landlord (4)

Top Renting Out Tips for First Time Landlords

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Deciding on renting out your home or condo is no easy task. It requires patience and perseverance, and a lot of responsibility. You do not just find a tenant and let it be. You need to ensure that you obtain the right person to rent out your place at a rate you specify. However, if you play your cards right, renting out your place and becoming a landlord can be rewarding and a good way to make money without selling your real estate property. For first time landlords, coming prepared requires that you do your homework before renting out your property. To get your wheels turning, here are some important renting-out tips to guide you by.
Tip #1 – A Well-Prepared Property Attracts Numerous Renters
It is important to comply with required standards as prescribed by the law such as structural repairs, adequate ventilation and heating, safe electrical system, and other stipulations. Keep in mind that well-kept properties often get the highest nod among potential renters and, often, earn huge respect, too.
Tip #2 – Learn Your Landlord Obligations Properly
There are stipulated obligations required from landlords. In most states, the need to register your property for tenancy is essential for tax requirements. One of your main responsibilities, however, is to ensure that your tenant have a safe and functional living space. This means your rental property must have passed the specified standards stated by the federal and local housing code. This means plumbing, electrical and structural system, lighting, ventilation, and security systems must be in place. Repairs and maintenance must be shouldered by you, thus, when reimbursable when paid by your tenant. Keep in mind to give adequate notice of termination when you plan to cut-off the lease on your property.
Tip #3 – Learn About Your Rights
Never go to war uninformed of the terrain. As important as your obligations, you need to also know about your rights. This means receiving correct rent on stipulated due date, receiving added charges according to lease contract, annual review of rental contract, be informed of damage or any problems in the property, and subsequently, be given due notice on any planned repairs or home improvement.  Protect your rights by putting this into writing. As a rule, make sure to have a valid contract before setting out a lease on your property.                                                   
Tip #4 – Always Check Tenant’s Payment Ability
Of course, your priority is to gain substantial income from your hard-earned investment. It is wise to check if your tenant can pay-up your rental rate. A reference from previous landlords or employers is a wise move. If you plan to accept students, call in the attention of parents or guardians as guarantors for the lease.
Tip #5 – Better Be Insured
Consider having a rental home insurance. This ensures that your home’s structure, medical expenses, legal fees and loss of rental income is covered when needed. Encourage your tenants to buy an insurance suited for them as renters, too.
Tip #6 – DIY or Professional Real Estate Agent
Advertising a rental property on your own may sound a noteworthy job but it can also be quicksand if not handled right. For first-time landlords, having the assistance of professional real estate agent can help cut down cost involved while increasing your chances of finding a tenant quickly and efficiently. Most real estate firms or independent agents usually do background checks on potential tenants to protect their reputation in the market. If possible, choose one which can also perform managerial functions for your property.
Renting out your home for the first time can be both exciting and overwhelming. This, however, is one lucrative deal that you should not miss if you have a house, a condo, an apartment or even a room to spare. In all these, having a professional (attorney, accountant and real estate agent) to give you sound advice and point you to the right direction will ensure great rewards.
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photo credit: janet.powell via photopin cc

Things to Consider Before You Add "Landlord" by Your Name

(Investment Properties: Part 2 of 5)

Owning investment property has been a proven means of gaining wealth. However, it is not as passive as some information marketers would have you to believe. Here are some items to think about before jumping in to the world of landlords.

Handling Repairs

All homes need maintenance and repairs. It does not really matter how old the home is, whether it is brick or wood or even a modular home. To protect tenants most states have adopted laws that favor the renter when repairs are not made in a timely manner. If you are handy with tools and have a knack for being able to fix anything that breaks then this may not be a major issue.

However, if you have a full time job, a family and you are not comfortable with most repairs then you will need to decide how to handle the roof leaks, toilet overflows and broken appliances that come from owning a home. You can choose to use a property management company that will handle all the repairs for you and simply bill you. Or you can contract with your own handyman service.

Managing Tenants

The majority of tenants will pay the monthly rent and treat the place as if they actually owned it. However, a small percentage of people can cause a large number of problems. Lack of maintenance can lead to mold and mildew throughout the property. However, major problems like parties that attract police, illegal activities that end up on the news and major damage to floors, ceilings and walls can cause a nightmare for even the most patient person. Some people have the personality to handle this kind of stress while others want no part of the problems.

Collecting Money

It is highly likely that at some point you will have to call on your tenants, either on the phone or in person, and get them to pay for their past due rent. This is just a fact of being a landlord. With these situations comes a need for good judgment. Some people really do run in to bad luck and simply need a few more days to pay the rent. Others are either poor money managers or simply lazy and refuse to pay their obligations on time.

Evictions

It may seem on the surface that evictions favor the landlord. Once the renter has stopped making payments then the landlord simply makes a plea to the local court to have the person(s) removed.

However, things are not that simple. First, you will lose a month’s rent waiting on the tenant to pay. If the court system is backed up then you may have to wait another month to get a hearing date. In the meantime the renter can leave a major mess behind that requires extensive cleanup and possibly new paint and carpet. Once again, as stated before, the majority of tenants will pay on time and not cause problems. But an eviction can be problematic and expensive and you need to be prepared for it.

Investment/Rental Properties (5 Part Series)

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Ohhhhh the Moratorium

Its been about 5 years since I started in this REO indurstry.  Progressively, the game has changed and things have become harder and harder to deal with on a small level.  I have 18 employees and 20 sales agents, so we get it all done here.  But now, during the same time every year, we have these 2-3 weeks of nothingness.  What I don't understand is why there is a moratorium?  Listen, I have a heart, and I understand people do fall onto bad times, but c'mon.  You took out a mortgage a few years ago, that you, your wife, your children, you parents, friends, etc all knew you couldn't afford.  But, it was the "american Dream" so you did it and never looked back, until you couldn't make a payment anymore!  IF you are a tenant of a foreclosed property, I truly feel for you, and I will do anything I can to help you out during these times.  I have tenants all the time who tell me they have been making their payments for 2 years and they cant understand how this happened.  You DESERVE CASH FOR KEYS.  

 

So now what, the banks out the 300k they gave you, your living in a house that you don't pay for, the bank is paying your taxes and utilities, and you cant even leave the house in good shape when you leave!  Show some pride and be amicable and get out when you stop paying!  There is no reason a bank should have to pay you a Cash for Keys of even a dollar!  You should just leave!  Lets think about this logically, I buy a car for 50,000.  I pay 5,000 up front and i'm left with a payment of about 1,000 a month.  If I stop paying for the car, does the car company come to my house and offer to give me THOUSANDS of dollars to give them the car back?  No, they hire a tow truck company, and come take the thing off my driveway!!

 

On top of all the ridiculousness of people living in houses that they cant afford, I am a born and bred New Yorker.  In this lovely state, we are referred to as an "Attorney State" and a "Landlord State".  So, on average, it takes about TWO YEARS, yes TWO YEARS, to get a foreclosure completed here.  So thats TWO YEARS of not making a payment to the bank, before they can even have the DEED for the property!!!  Then if I still don't want to leave, guess what?  I can usually stay another 1-3 years while the LANDLORD (The foreclosing bank) tried to EVICT me!!!  So in essence, I can live in a house, with NO EXPENSE, for 3-5 years!  Why on EARTH does it take this long?  And then, to top it all off, the banks are nice enough to stop "evicting" people during Thanksgiving, and this year between December 20th-January 3rd.  Now, although it seems like the "right thing to do", if the eviction of a homeowner happens to fall during that time, let them go live back home with their parents until they can afford to move out, OR use the past 3-5 years of mortgage, tax, utility payments that you have NOT made, and go rent a place you can ACTUALLY AFFORD!!!

 

I guess I would really just like to see the 7.5 million houses that are in the backlog (The gloomy shadow inventory) come to market.  Maybe we can actually stabalize the housing prices if we sell off the homes we need to in order for the market to correct itself.  :)

 

 

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FORECLOSURES AND RESIDENTIAL TENANT RIGHTS

Purchasers at foreclosure need to address new legislation that went into effect May 20, 2009 called the Protecting Tenants at Foreclosure Act of 2009 (note: it is Title VII in this link). There is still the advance rent and security deposit issue as the ACT does not address how the tenant can protect itself from the loss of those monies.New new Act is very broad and effectively covers every residential mortgage in every state. It does NOT apply to tenancies that are not "bona fide" - and that definition is also very broad. For example, if you are in foreclosure and the tenant is your child, the Act will NOT apply.The key is when was the lease entered into - was it before or was it after the foreclosure was filed? If it was before the lease was signed, then it takes precedence over the mortgage foreclosure and the tenant cannot be evicted because fo the foreclosure - provided the tenant does not breach the lease. The ONLY exception is if the buyer is purchasing the property as its PRIMARY RESIDENCE, in which event the 90 days.If the lease was after the foreclosure, then the tenant can be evicted 90 days after notice to vacate is given by the NEW owner after the foreclosure sale. In essence, any lender must give any bona fide tenant 90 days to vacate the premises AFTER the lender or any other buyer at a foreclosure sale acquires title to the property. Of course some state tenant laws still apply, for example, if the prior Landlord (the foreclosed owner) had given a notice to vacate prior to the foreclosure sale occuring (because of a tenant breach) in which event that notice start date would remain applicable.The HUD explanation is simple regarding the notice to vacate:(1) The advance notice applies to tenants in any foreclosed dwelling or residential real property, regardless of the type of loan or other security interest on the property.(2) An advance notice of 90 days is the minimum period of notification. A longer period may be provided, for example, if greater protections are provided by state or local law.(3) Responsibility for providing the advance notice to tenants falls on the immediate successor in interest of the property, which will generally be the purchaser.(4) The notice must be given to anyone who, as of the date of the notice of foreclosure, is a bona fide tenant, whether or not there is a lease.A detailed analysis of the Act is found at: PROTECTING TENANTS AT FORECLOSURE: NOTICE OF RESPONSIBILITIES PLACED ON IMMEDIATE SUCCESSORS IN INTEREST PURSUANT TO FORECLOSURE OF RESIDENTIAL PROPERTY.Remember that during the remaining term of the lease or the 90 days notice period, the terms of the lease still apply - the tenant obligations to maintain the premises, pay rent, etc. must still be adhered to by the tenant or they can be sued and evicted by the new owner! This new law is NOT a free ticket for tenants!!!!It is important to recognize that the new law is only a starting point - STATE LAWS that provide greater protections are still in place and will override the new federal law. I would also note that if the lease term was finished before or during the 90 day period, the lease term is NOT extended by this law and normal state remedies for holdover tenancy would be in effect.MISSING SECURITY AND ADVANCE RENT PROTECTION FOR TENANTS -The ACT does not provide any monetary protections that I spoke about in my previous article and therefore the game plan in that article still applies. The problem is that most tenants gave to the original landlord last month's rent and a security deposit. The new owner has no responsibility to the tenant for those monies!!There can be other more imaginative ways to proceed - but remember that because the old landlord that lost the house isn't the owner anymore does not mean that you get a free 90 day pass to live in the house (althought that is how it is likely to pan out for new owners). The new owner can sue the tenant for unpaid rent for the 90 days. That leaves the tenant in a conumdrum of how to recover the deposit and advance rent and that is why participation in the foreclosure suit with a request to the court to deposit monies to the court registry is going to be the best legal route a tenant can take to demand and get fair treatment regarding its financial obligations. My suggestion is to get involved as a tenant in the foreclosure suit when served with the foreclosure summons and complaint. You may want to seek the advice of an attorney in your State when doing so.Copyright 2009 Richard P. Zaretsky, Esq.Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader.Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 RPZ99@Florida-Counsel.com - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com New Website www.Florida-Counsel.com. See our easy to find articles at TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES.
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