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Study up before becoming
a landlord
Leah Gliniewicz
Becoming a landlord can be a good way to make money
if you play your cards right. But it doesn't happen overnight. Be
prepared to do some homework before you get started, or you could
lose money when you move and place your home on the rental market.
The price is right
If you live in an area governed by a homeowners association,
make sure the association allows rentals. If renting is an option,
one of your first tasks will be setting a rent price. Landlords
usually get a rough idea of rents in their area by looking at newspaper
classified ads, says Robert Cain, publisher of the Rental
Property Reporter in Portland, Ore.
You've been living in the home, so you know what it
costs to run and maintain it. Can you rent it for enough to cover
those costs? Can you even make a profit? If not, you might want
to consider selling the property.
According to the U.S. Census Bureau, 38.4 million
homes were rented during the fourth quarter of 1999 -- that is about
a third of all homes.
Keep in mind that local laws may cap rent amounts
and rent increases, so check with your state's housing services
or consumer affairs office before making a final decision to rent
out your property.
Making the leap
Joining a local apartment
or landlord association can help you stay current with landlord-tenant
issues. An association can tell you where vacancies are, enable
you to talk with other landlords and provide state-specific lease/rental
agreements.
Bill Moore, chief executive officer and president
of Landlord.com in the San Francisco
Bay area, says you can have a prospective tenant fill out any application
form as long as it asks for the information you want. You need to
make sure, however, that the lease or rental agreement upholds state
law. Forms dealing with an eviction, a rent increase, or entering
the dwelling also vary from state to state.
Know the law
Even though laws vary from state to state, Cain says
essentially there are two landlord-tenant laws that are the same
everywhere: tenants have all the rights of ownership except the
right to sell the property or will it to someone. And the tenant
has the right to live on the property as long as he can pay the
rent. But he says tenants never have the right to trash the property.
Cain says a landlord is required to keep the property
in a habitable condition, which means you have to have working locks
on doors and windows, working heat and a roof that doesn't leak.
But check your states' laws regarding landlord repair and maintenance
responsibilities.
Also, know the terms of the U.S. Department of Housing
and Urban Development's Fair
Housing Act, which prohibits discrimination according to race
or color, national origin, religion, sex, familial status, and handicap
or disability.
Find tenants
Prior to interviewing tenants, it is important to
know the discrimination laws and what questions you're permitted
to ask the tenant. It may not be a good idea to rush through the
tenant-selection process. Compile a set of criteria or standards
to help you decide who would be a good tenant. Make sure applicants
know what the standards are when they apply.
"I've talked to so many landlords who are just up
to their nose in it because they've been stupid," Cain says.
Moore says you may want to set standards for the number
of occupants, rent price, pets, security deposits, who pays utilities,
minimum income requirements and whether you take HUD Section 8 participants.
The housing authority gives economically disadvantaged people certificates
or vouchers that guarantee the government will pay a portion of
their rent.
| Standards to consider |
| Income -- You can set a minimum. A common
criterion is a gross income that equals at least 3.5 times the
annual rent amount. You can require that other bills, such as
contracted debt (rent, credit cards, etc.) not exceed a specified
amount, but contracted debt can not include such things as utility
bills, cable bills, etc. when doing the math. |
| Employment or income stability -- Lenders
require at least two years in the same line of work to buy a
home. You can require something similar. |
| Length of time at last residence -- Preferably
at least two years at the last residence. |
| Evictions -- If the tenant has been evicted,
you may not want him. |
| Home life -- You can take into consideration
the length of time at the last residence, or complaints from
previous landlords or neighbors. |
| Number of occupants |
| Number of vehicles |
| Smokers vs. non-smokers |
| Bad credit -- A tenant who does not pay
someone else may not pay you either. Look for consistently late
payments and collections. |
| Unverifiable information -- If you can't
verify what the applicant has written on the rental application,
do not rent to him. |
| Source: Jon Petrie, author of Landlord Secrets |
When you find a prospective tenant, and they meet
your criteria, the next step is to screen the applicant. This can
include performing a credit report check, searching public records
to see if the applicant has a felony conviction, verifying past
employment and contacting previous landlords. Moore says long-term
tenancy shows stability, and a good tenant always pays on the first
of the month.
Cain suggests asking for identification from the applicants
so you can make sure the address on the ID matches the address on
their application.
"The business the landlord is in is to provide housing.
Many times they forget landlording is a business. There are only
two times when a landlord gets in trouble," Cain says. "When he's
in a hurry and when he feels sorry for somebody. The bad tenants
have these incredible sob stories that may or may not be true."
If you'd prefer not to find a tenant yourself, there
are tenant-screening services whose cost can range from $3.95 to
nearly $100 for a full report on a married couple.
Yet, even a good tenant can go bad. So is it safer
to rent to a friend or relative than a stranger?
You've got a friend
Jon Petrie, author of Landlord Secrets,
cautions against renting to friends or relatives: "Well, you tend
not to look at it from a business standpoint. What you would like
to have is an arm's-length transaction. Then you are not obligated
to anybody for anything."
By the same token, if you become friendly with your
tenant, Petrie cautions against letting the tenant work on the unit,
even paint the walls.
"If they make repairs on the house and somebody injures
themselves, you could be liable for that," Petrie warns.
Vacancy filled
State laws vary regarding rent due dates and collection.
But if you're lax in the beginning, you can have trouble enforcing
the lease later. For example, Cain says if you accept rent late
then turn around and try to enforce the initial due date, then you've
already waived your right to require the tenant to abide by the
rental agreement.
If you eventually find out that you've rented to a
bad tenant -- such as one who is in arrears on rent or posing a
danger to others -- don't let the problems get worse.
"It's important as a landlord that if you've rented
to someone you should not have that you take action immediately,"
Cain says.
If you treat being a landlord as a business, then
good customer service for good tenants wouldn't be a bad idea either.
"Take really good care of your good customers because it costs seven
times more to find a new tenant than an old one," Cain says. Perhaps
give them gifts at lease renewal time to let them know they're appreciated.
Hiring out
If you're leasing your home out-of-state and you can't
manage the property on a regular basis, you may need to consider
a property manager. Property manager duties can include cleaning
and showing the place, taking maintenance calls, and collecting
rent. Costs can be as much as 10 percent of the monthly rent.
"[Property managers are a good idea] if you don't
feel competent enough to handle it and think you'll blow it," Cain
says. Such an arrangement might allow you to watch what happens
in an eviction without having to do it yourself.
Eviction/termination
If a landlord wants to remove a tenant, he first terminates
the lease and then evicts the tenant. Termination is notice from
the landlord that the tenant has to move out by a certain date.
There are different types of terminations that vary depending on
state law.
Eviction is a legal process in which the landlord
has to justify in court why the tenant has to move. Cain says evictions
are costly, and in some places you will have to hire an attorney.
States have specific laws outlining the eviction process, and if
the landlord doesn't fulfill requirements, they could lose the eviction
case. Cain says the most common way to lose an eviction is by filling
out forms incorrectly or harassing the tenant. He says you can't
bother a tenant once you have filed an eviction.
"It's really upsetting," Cain says, "to have to do
an eviction -- both for the landlord and the tenant."
-- Posted: March 29, 2000
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