June 29, 2009
Whether you’re dealing with a tenant who files complaints rarely or frequently, due diligence is always essential. Tracking and addressing tenant complaints in a timely manner is important not only for keeping your tenants
safe and happy, but also for protecting yourself and your property in the long run.
1. Encourage tenants to come to you.
As with maintenance, tenants should be encouraged to come to you with any complaints they may have as quickly as possible. Sure, there might be some tenants that overuse this privilege, but the vast majority will not. Provide a number they can call at all hours—and be sure the number’s voicemail includes an emergency number callers can utilize during off-hours.
2. Create (and use) an official tenant complaint form.
Although it may seem unnecessary at times, tracking each and every tenant complaint is important. These forms will provide a record of the situation and what you did to mend it and also, in some cases, provide yet another way for you to record repairs and upgrades that have been completed in each unit. On this form you’ll want to include the date of the complaint, the tenant’s name and unit, and the nature of the complaint. You’ll also want to record resolution action items, the date the issue was resolved, and how it was resolved.
Since we just talked about eviction last week, this seems like a good time to point out that, in some states, tenants may be justified in non-payment of rent if complaints are not resolved. Tracking tenant complaints is a surefire way to make sure you avoid precisely this sort of situation.
3. Resolve the issue as soon as possible.
Every landlord should have a list of contractors ready to call on short notice. Even though some issues are too big or complex to be fixed immediately, having loyal contractors who will push you to the top of their list should the need arise is key to resolving problems quickly. It also benefits you; in some cases, the faster a repair is made, the less damage ultimately occurs.
4. Follow up with tenants.
Always make sure you let tenants know when a complaint has been resolved or closed out—even if the resolved issue seems like one that will be blatantly obvious to them. And if you find yourself in a situation where a complaint cannot be resolved immediately, be sure to let your tenants know that you’re on the case, where you’re at in the process, and when they can expect to have the problem remedied.
5. Handling tenant interpersonal issues.
With all of this in mind, it’s important to remember that some tenant complaints involve interpersonal issues rather than repairs and maintenance. For example, at some point, most landlords will have to deal with tenants complaining about other noisy tenants. Although it may be uncomfortable, dealing with this sort of complaint is just as important as dealing with maintenance and repairs. Begin by speaking with the tenant in question; be sure to include a clause in your lease agreements that clearly states behavioral expectations so that you can point back to that in such situations. If the problem continues, it’s time to start writing official warnings. And if the issue still persists, you may be forced to look at alternatives such as eviction.
In the end, dealing with tenant complaints boils down to two main elements: keeping your tenants happy and keeping your property safe and in good repair. Although tenant complaints may sometimes be a bit trying, staying on top of them is always in the best interest of your business.
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Property Management | Tagged: apartment, complain, complaint, complaint form, complaints, contractor, contractors, eviction, interpersonal, issues, landlord, lease, lease agreement, maintenance, multifamily, noise, noise complaint, noisy tenants, property, Property Management, rent, renter, repair, repairs, tenant, tenant complaints, tenant eviction | 
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Posted by Buildium
June 25, 2009
Staying on top of local eviction laws is a must. Following are links to some municipality and state eviction statutes (remember to always consult an attorney).
Leave a Comment » | Property Management | Tagged: landlord, tenant, california, eviction, tenant eviction, law, texas, florida, new york, nyc, tx, ca, new york city, fl, eviction law, new york eviction, florida eviction, texas eviction, massachusetts, ma, massachusetts eviction, california eviction, eviction statutes, eviction legislation, tenant advisor, eviction links, residential eviction | Permalink
Posted by Buildium
June 22, 2009
For obvious reasons, most landlords dread evicting tenants. But for as stressful as evictions can be, there are a number of things you can do to
increase your chances of a positive outcome. Following are some tips to keep in mind should you find yourself in a position where evicting a tenant becomes necessary.
1. Have Sufficient Reason
First and foremost, it’s absolutely imperative to ensure that the law recognizes your reasons for eviction as valid (be sure to check your specific state and local laws before beginning any eviction). Despite the fact that it’s your property, tenants have rights too and any deviation from what is required by law may ultimately result in a lot of legal grief. Generally, valid reasons for eviction include continuous lack of payment (eviction does not usually result from a single month’s missed rent), the end of a lease term, or a broken lease clause.
2. Know Your Eviction Time Lines
Although you may be tempted, it’s never okay to move a tenant’s belongings out of his apartment without serving the eviction through proper channels, all of which require a certain time frame that will be dictated by state or local law. Also, make sure that the grace period included in your rental agreement (the time the tenant is given to pay you in full) has passed.
But once you’ve carefully ensured that you are following the proper procedures, do make sure that you stick to the time lines imposed on the tenant in question. Mike Brewer of the M Brewer Group explains that in the course of overseeing thousands of multi-family units in various parts of the country over the past 15 years, he has seen many landlords trip up by “not following through with the consequences put in place. For example, you agree to accept a promise to pay from a resident and when they fail to follow through, you make another arrangement … or worse, you do nothing. Given the length of time it takes to get through the eviction process, it is best to apply consequences in a timely fashion.”
3. Be Prepared for Court Proceedings
Many eviction cases end up in court, so be sure that you are prepared. It’s important that you have all the background documentation necessary to prove the validity of your case. Remember, although your property is under question, the eviction process involves the removal of someone from their home so courts are sometimes sympathetic with the tenant.
4. Record Keeping Pays Off
Unfortunately, it’s often impossible to predict when things are going to go sour with a tenant—if it were, evictions wouldn’t be necessary in the first place. Keeping meticulous records for all of your tenants by using property management software or a similar organizational tool is the best way to guarantee that if you do find yourself in a legal battle, your case will stand up in court. Recording payments, complaints, and maintenance and repairs made to all units ensures that you will be able to make your case. Brewer says, “The biggest hurdle I have seen time and time again is failure on the manager’s part to have the necessary paperwork in place. It sounds cliché but it’s true: dotting your Is and crossing your Ts during the move-in process is paramount when it comes to evicting a resident.”
5. Keep Your Cool
This may sound like a peripheral point, but remaining calm and rational during the eviction process is critical. This is a legal matter and any emotional outbursts or actions may come back to haunt you down the line. If you feel that you are unable to do this, communicate with your tenant only through writing or through a third party. Brewer advises, “Many times our innate sense is to treat people we are evicting with a ting of selfish satisfaction. I think the main thing to keep in mind is that you are dealing with an emotionally-loaded situation and to the extent that you can preserve one’s dignity, you come out ahead.”
Of course, the best way to deal with evictions is to do everything in your power to make sure they never happen in the first place. Says Brewer, “Education at move-in is everything. I hesitate to overuse the term emotionally loaded but, at the same time, move-in day is laced with just that. We displace a lot of information on our new residents and eviction is usually not one of the topics. What I would suggest is to include some dialog along the lines of, ‘If you find yourself having a tough time paying rent, come and talk to us early about your options.’”
3 Comments | Property Management, Real Estate Technology | Tagged: agreement, apartment, apartment rental, brewer, case, clause, court, education, evict, eviction, eviction court, landlord, law, lease, lease clause, lease term, legal, m brewer, m brewer group, management, mbrewer, mbrewer group, michael brewer, mike brewer, mike brewer group, missed rent, multi-family, multifamily, multifamily housing, property, Property Management, property management software, real estate, real estate court, reason, record keeping, records, rent, rental eviction, resident, state, state law, tenant, tenant eviction, term, timeline, tips | Permalink
Posted by Buildium
June 18, 2009
One accident at your property will not only ruin your summer, but potentially your entire year (if not more). The following resources will help keep you and your tenants safe this summer.
Leave a Comment » | Property Management | Tagged: bbq, bones, charcoal, chicken, child safety, cpsc, fire, fire pit, fire safety, gas, links, management, pool, pool safety, property, Property Management, safety, summer | Permalink
Posted by Buildium
June 15, 2009
Summertime means it’s time to head outside and enjoy all the activities the season has to offer. And if your property provides amenities like a pool or grills, chances are your tenants are particularly happy at this time of the
year. However, with these amenities come additional risks and hazards, many of which can be easily prevented with clear policies and a little bit of enforcement. Read on to find out about some simple measures that will help keep your tenants happy and safe during the summer months.
Pool Policies
Chances are at one point or another in our childhood, all of us were sternly told to “slow down” or “don’t run” by the pool. And, sure, it may have cramped our style a little bit but it also kept us safe. As a landlord, it’s your job to remind tenants about smart poolside practices—and to protect yourself from litigation that may result from pool-related injuries.
Make sure that rules and regulations for pool use are highly visible and that all your tenants know what is expected of them. Along with posting pool rules around the swimming area, you can also include the policy as a lease addendum to ensure that all tenants sign off on your property’s rules and regulations from day one. This addendum can include everything from basic rules to (if applicable) expectations on how tenants are expected to maintain the pool and surrounding area. A sample of this addendum can be downloaded here. In terms of pool signage, you can either make your own or visit a local hardwood store, most of which carry standard pool rule signage, particularly in the summer months. Common rules include:
• Shower before entering pool
• No food, drink, or glass in pool or on pool deck
• No animals in pool or on pool deck
• Pool capacity: _____ persons
• Pool hours : ________ – ________
• No running near pool
• No diving or jumping
• No children under ______ years of age without parent
• No diapers allowed in pool
It’s not your job to play full-time lifeguard, but if you do see tenants violating rules and regulations by running or behaving recklessly in any sort of way, take it upon yourself to bring an end to the behavior. Pools can be a lot of fun, but they also present many potential hazards that no landlord wants to be held liable for.
Grill Guidelines
Aside from swimming, nothing else says summer quite like grilling. Unfortunately for landlords, grilling brings with it a significant fire hazard. As with pools, it’s imperative that tenants know—and abide by—a strict set of grilling policies.
You will want to ensure that the grill is not within a certain distance of your property’s building in order to prevent potential catastrophe at the hands of flying sparks or an out of control flame. It should also be made clear that only adults are allowed to operate a grill. If you see any questionable behavior, don’t hesitate to take grilling privileges away from tenants. Clearly, a fire hazard is nothing to mess around with.
Noise Notice
With the days lasting longer and lots of outdoor fun to be had, more than any other time of year, it’s easy for tenants to get carried away during the summer, inadvertently disturbing other building occupants. Again, setting forth expectations or a noise policy in the lease is a good way to ensure that all tenants understand your rules and regulations. The early summer months are the perfect time to send tenants a reminder about building noise policies and expectations in terms of quiet times and noise levels.
Offering summertime amenities like swimming pools and grills is a great way to keep tenants happy and feeling good about their residency in your rental unit. Just be sure to guard against potential liability by making sure relevant rules and expectations are clearly communicated to and followed by your tenants.
2 Comments | Property Management, Tenant's Perspective | Tagged: activities, addendum, communicate, communication, complaint, fire hazard, grill, grilling, happy tenant, hazard, hazards, injury, landlord, lease, lease addendum, lifeguard, management, noise, policy, pool, pool capacity, pool policies, pool policy, pool running, pool safety, pool use, poolside, property, Property Management, real estate, regulations, safety, summer, summertime, swimming, swimming pool, tenant, tenants | Permalink
Posted by Buildium
June 15, 2009
If you’ve got a green thumb, landscaping your property can seem more like fun than work. Visit the following links to learn more about landscaping.
Leave a Comment » | Property Management | Tagged: do it yourself, garden, gardening, home depot, landscape, landscaping, momoy.com, online, online landscaper, online landscaping, the home depot | Permalink
Posted by Buildium
June 8, 2009
Chances are landscaping falls pretty low down on most property managers’ list of things to do. And for good reason. Maintaining intricate landscaping is
not only time-consuming, but it also tacks yet another expense onto your budget. Despite these very good reasons for not moving landscaping to number one on your priority list, there are also some great reasons why all property managers should consider putting forth the effort when it comes to landscaping.
- Property Value
Even if selling your property seems like a far-off (or even inconceivable) idea, bolstering its aesthetic appeal increases value. And every good business professional wants to make sure that that her assets command the best market value possible. Planting trees is a particularly sure-fire way to increase the value of your property—and they’re relatively low-maintenance to boot. According to About.com’s forestry page, “Trees can increase the property value of your home by 15 percent or more.”
- Appeal to Renters
It is currently a renter’s market in many areas of the country. Now more than ever, it’s the time to make sure that your property stands out from the rest. While it’s true that the chances of a potential tenant renting from you solely based on your property’s lush foliage are slim, someone choosing between otherwise relatively equal units will likely go for the one with visual appeal. Well-maintained landscaping sends renters the message that you care for your property and want to keep it looking as good as possible.
- Cut Energy Costs
That’s right, landscaping can actually save you money. Again, particularly in the case of trees, you may well cut costs in the long run. Not only will strategically planted trees shade your property in the summer, but they will also cut down on heating costs in the winter by shielding your property from chilly winds. Still not convinced that trees make that big of a difference? According to About.com, “Studies have shown that parts of cities without cooling shade from trees can literally be ‘heat islands,’ with temperatures as much as 12 degrees Fahrenheit higher than surrounding areas.”
As you can see, there really are plenty of reasons to invest a little bit of time and money into landscaping your property. But unless you have a green thumb, you’ll also want to keep it as easily maintainable as possible. You’re much better to have a simple, neat-looking landscape than an extravagant one that runs the risk of becoming unruly and overgrown or—even worse—ends up taking a toll on your bottom line with exorbitant gardening fees. These easy tips will help you create a pleasant landscape without breaking the bank … or your back.
- Install an irrigation system. Yes, you’re making an investment up-front but ultimately you’ll have a more self-sustaining landscape, which will save you time and money down the road. (Tip: Make sure you have a secondary meter so that your tenants aren’t absorbing your water fees.)
- Concentrate on grass and trees. As we’ve already discussed, there is a strong argument for planting strategically placed trees on your property. A few trees and some maintained grass will add aesthetic appeal and both are easily maintained—especially with that irrigation system mentioned above.
- Plan ahead. If you’re going to bring in a professional landscaper to help plot out your design, hire him during the winter when demand—and, thus, costs—are lower than in the prime-time spring season.
- Plant perennials. If you do want to incorporate some plants in your landscaping, go for perennials that will last more than one season. Check out this guide to find low-maintenance perennials that will thrive in your specific climate.
5 Comments | Cost Saving Tips, Property Management | Tagged: about.com, budget, climate, costs, energy, garden, gardening, grass, irrigation, irrigation system, landscape, landscaping, maintenance, perennials, property, property costs, Property Management, property value, real estate, rent, rent appeal, renters, save money, trees | Permalink
Posted by Buildium
June 4, 2009
Familiarizing yourself with relevant laws and resources can help you make savvy subletting decisions.
- For Subletting 101, check out Wikipedia’s subletting page.
- The New York Times answers readers’ subletting questions.
- UPenn created a website to answer students’ subletting questions. This site is a great resource for anyone considering subletting an apartment or home.
- RentLaw.com tells landlords why they should permit sublets.
- Find a sublease form for your state from the Internet Legal Research Group.
Leave a Comment » | Property Management | Tagged: apartment, landlord, lease, links, new york times, owner, Property Management, real estate, rent, rental, renting, rentlaw.com, sublease, sublet, subletting, upenn | Permalink
Posted by Buildium
June 1, 2009
For some landlords, summertime means subletting time. And as we all know, subletting can be a tricky nut to crack. Part of being a good landlord is knowing how to carefully weigh your options and choose the scenario that 
has the best chance of working to your benefit in the long run. Such decisions often have to be made on a case-by-case basis, accounting for the specific tenant and situation in question. Subletting is a perfect example of precisely this sort of scenario.
First and foremost, make sure that all of your rental leases contain a sublet clause requiring your tenants to obtain permission before subletting their apartments. It is imperative that you are always aware of any subletting scenarios that may arise.
Subletting most generally occurs in cases where a tenant needs to vacate his unit before the lease is up. As always, be sure to check your state laws, but most states require that both you and the tenant in question make an attempt to find a replacement tenant for the unit. This will require you to market the property as you normally would when seeking a new tenant. If you are unsuccessful and the unit goes to sublet for the remainder of the lease term, the original tenant is responsible for any differences in rent and “reasonable” costs incurred in your attempts to re-rent the apartment (this includes disparities in monthly rent between the original and subletting tenant, advertising costs, etc.).
In most cases (but not all—again, be sure to check your state laws), the tenant who signed the original lease is responsible for his rental unit whether he’s occupying the unit or someone else is. This means that the tenant is responsible not only for ensuring that the monthly rent is paid in full and on time, but also for any damages that are incurred in the unit whether they are caused by him or someone else. With this in mind, it’s wise to maintain the original tenant’s security deposit even when a sub-letter is occupying the unit.
If your state provides you with the option to determine whether or not to allow a tenant to sublet, carefully consider the experience you’ve had with your current tenant before making a decision about whether or not to allow a sublease. Since this person is technically still responsible for the unit, you’ll want to make sure he has a proven track record of paying rent on time, taking good care of the unit, and generally behaving appropriately for his living situation. If a tenant is already unreliable while on premises, the situation may well become even worse once he has vacated the unit.
In cases where you are allowing your tenant to sublet the unit to a new tenant of his choosing, it’s wise to recommend that he base his choice on a candidate’s demonstrated record of financial responsibility and stability or lack thereof. In most states, a credit check for this purpose is permissible and, more than that, advisable. A good friend of the original tenant is not necessarily the best choice for a sub-letter.
Although subletting may not be the most desirable option, in many cases it’s better than maintaining a vacant unit. For subletting to work, however, it’s critical that all parties involved—your original tenant, the subletting tenant, and you—have a firm understanding of each party’s responsibilities and financial obligations.
Leave a Comment » | Property Management | Tagged: accounting, advertising, apartment, deposit, financial responsibility, landlord, law, lease, leases, management, market, marketing, obligation, property, rent, rental, security, security deposit, state, sublet, subletting, tenant, unit, vacate | Permalink
Posted by Buildium
