Special Features:
Free
Newsletter!
Forms Wizard
(Coming Soon!)
|
Landlording Success
Awaits You...

Get started in
2 minutes!
Learn more |

Landlord's Cash Flow Analyzer
+
The Complete Landlord e-Guide

=
THE ULTIMATE
INVESTOR'S SUCCESS PACKAGE
Click here
for more info
|
|
Frequently Asked Questions
|
Normal Wear
and Tear |
Click
here for a Normal Wear and Tear
Guide from rentlaw.com |
|
Tenant Screening
|
Check out
How to Screen Tenants in 5 Easy Steps,
by thelpa.com |
|
Evictions |
Eviction, (a.k.a
unlawful detainer) is the process of legally removing a tenant from a
rented premises. This process varies by state so it is important
that you research the requirements in your jurisdiction before
proceeding. It is always wise to contact a real estate attorney to
assist you if you are unfamiliar with the due process of the law so you
do not risk losing your case due to a technical error.
The following links
provide more information on the eviction process:
To check out the
eviction summary from Lawyers.com,
click here.
Click here For
the DOs and DON'Ts of eviction process from rhol.com |
|
Section 8 Housing |
US Department of Housing and
Urban Development
Publications:
HUD's Public Housing Program
An explanation of the Section 8 Program:
Housing Choice Vouchers
|
|
Roommate Situations |
Dealing with
Roommates can be somewhat problematic if there is not a clear
understanding of the issues and responsibilities involved in this
arrangement. As a landlord, it is essential that you clearly
understand the nature of a co-tenancy situation and explain it to each
tenant prior to signing a lease. To further avoid co-tenant
issues, it is an excellent idea to require that the co-tenants sign a
Roommate Agreement (such as the one included in The Complete Landlord
e-Guide) and deliver a copy to you.
Another issue involves
dealing with security deposits. It is important to clarify a
strict policy that the security deposit shall remain the collective
property of all co-tenants regardless of how it was originally paid.
This means that when
the tenancy ends, you have the right to make any refund check payable to
all co-tenants (i.e. "John Doe, Jane Doe and Bob Smith"). This way, if
there are any disputes over security deposit deductions for repairs,
cleaning, etc., it will be the responsibility of the co-tenants to work
out themselves and you can stay out of it.
This also means that if
one roommate wants to move out, and another wants to move in, you as the
Landlord (after approving any such changes and creating an addendum to
the lease) should not be bothered with having to refund a portion of the
deposit to the old roommate and collecting the same from the new one.
Again, make it the tenants' responsibility to work out the details.
Otherwise, you are better off terminating the lease entirely, completing
a formal move-out inspection, deducting for repairs or damages and
refunding the deposit balance, etc. so you can start all over with a new
lease for the new tenancy. This way you eliminate the chances of
damage and other financial disputes down the road.
As mentioned above,
using a good Roommate Agreement will clarify these and other similar
issues that often cause problems in multiple tenancy situations.
It's an excellent policy to require roommates to review and sign one
amongst themselves prior to signing the lease.
Check out the sample roommate agreements and legal tips at
www.roommatesetc.com. Click on
the "Catalog" link.
The following
links from nolo.com also explain typical roommate issues:
|
|
Charging for Damages |
Learn about assessing
move-out charges from The Landlord's Protection Agency's
Settlement Charges Guide |
|
Small Claims Court |
Success In Small Claims
Court
Defending A Small Claims
Case
Small Claims Court In Your
State
Collecting A Small Claims
Judgment
Small Claims Terms |
|
Landlord and Tenant
Rights and Duties |
Click here to learn about the
obligations of landlords and tenants with regard to keeping up the
premises, making repairs, entry and inspection and guest and
neighbor issues. |
|
Security Deposits |
Learn about
avoiding security deposits disputes and how to make deductions from
security deposits,
and about
Security Deposit Insurance
from RHOL.com |
|
Discrimination |
See the Housing Discrimination and
Accommodation page at Lawyers.com |
|
Hiring a Property Manager |
Sometimes the wisest
decision you can make as a property investor is to hire a professional
management company. If you are not prepared to take on the
responsibilities of being a landlord and/or are an absentee owner,
finding a good property manager will be money well spent.
The best way to find
someone is to get a personal referral from another investor but if you
are starting your search from scratch, the following are some general
guidelines to consider:
1)
Choose a company with an office that is physically close to your
property and/or that has a lot of other rentals in your area. This
way, they will be more likely to drive by it from time to time which
is important in verifying that your property is being maintained
well. Also, they will be readily familiar with the appeal of your
property and neighborhood as far as assessing the rent price, lease up
time and quality of tenant you are likely to attract.
2)
Find someone that is accessible by phone during normal working hours.
I prefer to work with smaller companies but some don't have full time
phone help. In this case they should at least have a cell phone or
other means of reaching them quickly and easily. If you have to leave
a message, you can tell much about how organized and capable a manager
is by how prompt they are about returning your call. Also, find out
about how after hours emergencies are dealt with as well which will be
important for your tenants and the maintenance of your property.
3)
Ask about their screening policies as well as their tenant policies
and procedures, especially with regard to delinquent and/or problem
tenants. How do they deal with evictions and at what stage will you
be contacted in the event that there is a major problem with the
tenant or the property? Ask to review their lease agreement to see
how thorough it is and inquire about their typical new tenant
procedures. Do they take time to review the lease in detail with each
tenant, going over pertinent lease terms? Do they use addendums for
pets and roommates to clarify potential issues? How do they deal with
maintenance and repair issues? Do they have an affordable means of
taking care of these issues (such as a knowledgeable maintenance staff
member) or do they just contact an outside contractor? How will they
ensure you that they will always find the best and most
affordable options?
4)
Inquire about how and where properties are advertised for rent.
Generally, you want to make sure your ads will get maximum exposure
based on the type of tenant you are trying to attract. For example,
if you were renting a unit in the middle of a college district and
wanted to attract students, a good manager would want to advertise in
the college paper, on campus bulletin boards, etc. Conversely, if
you were trying to attract a professional, you might want to avoid
these avenues and focus on professional advertising media and/or
corporate relocation departments. A good manager will
assess the benefits of your particular property and will advertise
accordingly. They will also be resourceful about the best means
of promoting your unit while being conscious about minimizing your
advertising costs. Newspaper ads can be exorbitant so be sure to
check on whether a manager has discount pricing (they usually do) and
will put together an ad campaign that runs on optimal days. For
example, running a newspaper ad on Thursday, Saturday and Sunday (the
days with the most readership) will maximize the bang for your buck
rather than running your ad 7 days a week.
5) Be
prepared to contact and "interview" more than one management company.
Always ask for the owner or senior management and meet with them in
person so you can more thoroughly evaluate how they present
themselves. You want someone who is personable and professional, and
someone that you like and feel like you can trust. I would put a lot
of weight on my gut feeling about someone after meeting with them.
Review their management contract and discuss your personal goals and
expectations. A good manager will be somewhat flexible in negotiating
the management agreement in order to meet your needs.
6)
Inquire about their management fees which should be anywhere from 7%
to 10% of monthly gross rents collected. Some companies charge set up
and maintenance fees in addition to your monthly management fees.
Find out who gets the tenant late and bounced check fees and ask how
your monies will be held and accounted for. Compare what you find out
to what you know about other companies in the area to assess what is
reasonable and usual.
|
|