Utah RHJ April 2018

April 2018 - Vol. 10 Issue 04

Rental Housing Journal Utah

Contents

Upcoming Events

2. President’s Message: Do you Need to Hire a Property Manager?

General Membership Meetings Ogden (5703 S 1475 E, South Ogden) ..................................................................................................................................Wednesday June 27th, 7:00 PM Salt Lake (230 W Towne Ridge Parkway, Sandy) ................................................................................................................Thursday June 28th, 7:00 PM

3. Director’s Message: The UAA Needs All of us to do Our Part 4. Ask the Attorney: 2018 Legislative Update: New Abandonment Law & Other Changes 5. How to Use an “End Of Term Notice”

Good Landlord Classes Salt Lake (New UAA Offices)......................................................................................................................................................... Saturday, June 16th, 8:30 AM Ogden (Ogden City Hall) ..................................................................................................................................................................... Friday, June 22nd, 8:30 AM Salt Lake (New UAA Offices).................................................................................................................................................................Friday, July 13th, 8:30 AM Ogden (Ogden City Hall) .....................................................................................................................................................................Tuesday, July 17th, 8:30 AM UAA Golf Tournament Talons Cove Golf Course ....................................................................................................................................................................................Wednesday July 11th

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

Lawn Care UAA Trade Show & Education When You’re Conference Another Big Hit! Not There

By Gavin Giblert

S

By Jackie Williams

S

pring comes, and summer is on the horizon. With the warm seasons comes lawn care, but what is rewarding work when you are present becomes unmanageable when you are on vacation. It is important to have a plan in place to care for your Utah apartment's grass when you leave home; a lawn that dies can take more than a year to regrow. Here are some tips for ensuring that your lawn does not wilt under the summer heat while you're having fun in the sun.

andy, Utah – “One of the better show the apartment association has put on, I always look forward to this conference but now I’m even more exited. I can’t wait to see how the association improves next year.” DJ Bruhn was not alone in her compliments about the UAA’s annual trade show. The 2018 Utah Apartment Association Trade Show and Education

Conference continued it long heritage of enriching education and outstanding entertainment.

Attendees were treated to a buffet of education classes and a wonderful key-note speaker Sean Bott. There were over 1,500 attendees and 130 exhibitor booths. And from the feedback thus far, individuals had a wonderful time.

This year’s show had some significant changes from the previous year and has created

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continued on page 2

Accommodating Disabled Tenants in Your Rental Property designed to accommodate certain disabilities in particular.

Accommodations are a core element to accessibility law.

The law states that disabled tenants may request reasonable accommodations to be provided, added or allowed for them to use and access their living space and common areas within the property.

continued on page 6

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wonderful opportunities for the shows in the future. One of the biggest changes that came this year was moving the halls and classes down to the south end of the Mountain America Expo Center. Because of the increasing attendance the UAA had to grow its operations into two exhibit halls in 2016 and 2017. This growth created some challenges with the venue; specifically, availability was

A

s a property manager it is fundamental to understand the laws pertaining to disability and accessibility for prospective disabled tenants. The maintenance checkup from Keepe this week involves 15 maintenance ideas to make your property more accessible to disabled tenants.

Researching and studying actual accessibility law should be a priority to prepare and protect yourself.

The Fair Housing Act and

the Fair Housing Amendments Act make it unlawful to reject a prospective tenant because of their disability as you know. However it also prohibits asking a prospective disabled tenant about whether they are disabled and about the nature of their disability, visible or not.

While such questions are unlawful, the law allows for clarifying whether a prospective tenant qualifies for demanding a rental unit designed for disabled tenants only, or for a unit

Disabled tenants request for accommodation should be reasonable The nature of the accommodation requested should exhibit a reasonable relationship to the disability. Such reasonable requests include allowing a service animal to live on the property or a designated parking space. To handle requests properly, it is fundamental to have an open discussion with a tenant regarding their needs.

Deciding what represents a “reasonable” request can be challenging considering that it can continued on page 7

Utah Apartment Association 240 W Towne Ridge Pkwy #175, Sandy, UT 84070 Ph: (801) 487-5619 • Fax: (801) 484-8649 • www.uaahq.org

President’s Message: The UAA Needs All of us to do Our Part vendors who put time into providing a quality experience at their booth. In addition, dozens of instructors spent hours preparing and teaching new information and best practices. Thanks to everyone who did such a fabulous job.

This year the UAA has a goal to raise a record amount of PAC money so we can continue to be

by Jayme Buhlman an effective advocate for property UAA President management. This effort will take Utah Apartment Association all of us. The executive Committee was thrilled to attend a and I have been studying how other record breaking Fair Housing associations with outstanding PAC Conference and Trade Show donations do it and I have observed this past month. It took more than some things which I want to share.

Associations who are good at the efforts of UAA staff to pull off such a successful conference. It PAC fundraising have good staff, took a committee of committed just like we do, but they don’t rely volunteers, and hundreds of solely on their staff. They assign a

I

core group, usually the government affairs committee, and charge them to conduct fundraising events and meetings. One association I know has a meeting where 400 people attend a lunch and they raise $50,000. The way they do it is: First, a core group of people commits to attend and get 5 others each to attend.

Second, companies that contribute make sure they attend, bring checks and they also invite their competitors to come and be involved as well. They challenge people and make it a competition.

Third, they constantly educate others about the association’s accomplishments and importance to their business.

This year I would like to ask for

your help. I would like to ask you to attend one of our fundraisers and not just bring a check, but bring your peers and their checks too.

Also, talk about the successes of our industry and how essential the UAA is to our continued success in business. I would also ask you to challenge landlords and property managers you know to participate and contribute. Tell them how much you contribute and ask them to do the same or more.

Together is the way we will be even more successful than we have been in the past.

Conferance Another Big Hit ...continued from 1 limited and the trade show had to be held at the south end of the expo center. However, the UAA is excited to announce that next years show will be moved back to the north end of the expo center.

“We are very excited to be on the south end, and even more excited that room availability has allowed us to double the number of classes we teach at this show. This increase in education classes will be implemented in 2019” said Jenny Bradly, education chair for the UAA. This is something the UAA is very exited about. Attendees will begin to see a dramatic increase in the amount of education classes being offered in the upcoming trade shows, in addition attendees will have a broader range of classes to choose from when attending.

“We believe that this expansion will be beneficial to attendees, increase the value for them to attend, and expand our vision in improving the quality of rental housing for the state of Utah” said Taylor Smith, education coordinator for the UAA. Another exciting change that has come to the UAA’s annual trade show is the improved keynote luncheons. The education committee has spent a significant amount of time making sure the show is as enjoyable as it is informative. This years show featured mentalist Sean Bott. Mr. Bott has been described as a mix

between Chris Angle and Jack Black, and boy did he deliver. “I couldn’t take my eyes off him” said one attendee, “he blew my mind while making me cry in laughter” said another. Sean performed the closest thing to real magic you will probably see and was incredibly entertaining. This style of entertaining key note has been featured since 2017 and is in the plans to continue in the future.

The events committee is currently reviewing speakers for 2019 and expect to announce the key note sometime this summer.

This year’s trade show felt a little bit different than “another record breaking year”. By all means it was, but everyone who attended could feel that it was a little bit different. The trade show isn’t just growing, it’s improving. Education is becoming better, attendee options are expanding, the overall excitement around the show is electric, and the vendors are getting more involved. This year’s show was truly rememberable, and the future has never been brighter For both attendees and exhibitors.

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Utah Apartment Association 240 W Towne Ridge Pkwy #175, Sandy, UT 84070 Ph: (801) 487-5619 • Fax: (801) 484-8649 • www.uaahq.org

Director’s Message: Do you Need to Hire a Property Manager? of your tenants, service their issues, keep good relations with them, and keep a better watch on the property.

It will also save you somewhere between 8-and-10 percent of rental income and probably dramatically increase the chances that you will keep it occupied.

No management company has anywhere near the incentive that you do to keep it rented and to keep your tenants long-term. You’ll learn quickly that when faced with a vacancy, you’ll jump to get it rented. You will also save yourself one-half month or a full month’s rent in fees for handling the releasing process yourself.

But … you will also learn it is a lot of work!

The main reasons that landlords choose to self-manage are: y If margins on the property are very slim

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

E

very landlord is different and has different needs, concerns, tenants, and problems than the other. For some landlords running their own rentals, and doing the work themselves is the way to go; but for many others, a property management company is nothing short of a miracle for their rental unit. And the amount of work they do can vary based on your needs. y If you own few properties that If you need someone to completely are close by, or easy to access take over the property, or if just finding tenants to fill vacancies will y If you enjoy what you’re doing, and enjoy the time suffice, a personal customizable you spend on the property plan is out there. The following chart can help asses if a property y If you love to micro-manage manager is right for you. your tenants and properties

choose to hire a property manager are: y If you could make more money doing something else y If the property is over an hour away y If you would like to focus your time on things other than rental problems y If the rental is causing much more stress than it’s worth y If you’re more interested in making money, than in saving money

Property manager’s fees vary. In large Apartments, management fees can range from 2-4%. In single family homes, that fee can be 8-13%. There are often additional fees beyond that. Make sure if you use a property manager you clearly understand the fees charge and their company policies.

But the most important first step is to interview several rental companies. Call references, get copies of their insurance and make sure they have the proper type and adequate insurance in place.

Once you make the decision on which property management When You should do it yourself company to hire, keep on a friendly When you should hire a and professional basis with your Managing the property yourself professional Manager allows you to keep the best control The main reasons that landlords manager. Things will go wrong

but just because you are paying for management doesn’t mean you can blame the property management company. You will still need to kep in touch with the management company, the tenants, inspect the properties every once in a while, and do your best to help get it rented when there’s a turnover in tenants.

The Utah Apartment Association has a list of property management companies that we recommend doing business with. If you are interested in this, or if a property manager sounds like something you want to use give us a call.

Not only can these managers lift a huge burden off of a landlords shoulders; but they can increase revenue, eliminate problems on the property, and help the overall value of a rental unit. It also eliminates some of the burden you have to worry about fair housing laws and discrimination.

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Ask the Attorney 2018 Legislative Update: New Abandonment Law & Other Changes

By Jeremy Shorts Utah Eviction Law

T

his legislative session I was grateful to Senator Margaret Dayton and Representative Keith Grover for agreeing to help run a bill that solves a problem with abandonment and also clarifies other issues in landlord/tenant law. The bill (SB 159) passed with a unanimous vote at each stage of the process. Let’s walk through what SB 159 does.

First, SB 159 modifies Utah Code Ann. §78B -6-815 concerning abandoned premises.

There is already a presumption for abandonment in place when (1) the tenant has not notified the owner that they will be absent

from the premises, (2) there is no reasonable evidence that the tenant is occupying the property, and (3) the tenant is late on rent (only one day late if the unit is vacant or 15 days late if the tenant’s personal property is still there). There are two primary issues with the statute: (1) a presumption may be rebutted and challenged in court, and (2) there is no notice to the tenant contemplated by the statute.

This new statute solves both issues. The landlord may still rely on the presumption, but for an added layer of protection the landlord may also serve a “Declaration of Abandonment” after the presumption is met that contains a brief factual statement explaining the basis for abandonment. The tenant then has 24 hours, excluding weekends

and holidays, to provide a written response to the Declaration of Abandonment. If the tenant fails to do so, then the property is considered abandoned as a matter of law. This requirement puts both sides on notice of what the landlord’s intentions are, and will help to clear up a gray area of law when it comes to abandonment.

Once the premises are abandoned, the landlord must still comply with Utah law by removing and storing the property for 15 days.

Second, SB 159 also clarifies and modifies other eviction laws.

For example, posting eviction notices used to refer to posting on the “place of residence” but may exclude commercial properties or leased properties where the tenant is not residing. Posting is now allowed on the leased property. The

old statute only allowed mailing service via certified or registered mail through the USPS. Language was added to allow for service via certified or registered mail “or an equivalent means” to allow for FedEx or UPS. These changes are meant to help clarify Utah law on these issues, providing both landlords and tenants with a more clear understanding of the law. If you have any questions about these or any other statutory changes please contact us.

Jeremy Shorts, Esq. Utah Eviction Law Phone: 801-610-9879 Fax: 801-494-2058 Email: info@utahevictionlaw.com

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Rental Housing Journal Utah · April 2018

Rental Housing Journal Utah

I

How to Use an “End Of Term Notice”

t happens all the time. You get a phone call from your tenant saying that they just got a job offer in another state, or that they are buying a house, or that they need to movie for whatever reason. All that matters is that they give you the proper amount of notice. They don’t have to tell you why they are moving or give you any reason whatsoever. And you have the exact same rights that they do! Once the lease expires, neither party has any obligation to continue or to sign a new lease.

So if you have a tenant who is not necessarily breaking the lease, not necessarily breaking the law, but is causing problems for you, your

neighborhood, or your other tenants then you should give them a notice that you are not going to be renewing their lease.

your tenants a 15 day notice doesn’t mean that they have to move out 15 days later, it means that whatever month that last day is in is the last month that the contract will be valid. So if you give a 15 day notice to a tenant on the 10th of the month then they will have to leave at the end of the month, however if you give it to them on the 17th, then they will have until the end of the next month. (By the way, the same thing applies to tenants, if their notice period goes into the next month, then they may be responsible for rent for the whole next month’s rent.)

Timing is key Under Utah law rental arrangements may only be terminated by one of the parties (landlord or tenant) as laid out in the agreement. If the agreement doesn’t say anything, then either party must give at least 15 days’ notice before the contract renews itself. If that doesn’t happen the arrangement will continue under the current terms and conditions on a month to month basis.

However, just because you gave Fair Housing Complications

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You do not have to give a reason for why you are choosing to not renew a contract. However, you’d better have a good reason because if the reason you chose not to renew their lease is viewed as discriminatory towards your tenants, then you can be charged with violating the Fair Housing Act. Timing is important for this too. For example, imagine you find out that a tenant has an unauthorized pet in the apartment. If you serve them a Three Day Notice to Preform Covenants of the lease, and then they come to you with the necessary paperwork to have the animal accepted as a valid Assistance Animal for their Disability you then

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Lawn Care ...continued from page 1 maintenance, a schedule for watering and fertilizing the lawn, trimming of any bushes, flowers, or trees, maintaining potted plants, and clearing any walkways or building sides of weeds, clutter, or anything that could be a danger to the assistant or any passing pedestrians.

The Expensive Choice: Professional Care You cannot overstate the importance of leaving your lawn in the care of someone who knows what they are doing. Landscaping professionals are the quickest and surest way to maintain your lawn and garden when you are not at home. If you have the money to afford a professional, they usually know exactly what your lawn needs after a courtesy once-over.

Know the Facts of Lawn Growth and Prepare Before You Go Not everyone can afford help when it comes to lawn maintenance, even when you're on vacation. Knowing how fast a lawn is likely to grow and how to prepare for your absence can allow you to take care of the work yourself before you leave. Lawn growth is rarely an issue if your vacation is going to last for a week or less as the summer heat slows the growth rate of grass. Mow your yard and do your usual maintenance the day before you leave, and there should be no issues a week later when you return.

If you will be gone for two weeks, then set your mower down a notch before you cut the grass before you leave, and water your grass deeply.

When you return, set your mower up two notches and cut your grass,

The Cheaper Choice: Amateur Assistance Instead of a professional, an apartment-dweller may ask another tenant, their landlord, or a family friend or neighbor to look after their yard. In this case, you will need to leave clear instructions as to precisely what you expect of them, and you will need to leave them with the tools to complete the tasks that you require. Writing a list of what you expect is an important step.

Any such list should include who is responsible for exactly what task. It should include how to complete that task and the materials required. Those tasks should consist of weekly weed

then set the mower down another notch and cut it a second time.

Water your grass carefully when you return, and it should show signs of life shortly. If you are gone longer than two weeks, then you should consider one of the above options to help with lawn care over an extended absence.

Lawn care when you are on vacation may sound daunting, but with preparation, it is fairly simple.

If you can afford help, then leaving clear instructions can ensure your lawn is as desired upon a return.

If you cannot afford help, then doing thorough maintenance the day before you leave may still be enough to ensure you return to a well-kept landscape.

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Blinds/Drapes 8) This agreement is incorporated into and shall become part of Blinds/Drapes the rental Locks agreement exe -cuted between the parties. Failure by tenant to comply with any part ofCeilings this agreement Rods shall constitute a material breach of the rental agreement. Rods Floor

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503-933-6437 Rental Housing Journal Utah · April 2018

Rental Housing Journal Utah

Accommodating Disabled Tenants ...continued from 1 vary from case to case and property to property: the US Department of Housing Development requires a “interactive process" for reaching a reasonable compromise between a tenant and property manager/ landlord/owner, generally justifying the rejection of demands for certain accommodations only when they represent an “undue” financial burden. If you have questions, please feel free to contact the UAA or your attorney.

for necessary modifications to the property. This being said, the following 15 tips have been provided to make residential units safe and accessible for prospective tenants who are disabled or who have particular needs pertaining to mobility and access.

These changes can be significantly beneficial. It can make a rental property particularly appealing for tenants who value living in an accessible and safe space.

Considering that disability law Accessibility Through Property is more lax and challenging to Modifications Requesting or making changes apply uniformly for residential to a property fall into the category spaces, disabled tenants will likely of “reasonable” requests that may also value their ability to find a or may not be granted. Before any welcoming space that they can modifications can be made, they trust to accommodate their needs, must be approved by a property often becoming long-term tenants.

Finally, addressing accessibility manager/landlord/owner in improvements to a property in a charge, who can ask the tenant to provide information regarding how proactive manner makes it possible proposed changes are necessary to avoid being unprepared when a prospective disabled tenant makes and/or ideal for them.

Municipal laws can also apply requests down the road. to residential requirements, and should be considered when 15 Maintenance Tips For Making handling a request for building a Property Safe And Accessible For Disabled Tenants modifications.

You should insist that all changes follow the 1. Repair or remove carpet appropriate city code. flooring that has become loose, broken tiling and/or any kind Why You Should Invest In of uneven, damaged pavement.

Accessible Modifications Generally, unless a property 2. Pave all walkways and driveways to render them is considered to be federally regular and obstacle-free. assisted housing, disabled tenants are expected to arrange and pay 3. Enlarge all doorways on

both interior and exteriors to at least 36 in. wide 4. Consider installing automatic systems allowing remote opening of doorways, garages and gates 5. Install ramps on all multileveled access points; our experts encourage having a qualified urban planning professional inspect the property and recommend adequate placement of ramps 6. Replace door knobs with accessible flat handles 7. Install non-slip flooring in bathrooms, kitchens, exterior walkways and any other surface that is likely to become slippery when wet 8. Install grab bars in the bathroom, ensuring that they are placed at the correct height and that can support the weight of an average adult 9. Consider installing particular accessible fixtures - such as toilets and showers - or begin by lowering toilets and lavatories.

10. Accessible faucets are ideally switched on by motion sensors 11. Light switches should be lowered to be accessible for wheelchair users, or substituted for a motionsensing lighting system

lowered or substituted for accessible models 13. If the unit is furnished, furniture arrangements should allow enough clearance for users of assistive devices to travel around comfortably 14. Consider implementing Smart technology home system; Smart tech automates several in-home, everyday tasks, which renders them accessible. Additionally, Smart tech is generally a worthy investment as it is a unique and practical asset for most tenants - regardless of ability.

15. Upgrade to a side-by-side refrigerator: especially if your property is due for replacing outdated appliances - which is a beneficial investment considering that most newer appliance models feature energy-saving features - sideto-side refrigerators are ideal as they allow easy access to both refrigerating and freezing compartments.

Keepe is an on-demand maintenance solution for property managers and independent landlords. The company makes hundreds of independent contractors and handymen available for maintenance projects at rental properties.

12. Mailboxes should be

End of Term Notice ...continued from 5 have to accept the animal. And if you then proceed to give them a non-renewal notice it will almost be certainly seen as illegal retaliation and discrimination by the courts.

However, if you had served them an End of Term Notice along with the Three Day Notice up front then you would be totally fine.

You can serve the notice any time When you realize that you don’t want to continue your business relationship with the tenant you can tell them at any time. In fact, the day af-

ter they sign a two year lease you can give them a note that in two years from now you will not keep renting to them.

Of course there are reasons why you might not want to tell the tenants right now that you won’t keep renting to them. Often it is advisable that if you are going to be giving a 15 day notice, that you wait until they have paid the rent for that month to give them the notice that it is their last month in order to prevent possible complications. However, in

general the best advice is to give the tenants a notice as soon as they cause a problem, and a large number of landlords are beginning to give non-renewal notices with all of their 3 Day violations as an added layer of legal protection, no matter how much time is left on the lease.

the nature of rental contracts. If the tenant is not being a problem, and will move when asked, then a month to month notice would be effective.

But a tenant who is a problem tenant and won’t move on their own will still have to be evicted if they refuse to leave because you gave them an End of Term Notice. In addition, if Don’t go overboard a tenant is a problem, Utah Law genOccasionally I hear from landerally allows landlords to evict them lords that they prefer to have month quicker under a “cause” eviction to month agreements instead of than just giving them notice to end long term leases (like for one year) their tenancy. because they have more flexibility to end the relationship if the tenant is a problem. They misunderstand

Advertise in Rental Housing Journal Utah Publisher Will Johnson – will@propubinc.com Designer/Editor Kristin Flores – kristin@propubinc.com

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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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Rental Housing Journal Utah ¡ April 2018