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

Rental Maintenance Jobs You Or Your Tenants Should Never Try

Rental Maintenance Jobs You Or Your Tenants Should Never Try

  • Posted: Jun 27, 2018
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Rental Maintenance You Or Your Tenants Should Never Try

Fixing a paint job yourself that didn’t turn out right is one thing. However having to pay thousands of dollars for repairing the structural damages that resulted from a poorly done plumbing, electrical or HVAC job is another. Landlords will be taking money out of there pocket to fix problems when they let Tenants do the work.

“Leaving these maintenance projects to a professional will make what you spend worth the peace of mind and safety you’ll get in return.” – NationalEvictions

Hands-on Electrical Work

Repairing or re-configuring wiring is not do-it-yourself project. You might change a lightbulb or even install a new light fixture – maybe. But there is a reason why electricians charge higher rates. They have to go through extensive professional training to prepare for safely tackling wiring repairs. A property’s wiring/electrical configuration can be made unique by different electrical work being done throughout the years. This makes “one size fits all” procedures that are advertised online completely useless. The main risk of attempting electrical work yourself is being shocked or starting a fire. Both potentially deadly side effects to handling wiring without experience. Also doing it yourself can risk creating further damage that requires more extensive, and pricier, repairs down the road.

No. 2 – Gas Appliances

Working on gas appliances implies handling hazardous materials and facing potentially deadly side effects. Gas furnaces, ovens, water heaters or dryers should only be worked on by professionals. Turning off the gas while working on them is not a sufficient precaution. Gas leaks can easily be created by a poorly done project or reassembly. That could expose your rental home to a leak that could cause carbon monoxide poisoning, or worse, an actual explosion.

No. 3 –  HVAC

Our HVAC professionals strongly encourage property owners and tenants to stick to the basics. That means changing filters and cleaning around vents. Let the professionals handle anything more serious or complicated. Air conditioning and furnace repairs affect the air quality within a property. Poorly installed or maintained equipment can reduce efficiency and inflate. It can also be the root cause of respiratory infections and problems for those living and breathing in the property. Just like electrical professionals, HVAC professionals are required to undergo specialized training. That training allows them to obtain special licenses that legally allow them to work with certain materials. When refrigerants are concerned, one would not be complying with the Environmental Protection Agency’s (EPA) regulations by working on air conditioning as a do-it-yourselfer.

No. 4 – Plumbing

That clogged drain might have been a piece of cake to work on. However major plumbing projects like re-routing existing plumbing or spot-fixing a leak is a whole different story. Water damage is extremely costly to repair. Even a small leak can be the culprit behind a plumbing-related emergency that costs a property thousands of dollars in damages.

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As a rental property owner, you are often a plumber, electrician or decorator, but you are probably not a lawyer.

As a rental property owner, you are often a plumber, electrician or decorator, but you are probably not a lawyer.

  • Posted: Jun 03, 2018
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Since rental agreements are contracts and states have laws that specifically impact landlords and tenants, legal pitfalls can open up underneath you.

Everything from poorly written rental agreements to responsibilities not outlined in a lease can crop up.

Tell Landlords about NationalEvictions and the information that can help them!

 

Everything starts with the lease. You can find generic lease documents at many stores, but what they don’t tell you is that those forms are not enforceable in every state. A single clause can render the entire document unenforceable. Be sure to talk with a real estate legal professional before choosing a lease document.

Know your responsibilities. In addition to the interior of your property, most states also require landlords to maintain the exterior. For example, landlords may be responsible for snow removal and keeping grass cut to within legal limits. There may be a way to transfer those responsibilities to the tenant, but you would need to make sure that was clearly spelled out in the lease and legal in your area.

Keep marketing clean. Before you post any ad or market an empty property, keep in mind that there are fair housing laws that specifically prohibit you from discriminating against prospective renters. This means you can’t advertise to exclude families with small children or avoid a specific age group, in addition to a variety of other protected classes. Essentially, you should not be asking questions about a tenant’s family situation, race, religion, or age when making a rental application decision.

Screen tenants carefully. Even though careful screening should be a foundation of your rental business, asking the wrong question during an interview can be just as damaging as using the wrong language in an ad. Sure, you might not have made your decision to reject a tenant because they have small children, but asking could give them ammunition for a fair housing complaint.

Obey privacy laws. Yes, you have the right to visit your property, make repairs and ensure it is taken care of. Your tenant has the right to privacy. Different states have different laws regarding how much notice you must give a tenant before visiting the property. Always notify tenants in writing of your intent to visit so they can make arrangements to be home. A single major violation could cost you significantly in damages.

Keep late fees reasonable. No one enjoys dealing with frequent late payments, and the temptation is to charge punitive late fees to avoid the issue. Keep in mind that many states are now asking for proof of damage surrounding late fees. Excessive amounts might lead to a judgment against you that can become a major problem if every tenant jumps on board. A reasonable fee is defensible; an unreasonable fee is not, unless you can prove the financial losses due to the late payment.

Return security deposits in a timely manner. Security deposits are only to be used for maintenance in excess of normal wear and tear. If a tenant leaves the property dirty, you could deduct a cleaning fee. If there is unapproved paint, you could charge the tenant for the repainting. You can’t simply keep the security deposit or deduct more than the cost of the repairs. You also can’t use the deposit for any refurbishing on the property. Courts can assess fees that equal three times the deposit or more, so keeping the security deposit too long or deducting expenses that are not the tenant’s responsibility can be very costly.

 

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PROFESSIONAL TENANTS AND HOW TO AVOID THEM

PROFESSIONAL TENANTS AND HOW TO AVOID THEM

  • Posted: May 06, 2018
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PROFESSIONAL TENANTS AND HOW TO AVOID THEM

 
Professional tenants are a landlord’s worst nightmare, the ones you read about in the newspaper. These individuals are notorious for cheating the system and using loopholes, leaving landlord’s with lost rental income, a damaged property, and a huge headache. They will complain about the smallest of messes and become the largest hassles.
 
In order to get away with such actions, professional tenants have created some pretty elaborate strategies. Here are the top 5 tactics from professional tenants. If you find your tenant is doing any of the below, then you may have a professional tenant.
 
#1: PAYING PARTIAL RENT
Often times, professional tenants will pay only a portion of the rent each month. When a landlord has accepted partial rent one month, then State laws will not allow an eviction for that month. This provides the tenant with more time in the property with overdue rent, and most often, they’ll continue to delay each month. Before the landlord realizes it, the tenant is close to lease expiration with an exorbitant number of past due payments. Don’t accept partial payments and require full amounts on exact dates to avoid these schemes. If a tenant is late, be prepared to start the eviction process right away. Also, never accept partial rent.
 
#2: PAYING RENT BEFORE THE LATE FEE
Professional tenants understand a landlord is more likely to take legal action for $1,000 of past due rent than for a $50 late fee. These tenants will pay rent before the late fee, claiming the late fee will be paid soon. Guess what? By accepting the rent before the late fee, the landlord is most likely never going to receive the late fee. The landlord becomes emotionally drained as a debt collector and just writes off the late fee.
 
The lease contract is written to align incentives between the tenant and landlord. A late fee is listed in the contract to set the precedent that rent should not be paid past a certain date. Tenants should not take advantage of the payment terms in the contract. By waiving this fee, a landlord signals that the legally binding contract is “flexible,” and it provides professional tenants with the signal that they may be able to bend other terms in the contract. Don’t become drained emotionally and only accept rent after outstanding late fees are paid.
 
#3: PAYING IN CASH
Cash is impossible to track, making it the preferred medium for professional tenant payments. These tenants will lie about making cash payments or even go as far as faking rent receipts. As a landlord, avoid taking cash payments that foster these types of actions. When a landlord is in the courtroom, they want to show a track record of traceable payments followed by no payments. Keep in mind that in some states, landlords are not allowed to refuse cash. If a tenant insist on paying cash, you must create and BOTH sign a receipt at the time the cash is accepted.
 
#4: ASKING FOR TIME
Some tenants will approach their landlord and plead for more time to pay rent. This tactic is usually accompanied by a heart-tugging story of the hardships they are currently battling that prevents them from paying. Unfortunately, it is difficult for a landlord to know the legitimacy of these stories and a tough decision must be made. Allowing for a longer payment period will only make things worse. While it might be emotionally difficult to draw a line, a landlord is not a bank that provides loans. When a tenant is late on rent, they should go to their friends, family, bank, or another source for a personal loan. The relationship between tenants and landlords should be strictly professional and real estate related. If a tenant still cannot pay the rent when it is past due, then the next step is an eviction notice. A landlord may want to consider suggesting to the tenant that if they are late on rent, then they will release the tenant from their lease so the tenant can find a more affordable unit. It may be easier for a landlord in the long run to let a tenant who can’t afford rent to leave then to constantly chase the tenant for rent.
 
#5: CLAIMING THE RENTAL IS UNINHABITABLE
Professional tenants may try to claim the rental is uninhabitable as a scheme to not pay rent. Typically, their process is submitting a maintenance request and claiming it was never addressed. They will withhold rent or break the lease and reference the clause on maintenance and habitability of the property. Every maintenance request should be tracked in a system, providing evidence that the request has been acknowledged and updates have been provided in a timely manner. This type of documentation will save a landlord in the courtroom. While landlords have no power over the judge, maintaining records and photos of your properties can protect yourself from these situations.
 
When a tenant makes a claim that the property is unfit to live in, landlords must refile with proof of a habitable environment. Tenants will then proceed to trash the property in an attempt to justify their claim. Keeping a running log of property conditions and pictures help prove your case, do not forget that tenant damage, beyond normal wear and tear, can be charged back to the tenant. If they are intentionally causing damage to create an “uninhabitable claim,” documentation will help to bring justice in the case.
 
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Things Can Go Wrong During an Eviction

Things Can Go Wrong During an Eviction

  • Posted: Apr 12, 2017
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Things That Can Go Wrong During an Eviction

Things go wrong during evictions. Many tenants will find ways around your eviction, and if you are inexperienced with the eviction process, this can be as simple as making a small paperwork mistake. While you are correcting any mistakes, you are losing rent money and the tenant is taking up valuable space that could be rented to a tenant that would follow the rent agreement. Here are a few examples of things that can and do go wrong.

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7 Landlord Mistakes

7 Landlord Mistakes

  • Posted: Dec 15, 2016
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7 Landlord Mistakes

No. 1 –  Too quick to fill a vacancy

I often see new landlords and investors fall prey to this one.

I, too, many years ago made these bad judgment calls (never again). It is easy to drop your standards when a unit is about to become vacant.

Emotions take over and a prospect comes to you waving cash at you.

Sure, they do not represent the perfect tenants. Or their income is lower than you as a landlord might require. But they are nice people and they have the cash for the deposit and first month’s rent.

Besides, I  think, “I will start negative cash flow next week if I do not rent to them.”

Three months later, I struggle to collect rent and month after month is a fight to get paid. I tell myself, “I wish I held out for better tenants.”

Like so many others, I have learned it is far better to have a few weeks of vacancy while finding the best tenant than to hurry and rent to a bad apple.

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