Chapter 15
In This Chapter
Deciding between a property manager and managing yourself
Making sense of discrimination and environmental laws and requirements
Getting along with existing tenants while making desired changes
Understanding the keys to filling vacancies
Dealing with leases and other contracts and money collection like a pro
At the moment that you close the deal on buying a rental property, you’ve probably already put in dozens, if not hundreds, of hours. Now, however, the real work begins. To maximize the value of your investment, you’ve got to attract and retain excellent tenants, stay on top of government regulations, keep your eyes open for ways to cost-effectively improve your property, and handle contracts and money flowing in and going out. This chapter shows you how to be the best landlord that you can be.
A property manager can be responsible for all operations of a property, including marketing, tenant selection, rent collection, tenant relations, maintenance, and accounting. Many beginning real estate investors do all the work themselves — painting, cleaning, making repairs, collecting rent, paying bills, advertising, and showing the rental units. However, after a while, most investors delegate jobs that they aren’t suited for or don’t enjoy. Some new owners, of course, do just fine managing their own rental units. But others discover firsthand that on-the-job property management training can backfire with some costly lessons.
If you have the right traits for managing property, have the time, and live close to your property, consider doing it yourself. Among the advantages of self-management are
If you earn your living regularly from something other than managing rentals, managing your investment property may not be worth your valuable time. If you’re a higher-income, full-time professional, getting frequent calls from prospective renters or getting a midday emergency call and rushing off on weekdays to handle some minor crisis at your rental unit isn’t only impractical, it may be downright damaging to your career. Receiving emergency calls in the middle of the night can make you too tired to go to your job the next day. If your property isn’t in the safest area of town, doing a repair or collecting rent in the evening may actually be dangerous.
The same guidelines hold true even if you’re an independent business owner or self-employed. Your schedule may be more flexible than that of a nine-to-five employee. But if you’re earning $50 an hour, it doesn’t make sense to devote hours of your productive work time to managing rental units, which may only amount to cash savings of $25 an hour.
Property management is truly a 24/7/365 commitment. Carving out time when you’re completely free from the unexpected interruption can be difficult. Your rental prospects and paying tenants will expect an immediate response to even their most routine inquiries. Property managers can respond quickly in today’s society and get the best tenants because they’re the ones who appreciate a professional and responsive relationship with their landlord. If you aren’t as responsive as residents expect, they could refuse to pay rent and defend your efforts at eviction by claiming that you breached the implied warranty of habitability.
To fill the position, you have to possess the corresponding basic skills and interests. Use the following questions to examine your own personality and skills to see whether you’re cut out to be your own property manager:
A rental property manager must be fair, firm, and friendly to all rental prospects and tenants. You need to treat everyone impartially and remain patient and calm under stress. You must be determined and unemotional in enforcing rent collection and your policies and rules. And you must maintain a positive attitude through it all. Not as simple as it looks, is it?
Management companies accept the responsibility for all property. The right property manager can make a big difference in the cash flow your rental unit generates by finding good replacement tenants quickly and making sure that maintenance is done in a timely manner without breaking your budget. You need a property manager who is committed to helping you get the optimum results from your rentals. Try to find property managers familiar with your kind of investment property and knowledgeable about the local rental market. With a little research, you can find the right fit for your property.
A poor management company can cut into your profits, not only with their fees but also by providing improper maintenance and leasing to poor-quality tenants who may run your property into the ground. A bad property manager can leave you in worse shape than if you had managed the property yourself.
Visit the office of your management company and spend time interviewing the specific property manager that will have hands-on management of your rental property. Make a few extra phone calls to check references and don’t sign a management contract until you feel confident that the company you hire has a sound track record. Checking with the property management company’s chosen referrals isn’t enough. Ask for a list of all their clients and contact the ones with rental properties similar in size and type to your own. Make sure the rental owners you contact have been with the property management company long enough to have a meaningful opinion.
You specifically want references for the property manager that will handle the day-to-day management of your property. Some companies have you meet initially with their most qualified and competent manager and then hand you off to a newbie who may not even know as much as you do about property management. Of course, having very experienced and credentialed senior property managers or owners can be a great resource, but you just need to make sure who exactly will be servicing your property.
www.irem.org
to see if your manager is currently IREM-approved because some sneaky individuals or companies earn credentials and claim to hold them, but actually fail to meet the minimum ongoing requirements to maintain the credential or stay current with an ever-changing real estate management industry.In most management contracts, property management companies have the ability and right to perform emergency repairs without advance approval from the owner. Of course, this arrangement allows the property management company to take care of problems that occur unexpectedly. Most management contracts contain clauses that allow property managers to undertake repairs up to a specified dollar amount without the owner’s advance approval. The limit should be commensurate with the type and size of the property. Commercial properties and larger residential properties may have a $2,500 limit, whereas a small duplex may have a limit of $250.
Additional fees for the leasing of vacant space are often justified, because the most time-intensive portion of property management is tenant turnover. When one tenant leaves, the rental unit or the commercial, industrial, or retail suite must be made rent-ready; then the property manager must show the property and screen the tenants. Leasing fees or charges for residential rentals can vary but are often either a flat fee of a few hundred dollars or a percentage of the rent, such as half of the monthly rental rate. Leasing commissions for commercial, industrial, or retail properties are almost always a percentage of the gross rent with a declining scale where the longer the lease, the lower the percentage in the later years.
Take precautions to ensure that your rentals are a safe and healthy environment. Although legal implications and substantial liability for failing to meet required state and federal disclosures are also motivators, most owners simply don’t want to see their tenants get sick or injured. Check for the following issues:
www.epa.gov/lead
). Most states have lead hazard reduction laws, some of which require testing and maintenance in addition to the federal disclosure requirements.www.epa.gov/asbestos
for more information.www.epa.gov/radon
for more information.As a landlord, you have some important business decisions to make regarding the terms under which you rent to tenants. Among other items, you should give plenty of thought to the length of the lease term and the amount of the monthly rent and security deposit, as well as some other important policies, all of which we cover in this section.
The lease or rental agreement is the legal document that specifies the terms and conditions of the agreement binding the property owner and the tenant. It’s a contract between the owner of the property and the tenant for the possession and exclusive use of the property in exchange for the payment of rent. Residential rental property owners commonly use one of two types of agreements (for information on other aspects of leases, check out Chapter 11):
Some owners prefer the flexibility offered by a month-to-month rental agreement to a lease. Although the month-to-month rental agreement does allow your tenants the right to move at any time merely by giving a 30-day written notice, the reality is that most tenants don’t like to move and often stay long-term. The majority of tenants only move because of a job transfer or another significant reason, or because the rental owner doesn’t properly maintain the property.
Establishing the rent is one of the most important yet difficult tasks for most investment property owners. If you set your rent too high, you’ll have a vacant rental unit. And if you set your rent too low, your profits will suffer or, worse, you won’t even cover your expenses. You can use two common methods for determining how much rent you should charge for your rental property — return on investment (which examines your costs) and market analysis (which looks at a comparable property’s rent).
The first step in determining your rent based on the return on your investment is to calculate your costs of owning and operating your rental property. You need to estimate costs for your mortgage, property taxes, insurance, maintenance, leasing, management, and a profit on your invested funds (for the details on this topic, see Chapter 12).
Suppose that for a residential rental unit, your monthly mortgage, tax payments, and operating expenses come to $800, plus you want a $200 monthly return (10 percent per year on your original cash investment of $24,000 in this rental property). Thus, you need to generate a monthly rent of $1,000 ($800 + $200). (This simple calculation doesn’t take appreciation, increasing equity, or tax advantages of real estate into account.)
Although you may have calculated that you need $1,000 per month for your rental unit, if the rental market is such that comparable units are readily available for $900, you may not be able to fully achieve your financial goals at this time. With most real estate investments, the initial returns may not match your original projections; in the long run, rents often increase at a greater rate than your expenses, your debt service remains constant, and your return on your initial investment improves.
Setting the rent is particularly critical if you own single-family or condo rental units or other small residential or commercial rental properties, because the rent loss from an extended vacancy or one bad tenant can seriously jeopardize your investment. Be conservative in setting your rents (along with being cautious in tenant screening and aggressive in maintaining your properties) to attract good, long-term tenants who pay on time. To avoid surprises, use a conservative budget for your rental property that anticipates rental income at about 92 percent of the market rent for a comparable rental unit or suite, which is based on the assumption that you will have one month’s vacancy or collection loss each year.
Knowing how much money you need to break even is important for evaluating the potential return on your real estate investment. And setting your rents properly is an independent decision based on current market conditions. Unfortunately, the realities of the rental market may put limits on what rent you can reasonably charge for your rental unit or suite, regardless of your costs of owning and maintaining the investment property.
Evaluating the rental rates being charged for similar rental units or suites in comparable locations is a great way to gather information before setting your own rent. Make minor adjustments in your rent because of variations in the location, age, size, and features of the properties you’re comparing. For example, if you own a residential investment property and one of your competitors has an available rental unit that is nearly identical to yours, your rent should be slightly higher if you also have a swimming pool. Of course, be honest and make downward adjustments for aspects of your rental property that aren’t as desirable as alternatives.
In order to determine the market rents in your area, do your homework and locate comparable rental properties, which are those properties that your tenants are most likely to also consider when looking for a rental unit or suite. They may be located right in the neighborhood or in other areas.
Rental property owners are permitted to collect a security deposit from tenants upon move-in and hold it until the tenant leaves. The security deposit provides financial protection for the property owner in the event that the tenant falls behind in his rental payments or damages his rental unit or suite.
For residential properties, state laws often limit the amount of the security deposit, require interest to be paid on the deposit, and detail what are lawful deductions. Check with the local affiliate of the National Apartment Association for your state’s security deposit laws. (Certain rental owners may be exempt from the rules.)
Because the funds don’t belong to you, several states require that residential security deposits be held in a separate trust bank account. Some states require that owners provide tenants with a written notice indicating the location of this bank trust account at the beginning of the tenancy. All of these requirements and more are covered in the recent version of Robert’s book Property Management Kit For Dummies (John Wiley & Sons, Inc.).
Many owners of small investment property don’t worry about setting detailed policies and guidelines (often called house rules) because they think the lease or rental agreement covers it all. But setting up some basic rules in writing that can be modified as necessary upon proper written notice to the tenants is a good idea because it ensures that you and your tenants are on the same page and gives you flexibility as you manage your property. The rules you draft should be more informal and conversational in tone than your lease. Be clear, direct, and firm, yet not condescending. Make sure your policies and rules are reasonable and enforceable. They must not discriminate against anyone because of race, sex, national origin, religion, and so on. Be particularly careful to review your house rules to avoid any reference to children unless related to health and safety issues.
In addition to the lease, take care of these issues:
If you’re like most investment property owners, you’re acquiring property that’s already occupied. Tenants are typically full of apprehension when their rental unit ownership is changing, so it’s extremely important to begin your relationship with your tenants on a positive note.
When you first acquire a residential rental property, contact your tenants and reassure them that you intend to treat them with respect and have a cordial yet businesslike relationship. Deal with tenants’ questions honestly and directly. The most common concerns usually include the following:
Just as you’re evaluating your tenant, your tenant is evaluating you during these initial contacts. Be open and honest. Failing to do so can result in a loss of credibility should you later implement changes that you didn’t acknowledge up front. And don’t make any promises that you won’t keep. Unlike in politics, renters have plenty of choices and will move along if you lie to, deceive, or otherwise disappoint them.
If you’re investing in commercial investment properties, you should also meet with your tenants and listen to their concerns about the property. Although they typically aren’t as concerned about sudden rent increases (because they’re likely on a long-term lease), they’re interested in hearing about your plans to maintain and upgrade the property or make any other improvements that may increase their business. Also, it’s never too soon to begin courting your commercial tenants for a lease renewal.
Although you most likely had a brief chance to view the interior of the rental unit or suite during the due diligence period before escrow closed, walking through again with the tenant now that you’re the owner can be helpful. Pay special attention to the proper use of the space, particularly for commercial tenants where illegal activities such as the use or storage of hazardous materials may be a serious liability issue.
Don’t just knock on the door and expect to walk through your tenant’s rental unit or suite. But if you’re at your investment property delivering the letter of introduction, you can schedule a mutually convenient time to meet. Some tenants will be glad to meet with you right then, but others won’t. Giving your tenants time to think about any issues that they want to discuss is beneficial for both of you. In most states, tenants don’t have to let you enter their rental unit unless you have a legal reason and have given proper advance notice.
Although you may want to make some changes in the terms or policies, when you acquire an occupied rental property, your legal and business relationship is already established by whatever agreement the tenants had with the former owner. Therefore, you need to wait until the expiration of the lease to change the terms — or provide a month-to-month tenant with proper written notice of proposed changes as required by state or local law.
Most new owners convert existing tenants to their own lease or rental agreement as soon as possible.
When you acquire an investment property, part of your research is to establish the fair market rental value of your new property. If the tenant’s current rent is below market value and he’s on a month-to-month rental agreement, one of your toughest decisions as the new owner of a rental property is how to handle rent increases.
As the new owner, you likely have much higher mortgage payments and expenses to make necessary repairs and upgrades to the property than the last owner did. Some tenants will be upset and antagonistic about rent increases, however, and there is little you can to do to appease them.
Vacant rental units or suites don’t generate rental income, so efficiently fill your vacancies with good, stable, rent-paying tenants. To ensure that you do so, follow some precautionary measures on your own before beginning to assess potential tenants.
In order to increase your chances of finding a long-term, stable tenant — and avoiding charges of discrimination — your tenant selection criteria and screening process should be clear, systematic, and objective. Tenant selection criteria are written standards that you use to evaluate each prospective tenant’s qualifications as a tenant for your property. Determine your minimum qualifications and adhere to them, applying them consistently and fairly to all rental applicants. Of course, your written criteria can’t be discriminatory or violate any federal, state, or local fair housing laws.
In order to establish your selection criteria, review what you’re looking for in a tenant. At a minimum, we suggest that you seek tenants who are financially responsible, pay their rent on time, and are likely to renew their leases, treat rental property with care, and be good neighbors. With commercial properties, you’re also looking for tenants with complementary businesses that enhance rather than compete with your current tenants.
You aren’t required to provide your rental prospects with a copy of your written tenant selection criteria, but there are potential benefits to doing so. Although you must offer all prospects a rental application and process each one received, there is an advantage to prospects making their own decision not to apply for your rental based on the criteria you’ve set up. The key is to follow the criteria without exception and have the information available if you’re challenged. Decide when you’re most comfortable discussing the criteria — from the first inquiry call, when you actually receive the application, and so on — and once again, be consistent.
The fact that you carefully prescreen all prospects is a positive factor not only for you but also for your rental applicants, your current tenants, and even the neighbors. In fact, you have a responsibility to your current tenants to weed out the unqualified tenants with a track record of disrupting neighbors. The good rental prospects will appreciate the fact that their neighbors had to meet your high standards, too.
If you’re in the rental housing business for long, you hear about six-figure or larger legal awards against rental property owners for violating fair housing laws. Problems often arise when investment property owners are unaware that their policies or practices are discriminatory. Families, children, and folks with disabilities often suffer from this lack of knowledge. Federal and state laws prohibit discrimination, and these laws impact your advertising, tenant screening, and selection process.
Discrimination is a major issue for investment property owners and has serious legal consequences. If you don’t know the law, you may be guilty of various forms of discrimination and not even realize it until you’ve been charged with discrimination. That’s why knowing the law is so important.
With residential rental properties, another form of illegal discrimination is steering — guiding a rental applicant toward living where you think he should live based on race, color, religion, national origin, sex, familial status, handicap, or any other protected class. Not showing or renting certain living units to a person because of their protected class status is one form of steering; however, so is the assigning of any person to a particular section or floor of a building, because of any of those bases. Advertising or promotion that indicates or implies a preference is also discriminatory.
Residential rental property owners often have good intentions when they suggest that a rental prospect with children see only rental units on the ground floor or near the playground. However, such practices are a violation of current federal fair housing laws as they restrict housing options and can be used by some unscrupulous landlords as an excuse or justification to cover up their intentional discriminatory actions.
All residential rental properties must be offered to all applicants, including those with children, as federal and state legislation has virtually eliminated “adult only” residential housing. The only exception to equal opportunities for families is for those residential communities operated in strict accordance with the rules applicable to senior housing, either 55 and older or 62 and older. However, because there’s less regulation of nonresidential properties, some commercial property owners may be within their legal rights to use their business judgment to refuse or discourage an applicant with plans to use the leased space as a daycare or other business that caters to children.
Charging rental applicants with children higher rents or higher security deposits than applicants without children may be found to be discriminatory as is offering different rental terms, such as shorter lease terms, fewer unit amenities, or different payment options. The property facilities must also be fully available for all tenants, regardless of age, unless there is a clear safety issue involved. For example, some states have laws allowing a policy that an adult must accompany children under 14 when using the swimming pool.
The federal fair housing regulations state that property owners must
Note: In housing projects that receive federal funding and are subject to section 504 of the Rehabilitation Act of 1973, landlords will be expected to do necessary physical modification of the premises to the extent that doing so isn’t an undue financial or administrative burden.
Discrimination against people with disabilities in residential housing is covered in the federal Fair Housing Act. However, in July 1990, Congress passed the Americans with Disabilities Act (ADA), which has far-reaching impact on most commercial and retail real estate. The ADA has limited requirements for many rental property owners, because it applies only to the public areas and not the private or common areas of residential properties.
Under the ADA, all areas of a property to which the public is invited must be accessible by individuals with disabilities. For example, a rental property with an on-site office, model units (and other amenities if they’re allowed to be used by the public, like a clubhouse used for a polling place, or a pool used for YMCA swim meets) must be accessible to persons with disabilities. The removal of existing physical barriers at the rental property owner’s expense is required whenever it’s “readily achievable and technically feasible.” The ADA also establishes parking requirements if the residential property provides public parking, such as prospective resident spaces.
The ADA applies to all commercial properties and to the public part (if any) of a residential property. The ADA rather than fair housing law controls any parking for prospective residents or an on-site office. If the public uses other parts of the property (versus the common areas used only by residents and their guests), those areas are always subject to the ADA. The ADA doesn’t include a grandfather clause. Owners are required to remove barriers to accessibility, but they aren’t required to make changes if they aren’t reasonably achievable or technically feasible. Professional complainants seek out ADA violations in both residential and commercial rental properties, so know what accessibility requirements apply to your property.
Many local municipalities work closely with HUD to investigate ADA complaints and handle enforcement. Also, local jurisdictions oversee and enforce handicapped parking requirements for multiunit rental properties. Check with your local building and code enforcement office for details.
Residential properties built for first occupancy on or after March 13, 1991, also must have been built in compliance with fair housing construction accessibility guidelines. Those guidelines apply to the common areas and the dwelling units. Older properties that were built in compliance with the building codes at that time of construction need not make those areas accessible unless as part of a renovation project. If changes need to be made to allow residents accessibility, fair housing law requires that landlords allow the individual disabled resident to modify the property as needed.
If you have a no pets policy, keep in mind that fair housing law requires rental property owners to make reasonable accommodations in the form of exceptions to their pet rules if necessary. One specific common accommodation is not having any limitations or not discouraging occupancy by tenants who need a support animal. Companion or service animals that assist tenants with daily life activities aren’t pets; they’re exempt animals and must be allowed in all rental properties, regardless of any “no pet” policies. Fair housing laws also prohibit you from requiring an animal or pet deposit, or increasing the tenant’s security deposit because he has a support animal. Further, you can’t make any rules limiting the types or breeds of animals (for example, allowing German shepherds only) or an unreasonable size restriction. You can, however, establish reasonable rules of conduct for the animals and should note that the tenant is still responsible for any damages done by the animal. Some tenants seek the accommodation of a companion animal based on their need for comfort or companionship, and federal law requires owners and managers to grant the request if the tenant’s claim is verified and reasonable.
Advertising is how you let people know that you have a vacant rental property available. Money intelligently spent on advertising is money extremely well spent. But when it’s done poorly, advertising can be another black hole for your precious resources.
Determine the most desirable features of your rental property for your target market by asking your current renters what they like about where they live or work. You can also ask people who look at your property — whether or not they agree to rent — what aspects of your property they found of interest. Incorporate these selling points into your marketing efforts.
Creating interest in your rental property used to be as simple as putting up a sign or placing an ad in the local newspaper. Although these tried-and-true methods of informing potential renters still often work, other options are available for you to consider. The target market for your rental property has a lot to do with which method of advertising works best for your rental unit. Referrals and property signs often give you good exposure to renters in your local area, whereas newspaper ads and real estate agents may let people or businesses relocating to your area know about your rental property as well. The Internet has become a powerful tool in reaching all segments of your target market.
One of the most time-consuming aspects of owning and managing rental property is the time spent filling vacancies. Real estate investors with commercial properties often use professional leasing brokers, and owners of large residential properties have onsite managers and leasing agents. But residential rental property owners with small properties usually take this on individually, and it can be a huge time trap.
The most efficient approach to showing your small residential rental is to hold an open house — which enables you to show your property to several interested rental prospects within a couple of hours. Select a two to three hour period for your open house that is convenient for you and most working people (preferably during daylight hours). Combining a weekday early evening open house with one on the weekend enables virtually all prospects to fit the rental showing into their busy schedules.
Another benefit of an open house is that many folks feel more comfortable touring a rental property when other prospects are around. They don’t have to be concerned about meeting someone they don’t know in a vacant rental property. This approach also aids your own personal safety.
In a depressed rental market, or if you find that you need to fill a vacancy during the holidays, you may not be able to generate enough interest for an open house for multiple prospects. If you have to schedule individual appointments, keep these points in mind:
When showing a vacant residential rental, be a tour guide but don’t be too controlling. Allow the prospects to view the rental in the manner that suits them. Some prospects go right to a certain room, which gives you a clue about the importance that they place on that aspect of your property. If the prospects hesitate or are reluctant to tour on their own, casually guide them through the rental property.
Commercial properties are typically shown vacant after the prior tenant has vacated, although you may be able to obtain the cooperation of the vacating tenant to show prospects through the suite while occupied. Because commercial tenants almost always require some specialized tenant improvements, it can be more useful to work off of drawings of the space — rather than conduct a physical tour — and have a space planner show the prospect how the space will meet their needs. If you do show an occupied commercial space, just be sure not to disrupt the tenant’s business activities.
In most states, if the current residential tenants are at the end of their lease or have given a notice to vacate, the owner is specifically allowed to enter the unit to show it to a prospective tenant. Of course, you must comply with state laws that require you to give tenants advance written notice of entry prior to showing the rental unit. Your tenant may agree to waive this requirement, but make sure that you have that agreement in writing.
Cooperate with the current tenants when scheduling mutually convenient times to show the rental — and respect their privacy by avoiding excessive intrusions. Although the current tenant may legally be required to allow you and your prospects to enter the rental unit for a showing, he doesn’t have to make any efforts to ensure that the property is clean and neat.
Showing a vacant rental unit is generally much easier, but touring your prospect through an occupied rental property does have some advantages. Your current tenants can be a real asset if they’re friendly and cooperative and take care of the property. The rental prospects may want to ask the current tenant questions about their living experience at your property.
After you’ve qualified your residential rental prospect (see the “Establishing tenant selection criteria” section earlier in the chapter), persuade him that you have the best rental unit available. People want more than just a place to live. Tenants want to feel they can communicate with you if a problem arises. They also appreciate it when someone shows an interest in their lives. By showing an interest, you set yourself apart from other property managers. Some prospects will take a rental unit that isn’t exactly what they’re looking for if they have a positive feeling about the rental property owner.
No matter how closely your rental unit meets the stated needs and wants of your prospects, they often hesitate and doubt their own judgment. Don’t be pushy, but convince the prospects that your property is right for them. After you succeed in this regard, you have to close the sale. This is one area where many rental property owners and managers suddenly get cold feet. They may do a great job handling the initial telephone rental inquiry, the preparation and showing of the rental property, and even objections, but become shy to ask the prospect to sign and commit money.
If, despite your best efforts, the prospect is still undecided, make sure that he gives you a holding deposit. Remind him that you may make a deal with the next prospect and he’ll be out of luck. If you have a lot of demand for your rental units or suites, you should develop a waiting list. (Note: Receiving a large number of applicants may be an indication that you set your rent too low.)
You must offer every interested prospect (age 18 and older) the opportunity to complete a written rental application. You want to avoid having a prospect accuse you of discriminating against him by not permitting him to fill out the rental application. And information provided on the application enables you to begin the screening process and select the best tenant for your rental property, using objective criteria and your rental requirements.
Prior to accepting the rental application, carefully review the entire form to make sure that each prospective tenant has legibly provided all requested information. Pay particular attention to all names and addresses, source of income information, photo identification numbers, and emergency contacts. Make sure that the prospect has signed the rental application authorizing you to verify the provided information and to run a credit report. Finally, ask each prospective tenant to show you her current driver’s license or other government-issued photo identification so that you can confirm that she provided you with her correct name and current address.
After you approve the rental prospect, you should have him sign the rental agreement. If the prospect still insists he needs additional time, he should agree to pay the daily rental rate or you should refund his holding deposit and continue your leasing efforts.
Keep copies of all rental applications and corresponding verification forms, credit reports, and all other documents for both accepted and rejected applicants for at least three years. That way, if anyone ever makes a claim that you discriminated against him, your best defense will be your own records, which will clearly indicate that you consistently applied legal rental criteria. Here are the key items to review on renters’ applications.
Require each prospective adult tenant to show you his or her current driver’s license or other similar (and official) photo ID so that you can confirm that the applicant is providing you with his correct name and current address. Advise each rental applicant that if his application is approved, you’ll need a photocopy of his ID to be kept in his tenant file.
Ask about any discrepancies between the application and the ID provided. Even if the explanation seems reasonable, be sure to write down the new information. Maybe an old address appears on the photo ID, which you can check out further through a credit-reporting agency. Having a photocopy of the ID for each adult tenant is vital if a dispute about the tenant’s identity arises in the future. In these situations, you need to be able to clearly show that you positively identified the tenant at move-in.
When you first contact the rental applicant’s current landlord, listen to his initial reaction and let him tell you about the applicant. Some landlords welcome the opportunity to tell you all about your rental applicant, but some current and prior landlords may be
When a current or prior landlord isn’t overly cooperative, try to gain his confidence by providing him with some information about yourself and your rental property. If you’re still unable to build rapport, try to get him to at least answer the most important question of all: “Would you rent to this applicant again?” He can simply give you a yes or a no without any details. Even better, we suggest that you ask specific fact-based questions that can be answered honestly, such as “Did you have an noise complaints or police calls to the unit?” or “Did they pay the full rent on-time each month?” Of course, silence can also tell you everything that you need to know.
Independently verify the company information and phone number the applicant puts on her application if you have any doubts about the authenticity of it. You also need to be careful that you confirm the sensitive compensation and stability of employment questions only with an appropriate representative of the employer. Be prepared to send letters requesting the pertinent information and include a self-addressed, stamped envelope. Be sure to tell your rental prospect that you may have a delay in providing her with the results of your tenant screening process.
In addition to the results of your verification calls, the applicant should provide you with proof of her employment income such as recent pay stubs. But no matter how strong the information is, verify it directly with the employer. Also verify other sources of income. For prospective commercial tenants, a copy of the most recent tax return is your best method of verifying income.
Obtain a credit report on each applicant. A credit report shows all current and previous credit cards and loans, timeliness of making payments when due, plus all public record entries such as bankruptcy and judgment. You can figure out whether an applicant has been late or delinquent in paying his rent or other living expenses. The three major credit reporting agencies are Experian (www.experian.com
; 888-397-3742), Equifax (www.equifax.com
; 800-997-2493), and TransUnion (www.transunion.com
; 800-888-4213). Credit information for commercial tenants can be found in the D&B database (www.dnb.com
; 800-234-3867).
Information obtained in credit reports must be kept strictly confidential and can’t be given to any third parties. In some states, the rental applicant is entitled to a copy of his own credit report upon request, and federal law allows anyone denied credit or housing on the basis of his credit report to obtain a free copy of the report.
You will occasionally find someone who tells you that the rental applicant is her best friend but goes on to candidly tell you she would never loan the applicant money or let him borrow her car. Plus, if you call the references given and find that the information is bogus, you can use this information as part of your overall screening and rejection of the applicant.
If your rental prospect doesn’t meet the criteria outlined in your statement of rental policy, you may consider approving his application if he provides a cosigner or guarantor. A guarantor must be financially qualified and screened or the guarantee is worthless.
Require your guarantor to complete a rental application, pay the application fee, and go through the credit screening process (previous rental history isn’t relevant for a co-signer because it’s with the applicant). Keep in mind that the guarantor won’t actually be occupying the commercial suite or living at your rental unit and thus will have his own housing costs. To ensure that the guarantor can meet all of his own obligations and cover your tenant’s rent in case of a default, deduct the guarantor’s cost of housing from his income before comparing it to your income requirements.
Regardless of whether your rental applicant is accepted or rejected, be sure to notify the applicant promptly when the decision is made. If you have approved the applicant, contact him and arrange for a meeting and a walk-through of the rental unit prior to the move-in date.
One of the most difficult tasks for the rental property owner is informing a rental applicant that you’ve denied his application. You obviously want to avoid an argument over the rejection, but even more importantly, you want to avoid a fair-housing complaint based on the applicant’s misunderstanding about the reasons for the denial.
Notify your denied rental applicant in writing, and keep a copy of all rejection letters for at least three years. If you notify the applicant only by phone, you may have difficulty giving all of the details and required disclosures. The written notice-of-denial-to-rent form avoids a situation in which the applicant may form the opinion that you’re denying his application in a discriminatory manner, in which case he may file a complaint with HUD or a state or local fair-housing agency.
Using a notice-of-denial-to-rent form to inform the applicant in writing of your decision as well as outline the valid reasons is an excellent idea. This form helps you to document the various legal reasons for your rejection of the applicant. It’s a simple checklist that also allows you to provide the applicant with the required information per the federal Fair Credit Reporting Act.
If you reject an applicant based on his credit report, you’re required by the federal Fair Credit Reporting Act to notify the applicant of his rights. Provide the denied applicant with a letter containing the mandatory disclosures so that you have proof that you complied with the law. You must also provide this information even if you have approved the applicant but have required him to pay a higher security deposit, higher rent, or provide a cosigner.
If your denial is based on something other than credit, then a written notice isn’t required, but it’s still advisable to send a letter or at least tell the applicant that he can send you a written request asking for a reason.
Tenants and property owners alike are usually aware of all the legal paperwork involved in renting a property. And although sifting through all that legalese isn’t fun for anyone, it’s important. Rental property owners and tenants each have specific legal rights and responsibilities that are outlined in these documents, and being aware of what you’re agreeing to — and being sure that your tenants know what they’re agreeing to — is crucial.
After you approve the rental prospect, you should have her sign the rental agreement. If the prospect still insists she needs additional time, she should agree to pay the daily rental rate or you should refund her holding deposit and continue your leasing efforts.
In your meeting prior to move-in, be sure to collect the first month’s rent and the security deposit before you give the tenants the keys to the rental unit. Payment may be in the form of cash, a cashier’s check, or a money order. But don’t accept a personal check (because you have no way of knowing whether the check will clear). Provide a receipt for the payments.
Prior to giving the keys to your new tenant and allowing him to take possession, insist on having the payment in hand through good funds (as opposed to insufficient funds, where a person writes a check and doesn’t have the money to cover it). Most owners do this by requiring cash, a bank cashier’s check, or a money order. But many rental owners aren’t aware that both bank cashier’s checks and money orders can be stopped because they can be lost or stolen. However, the bank cashier’s check and money orders are superior to personal checks because they do represent good funds and at least won’t be returned to you because there was no money to cover them.
The number one source of residential tenant/landlord disputes is the disposition of the tenant’s security deposit. Many of these potential problems can be resolved with proper procedures before the tenant takes possession of the rental unit by using a move-in/move-out inspection checklist.
When properly completed, the inspection form clearly documents the condition of the rental property upon move-in by the tenants and serves as a baseline for the entire tenancy. If the tenant withholds rent or tries to break the lease claiming the unit needs substantial repairs, you may need to be able to prove the condition of the rental unit upon move-in. When the tenants move out, you’ll be able to clearly note the items that they damaged or left unclean.
For residential properties, almost every rental unit has the potential for renovation or upgrades. Often this area is where the real value can be created in rental units: When you have a rental unit that is dated, you can renovate it and increase the rent. Pay particular attention to those items that would be quick, easy, and inexpensive to replace but that can really improve the overall look of your rental unit.
Again, if your chosen investment properties are residential, keep in mind what features and strengths your prospective renters can find in competitive rental units. For example, if most of your competition offers dishwashers but your unit doesn’t have one, you may want to install a dishwasher so that you remain competitive. Another simple upgrade is to replace your old electrical switches and outlets to create a more modern look.
Make sure that your rental prospects’ first impression of your residential or commercial rental property is a positive one, because if it isn’t, they’ll most likely never take the time to see the interior. Start at the street and carefully critique your property as if you were entering a contest for the best-looking property in your area.
First impressions are critical and one of the key areas seen by all prospective tenants is the front entry. Ensure the entryway is clean, well kept, and well lighted. The entry door should be cleaned or freshly painted or stained. Buy a new welcome mat. Remove or replace a broken screen door.
The most qualified renters always have choices. You’re in competition for these excellent tenants, and you need to ensure that your rental stands out from the rest. The positive first impression of your rental property’s exterior won’t matter if the rental unit’s interior is poorly maintained.
Particular maintenance and improvements are best handled by outside contractors. Use outside contractors for those trades that require specialized licensing or training. For example, it would be unwise for you to act as an exterminator or a contractor dealing with environmental hazards, or to attempt to recharge the coolant in an air-conditioning unit. Specific regulations are in place and unique knowledge is required in these areas.
Your skill level, time constraints, and opportunity cost may help determine whether you do some chores yourself or hire a pro. For example, cleaning, painting, and light maintenance may be items that you feel qualified to handle and can complete promptly.
Regardless of how much work you choose to handle yourself, have on hand a list of competent and competitively priced service companies and suppliers for those times when you need a quick response. Your local affiliate of the National Apartment Association (NAA), the Institute of Real Estate Management (IREM), or the Building and Owners Managers Association (BOMA) can often provide names of service companies. Carefully check the references and the status of any bonds or licenses with the appropriate governmental agency, and ensure that they have the proper insurance in place before you allow them to commence any work on your property.