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Landlords DO Have Rights

Jul 29, 2015
It often seems that a property owner does not have any rights and that tenants call the shots, the courts only rule in favor of the tenant, and the attorneys end up with all the money. Just look at the multi-million dollar lawsuits that have happened regarding mold, lead-based paint, Fair Housing, and more. In fact, we do our best to keep you apprised of the legislation and legal actions that are continually happening. However, there is another perspective to landlord and tenant rights.

 
It is true that there are big lawsuits, severe fines, and penalties dished out in big numbers to property owners but it is generally because they have violated important legislation or discriminated against their occupants. These are the few because there are millions of property owners who do rent fairly and millions of good tenants living in rental properties. Unfortunately, in a not so perfect world, it is the bad property owners and tenants that get (not unlike our political leaders) the big press and attention.
 

Sometimes, you just have to look at the whole picture to understand that, in fact, a property owner does have rights. The truth is that if owners did not have any rights in this country, there would not be any investments in real property and therefore, no rentals available.


The Uniform Residential Landlord Tenant Act, URLTA, was set up to outline obligations for BOTH landlords and tenants. It specifically provides that tenants uphold certain obligations and responsibilities to the Landlord. Here are some of the provisions for the tenants.

  • Tenants must maintain the interior of the leased premises in a clean and safe condition and must use all appliances in a reasonable manner.
  • Tenants must not negligently or willfully destroy property or allow others invited onto the premises to do so.
  • There is a duty of tenants to use the premises in such a manner as to preserve its condition
  • Tenants must conduct themselves in a manner that ensure peaceful enjoyment of neighboring properties
 

You DO have the right to rent your property to good tenants. There is no law that requires you to rent to someone who does not meet good qualifying criteria. No court will force you to take in a bad tenant. You just have to be patient if it takes a longer vacancy to get through the bad tenancy to get to the good tenant.
 

You DO have Fair Housing rights. It is true that the court will rule against a property owner in a big way if there is discrimination. It is free to comply with Fair Housing and not only is it free, it is the smart way to conduct any business. Practice Fair Housing correctly and the law will protect you as well as the tenants.
 

You DO have the right to evict a Tenant for non-payment of rent and other rental violations. It is not right for a tenant to stop paying rent, trash the property, and cause havoc. What if there were no solutions to evict a tenant? That is a truly scary thought. All states have laws that provide owners with a “way out” of a bad tenant through a legal eviction process so that they can replace the bad one with a good one. Tenants cannot hold a property owner hostage unless the owner does something discriminatory or unlawful.
 

You DO have the right to claim property investment deductions on your taxes. Do not forget that you do have the right to use your rental property to reduce your tax liabilities whenever possible.

 
There are definitely more landlord rights than listed in this article. You just have to keep your perspective while owning rental property and look at the big picture that both landlords and tenants have rights.
 

 

Jean Storms, MPM®, owner of LandlordSource

©LandlordSource.com

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26 Aug, 2016
Any property investor knows that getting tenants and keeping them are tricky. Property that goes unoccupied for too long can more or less be considered a dead investment. At that point, investors should do an in-depth analysis to diagnose the problem. It is important to find out if there is anything they can do to attract new renters. So here are a few things that tenants look for when scouting for property. Tenants Want Safe Neighborhoods Safety and security is an important concern for most, if not all, potential renters. The area should be well-lit and more or less crime-free. In fact, many would-be renters go online to check if potential properties are in a high-risk area with regard to crime. Some investors, especially those who own high rises in high-crime areas, have to make up for the property location to attract tenants. This is achieved by installing cameras and hiring security personnel to make potential tenants feel at ease. Renters Prefer Affordable Units Why spend an arm and a leg on rentals when one can get a unit for less? Tenants rent based on their budget. Therefore, many renters will pass on property that they like if the price tag is too rich for their current budget. This can cause problems for many investors. However, there is a way around it. The property management firm might be more selective when showing units to would-be renters. They may attempt to offer pricier units or houses to renters who would rather spend more for quality property. Tenants Need Accessibility How near is the rental to a potential tenant’s place of business? Is it close to schools, hospitals and shopping centers? These are legitimate questions that investors should consider before coming up with a rental price. Accessibility is the reason that many substandard units sell like hotcakes. If it saves a renter gas money, he or she is less likely to pass it up. Some Tenants Prefer Pet-Friendly Rentals Pets are family too. This is why many potential renters would rather pass up an affordable unit in a safe neighborhood if pets are not allowed. A wise investor will choose to allow furry tenants for their rental units, as this will attract more potential renters. This is a smart business move, especially if the unit is priced affordably. Whitetail Properties can help investors lease out their rental property. Schedule a meeting today to learn how our firm can assist you in gathering more potential tenants. ©Maria Codilla
19 Aug, 2016
More people are investing in property these days for a number of reasons. It generates a decent cash flow, which allows the homeowner or investor to enjoy extra income aside from the money that he or she usually earns, for a property that would have remained a stagnant investment if not for this venture. However, not all investors are satisfied with the results of their real estate venture. In most cases, the difference between success and failure in this industry lies in choosing a capable property management firm to manage the rental property. Here are a few factors to look for which will assist investors in choosing the best property management firm for their investment. Experience Seasoned property management specialists are the best choice, especially for investors who are new to the industry. They can provide useful tips and ensure that all the necessary legal paperwork are ready for renters. An experienced property manager will also be knowledgeable about various legalities that the investor may not be aware about. Dedication Many firms take a passive approach when it comes to assisting investors rent out properties. A good firm is composed of driven property managers who are able to make use of different social media platforms and websites to attract possible renters. The best firm would be one that is composed of employees who are dedicated to their assigned projects and are able to ensure that every property under their care is showcased properly to potential renters. Ensures Investor’s Financial Security The best property management firms take good care of their client’s investment by ensuring that each tenant is screened properly. Ideally, an experienced property manager from the company will be tasked to go over the potential renter’s finances. The goal is to ensure that their clients will be paid the amount due to them on time, with no hassle on their part. The success of your venture rests upon the quality of the property management company you choose. Ensure the success of your investment property with the help of Whitetail Properties. ©Maria Codilla
23 Oct, 2015
There are important steps that investors must take to ensure the success of their rental property; one of the most critical is that of procuring the right property insurance. As your property management company, we cannot advise you specifically on what insurance policy to purchase. The purpose of this article is simply to make you aware of common insurance facts and questions that are important to ask your insurance provider. Failing to know what coverage you have could lead to major financial loss in the future. Does my property have the right insurance for an investment/rental property? This is THE key question to ask. Many people do not realize that a normal homeowner’s insurance policy is generally invalid within 30 days after vacating the property and converting it to a rental property. A different policy should be put in place as soon as possible. In addition, the best insurance for a rental policy will give you additional coverages, such as loss of rent. The type of insurance coverage for landlords generally falls under the umbrella term “property and casualty insurance.” What type or types of insurance do I currently have on my rental property? Building coverage, hazard and fire Insurance, as well as liability insurance, are always needed for the physical property. However, there are additional insurances that can be carried, depending on the location of the property, age of the property, and other extenuating factors. Other insurances to investigate are flood insurance if you are in a flood plain, sewer backup insurance, workman’s compensation, terrorism insurance, and loss of income insurance. Question your agent on your current insurance and what other policies are available that would be appropriate for your investment and worth the cost. A big key to obtaining the right insurance is to provide your agent with ALL the facts – age of the property, condition, area problems, special use, etc. It is very important to be specific on what “type” of investment property you have (for example, horse property, condominium, single-family, apartment etc.). Most landlord insurances are for 1-4 units and multiple units above this number are handled on a different basis. I have outbuildings on my rental property, are they covered? Most policies generally do not include additional structures, unless specified. This is another reason why you need to disclose all the information to your insurance agent and obtain quotes. Is my property covered for loss of rent? Covering rental loss, under the right circumstance (such as a building fire), is one of the pressing reasons for obtaining a good landlord/rental policy. There is no coverage for tenants giving a standard notice to quit and vacating the premises. However, it may cover vandalism during an eviction or vacancy – but you need to ask. Have your agent discuss in detail the paragraphs in your insurance paperwork which pertain to vacancies / income loss and what is your actual coverage. Is my property covered for disasters such as fire, tornado, hurricane, tsunami, flood, and more? Normally, most natural disasters are not covered. However, the insurance company may make a determination that many damages are covered. For example, although a flood isn’t covered, there may be coverage for “water damage.” Another example, a house fire is usually covered for damage as long as the landlord has not shown neglect which caused the fire. The insurance company will have a list of criteria for what is and what is not covered for extreme conditions under the existing policy. Again, find out the facts, ask questions. How can I reduce the cost of my landlord policy? Landlord insurance is more expensive than a homeowner policy and the main reason for the increased cost is that a landlord doesn’t have any control over a tenant’s actions, implying additional elements of risk. In spite of the higher cost, landlord insurance can be made more affordable through discounts for having security alarms, especially monitored ones, burglar alarms, deadbolt locks, and fire extinguishers. Ask your agent for recommendations on cost-saving items you can do. Remember, landlord insurance IS worth the cost. It is of utmost importance and your responsibility to consult your insurance provider regarding your coverage. It is also part of your contract with us that you provide our company with proof of insurance. There are many insurance companies and plans available and it pays to compare coverage. If your agent cannot spare you the time to answer your questions, seriously think about shopping for another agent and/or company. Review your policies at least once a year, require that your agent provide you with the facts, and take out the best possible policy for your specific investment property to protect your investment. Jean Storms, MPM®, owner of LandlordSource ©LandlordSource.com
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