NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

Here are the 10 things every rental property manager should know.

Here are the 10 things every rental property manager should know.

  • Posted: Apr 20, 2022
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1) Technology Is the Key to Success

If you aren’t using rental property manager software, you probably won’t make it far in the US rental market 2020. Honestly, the use of technology in a property management company is no longer a luxury but is now a necessity. Today, there are tools and digital real estate resources that rental property managers can use to their advantage. You can find a less time-consuming and more efficient way for almost every aspect of the job.

I’ll let you in on something the most successful property managers do. They’ve realized how big of a role technology plays in property management and now run all of their operations through one platform. As a rental property manager, there’s a lot of paperwork involved in the work you do. Whether it be from collecting rent payments, drafting leases, or paying maintenance fees, if you haven’t digitized this info, the paperwork will pile up and become difficult to manage. You can also set up some sort of portal on your website to make communication between you, the property owners, and the tenants run smoothly.

2) Property Management Marketing Is Evolving

As the industry changes every day, the way the business functions and the best practices involved change as well. One of the best developments we’ve seen is how to get more property management clients. A lot of residential property managers today have adapted their marketing strategies to attract more property owners to be potential clients. The latest strategies are- you guessed it- digital.

The process of finding and qualifying property management leads can be strenuous and time-consuming. But it’s a nonstop task of becoming a property manager. For your business to grow, your client base must grow. To do that, you need to have an attractive marketing strategy in place. A lot of managers today are generating traffic to their business through social media posts, blog pages, youtube videos, and more. An online presence has become vital for the success of rental property managers as this leads to a level of exposure you otherwise wouldn’t reach. After generating all this traffic to your business and website, you need a way to differentiate the customers from the serious real estate leads.

Our algorithm can instantly qualify leads and let you know which real estate investors and owners are ready to start a rental property business, expand, and hire a property manager. You can confidently match them with the best type of investment property, as you can compare Airbnb vs long-term rentals, and even find off-market properties with our platform.

3) The Importance of Delegating Authority to Your Team

Sometimes it reaches a point where you can no longer take on the responsibility of managing multiple rental properties. Good property management means putting together a reliable property management team. Most of the people you hire will have to take on some form of responsibility and be in charge of specific tasks. Bookkeeping, tenant screening, marketing, rental billing, and maintenance are all tasks you could be delegating to members of your team. Hire people with the same attitude and efficiency as you. This way you’ll be confident in their abilities to get the job done.

4) The Responsibilities of Being a Rental Property Manager

I just very quickly went over the fact that you should lighten your workload by delegating tasks to other members of your property management team, but are you sure you know all of the tasks involved in this profession? It’s important for every rental property manager to know what’s expected from him or her. If you’ve been in the game for a while now, you’ve probably got this on lockdown, but if you’re just starting out, let’s go over a refresher.

How to be a property manager? By following these main responsibilities:

  • Screening tenants
  • Setting rent and collecting rent
  • Scheduling regular property maintenance checks
  • Maintaining records
  • Supervising rental properties and other employees

You ultimately want to make sure that all of the rental properties you’re managing are positive cash flow properties.

5) A Lawyer Can Draft the Rental Lease Agreement

There are landlord-tenant laws set in every state, and usually, they lean to favor one side over the other. As a property manager, you’d want to aim for the landlord-friendly states, as these will ultimately make legal proceedings much easier for you. While every rental property manager should know the landlord-tenant laws applied in their state, hiring a lawyer to help with things like rental agreements is recommended. Hiring a legal professional to either put the rental agreement together for you or to just review the lease you prepared is the best way to protect yourself from any potential tenant fallouts.

6) Property Management Industry Trends Are Always Changing

This is a big-scale thing to remember. This is a fast-paced industry with new factors coming in and out of play constantly. Stay updated on the latest news in the business and what’s in demand, keep an eye out for the competition, and don’t stop working on yourself. If there are new amenities (like smart appliances) that are becoming the new standard, you need to take this into consideration. The services you offer should follow the new things viewed as necessary for a rental unit by tenants. For example, some tenants today won’t move into a rental unit that doesn’t offer electronic rent payment services. As a rental property manager looking to succeed, I recommend you stay updated on real estate market trends, maybe perform a real estate market analysis, and talk to your own clients and tenants to find out what they expect.

7) A Positive Attitude Goes a Long Way

 

You’ll be bound to face some issues as a rental property manager. But the important thing to remember is that this is a normal part of the job. There’s no such thing as perfect, and if you want to succeed in this business, you need to be prepared for any issues and face them with a positive attitude. If you let one wrong thing bring you down, it’ll really be a damper on the rest of your operations. You also want to reflect this attitude in your interactions with clients and tenants.

8) Update Your Rental Units

Regular maintenance checks will let you know which parts of your rental property are operating properly and which areas might have room for improvement. First off, the most important thing is to make sure all the rental properties you manage are up to the health and safety codes. Avoid falling into complacency by staying up to date on any changes to building trends and regulations for these income properties. You should also be able to spot any problems before they represent serious issues and budget changes. If there are any utilities or appliances which can be updated for higher tenant satisfaction, go for it.

9) Organization Makes Everything Easier

One of the most important property management skills is organizational skills. Having organizational and planning skills will really help you progress in your career. Start applying some more organized methods. Set up a well-defined process for routine tasks and a protocol for expected tenant concerns and complaints. Running operations smoothly is easy this way, and you’ll have an efficient and effective business strategy.

10) Networking with Other Rental Property Managers Helps

There are so many forums and associations you can join. They’ll help you get to know other professionals operating in the real estate market. Networking is a key part of being a successful rental property manager and furthering your career. You won’t just get your name out this way, but you’ll also learn and gain some advice from other property managers. A great place to start is LinkedIn. Form some relationships with other people in the industry and learn new ideas, marketing strategies, business practices, and more.

What is a Retaliatory Eviction

What is a Retaliatory Eviction

  • Posted: Feb 05, 2022
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What is a Retaliatory Eviction

What Is a Retaliatory Eviction?

A retaliatory eviction occurs when a landlord attempts or succeeds at removing a renter, or refuses to renew a lease in response to a complaint or action that is within a tenant’s legal rights.

Retaliatory evictions are generally illegal, as they take place following a tenant’s exercise of one or more legal rights. Evictions are typically governed by state law.

KEY TAKEAWAYS

  • Retaliatory eviction is when a landlord removes or fails to renew a lease agreement in order to get back at a tenant for some activity that falls outside the lease or legal purview.
  • Retaliatory evictions are generally illegal, as they take place even when a tenant is acting within their legal rights.
  • As an example, a retaliatory eviction might occur because a tenant complains about potential health or building code violations or withholds rent as leverage for necessary repairs the landlord refuses to make

 

Understanding Retaliatory Evictions

Landlords can legally evict tenants for failure to pay rent or for some other action that breaches a rental contract or lease agreement. In a retaliatory eviction, landlords take action when tenants act within their rights. Legal tenant actions that can spur a retaliatory eviction include complaining about potential health or building code violations, withholding rent as leverage for necessary repairs the landlord refuses to make, or organizing tenants in resistance to poor rental conditions.

Tenants who experience a retaliatory eviction can run into difficulty proving their case in court, however. In some cases landlords will present the court with an entirely different rationale for the eviction, forcing the tenant to lay out the connection between their activities and the landlord’s decision. Retaliatory evictions that take place within a reasonably short time after the precipitating event are generally easier to prove in court than evictions that take place long after the tenant upset the landlord.

It’s easier for a tenant to prove a retaliatory eviction when it takes place in close proximity to the behavior that upset the landlord.

 

Legal Reasons for Eviction

Landlords and tenants have legal rights under their state and local laws, as well as rights enumerated in their rental or lease agreement. Both groups should be familiar with those rights. Most states allow landlords to evict disruptive tenants when they engage in illegal activities, such as selling drugs out of an apartment, or when they repeatedly disturb neighbors with loud parties, arguments, or fights.

States generally consider illegal other retaliatory activities that are undertaken in an attempt to get tenants to break their lease. Landlords, for example, usually cannot legally harass tenants, cause a deterioration in their living conditions, or raise rents in an attempt to make tenants uncomfortable enough to break the lease themselves. When tenants refuse to obey an eviction notice, courts often must navigate a gray area to figure out whether the landlord’s activities fall under the retaliatory category or whether the eviction lies within the landlord’s legal rights.

Example of a Retaliatory Eviction

Let’s say a tenant who rents an apartment in a highly desirable neighborhood files a complaint about a pest infestation or a persistent mold issue in their rental unit. The landlord may believe it will be easier and cheaper to evict the tenant and put the apartment up for rent, hoping that a new tenant will either live with the issue or solve it on their own. If the tenant can prove the eviction stemmed from their complaint, a court would likely consider the eviction retaliatory. This would place the landlord in legal jeopardy.

 

How to Read a Lease 101

How to Read a Lease 101

  • Posted: Jun 29, 2021
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How to Read a Lease 101

Someday, between the time you move out of your childhood home and when buy your first residence, you’ll probably find yourself staring at a lease. A lease is a contract between someone who owns real estate (the landlord) and another person who occupies that piece of real estate (the tenant), covering the conditions under which the tenant may possess, occupy, and use the property.

Reading a lease can be befuddling, and often the first impulse is to just go ahead and sign the thing, rather than try to wade through and decipher all the legal language. However, it’s important to understand that a lease is a legally enforceable agreement, and you could find yourself in a predicament later on if you fail to abide by the terms–the very ones you agreed to by signing on the dotted line. Before you sign, take the time to read the entire document.

Here’s what to look for in a lease to rent a dwelling, be it an apartment or a house.

KEY TAKEAWAYS

  • A lease is a contract between someone who owns real estate (the landlord) and another person who occupies that piece of real estate (the tenant).
  • A lease details the conditions under which the tenant may possess, occupy, and use the property.
  • Details about any deposits—such as an upfront security deposit or fees for parking or pets—should also be clearly stated in your lease, along with conditions for getting your money back.
  • In some rental arrangements, the landlord is responsible for taking care of all repairs and maintenance—whether it’s a leaky faucet or a broken air conditioner.
  • There are also agreements where the tenant is responsible for all the costs of repairs and maintenance.
  • If you have a pet, read the lease to find out if animals are allowed, and if so, whether there are any size or breed-specific restrictions.

 

Include Property Details

The lease should include basic facts and data about the property, including the physical address and the landlord’s name and contact information. It should also state the date the lease was signed; the beginning and end dates of the rental period; and options for lease renewal, including policies for rent increases. If any appliances are in the unit (such as a range, refrigerator, or washing machine), or if the unit is furnished, that should be included, too.

Define Deposit, Rent, and Fee Amounts

People tend to pay close attention to how much rent will cost each month, but there may be other costs that should be noted as well, including various deposits and fees. Details about any deposits—such as an upfront security deposit or fees for parking or pets—should also be clearly stated, along with conditions for getting your money back.

The lease should state particulars about the rent:

  • Monthly amount due
  • When it is due
  • Methods of acceptable payment
  • Any allowable grace period for late payment
  • Amount of any late fees

Utility Inclusion

The lease should indicate policies regarding utility service and billing. Be sure to find out which, if any, utilities are included as part of your monthly rent, and whether you are expected to cover any of the costs.

Some landlords, for example, pay for electric, water, and sewer services, while the tenant pays for cable and Internet.

Repairs and Maintenance

This is something to pay close attention to since it can end up costing a lot of money, time, and headaches. In some rental arrangements, the landlord is responsible for taking care of all repairs and maintenance—whether it’s a leaky faucet or a broken air conditioner.

In other situations, the landlord might repair or replace only major appliances but leave the tenant responsible for everything else. And then there are agreements where the tenant is responsible for all the costs of repairs and maintenance. There may also be stipulations about the maintenance of the yard or outside areas.

As you can see, it’s imperative that you read the lease to determine your landlord’s responsibilities—as well as yours—when it comes to repairs and maintenance issues. Make sure you’re clear on who pays for what, who arranges service calls, and the amount of time you and your landlord have to address any issues.

Pet Policy

If you have a pet, read the lease to find out if animals are allowed, and if so, whether there are any size or breed-specific restrictions (some rental properties allow most dogs, but not pit bulls, for example).

You might be required to pay a “pet deposit” that may or may not be returned once you move out (assuming no pet damage). Sometimes the “pet fee” is nonrefundable because it is used for treating the space for fleas and deodorizing and shampooing the unit’s flooring and upholstery after you move out.

In some cases, you might also pay “pet rent,” a monthly or yearly fee tacked on to your rent to cover normal wear and tear from pets.

If the lease contains a no-pets clause and you violate it by bringing a furry friend into your unit, the landlord generally has the legal right to evict you. A no-pets clause cannot be added to a lease once it’s signed, however, so your landlord can’t change the pet policy in the middle of your lease.

House Rules

The lease should describe the acceptable use of the property (e.g., “The premises shall be used exclusively as a private residential dwelling for the tenant and his immediate family only”), plus any policies for things like:

  • Maximum occupancy
  • Quiet hours
  • Overnight guests
  • Parking and storage
  • Smoking
  • Landlord right of entry
  • Granting access to maintenance workers
  • Property alterations
  • Long absences (on your part)
  • Insurance requirements
  • Eviction

Early Termination

The lease should explain what you need to do before moving out. How much advance notice is required? What type of cleaning are you responsible for? The lease should also state your options if you have to move out before the lease expires.

Can you sublet the property, for example? If so, are you required to find the sublet tenant, or is that the landlord’s responsibility? What are the penalties for breaking the lease if you can’t find someone to sublet?

The Bottom Line

To make sure you understand what you’re getting into, take the time to read your lease. If there’s something you don’t understand, ask the landlord for clarification, or consult a local specialist in real estate law. Bear in mind that while many of these policies are at the landlord’s discretion, others (such as the landlord’s right of entry and eviction) may be regulated by state or city ordinances.

Once you and your landlord have signed the lease, it’s a very good idea to save a copy. This document can become important if any disagreements arise regarding the property or anything related to your tenancy.

Also, plan on doing a thorough property examination before signing the lease. Check the general condition of the property and make sure items such as appliances, faucets, plumbing, windows, and window fixtures are in good working order. Note and document any existing damage in the lease or in a provided damage assessment form, and keep a copy of this with your contract—just in case.

 

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It’s important that everyone involved in the lease understands their legal rights.

It’s important that everyone involved in the lease understands their legal rights.

  • Posted: Jun 29, 2021
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One in three American households (nearly 36%) lives in rentals, according to a 2020 report by the Joint Center for Housing Studies of Harvard University.1 Renting has also become much more common among the age groups and family types that were traditionally more likely to own their housing, the report found—in fact, rentership rates for all age groups under 65 are at historic highs.

Since you’re dealing with something as vital and intimate as a person’s home—even if it’s only temporary—it’s important that everyone involved in the lease understands their legal rights.

Landlord-tenant laws generally fall under the jurisdiction of individual states. But since many state laws are very similar in scope, tenants and landlords throughout the U.S. should expect that, no matter where they’re located, these are four things property owners should never do when they’re renting out a unit.

KEY TAKEAWAYS

  • Although landlord-tenant laws vary by state, there is generally some uniformity in certain areas.
  • Landlords cannot enter tenanted properties without giving proper notice.
  • Landlords cannot arbitrarily end someone’s tenancy before the lease expires.
  • Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
  • The Fair Housing Act prohibits a landlord from discrimination in renting, representing properties, or providing services to tenants.

 

1. Enter Without Proper Notice

Even though the premises technically belongs to them, landlords can’t enter a rented home whenever they feel like it. According to many state statutes, they must provide at least 24-hour notice if they wish to enter an occupied property. The notice must outline the reason for access and must be given in writing unless indicated otherwise by the tenant. (In some states, you must receive the tenant’s specific approval to provide notices electronically—that is, through email or text message.)

When a landlord gives proper notice, whether it is in order to make repairs, conduct a routine inspection, show the property to prospective future tenants, or to carry out any other reasonable request their tenant may have to invite them to the unit.

The only hours that landlords are able to enter a renter’s unit in many jurisdictions: in other words, regular business hours on weekdays, from Monday to Friday.

A tenant cannot deny a landlord’s access to the property when proper notice is given and the request is reasonable. The occupant may, however, request to change the date or put in a clause in the lease to limit the number of times the landlord can enter the unit.

Exceptions and violations

Even states that mandate advance-notice rules allow exceptions. There are two that usually apply: A landlord may enter the premises in an emergency situation, such as a fire or leak, or if they believe the tenant has abandoned the property.

A tenant who feels that their landlord violated the rules by entering their premises in a non-emergency without giving notice does have a few options. The first is to let the landlord know of the problem. If that doesn’t work, the tenant may be able to bring it to the attention of the local or state housing authority or file a trespassing claim with local police or the court system.

 

2. Unlawfully Evict Tenants

A landlord may evict a tenant for many reasons, but they must go through the proper legal channels and give the tenant due notice. The amount of days necessary for due notice varies by state and can range from nearly immediate to 30 days or more.

A landlord who does not follow the correct protocol generally faces an uphill legal battle if they end the rental agreement or a tenant’s occupancy before the lease expires. Landlords who abruptly lock a tenant out of the property without warning may fall within the definition of retaliatory eviction. Not only that, but they may also be slapped with trespassing or burglary charges. Similarly, turning off utilities could be seen as intentionally putting a tenant in danger, especially if the local climate is prone to extreme heat or cold.

If a landlord violates housing laws, a tenant may be entitled to remedies including monetary damages.

3. Unjustifiably Raise the Rent

A lease is a legally binding contract. Once signed, there are very few circumstances under which the landlord can raise the rent. The only way the terms can be changed is if the increase meets a certain set of conditions in the lease itself. These may include:

  • A new tenant joining the household
  • The addition of a pet
  • If the landlord significantly remodels part of the property

Landlords may also increase rent if the property is located in a city with rent-control or rent-stabilized ordinances that permit such changes. These ordinances define the circumstances under which the rent of qualifying properties—usually older ones—can be changed, and by how much. Increases might be tied to the rate of inflation, for example.

4. Discriminate Against Tenants

Unlike the other regulations, which stem from the states, the rules forbidding discrimination come from the federal government. The Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968, forbids anyone—including landlords—from refusing to rent to an applicant based on:

  • Race
  • Color
  • National origin
  • Sexual orientation
  • Familial status
  • Disability
  • Gender

For example, you cannot advertise your rental property as being for Asians only or no children allowed—yes, even families with children are protected under the FHA. Similarly, you cannot provide different terms or agreements for members of different protected classes than you do for other tenants.

The U.S. Department of Housing and Urban Development (HUD) ‘s Office of Fair Housing and Equal Opportunity (FHEO) acts as the chief enforcer of the FHA. On Feb. 11, 2021, HUD announced that it “will administer and enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity.”

The Bottom Line

Property owners have to put in a lot of time, money, and effort if they want to become a landlord. And part of that effort means understanding what the law does and doesn’t allow them to do. Although a landlord may own a rental property, tenants have unique protections from discrimination, harassment, arbitrary rent increases, and wrongful eviction.

Aside from those dealing with discrimination, landlord-tenant laws vary by state, but as long as landlords maintain the home and leave tenants in peace—and tenants respect the property and pay their rent on time—chances are that neither will have to consult local statutes or complain to local authorities.

 

St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

  • Posted: Jul 22, 2020
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The St. Paul City Council unanimously passed five new renter protections Wednesday, including capping security deposits, limiting background checks and prohibiting landlords from terminating leases without just cause, a first in the state.

Council Member Mitra Jalali connected the renter protections to the national reckoning taking place around racial inequality following the police killing of George Floyd in Minneapolis just over a month ago.

“Just as our Black neighbors experience violence in policing, they also experience the violence of displacement, of eviction, of housing discrimination,” said Council Member Mitra Jalali. “This housing agenda will insure stability for all St. Paul renters, especially the thousands of Black, brown, Asian, Latino, Indigenous and other working families of color.”

Just over half of St. Paul residents are renters, and many are struggling amid an affordable housing shortage — more than 500,000 Minnesota families pay more than one-third of their income in rent.

While much of the conversation around affordable housing centers on building more of it, housing advocates say renter protections are critical to ensuring housing stability and the benefits it confers.

Rent in St. Paul has increased more than 15% adjusted for inflation since 2000 while wages have stayed the same, according to a study by the Minnesota Housing Partnership. People of color are much more likely to be renters: 83% of Black households in St. Paul rent in compared to 41% of white households, according to the resolution.

Landlords big and small objected to the new laws  — called Stable, Accessible, Fair and Equitable (S.A.F.E.) Housing St. Paul — saying they would drive up their costs, which in turn would lead to higher rents.

St. Paul-based Real Estate Equities, which owns apartment buildings across the Midwest, sent a letter to the council voicing their concern over the just cause ordinance, saying it would “enable and protect individuals who engage in disruptive behaviors” and “fundamentally impair property managers from creating and maintaining a safe, peaceful, and well-maintained housing environment.”

The law does not prevent landlords from evicting tenants who break the terms of their leases.

The law, which takes effect on March 21, 2021, will deliver five protections: cap security deposits at one month’s rent; limit tenant screening criteria; forbid landlords from terminating leases without just cause; require landlords of affordable housing to give advance notice of sale; and require landlords to distribute a packet outlining tenants’ rights and responsibilities.

The laws largely block landlords from rejecting renters based on past criminal convictions, prior evictions or poor credit reports.

Landlords may reject renters who are registered sex offenders or who have been convicted of manufacturing or distributing drugs. Landlords may also reject tenants who have been convicted of misdemeanors within the past three years or felonies within the past 10 years, unless they are related to certain traffic offenses like driving without a license.

Renters may not be rejected because they have poor credit scores, although landlords may reject them if their credit reports show they failed to pay rent or utilities.

Landlords may not consider renters’ evictions older than three years and may not reject renters for not passing a certain income threshold, if they can show they successfully paid similar rent in the past.

The provision requiring just cause for eviction was one of the most contentious. Housing advocates say landlords retaliate against renters for things like asking for repairs or having parties by simply choosing not to renew their leases when they expire.

Under the new ordinance, landlords must renew a renter’s lease unless the renter hasn’t paid rent, is frequently late paying rent or broke significant terms of the lease. Landlords may also not renew a lease if they plan to renovate the unit or rent it out to a family member.

No other city currently has such a provision, including Minneapolis, which passed a suite of similar tenant protections that took effect in June.

The council also approved a measure mandating landlords of affordable housing — with rents affordable for people making 80% of the area-median income — notify the city and their renters of their intent to sell the property 90 days in advance. The law also stops new owners from raising the rent for 90 days after a property changes hands and requires landlords to pay for renters to relocate if they choose not to renew their leases during that time period.

We at NationalEvictions are for the Landlords!  Its not a Black White thing! Its about Tenants signing an agreement with many of us to Pay Rent each month……AND THEY ARE NOT!

Yet many of them got their covid checks and they refused to give all or part toward the rents they owe!

Many Landlords are owed 2 to 4 months of back rents and you are telling us…..WE CAN NOT EVICT THEM?  NOW EVEN IN THE FUTURE WE CAN NOT DENY THEM BECAUSE OF THERE NOT PAYING AND SOME NOW HAVE EVICTIONS ON THEIR RECORDS?

ST.PAUL AND MANY OTHER AREAS A WAR HAS BEGUN AND ITS ABOUT OUR RIGHTS! FOR MANY OF THE MOM AND POP LANDLORDS IN OUR COUNTRY………RENTS WILL NOT MATTER, THEY WONT TAKE ANY TENANTS THAT DONT OR CANT MAKE PAYMENTS TO THEM. MONTH TO MONTH LEASES NO LONG TERM OR YEARLY LEASES.

How should Landlords as rental housing providers respond to and handle the situation of Rent relating to COVID-19

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