). The company also offers dynamic features like free data storage and an online tenant communication, where tenants can request maintenance and the landlord can email all or selected tenants. And, they offer tenants an incentive to pay online, with a chance to win a $50 prize every month.
ClearNow collects and transfers rent payments through the ACH protocol. The service is $14.95 per month, including one tenant, plus $2 per additional tenant. The service sends reminder emails eight days prior to debiting tenants’ accounts, which is done on the first banking day of the month. Three days after debiting tenant accounts, the funds are credited to the landlord’s account.
Required paperwork for online rent payment services is minimal; you can incorporate the authorization into your new tenant paperwork easily. Be sure to keep copies of all signed agreements and authorizations in your tenant files.
We recommend you also automatically
screen all tenants as part of your application process. For more landlord resources, including forms and information on
tenant screening, turn to
E-Renter.com. .
Posted by Teresa on October 20, 2009 under Landlord Tips, Marketing for Landlords, Rents and Deposits |
If you’re a landlord with a vacancy or two, fall can be a difficult time or year to fill them. Coupled with the renter’s market we’re in, you could need to think more creatively to turn those vacancies into occupied rentals. Here are some great ideas to try if you want to attract great tenants:
Lower the rent: lowering your rent might be the last thing you want to do, but sometimes it’s necessary. Do you know what the market rents are for similar properties in your area? If you haven’t checked them out lately, you may find that they’ve dropped—while you’re still asking a previum for your property. HUD publishes the Fair Market Rents for every metropolitan area in the United States, which is accessible on their website: http://www.huduser.org.
Landlords can also check out rentometer.com, which uses a proprietary algorithm to tell you if the rent you are charging for a property is too low, way too high, or reasonable. Just enter the address, number of bedrooms, and rent you are considering, and you’ll get an idea of what other units in the neighborhood are renting for. Smart tenants know. You should, too.
Waive one month’s rent: If your rent is where it should be, or you don’t want to set the precedent of lowering it, offer a free month’s rent to a qualified tenant. Mathematically, it could work out the same for your bank account, but psychologically, “free” is a major enticement to the tenant. It’s up to you to give the free month up front, in the middle, or at the end of the lease.
Upgrade or pray the utilities: If your rental property has basic cable, offer to pay for an upgrade to premium. Or give the tenant high-speed wireless Internet access for six months or a year. You could even pay the water bill, with a monthly dollar limit to discourage waste.
Replace the carpet, blinds, or an old appliance: If you have a great prospective tenant that you’re afraid will walk away, offer new carpeting if your unit needs it, or upgraded mini-blinds, or install a new stove or refrigerator. Most of these upgrades can be amortized over several years’ worth of tenants—but might be just the thing to entice one to move in now!
Posted by Teresa on October 2, 2009 under General, Landlord Tips, Rents and Deposits |
Allowing pets or not: that is the question. For many landlords, the answer is not quite as simple as it once was. For one thing, it seems that more tenants than ever have or want pets. They expect more rental units to accept pets. And it’s a renter’s market, with a flood of rental properties coming on the market and vacancies at all-time highs in some areas.
If you are a landlord who continues to hold a “no pets” policy, then you are limiting your pool of available tenants—perhaps by half, according to the Humane Society of the United States. If all of your rental properties are leased, then you probably don’t need to revisit your policy—but if you have empty units, a “no pets” policy could be hurting you. If you are considering allowing pets, here are some tips that can help make it a win-win situation for you and your pet-loving tenants.
In a perfect world, all pet owners are responsible and can afford to take care of their four-legged “children.” They happily pay extra pet deposits and will take care of any damages that their dog or cat inflicts on your property. They make it easy to be a landlord in a pet-friendly world! On the other side of the spectrum are the neglectful pet owners, who don’t take proper care of their pets, don’t care where they relive themselves or if they tear up the carpet, yard, or woodwork. Keep these folks in mind when you write your tenant pet policy.
First, determine the type and size of pets you will allow in your rentals. You can decide if you want to limit tenants to keeping just dogs, or dogs and cats, or everything from iguanas, to snakes, to birds. Next, decide if you will block certain breeds of dogs, such as so-called “dangerous” breeds, or limit dogs to a maximum weight.
You can reserve the right to screen your tenants’ pets just as you screen tenants. Meet the animal to see if they are friendly or badly behaved. Does the tenant have control over the pet—or vice versa? Consider how long the tenant has had the pet—if it is brand new to the tenant, the unknown factor could be more than you want to take on.
Consider charging a pet security deposit on top of your standard deposit. Most pet owners are comfortable with paying extra for their pets. Check your state and local security deposit guidelines for legalities.
Outline your tenants’ responsibilities clearly in the pet policy. Indicate where the dog is allowed, that it must be kept on a leash outside if that’s what you desire; spell out that the tenant must properly dispose of waste; and that excessive barking or other noise will not be tolerated.
Make sure your liability insurance covers tenant pets; consider requiring your tenants with pets to carry their own renter’s insurance as well. Check with your insurance agent for specifics.
Check the pet’s references, too! If the tenant has had his or her cat, for example, in previous rentals, the landlord or property manager will usually tell you exactly what they faced when the tenant vacated the property. Some cats can inflict a great deal of damage—especially when they are not altered—so ask for references—and check them!
According to the Humane Society of the United States, millions of animals are abandoned to shelters every year because their owners are moving or because a new rental does not allow animals. Writing a strict tenant pet policy and communicating your expectations to your tenants can allow some of those pets to remain with their families—and keep your rental units filled.
Posted by Teresa on August 25, 2009 under Landlord Tips, Rents and Deposits, Tenant Credit Checks |
As the housing marketing continues to struggle, many landlords are finding themselves in a tough spot. Perhaps you’re one of them: vacancies are rising, your bank is tightening up your credit line and won’t refinance your mortgage, and you really need a positive cash flow.
If your tenants are smart, they know that in some areas, it’s a renter’s market—and they could be planning to ask you for a rent reduction, especially if they feel they’re paying more than the market dictates.
What should a landlord do if a tenant asks for lower rent?
- Determine whether or not your tenant has a valid case for a reduction in rent. Look at your local rent market, and compare your rents to similar units. You should always be aware of the fair market value in your area—and there are plenty of resources to guide you.
- Analyze your cash flow. If you determine your rent is above market value, but you can’t lower the rent and stay profitable, look for ways to reduce expenses. Perhaps you can take over landscaping duties from your contracted service. Or, perform small repair and maintenance yourself for awhile. You could even offer a compromise, such as keeping the rent the same, but covering some utility costs.
- Analyze the tenant’s history. Does the tenant pay on time every month? Have there been any complaints against them? How careful are they with your property? If they have been a great tenant, compare the rent reduction request with the hassle of finding a new tenant. You may find that peace of mind will make the reduction more palatable.
- Advise that you will be conducting a tenant credit check—and then follow through. If your tenant’s credit status has changed since the lease was signed, a thorough screening is the only way to find out. You may discover credit problems that indicate the tenant is not a good candidate for lower rent negotiations.
As a landlord, you are in a constant balance act to obtain and keep good tenants who pay on time. As the economy starts to slowly recover, you may have to concede to belt-tightening or reducing rents in order to attract and keep your best tenants.
Posted by Teresa on May 20, 2009 under Landlord Tips, Rents and Deposits |
If you’re a landlord, we hope you’ve already established solid policies and procedures for collecting rent and shared them with your tenants—in writing. If not, go do that immediately and come back when you’re through!
For the rest of you, here are a few pointers for collecting rent that may help keep your blood pressure—and your bottom line—at a healthy level.
1. Do not allow multiple checks: Roommates might prefer to pay you separately for their share of the rent. The trouble begins when someone’s division is wrong or not all roommates pay promptly. It is not your responsibility to track down multiple tenants for rent on the same unit. Require them to figure out who owes whom and to present one check for the rent.
2. Remind tenants when rent is due: You could provide monthly invoices or reminders, or even a rent payment coupon book to help your tenants keep track of when their rent is due. For routinely slow payers, a phone call five days before rent is due is reasonable.
3. Contact tenants immediately if rent is late: Stay calm and businesslike, but do not hesitate to call tenants about late payments. Determine the cause of the problem, and inform them of their options.
4. Avoid accepting partial payments: If an excellent tenant requests a chance to pay in part, you can consider allowing this, but make them aware it is a one-time deal. And then, present the tenant with paperwork to sign: either an agreement to pay the rest by a specific date or a legal rent demand notice. And remember that in most states, accepting partial payments voids any prior legal notices for nonpayment of rent.
5. Offer small incentives for prompt payments: It may seem like a stretch in a down economy, but times like this are perfect for rewarding your tenants who pay on time. Purchase pizza or movie rental gift certificates and mail or hand them to your prompt paying tenants. Even small gestures encourage more good behavior.
6. Don’t consider a cash discount: Rather than charging a late fee, some landlords set the rent higher, and then offer a discount to entice tenants to pay rent on time. The courts have historically frowned upon this. If you want tenants who pay on time, then prescreening tenants is a better practice.
7. Don’t redeposit bad checks: If a tenant bounces a check, it is best to require a cashier’s check or money order to replace it. (And for all subsequent rent checks from that tenant.) But if they swear the bad check is now good, rather than re-depositing it, go to the tenant’s bank and either cash it or have them certify it so you can deposit it into your account without worry.
8. Don’t waive late charges: There is no good way to bend the rules. You have established policies to protect yourself from lawsuits—so follow them. Treating a tenant more favorably than others can lead to accusations of discrimination. Waiving late charges will mean you cannot reasonably begin charging them again.
9. Keep late charges and returned check charges reasonable: Many states have limits on how much a landlord can charge for late fees. Check out your local laws, too. Returned check fees should be based on what your bank charges you, plus enough to reimburse your time to deal with it. And remember, if your tenant makes good on a bounced check after your standard grace period, they are responsible for late fees as well.
10. Keep good records: If your tenants pay by mail, record the date you receive their checks. If they pay in person, give them a receipt. If you receive a rent payment by mail after the due date, keep the envelope’s postmark in case your tenant disputes a late charge.
Posted by Teresa on April 22, 2009 under Landlord Paperwork and Forms, Landlord Tips, Rents and Deposits |
Photo Courtesy of flickr
Tenants move out. That’s a reality that every landlord and property manager faces. And when working with all types of tenants, it follows that you’ll have all kinds of move-out experiences—some good, some very bad. Here are a few things to look out for, and some procedures you might find helpful.
Preparing for Move-Out Day
You should really have started preparing for move-out day when your tenant moved in. If you were proactively communicating with your tenant from the start, you already completed a Check-In Sheet. Establishing the condition of the unit upon signing the lease, then using the same list to evaluate on move-out day, is a simple way to track any damage and appropriate charges.
Be Consistent
Maintaining clear communication and working from established procedures are two themes we visit often in this blog. If you have standard procedures and forms in place, every interaction with your tenants will be easier on both parties—and will keep you covered from a legal standpoint as well. Remember that you do not want to be seen as discriminating against any tenants, so you must require the same paperwork and notices from all.
Security Deposit Disputes
This is the number one problem in landlord tenant relationships. Many tenants have a fear of not receiving their security deposit back. If you’ve been inspecting the property on a regular basis, then your tenant has had ample opportunity to point out any problems that could affect their deposit. Still, your definition of “ordinary wear and tear” could vary greatly from your tenants’. Be fair, but firm, take reasonable deductions and provide a thorough accounting of the security deposit. Return the balance promptly, and comply with all local laws covering interest and time limits.
Written Notice
If your tenant mentions in passing or calls specifically to inform you they’re moving, let them know you require written notice. Remind them that the rental agreement states this clearly, and that you need to be sure all are in compliance with the lease and with the law. Provide them with a simple Tenant’s Notice to Vacate Rental Unit form, covering the property address, names, dates, reason for moving, and allowing you access to the unit to inspect and show the unit to prospective tenants or repair people. Do not allow the tenant to skip giving you notice in writing—it brings too many possibilities for problems!
Next post: In Tenants Moving Out, Part II, we’ll explore some additional suggested procedures, the Move-Out Inspection, and help define “ordinary wear and tear.”
