Rental Housing Journal Utah February 2017 by Professional Publishing, Inc

Rental Housing Journal Utah

2. President’s Message – Thank You to Our Associate Members

UPCOMING EVENTS

3. Director’s Message – Legislative Update

Good Landlord Class Ogden ................................ Mar 7th 8:30am Salt Lake............................ Mar 10th 8:30am www.GoodLandlordingTraining.com

4. Ask the Attorney – What to do About Tresspassers

General Membership Meetings Update on New UAA Forms Ogden .............................. Mar 28th 7:00 pm

5. UAA Tradeshow Education Tradeshow Schedule

February 2017 - Vol. 9 Issue 2 EVENTS UPRO Investment Class ........... Fri, Mar 10th 8:30am UAA Office

(448 E Winchester $460, Murray)

UAA Education Conference & Tradeshow ............................. Apr 25th South Towne Expo Center uaahq.org/uaa-education-conference-trade-show

North Wasatch Board of Realtors (5703 S 1475 E, Ogden)

Salt Lake City................. Mar 30th 7:00 pm UAA Office

(448 E Winchester #460, Murray)

www.GoodLandlordingTraining.com

www.rentalhousingjournal.com • Professional Publishing, Inc Official Publication of The Utah Apartment Association Utah’s Leading Advocate for the Rental Housing Industry – 888-244-0401 – WWW.UAAHQ.ORG

What’s the deal with the 24 Hour Notice Rule?

ne of the frequent questions that landlords ask is “how much notice do I need to give my tenants before entering the property?” The short answer is – it depends. Utah State Law requires that “except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.”* However, there are times when you need to enter the property with less than a 24 hour notice. That is why it is important to have a good lease that protects your rights, because the law expressly says that a rental agreement can spell out how much notice needs to be given. The UAA lease says that “[the] Owner may enter the Premises during reasonable hours with or without notice [for any] reasonable business purposes.”**

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continued on page 7

UAA Trade Show Registration Now Open

he UAA is excited to announce a registration incentive to those who attend the 2017 Fair Housing Education Conference & Trade Show at the South Town Expo Center on Tuesday, April 25th. Every week the UAA will hold a drawing and give away prizes to individuals who have registered for the Trade Show. This list of people we are drawing from is cumulative - meaning the earlier you register, and the more people that are registered, the more chances that you or somebody on your team has to be selected. If you sign up to attend this week, your names will be in the drawing every week leading up to the event! We would like to give a special congratulations to our first winner, Suzanne Mangome! She will be receiving a $100 visa gift card from our Week 1 Drawing! General Admission tickets are $40 and Admission & Lunch tickets cost $65. You can receive discounts & special offers when you register online now. If you have any questions, please visit the UAA Trade Show Website (uaahq.org/ uaa-education-conference-trade-show), email events@uaahq.org, or call 801-487-5619. This gathering of more than 1,500+ multifamily housing professionals and over 130+ continued on page 7

Trade Show Registration Drawing Week 1 Winner Suzanne Mangome, pictured with UAA Board Chair Peter Harradine (left) and UAA Events Coordinator Gavin Gilbert (right)

David Harman Receives 2016 Lifetime Achievement Award

ave Harman has spent his whole life working in the real estate industry and has built up a lifetime of achievement and success along the way. On January 27th, he was honored with a Lifetime Achievement Award. Board Chair Peter Harradine surprised Dave (who is his mentor and father-in-law) at the annual awards dinner with 500 people in the audience, almost 40 of them family members, work colleagues or business associates of Dave. Those at Dave’s table say as Peter announced from the podium, “It is now my special honor to be able to present this year’s Lifetime Achievement Award to my boss

and father-in-law, to my friend and mentor, David Harman Sr,” that Dave was mid-bite on his desert, and gulped, completely surprised. “Peter told me the reason all our employees and friends were here tonight was that he was being honored,” says Dave. “I really am surprised and shocked, but very honored. I love this organization and Industry and am honored to be a part of it.” For almost forty five years Dave has owned, managed, and brokered hundreds of properties in Utah. He has been a successful entrepreneur and owns a few different real estate businesses, including a real estate sales company, a real estate pre-li-

censing school, a development company, and a property management company. He has long been a supporter of the Apartment Association, major PAC donor, and longtime participant in many industry events, activities, and volunteer positions.

Dave’s Story Dave’s tenure in property management began way back In 1972. While Dave was a student at BYU he bought a1950’s four-plex in Provo. He later bulldozed this 4 plex and built the Township condominiums. In 1973 Dave graduated from BYU with his Bachelor’s continued on page 7

Utah Apartment Association 448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org

President’s Message Thank You to Our Associate Members

O Peter Harradine, AIT, CAM 2017 UAA Board Chair Utah Apartment Association

ne of the most important parts of the association is the fact that we can create opportunities for members to network with each other. I love attending meetings and seeing landlords, property managers, maintenance technicians and others sharing stories, resources and information with each other. I believe that do-

ing that is a key to being successful in our industry. The unsung heroes who make that possible are our Associate (or Vendor) Members. Companies big and small who not only pay dues just like our “regular” members, but who spend hundreds (and in some cases thousands) of dollars to sponsor events, projects and publi-

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cations. They donate huge amounts of money to the PAC in order to support legislation that will help you much more than it will help them. They also provide volunteers to help staff UAA committees, work at events and teach classes. The Associate Members are not only part of the UAA to get customers, they are truly invested in the success of our industry. They understand that ultimately your success is their success. That is true whether they are accountants, attorneys, plumbers, landscapers, product suppliers, or marketing companies. So in recognition of the hard work put in by all of our associate members, I would like to ask you to do two things. First, please think of them first when you are in need of help since helping them to grow and succeed will also help the association and the industry as a whole to prosper. Second, if you know a company, service provider or product that you regularly use and enjoy – let the UAA know about them so that we can reach out to them! We are always looking to add reputable vendors to the ranks of the Associate members which we already have.

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Rental Housing Journal Utah · January 2017

Utah Apartment Association 448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org

Director’s Message

Legislative Update

L. Paul Smith, CAE UAA Executive Director Utah Apartment Association

s the 2017 Utah Legislative Session passes the midway point, I wanted to give you some information about the bills that have been considered at the State Capitol that will impact you and every other landlord in the state. HB 36: Affordable Housing Amendments – This is the funding bill for $8 million to go into affordable housing this year. The most important piece to us is the $1 million to go to a section 8 housing guarantee fund where landlords who are damaged by tenants on section 8 can get the state to cover up to $5,000 in damages. We have put a lot of work into getting that money for the industry. We hope this bill will be a win/win by protecting landlords and opening up more housing opportunity for tenants who are on section 8 vouchers. HB 83: Rental Application Disclosure Amendments – This is a bill written by tenants group who are trying to protect hard to house applicants who sometimes end up paying multiple application fees and still get denied. The language we compromised makes it a requirement that landlords disclose what criteria we will review towards accepting an applicant, before accepting an application fee or deposit. However, failure to do so does not excuse a tenant from lease compliance or create a cause of action. HB 178: Good Landlord Amendments – This bill prohibits cities from requiring landlords to deny applicants with criminal history. We opposed the bill only on the basis that it’s part of our deal with the cities on reducing business license fees. Ogden has indicated that if it can’t require landlord’s to deny high risk criminals, it will get

rid of its good landlord program and charge landlord’s full price. We fear other cities would follow. However the bill has been amended to give Ogden and West Valley an exception, so we are cautiously watching to see what happens. HB 196: Division of Real Estate Amendments – Every year the DRE runs a “cleanup” bill, which we work with them on. We support changes this year that give more authority to the Real Estate Commission to determine when owners are exempt from licensure. For instance, to manage properties for others requires a real estate license, but managing your own doesn’t. However, what about property for immediate family members? The division has always considered this ok, but there were never specific rules. This division has always considered any ownership interest sufficient to manage your own without a license but it wasn’t clear. This bill will allow the DRE to clarify those rules. HB 202: Trespass Amendments – This bill would allow tenants whose guest won’t move to serve trespass notice and have the trespassers removed by police. This will be a huge help to landlords. One Property Manager said that he is excited that he won’t have to evict women who move in bad-news boyfriends or grandparents who let in drug dealing grandchildren because this bill will allow the tenants to remove the problem themselves. HB 253: Short-term Rental Amendments - This bill will prevent cities from fining property owners merely for listing their properties online for a short term rental. It will also prohibit cities from preventing short term vacation rentals in owner occupied homes. This is an important step to clarifying the rules for vacation rentals (like AirBnB) which many landlords are beginning to use as alternatives when the market is tight. It is being considered by the House. HB 376: Landlord-Tenant Rights - We are excited about this bill which will make some technical changes to the eviction process. It will remove some loopholes that tenant's attorneys have used to illegitimately lengthen the evic-

Rental Housing Journal Utah · January 2017

tion process and will give all evictions the same process - regardless of whether they are done for non-payment or other reasons, or whether they are commercial or residential evictions. Finally, it will remove some of the ambiguity of how much leeway judges have in granting more time to tenants with extenuating circumstances. SB 146: Constable Amendments – Constables are a monopoly appointed by counties who have no interest in keeping costs to consumers down. This bill fixes constables by allowing anyone who wants to be a constable, meets minimum requirements and trainings, to become one and serve papers for evictions and collections. We need more constables to keep costs down for evictions and collections and support this bill.

We have been working hard to protect your interests. In addition to working with the State Legislature, the UAA PAC works with various government entities including Cities, Counties, Health Departments, Housing Authorities, Courts and State and Federal Agencies. Government Affairs issues increasingly take up more time and effort as the laws and regulations get more complex. If you have any questions, would like more information, or have any concerns, please feel free to contact me any time at paul@uaahq.org.

UAA Trade Show Education Schedule Education Session #1

9:30 AM

Current Issues in Fair Housing (1 CE Credit) Panel

Fair Housing can be a difficult maze to navigate, with expensive penalties for doing it wrong. Learn about the most pressing Fair Housing issues that are impacting Utah Landlords and Managers.

Dominate Your Market - The Best Team Wins

Bill Nye

Meth and Property Contamination Issues

Panel

Air Conditioning Mechanical Electrical (Starts at 9:00 3 Hours)

HD Supply

This spectacular and unique program has audiences glued to their seats as Bill leads them through his 5-step program designed to help you build a “market dominating” team. Regardless of your industry or market you will be able to apply this program to your team and see results in a very short time frame. You will leave this seminar highly charged and armed with the tools to be a better leader. Nothing strikes fear into a landlord’s heart like hearing the phrase “your property is contaminated”. What should you do if you suspect your property might be contaminated? What are the costs involved? How can you protect yourself from false positives? This class will help you through these issues. This 3 hour course is a good starting place for any HVAC technician. All skill levels are welcome. We discuss interfacing old and new equipment, service guidelines, repair options and proper charging techniques.

Good Landlord Refresher Course (2 CE Credit)

Jeremiah Maughan

This class on Property Management Basics meets the requirements of municipal Goodland Lord Programs. At the end of the class, participants will receive certificates they can turn into their city to receive a discount on their business licensing fees.

Education Session #2

10:45 AM

Avoiding Fair Housing Complaints (1 CE Credit) Panel

One of the biggest fears landlords have is making a small slip up and suddenly finding themselves in court being charged with discrimination under the Fair Housing Act. Come attend this class and learn how to avoid the most common mistakes that landlords make, how to avoid them, and how to handle tenants who present potential problems.

Customer Service - Seeing What Your Customers See

Bill Nye

Liability: Protecting Yourself and your Business

Panel

Education Session #3

2:15 PM

We can all agree that attitude is the biggest factor in customer service but what really drives our attitude? This seminar will dive deep into the world of social mindfulness and explore the connection it has to customer service. You will learn how the way we view life controls our ability to serve others. Can we offer great customer service when we feel life is unfair? This seminar offers real solutions to your customer service issues. How can you protect yourself against what you can’t predict? Do you have enough insurance? What happens if one of your tenants is injured on your property? What if one of my employees is negligent or just goofs up? This panel of experts will walk you through some of the most common liability issues that landlords and property managers face, and talk about how you can protect yourself and your business.

Current Issues in Fair Housing (1 CE Credit) Panel

Fair Housing can be a difficult maze to navigate, with expensive penalties for doing it wrong. Learn about the most pressing Fair Housing issues that are impacting Utah Landlords and Managers.

A Psychological Approach to Leasing and Selling

Bill Nye

Utilities: Making Profits From a Pain in the Neck

Panel

Air Conditioning Mechanical Electrical (3 Hours)

HD Supply

This highly successful and popular program will make you think, laugh and ponder. You will learn so much about human behavior and what drives our decision-making. This research-based seminar continues to be a crowd favorite. Bill will introduce you to the four basic human temperaments and describe how our temperament type dictates how we view the sales process. Utility costs keep going up. What is the best way to handle this increasing expense? How can you turn utility billing into a profit center? What is the best way to bill tenants for what they use? And who do you call at the utility provider if you have a problem as a landlord? This expert panel has all the answers. This 3 hour course is a good starting place for any HVAC technician. All skill levels are welcome. We discuss interfacing old and new equipment, service guidelines, repair options and proper charging techniques.

Evictions (1 CE Credit)

Jeremy Shorts, Esq.

Education Session #4

4:00 PM

How long does it take to evict in Utah? Most evictions are handled in weeks, but if they are not done correctly they can take months. This class will give you more insights into how to handle evictions quickly and effectively.

Avoiding Fair Housing Complaints (1 CE Credit) Panel

Managing and Motivating the Maintenance Team

Bill Nye

Spring Economic Outlook (1 CE Credit)

James Wood

Knowing When & How to Raise Rent

Panel

Maintenance complaints are one of the biggest reasons that tenants move, and it makes no sense for your leasing staff to bend over backwards to get a tenant to move in, just to have them left unsatisfied by your maintenance team. The key to good maintenance is a well-managed and motivated Maintenance Team. How do you do that? Come to this seminar to learn how to make your maintenance staff into “Partners with a Vision” Join University of Utah Economics Professor Jim Wood for a presentation on the state of the Rental Housing market in Utah. Dr. Wood is the leading expert on the Utah Housing Market and has conducted in depth research about rentals in the state. Come learn more about what is going on and what is likely to happen in the near future. How do you know if you are charging too much for rent or charging too little? How do you really know what you are apartment is worth right now in this quickly changing market? Join a panel to learn about tools and strategies to boost our bottom line. 4

Rental Housing Journal Utah · February 2017

Rental Housing Journal Utah

Ask the Attorney What to do About Trespassers

By Kirk Cullimore Jr.

ou get a complaint about someone in your community causing problems. Upon investigation, you find out that this person is not a current resident. You do not want this person hanging around your community causing problems. What are your options? Because your community is private property, you have the right to dictate who can and can’t be on your property. Someone who is not welcome in your community and that you don’t want on your property is considered a trespasser. When dealing with a trespasser, you can do the following:

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1. Depending on the situation, especially if it involves criminal activity, call the police. Although often the police might not be as helpful as you would like, the police may trespass the person and it can serve as a deterrent for the person to not come back to the community in the future. 2. If possible, serve the person the “Trespass Notice” found on the website. You can serve the person this notice even if you don’t know the person’s name. This will put the person on notice that he/ she has been trespassed and is no longer welcome on the property. It too may be a deterrent for the person to not come back to the community in the future. 3. Serve your resident who is associated with the person

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Rental Housing Journal Utah is a monthly publication published by Professional Publishing Inc., publishers of Real Estate Opportunities in Investing & Real Estate Investor Quarterly

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the “Trespass Notice – Resident” found on the website. This should be done every time you’re dealing with a trespasser. Often the only way to completely resolve a situation involving a trespasser will be to evict the resident. This is the first step in putting the resident on notice that there is a problem and more importantly, if the problem persists, the resident will be evicted. Keep in mind however, depending on the circumstances, the fact that the trespasser merely comes back on the property may not by itself be enough to evict. We’re more likely to evict if the person comes back and continues to cause problems.

the trespasser is causing/ caused, there may be a basis to serve an eviction notice without first having served the trespasser or the resident a “Trespass Notice.” We can walk through the situation with you and let you know if there are any other options in dealing with the trespasser. It’s never easy dealing with a trespasser. However, there are options and our office is here to assist you in finding the best solution for your situation. Kirk Cullimore Jr., Esq. Law Offices of Kirk Cullimore Phone: 801-571-6611 Fax: 801-571-4888 Email: info@cullimore.net

4. Call our office. We’ll definitely ask you whether you’ve already done the 3 things listed above. However, depending on the problems

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Rental Housing Journal Utah · February 2017

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Rental Housing Journal Utah

David Harman Receives the Lifetime ...continued from page 5 Single family Homes

yHe y was the Utah County Board of Realtors – Realtor of the Year in 1989.

yBristol y Pionte, Single family homes and townhomes subdivision yThe y Harman Business Center

yHe y taught the Realtor “Code of Ethics” class for 4 years.

yHarman y House Studio Apartments, where we won the award for Best Overall Renovation in 2012.

yChairman y of Professional Standards Committee yHe y was chairman of the UCAR membership committee.

yBonneville y Vista Townhomes in American Fork, which he is currently involved in.

yHe y served as chairman of the “Multiple Listing Committee” and chairman of the “Professional Standards Committee”.

Dave has the ability to be able to see the vision and potential of a property. On one occasion there was an old carpet warehouse that had an acre of weeds out back on University Parkway in Orem. Dave saw a commercial building. He bought it, put a second story on, turned the weed patch into a parking lot and has turned it into a very successful real estate development. Dave has always given back to the industry that has blessed him and his family, he has given back in contributions in both time and money. Over the years his community and professional service has been extensive and includes: yThe y Orem Chamber of Commerce,

yHe y has earned the “Excellence in Real Estate Award” every year since 2006. yHe y is a CRS and GRI. yHe y currently serves on the UCAR “Government Affairs Committee”. yHe y donates generously to the UCAR PAC and the UAA PAC and others. yHe y has also been very generous with my time and allowed me to serve the Utah Apartment Association freely. He recognizes the good our association dose for our industry and for our businesses.

yOrem y Rotary Club member and Past Treasurer, degree, and then went on to earn his Masters of Public Administration in 1975. In September of 1975 Dave got his real-estate license. In 1976 he got his broker’s license and opened Century 21 Harman Realty where he has trained and managed hundreds of agents over the years. Throughout the years Dave has had many achievements and earned many personal awards. Under his leadership his offices have also been recognized and won many awards and honors. In 1984 he founded the Harman Real Estate Academy, pre-licensing school, and has instructed over 5000 students. During this time he was also building up his own real-estate

portfolio and property management business which he operated himself, handling both the management and maintenance of his own properties for many years. Over the years Dave has also been involved in a number of developments including: yThe y Neighborhood Apartments yTownship y Condominiums yKensington y Condominiums yVictoria y Place Condominiums I yVictoria y Place Condominiums II ySterling y Court Townhouses yAshwood y Subdivision, Single Family Homes yBrentwood y Heights,

yUtah y State Apartment Association Board of Directors, yElected y Landlord Representative on the BYU Landlord/ Tenant Arbitration Board yPresident y of the Century 21 Utah County Broker’s Council, yPresident y of the Utah County Board of Realtors (1986) and served for 4 years on the Board of Directors for the Utah Association of Realtors.

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yHe y is currently a Golden R RPAC donor.

In his 69th year he still comes to work every day, sometimes on his Harley Davidson, and stays actively involved in his businesses. When he’s not working in his businesses you can probably find him riding his Harley Davidson up the canyon. “I feel very blessed to have gotten into the real estate and property management industries,” says Dave. “It’s been an incredible ride. I am very honored to be recognized.”

Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

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Rental Housing Journal Utah · February 2017

Rental Housing Journal Utah

What's the Deal With the ...continued from page 1

UAA Tradeshow Registration ...continued from page 1

That being said, it is generally the best advice is to give as much notice as possible. If you know that you are going to come over to do an inspection next week, or that in twelve days you have a plumber scheduled to come do some routine maintenance, then you should let the tenants who will be affected know as soon as possible. One reason for this is that it is simply good customer service to give as much notice as possible when entering a unit. You want to keep your tenants happy so that they will stay, refer other tenants, give a good review online, understand when you need to raise the rent, and in general cooperate with your and not cause any problems. And entering a tenant’s apartment with little or no notice (especially if they happen to be in the shower) tends to make them a bit grumpy. It’s also a good idea to post a notice on the outside door when you have entered without the tenant’s home to tell them that you are in the unit if they arrive home, and to leave a notice that you entered the unit after you left so that if something is off when they get home they know what happened. Another important reason for this is that if the tenants ever try to bring up the legal aspects of your entering their unit in court it is much easier to prove to a judge that you complied with the law by giving a 24 hour notice than to prove that you complied with the lease by being “reasonable”. After all, what sounds reasonable to you or another property manager or landlord might now sound reasonable to a tenant, a lawyer or a judge. So, when possible give your tenants a 24 hour notice. Nevertheless, there are times when you need to get into the apartment right away. Sometimes it is because of an emergency (you see smoke billowing out of the window for example). Sometimes it is to prevent damage to the building or make pressing repairs (the

exhibitors is the biggest and best event in the State of Utah — and is hitting record-breaking attendance numbers year after year. Just proves that attendees and suppliers are getting an excellent return on their investment. This event is the state’s best, and most comprehensive, recourses for your business. Wither you own or manage rentals you can’t afford to miss this show. Come experience world class education seminars that will save you money and headache, while at the same time collaborating with exhibitors that can save you money on the bottom line. With tens-ofthousands of dollars in draw prizes, giveaways, and money to win; no other event will be as fun or as rewarding as this one. The UAA is pleased to announce we will have award winning entertainer Jason Hewlett as the Keynote Luncheon Speaker at the

upstairs plumbing is flooding the downstairs tenants bathroom and you need to get in right away to stop it). Other times it is a matter of a small difference in time (you only know 18 hours in advance when the plumber will be there), and still other times you need to enter right away to verify occupancy or collect evidence that the tenant is violating the lease. It is up to you to use the rights provided to you by the lease wisely. Just always keep this thought in mind – if I have to prove to a judge that my decision to enter with less than 24 hours’ notice is reasonable, will I have an overwhelming case that it is? If the answer is not a resounding yes, then proceed with caution. Finally, it is important to know what to do if the tenant refuses to allow you into the unit (whether or not you gave notice). You should never force your way into the unit. Instead, the moment they notify you in person or in writing that they won’t let you into the unit (or into any part of the unit), you should give them a 3 Day Notice to Preform Covenants of the Lease notifying them that they are in violation of the lease by refusing to allow you in and that they have three days to come into compliance by permitting you to enter – or else you will evict them. If the problem persists or reoccurs you should call your attorney or the UAA staff for further advice.

2017 Trade Show. Jason Hewlett’s Award-Winning One-Man Show will have you laughing until it hurts. His brand of intoxicatingly G-Rated Comedy, Music, Impressions, and Standing Ovations is unlike anything audiences have ever enjoyed. He has performed over 2,000 shows for more than 1 Million audience members in his incredible corporate career is a “Best in State” winner and received the highest award possible from the National Speaker’s Association, the Certified Speaking professional (SCP) Designation.

* Utah Code 57-22-4(2), part of the Utah Fit Premises Act. ** To read the whole clause look up “Right of Entry” on the UAA lease.

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Rental Housing Journal Utah · February 2017

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Rental Housing Journal Utah Â· February 2017