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

California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

  • Posted: Sep 06, 2019
  • By:
  • Comments: Comments Off on California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

There is a new Unlawful Detainer Summons that went into effect on September 1, 2019.

 

The summons reflects the change in the law advising the defendant that they have 5 DAYS, not counting Saturdays and Sundays and other judicial holidays after the, summons and legal papers are served…” to file a response to the lawsuit.

You can find the new form here:

https://www.courts.ca.gov/documents/sum130.pdf

Process server’s who have an active unlawful detainer clients, Please inform your Clients of the New Summons.
 The form wasn’t posted by the Judicial Council until today.
San Francisco Superior Court will not issue the old summons for unlawful detainer cases, which will probably start occurring around the state.
NationalEvictions.com
Tags: , , , ,
What Is A Rental Property Business?

What Is A Rental Property Business?

  • Posted: Jul 31, 2019
  • By:
  • Comments: Comments Off on What Is A Rental Property Business?

How To Start A Rental Property Business

As Antoine de Saint-Exupery once said, “A goal without a plan is just a wish.” Consequently, the best plans have developed a reputation for helping people in every industry realize their own goals, no matter how lofty they may be. There literally isn’t a single professional who couldn’t benefit more from a well-crafted strategy, and real estate investors are no exception. Buy-and-hold investors, in particular, stand to better their long-term outlook when they take a moment to establish a sound rental property business plan.

A proven rental property business plan can help lay out the systems and benchmarks investors need to realize success at a higher level. That said, only one question remains: what does a rental property business plan look like?

If you are interested in starting a rental property business, there are several valuable lessons to take away from experience. Meanwhile, here’s a guide for developing a bullet-proof rental property business plan; it may be just what you have been waiting for.

 

What Is A Rental Property Business?

A rental property business is a venture through which an investor will purchase and manage one or more income-producing properties. These properties can have one or more units that are leased out to tenants in exchange for monthly rental fees. Investors can have an effective rental plan without having to directly manage these properties; property management companies can be hired to carry out the duties often associated with landlords, such as rent collection and maintenance.

 

Is My Rental Property A Business?

Renting a house may be considered a business endeavor, depending on who you ask. This may seem like a controversial question, and there are at least two answers to take into consideration. From a financial standpoint, renting a residential property may result in passive income. It is important to note that investors do not have to pay self-employment taxes when reporting their rental properties. Therefore, many would argue that owning a rental property is not considered a “business,” specifically in the lens of tax filing. From a career standpoint, however, many individuals make a living on passive income derived from their rental property companies; in this lens, renting a house can be considered a business. When all is said and done, it’s entirely possible to manage a rental property portfolio as a business, but those with a single rental property may not necessarily need to start a company to collect passive income. It’s only once the portfolio starts to grow that turning the practice of renting into a business becomes more important.

 

A Rental Property Business Takes Time!

Learning how to start a rental property business isn’t all that different from just about every other entrepreneurial endeavor. Investors simply need to identify several key elements prior to getting started; that way, they can start their business on a solid foundation. Here are some of the most important steps to consider when drafting a rental property business plan and becoming a real estate entrepreneur:

  1. Join a local REI club and start networking
  2. Pick a niche and choose your rental property market
  3. Figure out the proper financing and secure it
  4. Conduct the appropriate research and hire a manager
  5. Implement systems to improve efficiency
  6. Manage the properties and scale the business at a sustainable pace

Join A Real Estate Investor Club

Joining a local real estate investing club or association provides networking opportunities, not the least of which may actually help rental property investors find a partner—or perhaps anyone else who may help them further their rental property business plan. There’s absolutely no reason to think new investors, and specifically aspiring rental property owners, can’t find a helpful hand at a real estate investor club. These types of meet-ups are specifically designed to help their attendees, and there’s always someone willing to lend a hand. At the very least, investors will gain insight into local professionals who are most likely already doing the one thing they want to do.

Pick A Niche & Choose A Market

Determining where to invest can often be more important to investors than how much capital, or experience they bring to the table. After all, the golden rule of real estate still persists: location, location, location. There is perhaps no factor that is more influential to the success of a rental property investor than the location in which they choose to invest. The location will determine everything from demand and price, not to mention the property’s long-term potential. Therefore, a truly great rental property business plan will want to make sure it answers these questions, and many more just like them:

  • How distant a market am I willing to invest in?
  • Do I have a team in place to handle the day-to-day, or will I have to commute back-and-forth?
  • How much will commuting and market research cost me?
  • How stable and diverse is the economy in a market? Are there various business sectors that can help keep jobs and businesses? Is there one main employer?
  • What’s the average market price for property acquisition?
  • What’s the average rental price?

There’s no rule that says investors need to live in the markets they invest in, but there is no excuse for neglecting to mind due diligence and research the local hosing market. To invest successfully, investors need to know every detail about a specific area, not to mention the specific niche they intend to serve. If for nothing else, investors need to know their renters just as much as the area they are investing in. Picking a niche, not unlike focusing on college housing or single-family homes, is the easiest way to target a specific audience. Therefore, it’s at this time rental property investors should decide who they are going to serve; only then will they be able to tailor their rental property business plan to see the needs of their audience.

 

 

Figure Out Financing

Securing financing is probably the biggest hurdle rental property investors face. However, financing a real estate deal isn’t nearly as hard as many new investors make it out to be. As it turns out, there are countless lenders just waiting for an opportunity to give a savvy investor the money they need to invest in real estate. Outside of traditional sources, like institutionalized banks, today’s real estate investors have access to more funding sources than ever before. Private money lenders and hard money lenders, in particular, have become synonymous with the best ways to secure funding, and are as willing to work with investors as investors are eager to work with lenders.

These “alternative” sources tend to coincide with higher interest payments (often three to four times higher than traditional banks), but the added cost is well worth it. In exchange for their higher rates, investors not only receive the money they need to complete a deal, but they also receive it a lot faster than they would if they went through a bank. Whereas banks can take upwards fo a few months to distribute funds, alternative lenders can have the money in investors’ hands in as little as a few days—if not hours.

It is also important to note that securing financing should be done prior to even looking for a home. That way, the investor will know exactly how much home they can afford, and which investments are worth pursuing further.

Conduct Research & Hire A Property Manager

Becoming a landlord means investors will be responsible for maintaining the appearance and function of the rental property. Whether or not the investor is a handyman, however, is a moot point, as it’s highly recommended that they hire a property manager. While it helps to know everything about a subject property, enlisting the services of a third-party property manager is an essential step in a rental property business plan. Through their help, investors may expand their portfolio without adding on countless hours of work. If for nothing else, a property manager will take care of everything. From finding tenants to collecting rent, property managers will see to it that everything is covered. Meanwhile, the investor is free to add more assets to their portfolio and increase their passive income cash flow.

Systemize

There are many rental plan options for landlords, such as specializing in low-income neighborhoods or university towns. Alternatively, they can choose to specialize in higher-income, urban neighborhoods. Different strategies require different skills sets, so landlords may find better success if they pick a niche in which they specialize. However, regardless of the niche, landlords will need to set up a system for running applications, credit and background checks. Adding proven systems to a rental property business plan is the surest way to make success habitual. Therefore, investors will need to create a system for every single process associated with rental property investing. That way, there will always be an appropriate course of action, regardless of the situation. Property managers, for that matter, make it a lot easier to implement systems.

Manage The Properties

Managing a rental property is about far more than just hiring a property manager; it’s about figuring out exactly what systems will be put in place to keep the properties in good shape and the cash flowing in. This means answering queries like:

  • Are you going to be a landlord? (Or will you hire a property manager?)
  • Who will find and select tenants?
  • Will you perform repairs to maintain property? (Or hire a contractor?)
  • Who will perform yard maintenance and other duties?

Your answers will depend on your budget, and available time. The key is to use your rental property business plan to map out all management systems beforehand and ensure there are no last-minute surprises.

 

 

How To Write A Rental Property Business Plan

Starting a rental property business is one thing, but learning how to write a rental property business plan is something entirely different. While the two sound similar, the latter is a critical step that makes the former even stronger. At the very least, knowing how to start a rental property business must come before actually starting one. As a result, investors will need to familiarize themselves with the most important steps first:

  1. Determine a vision and write a mission statement
  2. Set passive income and business goals
  3. Build a team structure that is conducive to success
  4. Gain a high-level overview perspective of the company as a whole
  5. Develop marketing systems and funnels tailored to a specific audience

 

Vision & Mission

A truly great rental property business plan must emphasize one thing above everything else: the investor’s vision or mission. What an investor hopes to achieve by investing in real estate may simultaneously serve as motivation and a guide when times are less than ideal. Therefore, investors must take a minute to think about why they are investing. Is it to retire comfortably? Is it to spend more time with family and friends? Is it both of these things? Knowing their “why” will help investors build out a sound business strategy; one that gets them closer to their goals with each and every investment. Consequently, those without a mission won’t have any idea what direction to head, which doesn’t bode well for any rental property business.

 

Passive Income Goals

While closely related to one’s own vision or mission, passive income goals identify how much cash flow will be necessary to satiate investors’ appetites. That said, passive income goals should help investors meet their own mission statement. Likewise, if an investor wants to retire comfortably, they will need to set their passive income goals high enough to facilitate their desired retirement. While everyone’s passive income goals will be different, a general rule of thumb is to account for how much cash flow will be necessary to maintain their preferred lifestyle.

Remember, goals should be realistic and directly related to the reason someone wants to invest. Seeing overly ambitious goals can deter many investors from progressing, so it’s important that the goals are achievable. The sense of accomplishment developed from realizing a goals is, oftentimes, a powerful motivator.

Determining passive income goals will also help answer the most important question of them all: what type of rental property will I focus on? Residential? Commercial? Multi-family? Start from the end, and work backwards for better results; it’s the best, and most efficient, way to build a business.

Structure

Starting a rental property business may lead many investors to hiring a team. After all, it’s true what they say: many hands make light work. The more qualified individuals investors have working towards a common goal, the more likely they are to realize success. Not only that, but hiring a competent real estate team is simply one more step towards investors removing themselves from the equation and earning more passive income. That said, it’s not enough to hire just anyone; the employees need to bring something new to the table. Investors need to hire a team that compliments their skills—not that replicates them. That way, the team structure is more well-rounded and capable of accomplishing more tasks.

 

High-Level Overview

Investors need to look beyond the prospects of a single investment property, and towards the potential of an entire portfolio. While a single home can produce encouraging cash flow levels, an entire portfolio can help investors realize financial freedom. Therefore, it’s important not to forget the “bigger picture.” Sure, start with a single home, but plans should inherently be scalable. When writing a rental property business plan, see to it that everything can be expanded to include future growth.

 

Marketing

Buying a rental property is just the first step on a passive income investing journey. At some point, investors need to figure out how to find tenants to bring in cash flow. More often than not, investors will rely on their property manager to fill vacancies. However, in the event an investor neglects to hire a property manager, there are various ways to find tenants, not the least of which include:

  • Rental websites
  • Social media
  • Print media/newspaper
  • Local bulletin boards
  • Local Realtors
  • Word-of-mouth marketing
  • Direct mail campaigns
  • Previous renters

 

Is A Rental Property Business A Good Investment?

Investors will know if a rental property is a good investment if their net cash flow remains consistently positive. Seasoned real estate investors know that, in order to have a solid rental plan and business, they must first mind their due diligence and ensure that a rental property is indeed a good investment. There are several measurements available to help investors get an idea of the profit-making potential for a property.

 

 

Tags: , ,
The Portland City Council adopted a slate of new polices allows tenants to pay security deposits in installments

The Portland City Council adopted a slate of new polices allows tenants to pay security deposits in installments

  • Posted: Jun 22, 2019
  • By:
  • Comments: Comments Off on The Portland City Council adopted a slate of new polices allows tenants to pay security deposits in installments

The Portland City Council on Wednesday adopted a slate of new polices intended to make landlords more forgiving of criminal records and poor credit when screening prospective tenants.
The ordinance also allows tenants to pay security deposits in installments over three months.

The Portland City Council on Wednesday adopted a slate of new polices intended to make landlords more forgiving of criminal records and poor credit when screening prospective tenants.

The council voted 3-1 to approve what its champion, Commissioner Chloe Eudaly, called the most comprehensive reform of its kind in the country. Commissioner Amanda Fritz cast a “no” vote; Commissioner Jo Ann Hardesty was absent, though she expressed support Wednesday on her Facebook page.

 

 

 

A companion measure that requires landlords to more throughly account for security deposit funds withheld for repairs passed along the same line. That ordinance also allows tenants to pay security deposits in installments over three months.

The policy, which will take effect in March, is intended to increase access to housing for people who have been locked out of the conventional market because of years-old convictions or financial defaults. It’s doubly needed in a city where affordable rentals are in short supply, Eudaly said.

Long-standing federal fair housing laws that bar discrimination against protected classes such as race, sex and familial status don’t go far enough, Eudaly said. Red flags used by the rental housing industry to weed out problem tenants aren’t an accurate predictor of whether the renters would miss payments or violate their lease, she said.

“Research and data have laid a solid foundation for the decisions we made,” she said.

Fritz, the lone dissenter on the council, said she agreed with the goals of ending the disparate treatment of non-white renters revealed in years of fair housing audits conducted by the city.

But she went on to raise concerns about the lack of exemptions for violent crimes. And she said the policy as written would push landlords to sell their properties and developers to build outside of the city, ultimately pushing rents higher.

 

 

 

“Many people can no longer afford to rent in Portland,” she said before casting her vote. “This policy not only doesn’t solve for this problem, it may exacerbate it.”

The ordinance sets “low-barrier” screening criteria for landlords to use when they evaluate a renter’s application. It would limit checks to felony convictions within the past seven years and misdemeanors within the last three years. Renters wouldn’t be rejected for credit scores below 500, a court eviction order older than three years or insufficient credit history.

Landlords also can use their own criteria, but they must then provide written justification for denying a rental application.

Landlords have said few would choose the low-barrier screening criteria because it could put their property or other tenants at risk. But the alternative — providing written justification — will add to their administrative costs and push some landlords out of the business, they said.

In all cases, the policy would require landlords to advertise vacancies 72 hours before they begin accepting applications and to evaluate applications in the order they’re received.

And they can’t require tenants to earn more than two-and-a-half times the monthly rent in income. Many landlords today require renters to make three times the monthly rent.

 

The official rules for the policy will be drafted by the Portland Housing Bureau, which will also provide an annual report on whether the rules are working as expected. Council members who supported the policy said the city would put on a robust effort to inform landlords and tenants alike of the new rules before they take effect.

The new rules add to a litany of renter protections and housing regulations put in place by the city and the state government in recent years.

Portland in 2016 mandated that developers of new apartments include rent-restricted units. In 2017 it began to require landlords to pay thousands of dollars to renters who move because of big rent increases or evictions without cause, a policy that remains the subject of a legal challenge.

This year, the state capped rent increases at 7 percent plus the rate of inflation and it banned landlords from evicting tenants without stated cause. In the cases where tenants can be evicted without violating their lease — to remodel or sell the home, for example — the landlord would have to pay the tenant one month’s rent to offset the cost of moving.

 

Tags: , , ,
Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

  • Posted: Jun 22, 2019
  • By:
  • Comments: Comments Off on Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

With a flurry of signatures Friday, Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system.

Here’s what you need to know:

From July 1, Florida Supreme Court justices with permanent homes outside Leon County will be able to request a district court of appeal courthouse, county courthouse or other facility as their official headquarters, under House Bill 5011. They’ll also be eligible for an allowance and travel reimbursement for each day or half day they’re at the Supreme Court building, at a rate decided by the chief justice.

 

The bill adds that a county doesn’t have to provide space in courthouses for a justice, but it can enter into an agreement with the Supreme Court over the use of its space — which can’t be leased using state funds.

After Oct. 1, 2019, SB 910 will open certain military veterans and court programs up to veterans who’ve been discharged for any reason, along with current and former U.S. Department of Defense contractors and military members of a foreign allied country.




 

Anyone who seeks medical attention for a minor after giving them alcohol or drugs will not be arrested, charged, prosecuted or penalized as long as they stay at the scene and cooperate with police and medical staff, according to CS/HB/595, which goes into effect Jul. 1.

Legal requirements for Florida businesses will shift in January 2020, under CS/HB 1009, which tacks on extra rules to ensure companies adhere to the Florida Business Corporation Act and Revised Limited Liability Company Act.

Thanks to CS/HB 49, state correctional facilities will give female prisoners health care products after July 1. These include feminine hygiene products, moisturizers, toothpaste, toothbrushes and others under the Dignity for Women Act. The new law also mandates that, unless there’s an emergency, male correctional staff can’t do pat-down or body cavity searches on female prisoners and can’t enter places where women are likely to be undressed, like bathrooms and showers. If they do, it will need to be documented.

 

Security background investigations will become mandatory for foreign-language court interpreters and mediators after July 1, according to CS/HB 7081, which means they’ll have to pay to have their fingerprints taken and sent to the Florida Department of Law Enforcement.

The law also authorizes digital fingerprints and other electronic records of criminal judgments, and creates an exception to the rule that all communications between parties going through parenting coordination — a non-adversarial dispute resolution process in child custody cases — remain confidential. Any testimony or evidence that can be used to report, prove or disprove professional malpractice or misconduct will no longer stay confidential, and anyone appointed or employed by the Supreme Court to work on disciplinary proceedings against parenting coordinators won’t be liable for civil damages unless they act maliciously or in bad faith. Instead, the court will establish minimum standards and procedures to train parenting coordinators.

 

 

Notarized documents will go online with the passage of CS/HB 409, which also outlines new rules for password protection and tamper-evident technologies that the Department of State must adhere to by Jan. 1, 2020.

Effective immediately, CS/HB 1656 dictates that reenactments or changes to criminal statutes will operate ”prospectively” — meaning they won’t apply to final judgments based on crimes and penalties from before the statute was enacted, except in particular circumstances.

Effective immediately, CS/HB 91 lessens the burden of serving defendants with a complaint, taking away the need for a process server agent to indicate all the initial pleadings a person is being served with. It also removes the need for them to complete an affidavit listing the time, manner and place of service.

 

The law also clarifies procedure for filing a motion to intervene in a foreclosure case. Whereas interventions had to be done within 30 days, legislators tightened the language to stress that only a motion to intervene needs to be filed in that time, not a court order as well.

 

Tags: , , ,
Leasing, Disputes and Evictions

Leasing, Disputes and Evictions

  • Posted: Jun 13, 2019
  • By:
  • Comments: Comments Off on Leasing, Disputes and Evictions

Leasing, Disputes and Evictions

“Primary challenges faced by clients involve preparing, reviewing and revising the lease and legal relationships in the Landlord Tenant area of Law.”

https://NationalEvictions.com

Search our National Directories

Find Local Companies that are ready to help with Legal, Filing, Document Service and Tenant Screening.

Search the directories by State and County.

 

Disputes between landlords and tenants often arise over issues such as the length of the lease, the amount of rent to be paid, maintenance, repair and replacement obligations, size of the space to be provided, and what services are to be delivered. Challenges can also surface as a result of corollary issues such as renewal and purchase options, rights of first refusal and accommodations required by lenders. NationalEvictions has the top attorneys with extensive experience in representing both landlords and tenants of Residential, Commercial and Industrial properties.

We understand that every situation is different—that some cases require more representation than others. We are prepared to assist property owners, property managers and landlords through the lease preparation process by carefully explaining the terms of each lease, as well as issues they may not anticipate, such as landlord or tenant bankruptcy and many other legal issues.

 

 

Weather you are a Landlord or Tenant, on NationalEvictions.com you can find information for Evictions in your State.

Including Laws, The Eviction Process, Filing an Eviction, Defending an Eviction and Official Court Forms for the State the property is located in.

 

If you are considering seeking advice from counsel, here is what we suggest you keep in mind:

  • Consult with legal counsel during the lease preparation process.
  • Seek legal counsel with the necessary expertise representing both landlords and tenants in real estate development.
  • Anticipate all of the potential issues that can surface outside the scope of your original plans or expectations.

 

GET YOUR BUSINESS LISTED Today!

Law Firms, Process Servers, Court Services, Filing companies, document Preperation, Notaries Sign up and get listed on our Directory. 

 



 

Tags: , ,