Making Safety a Priority

September 29, 2008

Not only do we all want our tenants to feel safe, but we also want them to actually be safe. The last thing any property manager wants is for a tenant to fall victim to injury, theft, or personal property damage. And, nothing against lawyers, but we don’t really want to be looking at one from across the courtroom.

Every property manager should follow some basic safety tips and procedures to make tenants more safe and avoid that whole lawyer thing. Some helpful frequently asked questions at Nolo.com clearly identify landlord and property owner liability in tenant safety. Whether it’s physical property modifications, rules for behavior, or your selection of services and vendors, just a little goes a long way when it comes to enhancing property safety.

Make sure your safety features actually work.
How are your gated entries functioning? Are some of them blocked due to mechanical failure? Your tenants rented with the expectation of property security, so make sure those gates remain operational. The same goes for all of your security systems. If a tenant calls in a security-related issue or repair, always make sure it’s addressed as quickly as possible. All safety features should be functioning at all times.

Select your vendors carefully.
Whether it’s the trash hauler, heating repair company, or cable installer, investigate your vendors. Use only licensed and bonded contractors and work off referrals whenever possible. Cutting corners with repair companies can create dangerous situations resulting from sub-standard repair practices. Vendors who are not bonded can invite theft or damage to your tenants’ personal property.

Keep up with property repairs and maintenance.
Are any of your stair rails loose or balcony railings unsecure? Are chunks broken out of concrete stairs? Are ground fault interrupter outlets functioning properly? Every time you roll a lease over, perform a walk-through and identify safety hazards.

Do improvements that pay off.
The next time you’re doing major plumbing fixture replacement, consider scald-proof bath fixtures. These fixtures have a protective feature that will not allow full flow of hot water, always introducing enough cold water to moderate the temperature. If you have wooden stair steps, consider Trex when the time comes to replace rotted wood. This man-made material doesn’t rot and is not susceptible to rain or snow damage. (As a testament to its durability, Trex is frequently used for boat docks.)

Install outdoor lighting.
If your tenants park outdoors or have to cross a parking area to get to their units, the area should be well-lit for safety purposes. Enclosed outdoor walkways should also be lit to discourage intruders. Consider installing security cameras not only as a deterrent, but also to provide your tenants with an added degree of comfort.

Be alert and report criminal activity.
Tenants frequently sue landlords for exposure to criminal activity. If you see any suspicious activity such as possible drug dealing (even if it is another tenant), you should report it. Your leases need to be very specific about illegal tenant activity and the fact that any suspicious activity will be reported.

We’re talking mostly common sense here, but it is nonetheless important stuff. Make safety and security as much of a priority as collecting rent—otherwise you may just find a lawyer collecting some money of his own.


More Helpful Links

September 19, 2008

Tenant Move-Outs: Step by Step

September 15, 2008

Wouldn’t it be great if all tenants stayed in their units for multiple years, agreeing to regular rent increases, obeying all the rules, and paying their rent on time? Since the reality is that tenants come and go on a regular basis, the next best option is an organized move-out process.

Keep in mind, we’re not talking about an eviction strategy. We’re talking about cases in which your tenant has decided to move at the end of his lease, with no outstanding disputes or unpaid rents involved. Just your average expired lease move-out. Your goal at this point in the game is a smooth move-out so that a new tenant can move in as soon as possible.

Sometimes a process can be better designed if you know what the other party expects. The Ohio State University offers some great advice to their students for moving out. Bear this in mind while setting up your own procedures.

Notice
Has the tenant provided appropriate notice in the required time frame? If not, what does the lease say you can do about it? Also be sure to get a forwarding address for the deposit refund check. (This is for your protection as well.)

Tenant forms
As soon as your tenant gives notice, give her instructions and forms to help her meet your needs. An instruction sheet for cleaning the unit should be included and should provide an explanation that any costs for the removal of items after she has vacated the unit will be withheld from her deposit. Also include a form that details the procedure for damage or repair inspection. If you did a checklist walk-through upon move-in, you should give her a copy, as well as a blank one for the final walk-through.

The inspection
Walk through the unit with your tenant, just as you did at the beginning of her lease. Check off the unit condition items on the sheet room-by-room. If there is damage that doesn’t fall under normal wear and tear (i.e., damage the tenant may need to pay for) this is the time to document and discuss it. The details of your lease and original inspection paperwork can make all the difference here.

Disputes
If there are any differences in opinion about damages and the deposit, your lease will be the deciding authority. A clear lease explanation of the inspection process, what constitutes damage that falls under tenant responsibility, and how damage costs will be determined is critical. If the problem falls in a gray area, try to get the matter settled with your tenant right away—and make sure that she signs off on the resolution. If possible, this signed agreement should document how much of her deposit will be retained and when she will receive the remaining balance.

Utilities
If your tenant was responsible for her unit’s utilities, she should receive instructions for the disconnect procedure and timeframe. If you can, it wouldn’t hurt to request her account numbers in order to verify the disconnect with utility departments.

Inspect the unit on your tenant’s move-out day to ensure everything has happened as expected. Now it’s time to begin preparing the unit for your new tenant!


Link Time!

September 5, 2008

Proper Trust Accounting Makes Trust Unnecessary

September 2, 2008

As a property manager, you handle other people’s money on a regular basis. For example, when you collect a security deposit, you’re handling your tenant’s money; when you collect rent or pay a bill on behalf of a property owner, you’re handling the property owner’s money.

With all this money floating around, it’s critical to know exactly which money belongs to whom. That’s where specialized accounting software designed for property management comes in. But having the right software is only half the battle. You also need to know your options for handling other people’s money (and the rules that go along with them).

Trust accounting to the rescue.
Your first option is to keep everyone’s money in a separate bank account. It’s the obvious choice and may be the only one you’ve considered. It’s straight-forward and simple, so what’s the catch? Time. Think about how long it takes to balance your own checkbook. Now multiply that by five, ten, or two hundred! That’s the number of checkbooks you have to balance when you have one bank account for each property owner.

So what’s the alternative? A little bit of trust accounting applied to a single bank account. Trust accounting sounds intimidating, but it really entails nothing more than keeping track of the money you’ve received, held and paid out on behalf of each property owner.

A bank vault full of safe deposit boxes.
Think of trust accounting as a bank vault filled with safe deposit boxes, each designated to a specific property owner. Although everyone’s money is kept in the same vault, each person’s stash is separate. Likewise with trust accounting, even though everyone’s money is held in the same bank account, each owner’s money is tracked and accounted for separately.

Know the rules.
As with many other aspects of property management, the first step to setting up a trust account is checking your state’s specific laws; after all, no one wants to be the next Kenneth Lay. Bear in mind that the account should be set up in the name of your company, not under the property owner’s name. In past cases where such accounts have been set up under a property owner’s name, the IRS has seized funds based on a lien against the property owner. Obviously, you don’t want this to happen to you. Remember, an IRS agent won’t be the one to explain why your tenants’ deposits were seized to pay a tax bill. You will.

Don’t commingle monies.
While you’re allowed to hold money from different property owners in a single trust account, you’re not allowed to commingle their money from an accounting perspective. In other words, you’re not allowed to pay money out on a property owner’s behalf using other people’s money, even if you square things up later.

The rules are even more strict when it comes to your money. It’s not enough to keep your money separate from an accounting perspective. In most cases, you must keep your money in a separate bank account altogether.

How hard can trust accounting actually be?
Trust accounting isn’t difficult, but it is easy to slip up if you’re not careful. For example, suppose you’re holding two different property owners’ funds in a trust account. We’ll call these two owners Sam Shortfall and William Windfall.

Trust Account
Property Owner Owner Balance
Sam Shortfall $600
William Windfall $1000
Trust Account Balance $1600

Now let’s say a washing machine in one of Sam Shortfall’s properties is on the fritz. A pipe bursts and there’s water everywhere. When all is said and done, the bill for all of this is $800. But wai—Sam Shortfall doesn’t have enough money in his trust account to cover the bill. What do you do?

The wrong way: Use someone else’s money.
No worries … there’s enough money in the trust account to cover the washing machine expenses. You’ll pay the bill and withhold $200 ($800 bill – $600 cash-on-hand = $200 “loan”) from Sam next month when his rents come in. Sure, technically you’re using William Windfall’s money, but you’ll square things up next month. No big deal, right? Wrong. For starters, it’s bad accounting. What happens when Sam Shortfall is short again next month? Are you going to continue to rob Peter to pay Paul? If that’s not reason enough, here’s the best reason not to do it: it’s against the law.

Wrong again: Use your money.
Okay, so you can’t use someone else’s money. That makes sense. But what if you use your own money? You’ll just deduct it from Sam’s rents next month. Since it’s your money, you can do what you want, right? Wrong again. Do you really want to be in the loan business? Besides, commingling your own funds is, once again, almost always illegal.

The right way: Ask Sam for more money.
You read that correctly. The right answer here is to ask Sam for more money. As a property manger you may be thinking, “But he hired me to manage his property. He doesn’t want to be bothered with bursting pipes and pesky bills!” Let’s do a quick reality check. Sam may have hired you to manage his property and pay bills on his behalf, but Sam still owns the property. That means Sam—not you—is responsible for coming up with the money and paying the bills.

Use trust accounting.
The bottom line here is that trust accounting works. Fewer bank accounts and fewer signature cards mean less time spent opening new accounts and reconciling each one on a monthly basis. But make it easy for yourself—know the rules and get the right software. Before long, you’ll wonder how you got along doing things any other way.