News from our Partners: USLegal – Our Partner offering Forms on NationalEvictions

Posted: Oct 30, 2018
By: NatEvict
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USLegal Newsletter October 2018

We are so pleased to have partnered with USLegal This gives all of our members, Landlords, Property Owners the ability to download Forms they need. We offer Eviction Forms for every State, Landlord Forms for their Business including Lease Forms, Letters to Tenants, Sales Forms and Many more….

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Tags: Eviction Information, Landlord Information

Landlords sometimes get a bad rap

Posted: Oct 24, 2018
By: NatEvict
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Landlords sometimes get a bad rap. In the minds of disgruntled tenants, the landlord is the guy who collects money every month, takes two weeks to fix a leaky faucet and hasn’t painted the front of the building since the Ford administration. But the truth is that being a landlord can be hard and often thankless work. Perhaps that’s why so many landlords now call themselves “residential rental owners” to avoid the stigma associated with the ancient profession.

At one time in history, landlords literally were lords. In the manorial and feudal systems of medieval Europe, all land was owned by a lord who allowed peasants to live on his property in return for labor. In exchange for working the land, peasants received protection against roving bands of marauders and invading armies. Peasant labor was only a small step away from slave labor. Technically, peasants had their freedom, but many lords used all manner of financial and physical intimidation to keep peasants under their power.

oday, landlords are property owners who rent homes, apartments and condominiums as a business. The professional relationship between a modern landlord and his tenants is dictated by strict state and federal laws meant to protect the rights of both the renter and the property owner. Landlords sometimes hire property managers to screen tenants, handle repairs and oversee the day-to-day operation of a rental property.

Reasonable landlords and their representatives treat tenants with respect, charge a fair price, keep their properties up to code and quickly complete repairs. Keep reading to learn how landlords find and screen potential tenants, what’s included in a lease or rental agreement, landlord rights and responsibilities, and what’s involved in an eviction.

Finding the right information for Evictions in your State – on NationalEvictions.com

The Process for an Eviction has different steps; Choose a State and find the Eviction Process in that State

One way landlords find tenants is by placing an ad for a rental unit in the local newspaper or on websites designed to help Landlords, You also want to get involved with NationalEvictions.com and learn your rights and find Services to Aid Landlords with Evictions. The ad should include a complete description of the property that details its size, monthly rent, how many bedrooms and bathrooms there are, and which appliances and utilities are included. If the landlord is considering yearlong rather than month-to-month leases, he should make that clear as well.

By listing all of these details in the ad, neither the landlord nor the potential tenant wastes time discussing or walking through a dwelling that’s wrong for the client’s needs. It’s also recommended that the landlord talk to all potential tenants over the phone before meeting at the rental property. This is another way to double-check that the unit is right for the tenant.

At an appointment to show the apartment, the landlord should come prepared with a rental application. The purpose of the rental application is to have written proof that the tenant has the income and financial stability to pay the rent on time and that he has a solid rental history with no evictions, legal problems with landlords or history of missed payments. Here’s some standard information that should be collected on a rental application:

Personal information: Name, address, phone numbers and an e-mail address for all applicants and co-applicants, including how many children and pets will be living in the unit.
Credit check authorization: The applicant’s written permission to check his credit history. To run the credit check in the United States, the landlord will need the applicant’s Social Security number and a copy of his driver’s license.
Income: Recent pay stubs and bank statements to verify the applicant’s monthly income and bank account holdings. A good rule of thumb is that the monthly rent should equal no more than one-third of a tenant’s monthly income.
Employment history: A list of recent employers, including how long the applicant stayed at each job.
Rental history: A list of addresses and landlord contact information for the past two or three years. A prospective landlord will want to know if the applicant has ever been evicted, had his home foreclosed or missed more than three rental payments in a year.
Code of conduct and rent agreement: The applicant should sign a code of conduct — what behavior is and isn’t acceptable on the property. The agreement should also include the rent amount.

Meeting with tenants and collecting applications is all part of the tenant screening process. It’s extremely important that the landlord understand any applicable fair housing laws to avoid any claims of discrimination during the screening process

The basic rule of tenant screening is to establish a clear set of criteria against which all applicants will be judged. For example, each applicant must have a minimum amount of monthly income, a minimum credit score and no prior evictions. It’s a good idea to put that set of criteria in writing and have a lawyer take a look at it. All decisions should be based on sound business logic, like using the same standards to evaluate each prospective tenant, not personal impressions. To avoid discrimination, a landlord shouldn’t make exceptions for one applicant if he wouldn’t make those same exceptions for all of them.

Once the landlord has found the right applicant, it’s time to sign the lease. If the Tenants does not pay make sure you have the Notice to Quit Forms.

Rental agreements and leases are binding legal contracts that establish the specific terms of the arrangement between the landlord and his tenant. The difference between rental agreements and leases is that rental agreements usually cover short-term or month-to-month rentals, while leases cover six-month and yearlong rentals [source: Forms on NationalEvictions.com]. Rental agreements automatically renew after 30 days, and leases need to be renewed when they expire.

In England, there are two different kinds of rental agreements: shorthold tenancies and assured tenancies. The default arrangement is a shorthold tenancy, in which the landlord can automatically regain possession of the property after six months, as long as he gives two months’ written notice. With assured tenancies, landlord can only repossess a property if he can prove to a court that the tenant is behind on rent or violating rental policies

A rental agreement or lease should include the following terms:

names of all occupants
limits on number of occupants
length of tenancy
amount of rent, when it’s due and how to pay it
amount of security deposits and fees
landlord responsibilities
landlord rights
code of conduct
pet regulations
miscellaneous restrictions like parking, use of common areas and laundry facilities [source: AAXON.com]

A rental agreement or lease document protects both landlords and tenants. The terms of the agreement help protect the landlord against irresponsible tenants and protect the tenant against overzealous or illegal landlords.

Landlords and tenants should pay particular attention to the language in the lease regarding the security deposit and how it will be used. A security deposit is money that the tenant lends to the landlord to cover the cost of any future damages or repairs that exceed the definition of normal use, which we’ll learn about shortly. Security deposits are the most common cause of legal disputes between landlords and tenants.

There are several important distinctions here. The money is lent — not paid — to the landlord. Some states require landlords to keep security deposits in a separate bank account like an escrow account . Upon termination of the lease, that money will be paid back to the tenant (with interest, in some states) unless the tenant has damaged the property beyond normal wear and tear.

So what’s normal use? This is something that needs to be clearly explained in the lease. For example, carpets get dirty, paint gets chipped and drains get clogged. Each of these situations is considered normal use. But, for example, if a tenant illegally uses his apartment to run a small bakery, and the constant heat from the oven permanently damages the kitchen tiles and peels away the paint on the ceiling, that’s not normal use. The damages will be deducted from the tenant’s security deposit.

The best way for landlords and tenants to avoid security deposit disputes is to take plenty of photos of the property before the tenant moves in. Both the landlord and tenant should document any existing damage and sign a waiver or disclosure stating that the current tenant will not be responsible for those repairs. In Australia, it’s typical for landlords and tenants to fill out an official Property Condition Report before signing the lease.

Even after the rental agreement or lease is signed, a landlord shouldn’t hand over the keys until the security deposit and first month’s rent checks have cleared. If a landlord allows a tenant to move in immediately, and the checks later bounce, the only recourse may be eviction proceedings.

Tags: Eviction Information, Landlord Information

Finding a Perfect Tenant

Posted: Sep 20, 2018
By: NatEvict
Comments: 0

Finding a Perfect Tenant

We are all looking for that neat and responsible tenant who will respect the property, keep it clean and pay bills in time. And it’s not always easy to judge reliability from a brief meeting and a pile of paperwork. At NationalEvictions.com, we’ve put together a few pointers that will help you find that perfect tenant and highlight the possibilities for a compromise if the search is taking too long.

Start with your property

The condition of your property will ultimately affect what kind of tenants it will attract. You can’t do anything about the location, but keeping the property clean, updated and well-maintained is in your hands. Outdated appliances, dirty walls and untidy bathroom may scare away your potential tenants, especially if the price is high.

Rethink the layout and possibly knock down a few walls to make a bigger bathroom or add a walk-in closet. Provide the top amenities your tenants want, and you’ll have plenty of candidates to choose from. If you don’t want to mess with the renovations, just keep the property clean: a fresh coat of paint, a scented candle and clean sunny windows can make a big difference. Remember, first impressions matter!

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Screen your tenants

As Property Managers Ourselves, we advice you not to let an unscreened tenant move into your rental, no matter how desperate you might be to close the deal. Even if the person was recommended by your friend, take the time to conduct at least minimal screening. Here are some things you might want to check:

Attitude and behavior. Take mental notes when you first meet a potential tenant. Did they make an effort to dress nicely? Are they kind and polite? What kind of car do they drive and is it clean? Of course, you can’t judge people by these characteristics alone, but they should help you paint a bigger picture.

References from previous landlords. Do verify the reference by calling the former landlord, as it’s easy to forge a reference letter or have a relative write it. It’s also a good idea to ask how much the tenant was paying in rent at his former place.

Employment status. Your tenant should be employed, preferably for some time. You can request recent pay stubs and even talk to the employer to get more insights.

Credit history. Request a credit report on your potential tenant. Look for any open collections, late payments, bankruptcy and overall credit score. The report itself might cost you, but it’s better to be safe than sorry.

Criminal and eviction records. Find out if your tenant has had problems with the law in the past or is currently a part of an investigation or a litigation. You probably might want to reject someone who’s been arrested for public disturbance multiple times.

Social life. With social networks playing an important role in many people’s lives, almost everyone has a digital footprint. Search an applicant’s name in the search engines and look over their social profiles and other publicly available information. This will give you a better idea about their personality and lifestyle. Google them, Check other Social Media for the names on the application. Do Your Homework as a Manager!

Besides conducting a thorough background check, also let your potential tenant tell their story. Find out why they are moving, what they do for fun, and see if everything they say matches the reports you’ve obtained.

Learn to compromise

It’s unlikely that you find a tenant that has everything you are looking for. Being picky is good, but don’t bluntly reject applicants based on certain things you uncover during the background check. Remember, every month your property stays unoccupied, you are not just failing to make profit, but possibly losing money as well.

Instead of focusing on separate accounts of “irresponsible behavior” on the part of your potential tenants, look at the bigger picture:

Everyone makes mistakes, and a criminal charge or an unpaid debt from back in the days doesn’t define a person. Focus on the past five years instead of considering someone’s entire history.
When screening couples, look at the combined income if low individual income is the only issue and everything else checks out.
Appreciate the honesty when someone tells you upfront about their bad credit or other issues. This means they understand the consequences of the bad decisions they made in the past and want to mend things.

A bad tenant can be a disaster to your rental property business. If you have multiple properties and consistently struggle to sort through dozens of undesirable applicants to find that perfect one, let us know and we’ll take that burden off of your shoulders.

Learn more about Tenants, Landlords and Property Management and Evictions on our website: https://NationalEvictions.com

Tags: Eviction Information, Landlord Information, Tenant Screening

In the Phoenix area, rapid evictions leave delinquent renters with almost no options

Posted: Sep 15, 2018
By: NatEvict
Comments: 0

In the Phoenix area, rapid evictions leave delinquent renters with almost no options

Tenants can find information for Defending Evictions on NationalEvictions.com

So much was at stake, but there was nowhere to sit. The courtroom’s wooden pews couldn’t hold them all. So the people called into Country Meadows Justice Court sat in the jury box and pressed themselves against the white walls. A group waited in the hallway outside. They clutched bright green eviction papers and practiced what they would tell the judge.

They were going to lose. They just didn’t know it yet.

Behind the bench, Judge Louis Goodman scanned his daily docket. It listed 128 eviction hearings. Then he flicked on a digital clock and motioned to the lawyers’ table, where attorney Kevin Holliday sat behind a tall stack of folders.

“Are you ready to go, sir?” Goodman asked.

“I can certainly start,” Holliday said. He stood and carried his folders to the bench. Loose papers shifted inside. Holliday had loaded them in advance, filling in the details of judgments he would almost surely win: Hundreds of dollars owed, five days to move out.

Goodman took the first file and read the name aloud. He looked up. Holliday twisted around. A crammed courtroom stared back, but nobody moved. Six seconds passed. Silence. Goodman called the name again. He waited 3 more seconds.

“Defendant is not present. Judgment will be entered,” he said, reaching for Holliday’s pre-filled form. He scanned it. Signed it. Handed to the clerk.

The day’s first tenant had been evicted. The hearing lasted 10 seconds.

Goodman called a couple’s names. They weren’t there. Their case took 13 seconds. The next lasted 7 seconds. Six. Six again. Eight seconds. Each one would empty another home.

“All right, we’ve got more,” Goodman said 20 minutes later, after he had blitzed through 29 cases. All but one ended in eviction. “Wow. Busy day.”

The eviction cycle had reached its peak. It was the third Wednesday in June, one of the busiest times of the year in a Justice Court system that often works more like an eviction mill.

Last year, Maricopa County’s Justice Courts issued 42,460 eviction judgments, one for every 14 rental households in this massive county that’s sinking ever-deeper into an affordable-housing crisis.

Once a person is sucked into the system, there’s almost no way to escape. A lawyer can help, but only a minuscule minority of tenants have one. The rest are overpowered by expert attorneys and overwhelmed in courtrooms where more time is spent on a single traffic ticket than a dozen life-altering evictions.

“There is nothing that goes on in the eviction system that is of any help to tenants,” said Ellen Sue Katz, executive director of the William E. Morris Institute for Justice, which advocates on behalf of low-income Arizonans.

Most cases are decided instantly, because the tenants don’t show up to defend themselves. Those who do are led by lawyers into courtroom hallways, where they’re nudged toward signing a settlement and agreeing to move out.

The few people who actually stand before a Justice of the Peace get just a few seconds to unwind why they missed rent. They make often-futile efforts to shake off an eviction, to push their case to trial, to buy a couple more days at home.

“I was switching jobs, so I was just pulling money out of my 401(k),” a young man with gelled hair told Goodman. He was evicted.

“This is my first time ever being here,” a woman in yoga pants explained. She was evicted.

“There’s no way you can do a suspension for a few hours?” another woman asked.

There wasn’t. She was evicted.

Tags: Arizona Eviction Articles, Eviction Information

Legal Eviction of Roommates

Posted: Aug 21, 2018
By: NatEvict
Comments: 0

Legal Eviction of Roommates

A living situation with roommates may become stressful if a roommate falls behind on rent or causes other problems in the home. The legal options for eviction of a roommate depend on whether the roommate is a legal occupant of the rental property, an unauthorized occupant, or a subletting party. The landlord, original tenant or either party might be able to pursue eviction by following the real-estate laws

Find Landlord and Tenant Help pages, Articles, and more on NationalEvictions.com

Sad Tenant moving apt after eviction sitting on the floor of the living room at home. NationalEvictions.com

Definition of Legal Occupant

A written lease agreement creates a legal obligation between each tenant and the landlord. A leases often require the names of all adults who will live in a rental home, along with the names of children or other adults who might spend time living in the residence. Whether a roommate is a legal occupant of a residence depends on whether the lease names the roommate as a lessee. If the roommate is lessee, the landlord can start eviction proceedings directly against the legal occupant.

Landlord’s Right to Evict

When a landlord wants to evict multiple roommates from a residence, States requires court proceedings for eviction, also known as “summary ejectment” under state law. North Carolina allows eviction based on one of three reasons: breach of the lease, nonpayment of rent or holdover of the premises after the end date specified by the lease. If the lessees fall behind on their rent payments, the landlord can initiate proceedings to evict all roommates, even if only one roommate is responsible for the past-due rent. Furthermore, if the lease specifically prohibits additional occupants or subletting parties, the landlord has the right to ask a North Carolina court for a summary ejectment based on a breach of the lease after a lessee allows a roommate to move in.

Legal Significance of Unauthorized Roommate or Subletting Party

A lease might state whether additional roommates may live in a rental home without signature of a new lease or advance permission from the landlord. A roommate who doesn’t appear on the lease usually doesn’t have a legal obligation to the rental home’s landlord; accordingly, the landlord can’t pursue late rent or directly take other legal action in North Carolina toward the unauthorized roommate. The roommate might have a sublease arrangement with the original lessee, however, and have a legal obligation toward a lessee who does appear on the lease agreement.

Tenant’s Right to Evict

If an original tenant allowed a roommate to move in without updating the lease with the landlord, the original tenant still might be able to pursue legal eviction of an unauthorized occupant. The original tenant and the new roommate might have an oral or written sublease agreement. If the roommate doesn’t pay rent or causes problems in the residence, the original tenant may be able to start legal proceedings for eviction based on the terms of the sublease. Legal eviction initiated by the landlord might result in a court order requiring all individuals to vacate the property and return possession of the premises to the landlord. Accordingly, the original lessee may need to take action independently if he wants to remain on the property himself. To evict a roommate, the original lessee must follow the notice, service and filing procedures required by North Carolina’s landlord-tenant laws.

Tags: Eviction Information, North Carolina Eviction Articles, Tenant Information