By Colin McCarthy, J.D., Robinson & Wood, San Jose, CA

As everyone knows, Monty Python and the Holy Grail is the greatest movie ever made. Especially for the scene involving the Killer Rabbit of Caerbannog. In it, several of the Knights of the Round Table are cut down in a blood bath by a particularly vicious, cute, cuddly white bunny rabbit. Why? They were not aware of its dangerous propensities! Their Scottish guide tried to warn them before the unlucky Knights marched into certain death. He tried, but they wouldn’t listen.*

We have already discussed the issue of control as being the hook on which a landlord will/can be liable for injuries related to property. If the landlord has control over the property in question, and could have taken steps to prevent an injury because of that control, they will not be able to avoid responsibility for injuries related to dangerous conditions on that property they control. Which leads to the obvious question: What about dogs?

Well, I mean animals. Cats, Parakeets, Vicious bunnies, etc. What’s a landlord to do about these animals? Well, again, it’s all very clear. It depends on how dangerous the particular animal is, what the landlord knows, and where the animal is.

If the animal is not on property the landlord controls, there is no duty. This is in accord with our earlier control discussion. However, if the animal is a permanent guest of the landlord’s tenant, the issue is two-fold:

1. The animal’s dangerous propensity.

2. The landlord’s knowledge of the same.

Regarding the first, the question focuses on the animal’s tendencies. Is it a vicious animal, i.e. does it have known behaviors that are likely or have a tendency to cause harm? For example, dogs that bite are construed as vicious. Even dogs which are unusually large and happy, that create a fall hazard, can be construed as being dangerous.

This was the issue in a case that I litigated a long time ago. The whole issue was whether a large dog had a known propensity to greet visitors in a particular fashion which subjected the visitors to a fall risk. The plaintiff was so greeted and injured herself. The issue was prior knowledge of the propensity and whether it was dangerous. The dog owner was the defendant, but the landlord might have been liable, IF . . .

The landlord had knowledge of the tenant’s animal’s dangerous propensities. If they had no knowledge of the animals, the landlord is not likely liable. If they did know, then they may be found liable for – wait for it – not removing the animal by evicting its owner. It is the failure to use reasonable care in this regard, if it leads to injury to a third party, which attaches liability.

The Scottish guide, in the Holy Grail, who had knowledge of the bunny’s dangerous propensities, did what the law might require of a landlord in California. He warned of the animals dangerous propensities. Had the guide owned or controlled the property on which the dangerous bunny was present, he could’ve and maybe should’ve evicted that owner, and thus protected any visitors to the premises from its vicious attacks!

* After several knights were felled by the vicious bunny, the rest of the knights and King Arthur had to resort to the old reliable: Holy Hand Grenade of Antioch.

This blog submission is only for purposes of disseminating information. It does not constitute legal advice. The statements in this blog submission do not necessarily reflect the opinions of Robinson & Wood, Inc. or its clients. No attorney-client relationship is formed by virtue of reading this blog entry or submitting a comment thereto. If you need legal advice, please hire a licensed attorney in your state.

By Linda Day Harrison, theBrokerList, Chicago, IL

In the history of property ownership and property management, as far back as the Stone Age (maybe not that far back), we have always called our customers “tenants” and for some reason it just stuck like glue. We can try to shake the term, but no matter how we spin it, turn it, or twist it the relationship comes back full circle to calling them “tenants” and not customers. It is rather maddening to say the least. Even though I preach this and believe it, I catch myself using the term because nobody understands who I am speaking about when I say “customer!”

What drives me batty is that when you consider all of the blood, sweat, and tears we put into marketing, promotions, “tenant” retention, newsletters, “tenant” parties, and “tenant” appreciation, why do we not refer to our “tenants” as customers? It just does not make logical sense.

If you go to Disney World, the tourists are called “guests” NOT “tourists”! Disney had a good idea and they pushed that idea so hard that it is ingrained in everybody, including the “guests!” If you have ever been to Disney World or Disney Land you know what I mean. The point is Disney believed that each person who entered “the property” was a guest and NOT a tourist or even a customer. Disney wants everyone to feel special and privileged, just like a guest.

So back to my original point, why in our industry of property management, do we not refer to our valuable tenants as customers? I think we need to understand this concept; even if we are stuck on the word “tenant” the meaning still needs to be customer. As an industry, let us all put the word “customer” back on the table. First of all, let’s start with who our customer is, as that may be the core of our problem. The conflict now arises in your mind because you are all thinking, “Wait a minute Linda, the owner of the property is my customer too!” Yes, that is correct and that is a fact for us as property managers. Without our property owner, we have no job! So, our property owners are customers as well. Now there is a pull and tug for some of us. It may also cause a debate. Which customer do you please or better yet which customer is more important?

The answer is quite simple. You do what makes both customers happy! Yes, it is actually achievable. Okay, so there are exceptions to everything, but for the most part, if your customers are happy, your other customers are happy too!

How? Well for instance, every single time a customer (tenant) moves in, your customer (property owner) is happy. Now, the job is to keep that customer (tenant) happy so they do not move out. Again, that is keeping your customer (property owner) happy. What is the point of doing all of the work to keep a customer (spending money on improvements, marketing, and signs), and then they move out of your property because of something you control? So what does this boil down to? Customer service, of course! Customer service is the core of it all. You can twist it, turn it, tweak it and maneuver it, but no matter what you say or do, good customer service will always win! Is it easy? Absolutely not! Nobody said our jobs were easy. Remember, if it were easy, they would not need us. (Read Circle of (A Property’s) Life).

However, no matter the difficulty, your job must be done to the best of your ability; with the talent and the cards you have been dealt. You owe that to your customer (property owner), and by contract you are legally obligated to deliver those services. The same holds true for the other customer (tenant) because they too have signed a contract (lease). Funny how there are so many parallels to these business relationships.

For example, if you manage a building that was built in 1904 you cannot expect it to perform like a building that was built in 2012! So if you think your building is old or tired and needs upgrading, you are probably correct. However, it should still be impeccably clean, painted, safe, and in good repair. No it is not high-tech or state of the art, but those occupying the property and those who own the property expect you to do the best you can with what you have! In other words, if you know who your customer is at all times, you can deliver what the customer needs and cater to what is there, not what is not there.

Now that you understand these simple points you need to go back and think of ways to deliver the excellence. Every single day we need to ask ourselves and our team, “What have we done for our customers (tenants and owners) today?” Make this a question your entire team thinks about. What is it that you can do around your property that would actually please your customers? For a property owner customer it may be timely information, accurate reports, 100% occupancy, community awards, maximization of real estate value, and return calls, etc. For the tenant customer it might be clean common areas, friendly staff, responsive maintenance technicians, follow up, etc. In any case, no matter what type of property it is and no matter its age, there is always room for improvement. Just keep the focus on customer service every single day, and you will naturally begin to deliver the excellence all of your customers expect!

By Colin McCarthy, J.D., Robinson & Wood, San Jose, CA

I once lived in a house in downtown San Jose that was next to an abandoned “historic” house. The house was only abandoned because it was “historic.” The city had an ordinance that prevented the owner from demolishing the building and rebuilding it, or selling it. Because the house was built before a certain time, the city ordinance prohibited him from doing anything with the property other than fixing it up. Rather than doing that, in protest, he did nothing with the property. And I mean nothing, other than board it up.

Mistake! You see it was downtown San Jose. It was right in the middle of urban, night time activities. The abandoned home soon became a sort of an attractive spot for the seedier and less fortunate souls. We frequently had to call the police. There were the typical late night guests, drinking, broken glass, and other non-printable activities going on in there. After enough of these visits, the neighbors reported the landlord to the city, and hearings were held. Fines were levied. Landlords got mad. Fences were put up.

Pulling the restrictive ordinance and the obstinacy of the landlord out of the equation, the landlord had a duty to know what was going on at his property. He should have inspected it, even if he did not have tenants.

What kinds of things can happen, from a legal perspective, if you do not inspect and repair? What will happen if the property falls into disrepair under your watch? Well, you can be sued for breach of contract. But if it gets really bad, you can be sued for a tort, too. How about for emotional distressed caused by an uninhabitable residence? For unfair business practices?

At least in California you can. Consider the facts in a case we cited in a recent post:

“Regarding the condition of the subject premises, appellant alleged that: ‘On or about October 8, 1974, to the present, numerous defective and dangerous conditions were in existence, including, but not limited to leaking of sewage from the bathroom plumbing; defective and dangerous electrical wiring; structural weaknesses in the walls; deteriorated flooring; falling ceiling; leaking roof; dilapidated doors; broken windows; and other unsafe and dangerous conditions. These defective conditions were unknown to plaintiff at the time she moved in to the premises, but as she continued to live on the premises, she became increasingly aware of them.” (Italics added.)

Also attached to the complaint was a copy of the Kern County Health Department’s notice to vacate and demolish the subject premises, which listed the following violations among others: heavy cockroach infestation, broken interior walls, broken deteriorated flooring on front porch, falling ceiling, deteriorated, overfused electrical wiring, lack of proper plumbing connection to sewage system in bathroom, sewage under bathroom floor, leaking roof, broken windows, and fire hazard.”*

Pretty bad, no doubt. But this particular landlord was sued not only for rent, but for the intentional infliction of emotional distress the tenant suffered. She repeatedly asked for repairs and informed the landlord of these problems. He did nothing. She informed him again. He did nothing. She did what all smart people do in such circumstances. She talked to a lawyer and sued.

At first it did not look good. The trial court limited her to breach of implied warranty of habitability, and limited her damages to rent payment. The appellate court disagreed, and allowed her to sue for all manner of civil wrongs related to the landlord’s alleged intentional neglect.

And although it’s not a discussion for this post, most insurance policies do not cover damages caused by intentional conduct. So not only was this landlord being sued, his insurance company might not have paid for any award against him.

So remember. If a tenant asks for a repair, don’t ignore. Inspect.

*Stoiber v. Honeychuck, 101 Cal. App. 3d 903, 912 (1980)

This blog submission is only for purposes of disseminating information. It does not constitute legal advice. The statements in these blog submissions do not necessarily reflect the opinions of Robinson & Wood, Inc. or its clients. No attorney-client relationship is formed by virtue of reading this blog entry or submitting a comment thereto. If you need legal advice, please hire a licensed attorney in your state.

By Colin McCarthy, J.D., Robinson & Wood, San Jose, CA

I enjoyed philosophy classes in college. I enjoyed thinking about such questions, as: If a tree falls in the forest and no one hears it, does it make a sound? I enjoyed even more Bart Simpson’s reply to the question: What is the sound of one hand clapping? (He immediately held up his one hand and patted his fingers against his palm, making a muted clapping sound).

My enjoyment of these questions has found a natural outlet in the law. The law ostensibly provides you with an answer, whether it be found in a book, or in a code section, or recommended by experts. So it is one of those questions today that is our focus: If a tenant hurts himself in an apartment and the landlord did not know about the condition which caused the injury, was the landlord at fault?

As is always the case, the answer in law is perfectly clear: it depends. There is a duty to inspect premises when the property is given to the tenant. Landlords are in the best position to assess the relative safety of the property before the tenant takes control, so they should inspect and repair as needed. The inspection should comport with general negligence principles – i.e. be “reasonable” and make it “reasonably safe.” *

Yes, but how do we know if it is reasonable? Well that answer is clear and simple and straightforward: it depends. It depends on the facts of your case! In California:

“The burden of reducing or avoiding the risk and the likelihood of injury will affect the determination of what constitutes a reasonable inspection. The landlord’s obligation is only to do what is reasonable under the circumstances. The landlord need not take extraordinary measures or make unreasonable expenditures of time and money in trying to discover hazards unless the circumstances so warrant.”**

Clear as mud, right? So we fall back on common sense. If you are intimately familiar with the property you are about to rent – having lived there for five years – your duty to inspect probably is not great. You know what works, what does not, what is likely to injure (hopefully not much), and what is not. You know where the cracks in the slab in the garage are. In contrast, if you are not familiar with the property, you ought to conduct a more thorough inspection. If you just bought the property and have not had extensive time with it, you might consider a more thorough inspection. You might document what you find and give it to the tenant in writing, or repair as required.

Obviously, as we’ve discussed previously, if the inspection uncovers something dangerous, you ought to repair the condition before giving possession to the tenant. But if there is an open and obvious condition that is itself a warning to and is patent to the tenant that it is dangerous, the landlord might not be liable for any resultant injuries.

And further, if one possesses legal title but does not yet have control – that key word in our liability analysis – they cannot be held liable for injuries. If they have no opportunity to inspect and/or repair, their liability is usually precluded.

*Swanberg v. O’Mectin, 157 CA3d 325 (1984)

**Mora v. Baker Commodities, Inc., 210 Cal. App.3d 771, 782 (1989)

This blog submission is only for purposes of disseminating information. It does not constitute legal advice. The statements in these blog submissions do not necessarily reflect the opinions of Robinson & Wood, Inc. or its clients. No attorney-client relationship is formed by virtue of reading this blog entry or submitting a comment thereto. If you need legal advice, please hire a licensed attorney in your state.

By Salvatore Friscia, San Diego Premier Property Management, San Diego, CA

It was just a few months ago when the tenants were in the office signing the one year lease agreement. The leasing agent followed the office procedures and made sure to review the lease terms and obligations prior to asking for binding signatures. Then with the swipe of a pen the property was considered off the market and occupied for the year.

So, it can be somewhat frustrating when two months later you receive the dreaded call from the tenants stating that for some unforeseen reason they need to move out of the property earlier than expected, consequently breaking their lease agreement. As a property management expert, and owner of San Diego Premier Property Management, I’ve had the opportunity to prepare, execute, and negotiate lease agreements for the better part of a decade, and I can say with all honesty that this scenario happens on a regular basis to the most qualified of tenants.

Whether the breach occurs one month or six months into the one year lease agreement it is important to understand that the lease agreement, and the terms agreed upon and signed by both parties constitute a legally binding contract that when breached can carry monetary and legal consequences toward the tenant. With that said, the situation doesn’t have to escalate to a legal issue since it can be mitigated to the benefit of both parties. If the lease has an opt out clause then advise the tenants of the cost associated with that clause and make arrangements to cancel the existing lease agreement in writing. If not then I suggest reminding the tenants that they are legally responsible for the loss of rental proceeds for the remainder of the lease term until the property is re-rented. However, with their willingness and cooperation to assist in finding a replacement tenant they could minimize any potential out of pocket cost and help find a solution that limits rental losses in exchange for an early lease termination.

If the tenant agrees to assist with finding a replacement occupant there are many things they can do that will minimize or completely avoid out of pocket expenses for both parties. Having the existing tenant pay for advertising and marketing of the property (craigslist, newspaper, etc), conduct daily showings, allow easy access for potential applicants, and keep the unit spotless for showings are all ways they can assist with re-renting the property. If the existing tenant is successful in finding a new applicant which meets all of your office criteria and written rental requirements then a solution may have been found.

There is no guarantee for success in this situation but offering the tenants an option that includes paying for advertising and marketing, keeping the property spotless, and even conducting showings with potential applicants might make for a winning solution that minimizes rental proceed losses and allows the tenant to move on without incurring costly fees and blemishes on their credit and rental history.

By Salvatore Friscia, San Diego Premier Property Management, San Diego, CA

In a recent notice received by our legal counsel addressing this very issue, apparently if you own rental property in California the scary answer is yes! The great state of California is widely known as a pro-tenant state when it comes to tenant-landlord related issues. Many cities such as San Francisco and Los Angeles are saddled with pockets of rent controlled areas making investment opportunities less attractive. They also have unfavorable statewide eviction laws that allow deadbeat tenants to continue residing in properties months after defaulting on rental payments.

So this should come as no surprise that according to state law if the tenant is licensed by the California State Department of Social Services (DSS) it only takes a thirty day written notice of their intent to legally start and operate a day care center without the permission of the landlord if the total number of children under care, including the children of the tenant, is limited to six. In fact, permission from the landlord is only necessary if the tenant chooses to increase the total number of children under care to eight. The licensed provider does need to have adequate insurance or be bonded. They must simply provide each parent, in writing, a notice that states the landlord’s insurance will not cover any issues should they arise – how reassuring. In fact, the landlord’s only recourse is that they can require the tenant to increase the security deposit to the maximum allowed by law. This is two times the rental rate if unfurnished and three times if furnished. The landlord is unfairly burdened with extra cost including, but not limited to, increased fees in liability coverage, out of pocket expenses for extra precautions to limit potential dangerous issues, and increased potential for additional wear and tear on the subject property. Most strikingly, the landlord loses control of determining if they approve or disapprove of this type of rental relationship. If they act by refusing to renew the rental agreement they run the risk of inviting a retaliation lawsuit from the tenant! This brings me to ponder a couple of questions, has the state overreached in providing this tenant right and does that seem like a fair exchange for the landlords?

By Carla Toebe, New Century Realty, Kennewick, WA

They say that abandonment is a landlord’s or property manager’s worst nightmare when dealing with a tenant. How do you know it is really abandonment? Sometimes it’s obvious when everything is gone, the place seems perfectly empty, and the tenant’s keys are lying on the counter. But what if the place is full of furniture, the food is still in the cupboard, and you can’t get a hold of them? They haven’t paid their rent, they haven’t returned your phone calls, no one has seen them, and you can’t get a hold of anyone on the emergency contact form you had them complete when they moved in. Surely this means they must have abandoned the place. So you change the locks, and uh-oh! There they are coming back claiming you have now burglarized their place. Oh no! This can’t be, they clearly abandoned the place and you took all the steps you had to take that were required by law.

Maybe it isn’t that clear cut. Maybe a tenant still has some rights. Now you are facing penalties, a criminal investigation, and a whole slew of troubles you never knew you had. Let’s back up and figure out how to determine that this is really abandonment and you have the right to take possession of your unit.

You spelled out what abandonment was with your tenant and you had it written in the lease, right? Good, well at least you tried to get the tenant on board with your ideas. Unfortunately they have forgotten about your request for them to tell you they have left, and to turn in their keys. That would be the easy thing to do. However, they don’t want you to know they have left because they are in a hurry, that they are embarrassed that they have to leave owing rent, or that they had to leave things such a mess. They may not want to face you or deal with any of these responsibilities. Maybe they could have left a note telling you to dispose of everything there, and that they are not coming back.

Why didn’t they think of these things for you? Unfortunately abandonment isn’t always so sweet and simple. Usually you have to determine without any doubt and with full public notice of some sort that you intend to declare the place abandoned. You also have to hold onto any property left for so many days prior to disposing or selling it. Each state has their own set of laws and it is very important to become familiar with the particulars of the process to establish abandonment because that tenant could come back. Now you are now expected to return everything that you just disposed of because you thought it was left behind.

Write your abandonment process down if you haven’t already so that tenants, anyone who works for you taking care of the units, and owners who are hands on, consistently follow the appropriate process. Make sure that your complete process complies with the state laws. It may be helpful to have an attorney review it.

Typically in order to establish abandonment, the tenant must be late on the rent and they must have not responded to a 3 day notice to pay or quit that you mailed and put on their door. They have also not responded to an abandonment notice that you put on their door for all to see after 48 hours. What if they are just gone for 5 days and forgot to pay rent? Well you need to start calling their personal phone numbers, work numbers, relatives, friends, neighbors, and anyone you can think of that might know them in order to validate that they are really gone. You need to check and see if their vehicles have been parked there at all during this time. You also need to check with the utility companies to see if any service has been disconnected. In other words, ask around, do some investigating, and document all that you have done.

Once you are inside because the evidence all points to the fact that they have abandoned the unit, take a picture of that abandonment notice still stuck to the door and a picture and/or video of everything inside that has been left behind. Carefully store all items that are clearly not garbage and place it into a safe secure location for the length of time required by law. I don’t know how many times I have seen someone dump everything outside for all bargain hunters in the neighborhood to come around and clear away. Do not fall into that temptation as appealing as it sounds! It is the worst thing to do and it is not worth the potential harm that a little effort would prevent. Do the right things, know the laws, and know what the process should be.

If you are a tenant, please let someone know that you have left. If you don’t, it will cost you more money in the long run than it would have if you just let your landlord or property manager know when you left the property. Avoid getting into legal troubles over abandonment, turn in your keys and leave a note!

By Steven Van Zile, Total Management, New York, NY

Within the past 24 hours, here are the maintenance issues I’ve experienced at the property where I reside: the maintenance person, loyal to this building for 33 years, responds to a
clogged toilet by advising us to pour bleach down the toilet. Concurrently, the intercom buzzer is stuck and won’t shut off. And, of course, the elevator renovation that started out as a one week project actually turned into a three week project, providing 6^th floor tenants the opportunity to save money by cancelling their gym memberships.

It’s always seemed simple to me; as residents, we pay rent, maintenance fees, or mortgage payments and the property management staff provide services for the resident. Building and trust owners hire those property managers based on their abilities to keep churn rates low, vacancy at zero, and tenants happy all at or below a budget designed to re-invest in the property. So what happens when we tenants aren’t happy? Well, in today’s age of instant knowledge and access, a lot of renters turn to rating sites like Yelp or apartmentratings.com to spitefully pen scathing reviews in an attempt warn others. These sites might be seen as a threat, but if you’re really good at your job, more transparency can only help you, and reviews will actually help your business grow.

Let’s get back to the problems at hand. In the three examples I highlighted earlier, the correct response would have been to snake the toilet, send the on-call maintenance tech to repair the intercom, and hire a vendor that can deliver what they promise. Hiring a sub-par vendor can hurt your reputation as a problem solver, and at the end of the day, most renters see their property managers as just that.

One of the best things a property manager can do to avoid many of these issues is to do some vendor research before the hire. The property manager’s goal should be to minimize risk and liability when it comes to contracting with vendors. While making these minimizations it is also the property manager’s responsibility to hire a vendor that is legitimate and legally allowed to perform the work. A few ways to ensure that these requirements are met is by signing up for vendor review, screening, and compliance websites (e.g. servicemagic.com, vendorcompliance.com, angieslist.com). It can take a little extra time to have all potential vendors verified through an extensive search process, but the benefits of providing quality service to the tenants greatly outweigh the negatives.

Still worried about those rating sites? Instead of fearing them, use them to your advantage. Track down some of your happy tenants and ask them to post a positive review. Do you have really happy tenants? Ask them to write a testimonial letter to the building owner and include it in your next monthly report. Anecdotally, the point that I’m making is that as a renter, the most important thing is customer service. If you can take care of that, everything else will follow.

If you list out the responsibilities of a property manager, and prioritize that list, ‘provide customer satisfaction through exceptional service’ should always be at the top. If you can ensure that quality of service, above all else, your services will always be in demand.

By Ben Holubecki, STML Realty Group, Glen Ellyn, IL

One area that really took a hit during the economic downturn over the past few years was the ability to lease property to employees being hired and transferred. Nobody was hiring, and it seemed that very few companies were taking on the expense of transferring their employees to other markets. Although the job market continues to stagnate, overall it does appear that in many markets companies are beginning to add staff, and once again we are seeing an influx of transferring employees and executives.

Renting a property to an incoming transferee presents a few issues that need to be considered that don’t necessarily apply to local tenants.

1. Timeframes are much more rigid.

When an employee needs to transfer, they need to move. They typically have a start date for work set already. They have received instructions from their HR department to secure housing and are under pressure to get things coordinated as soon as possible. These tenants have a matter of days or weeks to completely relocate their lives. They don’t have the ability to move back a move-in due to utility problems or issues with a previous tenant move-out. When dealing with a transferee, it is important make sure that everyone commits to specific dates and that the property is 100% ready for occupancy on the lease start date.

2. You may not be able to assess creditworthiness.

For international transferees, it is very difficult and sometimes impossible to retrieve a credit report. In many cases all that we have to make a decision on is a letter from the employer and the estimated income details provided by the applicant. This makes it increasingly important to verify every single piece of information that is provided, which includes contacting the employer to verify job offer details and income. If the company is making the investment to relocate an employee, they will do whatever they can to verify the information and expedite the process. If the information is difficult or impossible to verify, this should act as an immediate red flag.

3. If the tenant is working with their own agent, you may never get a chance to meet the tenant or review the lease terms with them.

While this does otherwise happen occasionally when other agents are involved, it is the norm when dealing with transferees. These tenants are very often only in town for a day or two at a time to look at properties and get corporate affairs in order. By the time that they decide that they want to rent our property, they have left town to return home. Much or all of the communication is done via solely the other agent involved. While this is not a huge deal in most cases, it has to be taken into account, as we will likely have no chance to begin real dialogue with the tenant until the time of occupancy. It is also possible that the exact terms of the lease have not been clearly conveyed to the tenant with the detail that you are comfortable. It is a good idea to bring a copy of the lease to the move-in in order to review any important items within the lease that you would like to clarify, as we know that many tenants do not review their lease completely prior to move-in.

4. Tenants may be unaware of utility guidelines and setup procedures.

Our experience is that the employees that companies are willing to transfer are generally pretty successful and many of them are property owners in their current location, not renters. Many of them have not rented for many years and this is a fairly unfamiliar process. They are not familiar with the local utility companies or the process for setting up their accounts. It is particularly important to provide these details as early and as clearly as possible to avoid any delay in switching utilities, and any chance of an accidental disconnection of service. Provide as much detail as possible, no matter how obvious or excessive it seems.

5. Don’t assume tenants understand local weather conditions.

I write from experience on this item. You absolutely can’t assume that someone coming from another location (especially internationally) understands the local weather. One of the worst maintenance situations we ever experienced was a townhome near Chicago that we rented to an executive from Italy. This tenant planned a trip home to Italy during December. The temperature had not fallen below 50 degrees in Chicago when he left and he had never experienced a winter in the U.S., so he did what he would normally do when vacationing back in Italy—he turned the heat off completely. Within a week, the temperature had fallen below zero, the pipes broke, and the nightmare ensued. He had never experienced that type of temperature change before. From that point on, I’ve made it a point to explain the details of the local weather to anyone relocating from a different type of climate.

The fact that executive rentals are now being scooped up by transferring execs is a great sign for our industry, as our higher end rentals are filling more quickly with high quality, longer-term tenants. However, every relocation deal presents its own set of challenges and issues that need to be addressed to ensure that we are providing top-level service to our tenants and clients.

A guest post by Dusty Henry, All Property Management, Seattle, WA

Renting out your property might sound like a great idea, and it is. Inviting tenants to live in your home, especially if you are not using it, can be a great way to make some extra money and let someone else pay your mortgage.

The idea of enlisting and paying a property manager may at first seem contradictory to your idea of making money. If you only have one property and minimal outside commitments, then you might not have a problem managing your own property. However, there are some things most new landlords don’t consider before taking the leap.

1. A fair amount of legal knowledge is required.

Unless you come from a real estate background, there is going to be a huge learning curve with respect to housing laws and regulations. There is much more to renting out a property than finding a tenant and collecting rent. From complying with Fair Housing Laws during the tenant selection process, to writing a lease agreement that adequately protects your rights, to handling potential evictions, there are many aspects of landlording where knowing the law comes into play. Not to mention, these laws and regulations are always evolving, so you will need to stay on top of any changes that take place.

2. You are on call for maintenance emergencies 24/7.

Part of the landlord title means being able to put on a tool belt and take care of household issues and damages to your property. It is hard to predict exactly when your tenants might need a handyman to fix a leaky faucet or anything that compromises the livability of the home. If the task is much larger than you can handle, you will be responsible for hiring an outside contractor to take care of it.

3. Screening tenants is not as straightforward as it appears.

Choosing someone to live on your property is one of the most critical decisions you will make as a landlord. A tenant who does not take care of your property, or is slow to pay rent, can become an unnecessary burden and liability. Aside from an applicant’s ability to pay rent, there are a number of things to consider before allowing a person to sign a lease. It is essential to perform background and credit checks on all applicants. While this may sound simple enough, interpreting the results that come back may not be as straightforward as you think. You will also have to deal with the fact that you may spend a large amount of time screening applicants who are not qualified, not to mention the real probability of not finding any leads at all. You will need to be effective and creative with promoting vacancies.

4. Managing an ongoing relationship with your tenants requires more than knowing how to cash rent checks.

Even after putting in the time to find a good tenant, issues may still surface. You have to be prepared to be direct with your tenant about fixing the problem, while also doing what it takes to maintain a good rapport with them. This can be considerably more awkward than it sounds. If you are not firm enough, the tenant might not take the initiative to fix the problem. If you are too firm, you might have trouble keeping any tenants at all. It’s a delicate balance that takes a long time to master.

5. You’ll need to plan on spending a minimum of 10-15 hours per month managing your property.

Chances are you probably have a full-time job and various other obligations. Adding landlord duties can become a burden on your to-do list and create much unneeded stress. Between your personal life and the aforementioned commitments of renting your property (these are just a few landlord duties, the list goes on…), this can often be too much for one person to handle.

Professional property managers have a team that specializes in taking on all of these issues with tired and true methods that are effective and efficient. If managing your property is your main project and focus, it is possible that you can handle it on your own. For most people, though, rental properties are a side investment, and spending 10-15 hours a month keeping a rental property running detracts considerably from the return on that investment. For a small percentage of your monthly rent, you can delegate all the hassles that come with owning a rental property to an expert, and turn a tedious part-time job into a passive stream of income.

About the Author
Dusty Henry is an Editor at All Property Management, a company that matches rental property owners with property management companies in their areas. Search their extensive database at www.allpropertymanagement.com, then get free quotes from property management companies near you.