Posted by Teresa on December 21, 2011 under Landlord Tips | 
It’s time to put together your New Year’s Resolutions for 2012. And while you are probably an excellent landlord in every way, you may be considering making a few improvements in the New Year. To help, we’ve compiled a list of landlord behaviors to avoid:
- Avoid the temptation to go through your tenants’ private spaces. Sounds like a no-brainer, since tenants have the right to privacy, even though they live in your property. But when a tenant recently reported coming home and finding the contents of her closet on the floor, along with a note saying that overstuffing will break the door, it apparently needs to be addressed.
- Don’t show up at your tenant’s door without the appropriate notice, as specified by the law and in the lease. Even if you’re already in the neighborhood, and you just want to stop in and change the furnace filter, and it will only take a moment, avoid this bad habit. Unless you see an imminent threat to your tenant’s safety, you need to give them proper notice.
- Avoid being like the San Francisco landlord who is being sued for $10 million by his tenants for failing to deal with bugs and mold. We’ll never be able to completely eradicate the rats, bedbugs, cockroaches, and other creepy crawlies that most people do not enjoy having around. But it’s a landlord’s duty to provide a safe and habitable living unit. And mold is a serious health hazard, especially for those with asthma or compromised immune systems. So if your tenants report a problem with bugs or mold, take care of it.
- Don’t discriminate against your tenants or prospective tenants. Raise your awareness of what constitutes discrimination—because it’s illegal. For example, one Ohio landlord recently got in trouble for her “White Only” pool sign. She said it’s an antique, and must have thought it was harmless, but one tenant didn’t find it to be harmless. The landlord has been fined by the state Civil Rights Commission, and is appealing the charges
Landlords aren’t perfect—and neither are tenants. But it’s important to keep a professional business relationship with your tenants—keep that in mind as you go into the New Year!
Posted by Teresa on November 8, 2011 under Landlord Tips |
These days, tenants have more ways to complain, more publicly, than ever before. Instead of calling you or your property manager, dropping by your office to talk, or sending an actual letter through the U.S. Postal Service, tenants with issues are more likely to tell anyone who will listen through Facebook or Twitter.
On the surface, this might not make sense, since as the landlord, you may never even see their complaint – unless you are “friends” with your tenants on Facebook.
So why do tenants complain on social media networks if landlords have little chance of hearing them? Some do it for attention; others have hopes of getting some results.
In some cities, groups of disgruntled tenants are banding together to create mini bad-publicity campaigns against their rental property owners. In other cases, a single tenant may send out a tweet or post to see if anyone else has a similar complaint.
Their motives are the same: they seek strength in numbers in hopes of getting attention or coming to a resolution. Before social media, there was no quick way for people to find each other and create a mini-movement. Now, it only takes a minute of their time and 140 characters to find dozens of others with similar problems.
How can a landlord handle a negative Facebook or Twitter campaign? The first rule of social networking is to respond, so if you do come across a tenant complaint on Facebook or Twitter, be proactive. Create an action plan, starting with a calm and neutral response. Acknowledge that you hear the complaint. You don’t necessarily need to admit to fault or take responsibility, but do let the tenant know they are being heard.
Next, ask the complainer to “take it offline,” with a private conversation or email exchange. Follow up by publicly thanking your tenant for their business and share how you resolved the issue. Remember, your tenants are your customers and deserve your respect and quick action.
A social media backlash by your tenants may be uncomfortable, but handling it badly will only make it worse. So be nice, and remember that everything you write can and will be held against you! Most important, try hard to be the better person. You’ll resolve the situation much faster by taking the high road – and you may even create more “fans.”
Posted by Teresa on September 8, 2011 under Landlord and Tenant FAQs |
Every now and then, landlords are faced with unusual requests from their tenants. One we’ve heard of recently involved a tenant asking for a discount on rent in exchange for paying a full years’ worth up front.
The rent is $650 per month, and the tenant offered a full payment of $7,200 or $600 per month. The landlord wanted to know if it was a good idea to accept the tenant’s money and move on, knowing she didn’t have to worry about late rent for a full 12 months.
While it might seem like a no-brainer to eliminate one concern that comes with being a landlord, this might not be such a smart way to go. Here’s why:
- Even if the landlord put the entire amount into the bank, interest rates are hardly attractive right now. Other investments might garner more return—or not. Is the risk worth it? There are few incentives for the landlord to give up $600 in rent.
- Offering a tenant a discount doesn’t make sense when you consider the lease stipulates rent is $7,800 per year, to be paid monthly at the rate of $650 per month. Monthly payments are all a landlord needs to do to make rent easier to pay.
- Entering into negotiations such as this with tenants could lead to others seeking discounts for paying two, three or six months in advance. This could lead to a bookkeeping nightmare for the landlord. And anyone who thinks tenants won’t find out about such an arrangement should think again. Tenants talk!
- If the tenant breaks the lease, or the landlord needs to evict, holding the tenant’s money for future rent could complicate matters.
In the end, a $50 discount is far more generous than any bank would give the landlord—so why give it to the tenant?
Posted by Teresa on July 26, 2011 under Landlord Tenant Lawsuits |
Disputes between landlords and tenants are part of the job of being a landlord. And sometimes it’s necessary to sort things out in a court of law. But court cases are time consuming, expensive, and mostly unpleasant. For many landlords, taking a tenant to court is the worst aspect of owning rental property.
The next time you and a tenant don’t see eye-to-eye on an issue, why not explore alternatives, such as mediation? Professional mediation is a non-adversarial process for resolving disputes that can save you time and money, as well as improve your relationship with your tenant.
What Is Mediation?
• Mediation allows both sides to share their side of the story in the presence of a trained, neutral mediator.
• Is private and confidential.
• Can result in binding agreements, but no one can be forced to accept an unsatisfactory solution.
• Is typically less expensive than court-based solutions.
• Results in a settlement about 85% of the time.
• Is offered by some municipalities or universities for free, so check to see if that’s an option where you live.
Mediators help adversaries talk through a problem without anger, for a more efficient communication process. Professional mediators also help the parties work through possible solutions and come to an agreement.
Mediation cannot be used when legal advice is needed or a case involves criminal charges.
Mediation Can Assist in Disputes Between Landlords and Tenants
• Damaged property
• Rent payments or increases
• Security deposits
• Repairs
• Noise complaints
• Property use issues
• Common area maintenance disputes
• Pet issues
A web search can help landlords locate nearby mediation services. And remember, it can be free of charge, depending on where you are located.
Posted by Teresa on July 1, 2011 under Eviction, Lease and Rental Agreements |
While a lease agreement and landlord/tenant relationship is a strictly business arrangement, landlords sometimes have to deal with a tenant’s personal problems. Loss of a job, a need to break a lease and move to another city, and other life situations cross the line into a personal nature.
When tenants have protective orders against spouses, partners, or acquaintances, the landlord may not even know. However, when the other party violates the order and enters the rental property, problems can ensue all around.
One tenant in California was faced with eviction when her husband, from whom she was separated, threatened and stalked her at her apartment. Police were called and the tenant obtained a restraining order, but the property manager informed her she needed to move to avoid upsetting her fellow tenants.
In California, and most other states, a protective order protects tenants from repercussions such as eviction. Domestic violence that has been documented, as in this case, is not a reason for terminating a lease. But what if the tenant had allowed the stalking troublemaker onto the property? That’s another story. If the tenant is voluntarily subjecting other tenants and the property to possible harm by allowing a dangerous person onto the premises, eviction may be warranted.
Under Federal guidelines for Section 8 owners, landlords may not refuse to rent to an applicant solely because he or she is a victim of domestic violence, dating violence or stalking. Nor can the tenant be evicted, even if criminal acts (such as property damage) related to the domestic or dating violence or stalking, are caused by the tenant or a guest. There is an exception for cases in which there is an actual or imminent threat to other tenants or employees of the property if the tenant is not evicted.
Many states follow the federal guidelines, but if you need guidance on a situation, it’s best to check with a local law official or landlord/tenant attorney for advice.
It’s not easy to be privy to the personal problems of tenants, but at times a landlord can’t avoid it. It’s important to know what is and is not allowed when dealing with legalities such as restraining orders.
Legal disclaimer:
The contents of this article are intended for general information purposes only, and should not be relied upon as a substitute for obtaining legal advice applicable to your situation.
Posted by Teresa on February 16, 2011 under Landlord Tips |
Landlords and tenants wrestle with certain issues more than others. Security deposits, rent due dates, and wear and tear are a few that seem to pop up the most. What a landlord considers damage, a tenant might view as “normal wear and tear.” Conversely, a tenant may think water damage is the landlord’s responsibility, while the rental property owner thinks it falls under the umbrella of tenant obligations.
Here is a guide to help settle which is which when it comes to wear and tear:
| Normal Wear and Tear: |
Tenant Damage: |
| Minor scratch in wood floor |
Gouges or pet scratches in wood floor |
| Carpet indentation from furniture |
Torn carpeting |
| Worn areas in flooring, such as in doorways |
Burns or stains in flooring |
| Dirt on walls and floors |
Cigarette or food stains on walls and floors |
| Minor indentations on walls |
Holes or gouges that require repair |
| Water stains in bathroom |
Water damage from not reporting leaking pipe |
| Surface dust or dirt |
Layers of dirt from not cleaning |
| Dusty window blinds |
Broken window glass |
| Slow drains due to normal use |
Plugged-up drains from misuse |
| Cracks in tile due to age |
Broken tiles from heavy objects being dropped |
| Worn parts on appliances |
Missing parts on appliances |
Clearly, there are limitations to a landlord’s responsibility, whether a tenant doesn’t take proper care of a rental unit or an accident occurs. For example, a tenant may not be totally at fault for his friend’s dropping a bowling ball on the tile floor, but when it happens to someone else’s property, he who lives there must be held responsible.
And if a tenant can’t be bothered to clean her apartment, the landlord is entitled to have it done for her when she moves out—and deduct the fee from the security deposit.
On the other hand, it’s always up to the property owner to perform routine maintenance, which can go a long way to preventing bigger problems, like clogged pipes, water damage and worn out appliances.
Posted by Teresa on December 14, 2010 under Landlord Paperwork and Forms, Landlord Tips |
Many tenants notify landlords of their plans to move at the end of a lease by mentioning it in passing. Others assume that, if they haven’t signed a new lease, the landlord knows they are moving and they don’t need to notify.
It’s a good idea to require tenants to provide a written notice of their intent to move. Many states require it, and if you use a well-written lease, it probably does as well.
The Advantages of Written Notices
Requiring tenants to put their intentions in writing is a good idea for several reasons:
- It eliminates the mix-up that can occur with verbal notifications
- It keeps the landlord/tenant relationship more businesslike
- It may be state law
- Written notices leave nothing to the imagination
- You won’t forget the tenant’s move-out date, which can lead to problems
- You’ll have time to prepare the security deposit return or deductions
What to Include on a Tenant’s Notice of Intent to Vacate Unit
Use a simple form, either one you obtain online or one you create yourself. You can provide it to tenants at lease signing, although it’s not likely they’ll keep it around long enough to turn it in at the end of the lease. Many landlords provide a form to tenants 60 or 90 days before the lease is up, with instructions to return it within 30 days of the end of the lease, if they plan to move.
The form should include:
- The date the form was completed;
- The name of the landlord or property management company;
- The address of the rental unit;
- Legal language including: The undersigned Tenant (name) hereby gives written notice of intent to vacate the rental unit at (address) on (date);
- A statement that the tenant understands they are responsible for rent until the end of the current lease or the day they vacate the unit, whichever is later;
- A statement that in accordance with the lease, the landlord is allowed reasonable access with advance notice to show the rental unit to prospective renters or contractors;
- A line for the tenant to sign and date the form.
As you can see, a thorough tenant move-out form covers all the bases: the date of the move-out, the day the rent is to be paid through, and permission to show the unit or allow access to workers.
Landlords who want even more information can include a short survey on the form, asking why the tenant is moving and if there is anything that could have been done to keep him or her as a tenant. This type of feedback is extremely valuable!
Pre-screen all tenants as part of your standard application process. Background and credit checks will help ensure you rent to qualified tenants. For more landlord resources, including forms and information on tenant screening, turn to E-Renter.com.
Posted by Teresa on August 24, 2010 under Landlord Tips |
When it comes to refunding security deposits, most landlords and tenants will squabble at some point over the flooring in the rental unit. Carpets get stained or wear out, hardwood is easily scratched, and vinyl flooring doesn’t always hold up to tenant wear-and-tear.
What is the best flooring choice for rental units? And how do you decide whether it’s time to switch to something new in your investment properties?
Ask a dozen landlords those two questions, and you’ll likely get a dozen answers. One thing most agree on is that carpet, while it can be the most economical choice, will often give you the most headaches.
Why? Carpet stains and odors are notoriously difficult to remove. A tenant’s pet, cigarette smoke and food odors are absorbed into carpets and padding and can permeate the air in the rental unit—as well as the sub-flooring below. However, in higher-end rentals, tenants may expect nice carpeting—just make sure your security deposit covers damage repair. Landlords know ruined carpeting can occur at every rent point.
- Individual adhesive-backed vinyl tiles are the first choice of many landlords—for bathrooms, kitchens or even the entire unit. They are inexpensive, easy to install and easy to replace. Some landlords we’ve talked to prefer commercial-grade tiles over the less-costly home variety because they hold up better.
- Tenants love hardwood floors. They look fantastic and add value to your rental unit, so if you have hardwood floors, make sure you advertise that fact! But what about caring for them? For homes that are lived in for years, it’s not as large an issue as it is for rental units that might have furniture moved in, out and around every 12 months. Some floor refinishers will recommend a harder topcoat if you inform them it’s a rental unit. Still, tenants can find ways to scratch and gouge the floors. Ask tenants to use floor protectors on furniture legs.
Furniture moving hint: When sliding furniture across a floor, put a thick sock on each leg to make it easier—and save the floor.
- Consider painting the hardwood floor instead. Floor paint is tough and easy to apply yourself. It’s less expensive than refinishing the floors, and between tenants you can repaint it quickly. Make sure you allow it time to cure completely before allowing the new tenant to move furniture in.
- Finally, landlords are starting to use concrete floors more often. They are inexpensive and easy to maintain. In addition, concrete is extremely durable and can be stained or colored to look very attractive. The key to a great looking concrete floor is proper polishing. Keep in mind that concrete floors tend to be hard and cold. Some landlords limit their use to kitchens and bathrooms.
Every landlord must balance initial cost, maintenance requirements and lifespan of flooring options before deciding which way to go. What issues have you encountered when replacing flooring in rental units?
Pre-screen all tenants as part of your standard application process. Background and credit checks will help ensure you rent to qualified tenants. For more landlord resources, including forms and information on tenant screening, turn to E-Renter.com.
Posted by Teresa on August 17, 2010 under Landlord Tips, Tenant Screening & Background Checks |
- An incomplete tenant background check may not provide information on a lease applicant’s employment and income.
- Verifying the employer listed by a lease applicant will indicate his or her honesty—or lack of it. If you call the number provided and the telephone is not answered professionally (or at all) you might have reason to suspect the potential tenant is not being truthful. Certainly, exceptions apply—especially for small businesses.
- Long-term employment is an indicator of stability. However, recent economic difficulties have put many talented and dedicated employees out of work. Landlords may need to be flexible on their standards until the economy recovers. Requiring all tenants to have held their jobs for two years, for example, could mean a record number of vacant rental units for you.
- It can help you determine whether a potential tenant’s income source is lawful or illegal. Sure, it’s nice to have tenants who have plenty of cash to pay their rent. But if they’re not legally employed or cannot provide proof of income, like pay stubs, you could be asking for big trouble.
- Verifying employment can give you peace of mind. Renting to qualified tenants with jobs is the number one concern of most landlords. Confirming your lease applicants’ employment can keep your cash flow healthy and reduce turnover in your rental properties.
The best time to thoroughly check out a tenant’s employment situation is before the lease is signed. Following this tenant screening procedure on every applicant will ensure that you are not discriminating against any protected groups and that you will be leasing to only qualified tenants.
Posted by Teresa on August 9, 2010 under Landlord and Tenant FAQs, Rents and Deposits |
When a tenant informs you that they will not be renewing their lease, provide them with move-out instructions. Written notice of your expectations is always a good idea when it comes to dealing with tenants.
What Should Move Out Instructions Cover?
- The first item should be that a written move-out notice is required from the tenant. This helps clear up any possibility of confusion over dates and terms of the move-out.
- Ask the tenant to provide an address to which you can return the security deposit, after deducting legitimate expenses for repairs or cleaning.
- Inform the tenant you will be contacting them to conduct the move-out inspection. Let them know this is not optional: you will need the tenant to be present to initial and sign the inspection list.
- Let the tenants know that according to the terms of the lease, the unit must be returned to the same condition it was in when they moved it. If they’ve painted a different color on the walls, they need to repaint it. If they don’t clean the unit thoroughly, you can hire cleaners and deduct the fee from the tenant’s security deposit. Any damage repair costs will also be deducted from the deposit.
- If there is a fireplace in the unit, let tenants know they must have it professionally cleaned before moving.
- Tenants might not know that the last day of the lease is the day they must be out. Inform them that any extra days will be charged a prorated amount of their monthly rent. To calculate daily rent, divide the total rent by 30.
- Ask the tenant to set the thermostat at whatever temperature you prefer.
- Utilities need to be transferred to you or turned off, according to what works for you. If ther is another tenant lined up, then obviously you don’t need to turn them off. Let the tenant know to inform the utility companies, including gas, electric, cable, water and sewer, of the last day they will be in the space. Warn them not to have the utilities transferred or turned off until the end of the last day of their lease.
- Let the tenant know where to leave any extra trash and where to drop off the keys.
One thing landlords can count on is that eventually, all of their tenants will move out. Whether it’s a good thing or bad, it can be a smooth process when you’re organized and approach each move-out the same way.
It’s time to put together your New Year’s Resolutions for 2012. And while you are probably an excellent landlord in every way, you may be considering making a few improvements in the New Year. To help, we’ve compiled a list of landlord behaviors to avoid:
