Posted by Teresa on February 18, 2010 under Eviction, Landlord Paperwork and Forms, Landlord Tips | 
Depending on the state in which your property sits, you can probably collect back rent and damages from former tenants through wage garnishment.
Garnishment of wages is done through the courts, after a judgment is made against the debtor. The debtor’s employer is ordered to withhold a portion of his or her wages, and turn them over to the court, to be disbursed to the creditor.
The question most landlords ask is if the amount of money in question is worth the time, trouble and expense of the court proceedings required. The best way to determine this is to obtain an accounting of the fees involved: usually there are court costs, process server fees, filing fees, and attorney’s fees—unless no attorney is involved.
As with eviction proceedings, many landlords hire a landlord/tenant law specialist to file garnishment papers the first time, and then decide whether or not they can handle the process themselves. And that’s a personal decision, just like deciding what dollar amount makes the court action “worth it.” Every landlord is different in this respect. Once you determine the out-of-pocket costs, you can then make your decision.
Obtaining a judgment is one thing, but if the tenant has no means to pay it, you may never see the funds owed to you—and working hard to collect them could be a huge waste of your time. And it should go without saying that your former tenant needs to be employed in order for his or her wages to be garnished.
There are other factors to consider in making a decision to garnish a tenant’s wages:
- Do you have the tenant’s new address? If not, filing will be very difficult.
- Have they moved out of state? Again, filing becomes more complicated.
- Do they have other garnishments, such as for child support payments? Other garnishments must be satisfied first.
- Is the tenant’s income below the poverty line? If so, they are exempt.
If you decide to file for a Writ of Garnishment, you’ll need to gather all the tenant paperwork, including the lease application, the lease or rental agreement, proof of rent payment, proof of any notices to Pay or Quit, eviction papers, and notes from conversations and electronic communications.
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, 2010 under Eviction, Landlord and Tenant FAQs |
Christopher is no newbie landlord. He has purchased and rehabbed several properties in his city, and is running his investment property business full time. His tenants are a mix of couples, families, and singles from every income tier and diverse backgrounds. He’s had his share of problem tenants, but the only real problems he’s had to face are late rent payments.
Until a few months ago. Christopher surprised a tenant—although completely unintentionally—and discovered signs of drug use in his property. Here’s what happened: while doing some routine maintenance at Apartment #1 of a duplex, he realized he needed to shut off the water main. Unfortunately, the main fed both living units. So Christopher knocked on the door of Apartment #2 to see if anyone was home, and to let them know the water would be off for a few minutes.
When his tenant opened the door, she appeared surprised at seeing Christopher; she quickly stepped out and closed the door behind her. While Christopher maintained his tenant’s privacy by not looking into the apartment, he couldn’t help but notice the odor wafting out the door and into his nostrils! It was definitely marijuana.
Christopher informed the tenant of the impending water shut off and left, feeling conflicted about how to handle the situation. But he soon made a decision.
If you were the landlord what would you do?
A. Nothing. Marijuana should be legal.
B. Nothing. If the tenant is not hurting anyone, it’s none of my business.
C. Have a talk with the tenant. Let her know that illegal drugs are not tolerated on my property and give her written warning that the next time it happens, I will start eviction proceedings.
D. Start eviction proceedings immediately. Illegal drug use harms all my tenants and the community and could make me liable for any related property damage or personal injury.
Christopher chose door D. Backed by a solid rental agreement that clearly states illegal drugs are not allowed on his property, Christopher did what he always did when it came to handling tenant issues: he enforced the terms of the lease, as agreed to by the tenant.
Christopher did not want to evict this tenant. He had no prior issues with her, and she paid her rent on time. But he strongly believes in treating all tenants equally and enforcing his lease and tenant rules fairly. He felt he had no choice other than to evict this lease-breaking tenant.
The outcome of this story? While evicting tenantsis never pleasant, Christopher discovered he did it just in time to prevent the occupants of Apartment #1 from moving away. Turns out they had noticed marijuana odors from the apartment next door for months and no longer wanted their kids subjected to it. When they discovered their neighbor had been evicted, they thanked Christopher for keeping of the duplex drug-free and enforcing the lease.
Posted by Teresa on February 11, 2010 under Landlord and Tenant FAQs, Landlord Tips |
If you’re a seasoned landlord, you probably have done each of these no-nos at least once in your career. If you’re a newbie, consider yourself warned: these five errors are easy to make, and can cost you plenty.
1. Making decisions with your heart instead of your head. Yes, owning rental property is a people business—and when people are involved, some concern for their welfare is normal. Treating your tenants with respect is necessary—but allowing emotions to cloud good decisions is a mistake. Example: Christine’s new tenant had $1200 of the $1400 needed to move into her apartment. She told Christine she would pay her the rest as soon as she moved in, which Christine allowed her to do. Months later, Christine still hasn’t collected that $200, and has had difficulty collecting subsequent rents, too.
2. Allowing desperation, the economy, the rental market, and even the weather prevent you from following your established procedures. There is no doubt that unemployment remains high and most parts of the U.S. are experiencing renters’ markets. In certain areas, it’s cold and snowing—and a bad time to be attempting to fill vacancies. Experienced landlords will tell you to stick it out. This business is cyclical, and now is no time to shed proven procedures like screening tenants and calling previous landlords before signing a lease with a new tenant. Desperation is not a position of strength.
3. Confusing appearance with tenant credit worthiness. A nice car, good clothes and expensive-looking jewelry have fooled many landlords into assuming a tenant applicant has solid credit and a great job. Conversely, a carless, sloppy dresser on a bike could be the best tenant you’ve ever had. The old adage applies: Do not judge a book by its cover.
4. Failing to review the lease thoroughly. It may seem like overkill, but taking the time to review every lease with every tenant—line by line—and obtaining initials on each page is just a smart way to do business. Example: Barry hands his lease to his tenants, asks them to review it and bring it back signed and dated. He often finds himself reiterating his rules and expectations over and over, and wonders why his tenants don’t get it.
5. Not charging enough rent. There is a fine line between what the market will bear and what you need to bring in to make a profit. Before you purchase rental property is the time to figure out the numbers, taking into consideration the principle, interest, taxes, insurance, and expenses from landscape service to lawyers’ fees you’ll be paying out. What is the range of rent that will support the expenses, P&I and allow for a profit? Is the range within the market rent for the property? If you start low and the rental market falls, you could be in a losing situation. Renting property is a business and no one can go in the hole month after month.
Posted by Teresa on February 9, 2010 under Landlord Paperwork and Forms, Landlord Tips |
While most landlords appropriately treat their rental property businesses like a business, there are always ways to improve practices and in turn, cash flow. If you’re making any of these common legal mistakes, you could be putting your business and finances at risk.
Lackluster leases and rental agreements: The most important legal document in a landlord’s toolbox is the lease. You must be sure yours stay within the limits of new federal and local laws. If your lease has paragraphs scratched out and rewritten lines, do yourself a favor and revamp it. Then have a landlord/tenant attorney take a look at it—it’s worth it to be sure you’re in compliance.
2. Not having a lawyer: Sure, legal guidance can be expensive. But acting as your own attorney, or relying on friends or the Internet for your legal advice can end up costing much more than sound, professional advice from a licensed attorney. For routine procedures, like evictions, hire an attorney for your first one and then you can possibly file subsequent paperwork yourself.
3. Ignorance of Rental Laws: Landlords are expected to familiarize themselves with federal, state, and local laws. The Fair Credit Reporting Act outlines proper credit check procedures. The Fair Housing Act prohibits discrimination against potential tenants on the basis of race, color, religion, sex, family status, or national origin. The Americans with Disabilities Act prohibits discrimination against persons with disabilities, and can require landlords to modify their leases (such as no-pet rules) or their properties to accommodate them.
4. Ignorance of Employee Laws: Landlords need to know how employees are defined by state and federal government. Whether you consider someone an employee or a contractor might not match the government’s definition—which determines whether or not you must pay taxes and offer any mandated employee insurance coverage. Be careful when paying independent service people, like handymen or lawn care people—don’t pay in cash, and establish contractor status by recording their EIN or Social Security Numbers so you can issue 1099s at the end of the year, if needed. Of course, ask your lawyer for specifics.
5. Insufficient Record Keeping: Ideally, you asked your tax professional or CPA how to set up your records before you purchased your first rental property. Keeping track of mileage, rental income, security deposits, expenses and other deductions is not the most enjoyable part of being a landlord. But it’s the most important part of running your business. Careful records and receipts for all of your expenses are vital to the health of your rental business.
Keeping legal matters tidy is one way to ease the stress of being a landlord.
Posted by Teresa on February 5, 2010 under Landlord Tips, Marketing for Landlords |
In this challenging rental market, a rental property owner needs effective marketing tools. A website can be a great way to advertise your properties and reach more potential tenants than the competition.
Your website can be free. Using a blogging platform like WordPress is the most popular way to get started with your own custom website—at no charge. Take a look around WordPress’s site. You’ll find step-by-step instructions and tutorials that make creating a website easy for everyone.
If you are not technically inclined, be prepared to invest some money in your website. Contact several local web designers for bids. Make your choice based on the deliverables you’ll get for the price. A good designer will ask the right questions and narrow down your needs, which may be just a few pages.
Be sure you can add, change, and delete content yourself. Most web designers work with Content Management Systems (CMS), where the end user has access to a database and easy-to-use tools to keep content fresh and updated. There is nothing worse than a website you cannot update yourself, so make sure your designers offer CMS sites.
What should your website include?
- Photos of your available rentals. Take several indoor shots, especially of the kitchen and bathroom. For outdoor shots, try to choose a bright, sunshiny day—grey, overcast photos are depressing.
- Addresses and Google® maps of available rentals.
- Neighborhood information, including parks, schools, transit, and walkability.
- The Equal Housing Opportunity logo (easily downloaded from the web).
- Well-written descriptions of available rentals. Since you’re not paying by the word, like in a classified ad, be creative. Describe the apartment or home thoroughly, including number of baths and bedrooms, any appliances included, square footage, proximity to schools, grocery stores, restaurants, or shopping, amenities like new carpet, hardwood floors, or lots of windows, the size and type of yard, fitness facilities, or patios, and whether pets are allowed.
- Contact information, with a link to your email address.
Screening tenants on your website: it’s fine to inform potential tenants of your prescreening policy, including that all applicants are required to undergo background and credit checks. If you charge an application fee, say so. You won’t scare off anyone except tenants who are not a good fit for you.
What not to say: Do not use language that can be interpreted as discriminatory. For example, if your property is near a church, don’t mention it in your description because you could be seen as accepting only a certain religious group. It’s also not a good idea to specify that your property is “great for” any group of people—parents, single moms, small families, or active adults—because that can be interpreted as if you’re telling everyone else (big families, the disabled, child-free, etc) that they are not welcome to apply.
Finally, keep your website updated. As soon as a vacancy is filled, remove it from your website. If you refuse an applicant because you’ve already rented your property, but it’s still showing vacant on your site, they could claim discrimination.
Websites are easier than ever to maintain, and a great way to showcase and advertise your rental properties!
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 January 30, 2010 under Landlord and Tenant FAQs, Landlord Tips |
Landlording can be a tough business. Your income often depends on factors beyond your control: the economy leads to job losses; job losses and overbuilding lead to vacancies; vacancies lead to a renter’s market. Coupled with the day-to-day hassles of keeping your properties in shape, handling tenant problems, and making the numbers work, the stress can make even a saintly person cranky at times.
Cranky landlords don’t necessarily make the best landlords. Most landlords want to be known as a “good landlord,” which could be broadly defined as enjoying mutually-beneficial and respectful relationships with long-term tenants, making a profit and enjoying the rental business. These are not unachievable goals.
Good landlords know that income property investing is not about the buildings. They know their income from those properties depends on the people inside them. Good landlords know they are in the people business. Outstanding customer service and communication skills are absolutely necessary to be a good landlord.
Tenants might say the characteristic common to good landlords is empathy—the ability to understand another’s situation, feelings, or emotions; to walk a mile in that person’s shoes.
Tenants are people and want to be treated just like you want to be treated. Sure, they make mistakes. Sure, you’ve heard the horror stories from other landlords about skipped rents, trashed apartments, neglect, and bad behavior. These things happen to the nicest of landlords. But they don’t happen as much to good landlords who treat their business like a business, their tenants like people, and who set high standards for their properties, their tenants, and their own behavior.
Good landlords:
are fair
know who they are renting to before the lease is signed
make repairs when they are needed
wouldn’t rent anyone a property they wouldn’t let their mother live in
set firm rules
respect their tenants enough to not treat them like children—or animals
do not take advantage of their tenants
are not self-serving
recognize the landlord/tenant relationship as a mutually-beneficial business partnership that takes work on both sides
It doesn’t take a superhero to make a living in the rental property business. Lots of folks do—and some manage to be “good landlords,” too!
Landlording can be a tough business. Your income often depends on factors beyond your control: the economy leads to job losses; job losses and overbuilding lead to vacancies; vacancies lead to a renter’s market. Coupled with the day-to-day hassles of keeping your properties in shape, handling tenant problems, and making the numbers work, the stress can make even a saintly person cranky at times.
Cranky landlords don’t necessarily make the best landlords. Most landlords want to be known as a “good landlord,” which could be broadly defined as enjoying mutually-beneficial and respectful relationships with long-term tenants, making a profit and enjoying the rental business. These are not unachievable goals.
Good landlords know that income property investing is not about the buildings. They know their income from those properties depends on the people inside them. Good landlords know they are in the people business. Outstanding customer service and communication skills are absolutely necessary to be a good landlord.
Tenants might say the characteristic common to good landlords is empathy—the ability to understand another’s situation, feelings, or emotions; to walk a mile in that person’s shoes.
Tenants are people and want to be treated just like you want to be treated. Sure, they make mistakes. Sure, you’ve heard the horror stories from other landlords about skipped rents, trashed apartments, neglect, and bad behavior. These things happen to the nicest of landlords. But they don’t happen as much to good landlords who treat their business like a business, their tenants like people, and who set high standards for their properties, their tenants, and their own behavior.
Good landlords:
are fair
know who they are renting to before the lease is signed (thorough tenant pre-screening)
make repairs when they are needed
wouldn’t rent anyone a property they wouldn’t let their mother live in
set firm rules
respect their tenants enough to not treat them like children—or animals
do not take advantage of their tenants
are not self-serving
recognize the landlord/tenant relationship as a mutually-beneficial business partnership that requires effort on both sides
It doesn’t take a superhero to make a living in the rental property business. Lots of folks do—and some manage to be “good landlords,” too!
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 January 25, 2010 under Fair Housing Act, Landlord Tenant Lawsuits, Tenant Screening & Background Checks |
Question 1 is about pet policies. Let’s say a landlord has five rental units. The tenants in four of them are neat and clean. The fifth tenants are not. They leave trash around their unit, and during inspections the landlord wonders if they ever clean the place. If a “neat and clean” tenant wants to adopt a dog, and a tenant number five also want to adopt a dog, is it discriminatory to approve Mr. Clean’s request and turn down the other tenant?
Pet policies have nothing to do with the Fair Housing Act. The only tenants who are protected regarding pets are those who fall under the protection of the Americans with Disabilities Act (ADA). A service animal must be allowed, regardless of your pet policies. All other pets are completely at your discretion.
Question 2 is regarding appearance. A landlord has two applicants for the same apartment. The first arrives in a clean, well-maintained late-model car. She is nicely dressed, and wears expensive-looking jewelry. The second arrives on a bicycle, wearing baggy jeans, a baseball hat turned backwards, and a torn t-shirt. Is it discriminatory to decline the second prospective tenant’s application without going any further?
Yes. Landlords may not discriminate on the basis of appearance. Smart landlords are “blind” to it, using solid tenant background screening as the decision maker. In this case, the first applicant could be way overextended on her credit, have a bankruptcy in her credit history, and owe her previous landlord a few months’ rent. The second could have bicycled straight from work, where he is well-respected, earns a good salary, and has solid credit. Appearances can be deceiving.
Question 3 is regarding advertising. Landlord Jane wants to pre-screen tenants by describing her expectations in the “for rent” ads she places in the paper. Her ad reads as follows: “1BR 1BA apartment, clean building, safe neighborhood near church. No pets, no kids, no smokers, no drinkers, no bums. Background and credit checks. Ref req’d.” Is Jane’s ad discriminatory?
Could be. Describing the rental unit as “near church” could be interpreted to mean she desires tenants of that church’s denomination. “No kids” can be problematic. You cannot discriminate against people with children, although a one-bedroom apartment could be considered too small for more than one person. Parents or a parent and infant in most states are allowed to rent a one-bedroom apartment. Check your local and state laws. Landlords can enforce a “no smoking” rule, and rules regarding alcohol consumption in common areas, but not a general “no drinking” or “no bums” rule. Jane’s definition of a “bum” is most probably discriminatory.
Remember, landlords must be very familiar with the Fair Housing Act, which bars discrimination against persons based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians), pregnant women, and people securing custody of children under the age of 18), and handicap (disability). Treating all of your tenants fairly and consistently is a smart way to avoid charges of discrimination.
Question 1 is about pet policies. Let’s say a landlord has five rental units. The tenants in four of them are neat and clean. The fifth tenants are not. They leave trash around their unit, and during inspections the landlord wonders if they ever clean the place. If both a “neat and clean” tenant and tenant number five want to adopt a dog, is it discriminatory to approve Mr. Clean’s request and turn down the other tenant?
Discrimination is defined by the Fair Housing Act (FHA). Pet policies have nothing to do with the FHA. The only tenants who are protected regarding pets are those who fall under the protection of the Americans with Disabilities Act (ADA). A service animal must be allowed, regardless of your pet policies. All other pets are completely at your discretion.
Question 2 is regarding appearance. A landlord has two applicants for the same apartment. The first arrives in a clean, well-maintained late-model car. She is nicely dressed, and wears expensive-looking jewelry. The second arrives on a bicycle, wearing baggy jeans, a baseball hat turned backwards, and a torn t-shirt. Is it discriminatory to decline the second prospective tenant’s application without going any further?
Yes. Landlords may not discriminate on the basis of appearance. Smart landlords are blind to appearance, using solid tenant background screening as the decision maker. In this case, the first applicant could be way overextended on her credit, have a bankruptcy in her credit history, and owe her previous landlord a few months’ rent. The second could have bicycled straight from work, where he is well-respected, earns a good salary, and has solid credit. Appearances can be deceiving.
Question 3 is regarding advertising. Landlord Jane wants to pre-screen tenants by describing her expectations in the “for rent” ads she places in the paper. Her ad reads as follows: “1BR 1BA apartment, clean building, safe neighborhood near church. No pets, no kids, no smokers, no drinkers, no bums. Background and credit checks. Ref req’d.” Is Jane’s ad discriminatory?
Could be. Describing the rental unit as “near church” could be interpreted to mean she desires tenants of that church’s denomination. “No kids” can be problematic. You cannot discriminate against people with children, although a one-bedroom apartment could be considered too small for more than one person. Parents or a parent and infant in most states are allowed to share a one-bedroom dwelling. Check your local and state laws. Landlords can prohibit smoking in rental units and alcohol consumption in common areas, but not a general “no drinking” or “no bums” rule. Jane’s definition of a “bum” is most probably discriminatory.
Remember, landlords must be very familiar with the Fair Housing Act, which bars discrimination against persons based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians), pregnant women, and people securing custody of children under the age of 18), and handicap (disability). Treating all of your tenants fairly and consistently is a smart way to avoid charges of discrimination.
Posted by Teresa on January 23, 2010 under Landlord and Tenant FAQs, Landlord Tips |
Landlords, do you really know what’s going on inside your rental properties? Has a tenant ever surprised you with unacceptable (or illegal) behavior? How many of you have discovered evidence of an unauthorized pet—after the tenant moved out?
It only takes a quick scan of a newspaper to find the horror stories landlords and property managers must deal with: Woman found with 32 cats in studio apartment; Police raid methamphetamine lab in neighborhood home; Marijuana-growing operation in basement shocks neighbors.
As a landlord, you have the right and duty to inspect your rental properties. The right to know what activities are taking place on your property should be clear in your lease. If your tenant signs it, they affirm that they agree. The duty falls under protecting your other tenants and the community around your property by keeping illegal activity out of your rentals.
Scheduling periodic inspections can be done as soon as the lease is signed. Or, if you decide at any time during the lease period to begin inspections, just let your tenant know when you’ll be there. The element of surprise could work in your favor if you suspect a tenant is breaking the rules, but remember that in most states, you must give notice prior to entering a tenant’s unit.
Communicate with your tenant. Let them know that the inspection is routine and necessary to ensure that systems are operating properly, or to check for plumbing leaks, test CO2 levels, locks, fire extinguishers or structural problems. Allow them to ask questions. Tenants with nothing to hide will likely have no problem with your coming into their home. If a tenant wants all the details of the inspection, or asks for more time, you might have a problem on your hands.
On inspection day, check all the systems, fire extinguishers, smoke alarms, and plumbing. As you walk through each room, see what else is going on. Listen for any odd noises, like a hidden dog or cat (it happens!). Look for signs of animals, illegal activity, and “odd-shaped” plants. If there is a basement, attic, or storage area, check them out, too. Any drug-related activity is likely to occur out of sight.
If you find evidence of illegal activity, do not confront your tenant on the spot. Call the police and tell them what you have seen or heard. If the tenant’s infractions are lease-related such as extra people or animals you have not approved, follow your established procedures for tenants who break the provisions of your lease.
A simple habit like regular inspections of your rental properties can go a very long way to preventing big problems!
Landlords, do you really know what’s going on inside your rental properties? Has a tenant ever surprised you with unacceptable (or illegal) behavior? How many of you have discovered evidence of an unauthorized pet—after the tenant moved out?
It only takes a quick scan of a newspaper to find the horror stories landlords and property managers must deal with: Woman found with 32 cats in studio apartment; Police raid methamphetamine lab in neighborhood home; Marijuana-growing operation in basement shocks neighbors.
As a landlord, you have the right and duty to inspect your rental properties. The right to know what activities are taking place on your property should be clear in your lease. If your tenant signs it, they affirm that they agree. The duty falls under protecting your other tenants and the community around your property by keeping illegal activity out of your rentals.
Scheduling periodic inspections can be done as soon as the lease is signed. Or, if you decide at any time during the lease period to begin inspections, just let your tenant know when you’ll be there. The element of surprise could work in your favor if you suspect a tenant is breaking the rules, but remember that in most states, you must give notice prior to entering a tenant’s unit.
Communicate with your tenant. Let them know that the inspection is routine and necessary to ensure that systems are operating properly, or to check for plumbing leaks, test CO2 levels, locks, fire extinguishers or structural problems. Allow them to ask questions. Tenants with nothing to hide will likely have no problem with you coming into their home. If a tenant wants all the details of the inspection, or asks for more time, you could have a problem on your hands.
On inspection day, check all the systems, fire extinguishers, smoke alarms, and plumbing. As you walk through each room, see what else is going on. Listen for any odd noises, like a hidden dog or cat (it happens!). Look for signs of animals, illegal activity, and “odd-shaped” plants. If there is a basement, attic, or storage area, check them out, too. Any drug-related activity is likely to occur out of sight.
If you find evidence of illegal activity, do not confront your tenant on the spot. Call the police and tell them what you have seen or heard. If the tenant’s infractions are lease-related, such as extra people or animals you have not approved, follow your established procedures for tenants who break the provisions of your lease.
A simple habit like regular inspections of your rental properties can go a very long way to preventing big problems!
Posted by Teresa on January 19, 2010 under Landlord and Tenant FAQs, Landlord Tips |
The question of pest control in rental properties is often debated. Tenants expect that their rental unit will be pest-free when they move in.—and they expect that the property owner will keep it pest-free. Pests fall under the responsibility of making your property habitable, which your tenants are entitled to.
Some landlords maintain that their responsibility is limited to delivering a house or apartment that is free from vermin or rodents at the time the lease is signed—and that the tenant becomes responsible from then on. This usually comes up after a tenant has moved in and starts seeing bugs or mice. In many cases, the tenant’s living habits are the problem. Whether it’s leaving food out and attracting mice and insects, or failing to report a water leak that rots out a baseboard, lifestyle can certainly contribute to pest issues. In this case, why would the landlord be responsible to pay for pest control?
However, if you’re an apartment building owner, you know how bugs and critters spread throughout an entire building. It only takes one unit to attract pests that become a problem for everyone else. In this case, the landlord would probably need to get control of the situation—on their own dime.
Pests can either be a huge problem or a non-issue, based on where your rental properties are. Some areas are just buggier than others. Some cities have major vermin problems. If you’re lucky to own rental property in an area that is infested with roaches or rats, you’re likely to spend much more time and money fighting them than other landlords. In warmer climates, property owners often take the initiative to keep cockroaches and other problem bugs under control through regular pest maintenance, like spraying.
Fleas are usually considered the tenant’s responsibility. If you allow pets in your rental properties, you might consider requiring pet owners to keep their animals on flea control. If it’s in the lease, and they agree to it, you’ll have some backing if fleas later become a problem. Flea control is especially important when pet-owning tenants move out. Fleas lay eggs that can hatch and surprise the next tenant. Be sure to have a professional service treat the unit for fleas—and the tenants should foot the bill.
The question of pest control in rental properties is often debated. Tenants expect that their rental unit will be pest-free when they move in.—and they expect that the property owner will keep it pest-free. Pests fall under the responsibility of making your property habitable, to which your tenants are entitled.
Some landlords maintain that their responsibility is limited to delivering a house or apartment that is free from vermin or rodents at the time the lease is signed—and that the tenant becomes responsible from then on. This usually comes up after a tenant has moved in and starts seeing bugs or mice. In many cases, the tenant’s living habits are the problem. Whether it’s leaving food out and attracting mice and insects, or failing to report a water leak that rots out a baseboard, lifestyle can certainly contribute to pest issues. In this case, why would the landlord be responsible to pay for pest control?
However, if you’re an apartment building owner, you know how bugs and critters spread throughout an entire building. It only takes one unit to attract pests that become a problem for everyone else. In this case, the landlord would probably need to get control of the situation—on their own dime.
Pests can either be a huge problem or a non-issue, based on where your rental properties are. Some areas are just buggier than others. Some cities have major vermin problems. If you’re lucky to own rental property in an area that is infested with roaches or rats, you’re likely to spend much more time and money fighting them than other landlords. In warmer climates, property owners often take the initiative to keep cockroaches and other problem bugs under control through regular pest maintenance, like spraying.
Fleas are usually considered the tenant’s responsibility. If you allow pets in your rental properties, you might consider requiring pet owners to keep their animals on flea control. If it’s in the lease, and they agree to it, you’ll have some backing if fleas later become a problem. Flea control is especially important when pet-owning tenants move out. Fleas lay eggs that can hatch and surprise the next tenant. Be sure to have a professional service treat the unit for fleas—and the tenants should foot the bill.
