RHJ Valley April 2017

Rental Housing Journal Valley

April 2017

2. Essential Cleaning Tips and Techniques for the Spring

4. Mind Your Business – Tia’s Tips for Better Rental Management

3. RHAO President’s Message

5. Dear Maintenance Men

7. Essential Cleaning Tips and Techniques for the Spring

EUGENE · SALEM ·ALBANY · CORVALLIS WWW.RENTALHOUSINGJOURNAL.COM • PROFESSIONAL PUBLISHING, INC

How To Improve Your Tenant Selection and Screening

Creating a Buzz to Attract Renters to Your Properties

I

n the Chicago Tribune, the real estate section has a weekly feature that profiles an apartment community in their readership area, taking great care to describe the apartment in rich, picturesque detail. It’s one of my favorite parts of the newspaper; allowing me to experience a property that I may not typically visit.

While this may not be feasible for most apartment communities, there are ways to create a similar buzz about your own communities. These can range bolstering your social media profile to teaming up with area businesses that are willing to send applicants your way. While the strategies may vary, all can work to drive more quality applicants to your properties.

• Ramp up your social media strat-

By Landlord Hank

I

was very proudly showing my very first rental property, which had been extensively renovated, to a nicely groomed and mannered young woman.

She arrived for her tour, on time, in a newer vehicle, praising the property and saying she’d love to rent it.

I fancied myself as astute and a good judge of character so I thought I’d skip the tenant screening step. I had her fill out an application and pay the fee.

I told applicant I would let her know later in the day. As I thought more about not screening this tenant I decided to reconsider. I did screen her and found out she was in the process of eviction and hadn’t paid rent in three months!

So do not learn the hard way. Here are some questions and answers to help.

Question: The landlord/investor has the property ready to rent-everything has been repaired and works properly, the unit is clean and looks great, inside and out. You have shown the property to a tenant prospect that seems to fit your criteria and can move in quickly. So what is the next step?

Answer: This step is CRITICAL and if this step continued on page 7 Professional Publishing Inc., PO Box 6244 Beaverton, OR 97007

tours of your community may also be useful. And don’t underestimate the value of Twitter, which can quickly get information out about your community and drive people back to your website for more information. Encourage your residents to share their positive experiences on social media as well.

By Mary Girsch

V

egy. This can be anything from creating a Facebook profile if you don’t already have one, to posting more in-depth information such as photos and videos of your apartment community that can be easily viewed and shared. Virtual

• Create a professional website that is loaded with tools that will appeal to those looking for a new rental home. This includes easy navigational tools, online photos and property tours and access to an online application option as well. If you already have a quality website, make sure that it is updated constantly, with fresh photos continued on page 3

The World is Searching for Reliable Property Managers

irtually every month I meet or hear of a rental income property owner who wants to expand their portfolio. They’re searching throughout the 50 states for deals that make sense to them. Of course finding a lucrative “cap rate” is a challenge in today’s world. With interest rates still at historical lows, the return-on-investment (ROI) is also very low.

The “cap rate”, aka capitalization rate, is the rate of return on a real estate investment property based on the income that the property is expected to generate. Are you aware of the cap rates nationwide?

Knowing what they are, especially in your state and the surrounding states in your region gives you a competitive advantage.

On your web page or social media page you’d be able to offer your insights.

Those insights based on up-to-date information and exceptional awareness will attract prospective clients who are looking for reliable, competent property managers to do business with. Are you one? continued on page 8 PRSRT STD US Postage PAID Portland, OR Permit #5460

Text REALESTATE-ROI to 44222 to receive a digital copy of this year's Real Estate Opportunities in Investing (ROI) Finding Investing Success in Today's Housing Market

Rental Housing Journal Valley

Essential Cleaning Tips and Techniques for5 REASONS the Spring TO USE RENTEGRATION

By Lance Allen, Merchant-Cleaning, The Home Depot

W

hether it is touching up the exterior paint or switching out the air filters, the Spring season is the perfect opportunity to conduct a thorough sweep of each home to impress potential renters and keep your current residents satisfied for the rest of the year.

The following cleaning essentials and latest products will help your maintenance teams clean more efficiently ahead of the busy turnover season.

Allergen Prevention

Approximately 50 million Americans suffer from outdoor allergies, according to the Asthma and Allergy Foundation of America. As spring pollen counts increase across the country, one of the most important steps to help prevent symptoms is replacing air filters. Filters should be replaced every one to three months to minimize dust and pollen buildup.

As temperatures and humidity grow warmer with the season, moist surface areas such as the bathroom and kitchen are more prone for mold buildup. In particular, caulked areas around the tub or sink are common spots for dirt and mildew. Inspect these areas for signs of water damage during apartment turnover to prevent mold growth. In addition to obvious signs like buckling floors and chip-

ping paint, water detection devices can identify high moisture levels and unseen leaks before they get out of hand.

Restore the Outdoors

As winter winds down, walk the property and see if there is any leftover damage from harsh weather. Common problem areas include roofs, irrigation systems and landscaping. For large cleanup jobs, equip teams with trash bags that are not only large, but also reusable. Demobags are 42-gallon, tear-resistant bags made of a tarp-like material that can handle up to 110 pounds of debris and trash. Maintenance teams can reuse them up to 5 times, making cleanup much quicker.

Also, look for opportunities to touch up and increase curb appeal. Make sure all grills and patio furniture are in tip-top shop shape, and look into multi-purpose cleaners that are heavy-duty like ZEP Citrus Degreaser to help remove any grime and dirt. When choosing cleaning chemicals, look for large sizes of concentrated product rather than single bottles. For example, a gallon-sized version of concentrated glass cleaner will deliver the equivalent of 128 bottles. Not only will this save hundreds of dollars, but maintenance teams will also make less frequent trips to the store.

Essential Tools for the Job

During this busy season of heavy turn-

over, 1.having right tools canisenable clean property will help your resiManagement Database - RentegraAccessthe - Rentegration.com a web 4. A maintenance teams to operate efficiently. dents take full advantage of the property based, multi-user software offering cus- tion.com is an easy to use, database driven software.

Most form fields are auto tomers 24/7 access to forms generation, While cleaning supplies may not seem as the weather warms up. No matter how populated froma the database. property data- Tenant like aarchives, market rife Standards with management innovation, prodbig or Network small task may be;The youmodwant to Color for National Logo ules are all integrated and work together. base, basic accounting, vendor ordering ucts like the Rubbermaid Maximizer ensure your residents have a clean enviexample, a customer can use the rent• Logos are provided on the CD in all three forms: and other services. ronment.

Looped-End Mop feature new technol- For all black, reversed to white, or in PMS 280 Blue/PMS 7543 Gray spot or 4/color applications. roll function to identify all delinquencies, see below for specific use examples. ogy to help Please teams move faster. mop 2. Rental and Lease Forms - The Unlimited apply fees, and create eviction forms with • No other colors are acceptable for use for the logo. provides more and use of30•aNopercent full line of statecoverage specific rental

By Lance Allen, Merchant-Cleaning, a few clicks altering of the logo is allowed. If you have a special circumstance that simple requires something notof the mouse. weighs 25 percent less than standard and lease forms. provided on the CD,All pleaseRentegration.com call NTN NATIONAL HEADQUARTERS 1.800.228.0989 for assistance.

The Home Depot Logoscreated should not be put a busy background. mops.forms Or, •are consider the Quickie Jobsite byover attorneys and/or 5. Value - Large property management Lance joined The Home Depot in 2014 that use Rentegration.com Pushlocal Broom forhousing heavy duty jobs like con- companies rental associations. in product development and is currently only generation will save time BLACK (withforms 40% gray circle) struction debris, sidewalks and garages. forWHITE national Cleaning Merchant.

3. Simplified Accounting - Owners and the money over other methods. MidWith The water-resistant fiberglass handle and managers can track income andwill ex- and ample and managers background smallexperience size property andworkhelp pense your for teams finish projects quickly each unit, property and compa- independent ing with tools, hardware and paint, Lance rental owners can manage and comfortably. ny. Perfect for mid and small size property their entire business atto a fraction the has the knowledge help theofconsumer managers and independent own- cost of Today, eco-friendly products rental are a good other forms. and PROsoftware meet alland their product needs. ers, who the need or budget alternative toneither get thehave job done without any for larger, more expensive software. chemical smell or effects.

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Start by building yoursales@rentegration.com education.

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1) The pet(s) shall be on a leash or otherwise under tenant’sGarbage control Cans when it is outside the tenant’s dwelling unit.

TV Antenna/Cable 2) Tenant(s) shall promptly pick up all pet waste from the premises promptly.

3) Tenant(s) are responsible for the conduct of their pet(s) Fireplace at all times.

4) Tenant(s) are liable for all damages caused by their pet(s).

5) Tenant(s) shall pay the additional security deposit listedCleanliness above and/or their rental agreement as a condition to keeping the pet(s) listed above.

6) Tenant(s) shall not allow their pets to cause any sort of disturbance or injury to the BEDROOM other tenants, guests, landlord or any other persons lawfully on the premises.

1 7) Tenant(s) shall immediately report to landlord any typeWalls of damage or injury caused by their pet.

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2

Rental Housing Journal Valley · April 2017

Rental Housing Journal Valley

President’s Message

A

Okay Landlords – It’s Time to Listen Up!

pril is Fair Housing Month. This is the time for us, as owners of rental properties, to review, reflect, and re-commit to the idea that housing is for everyone, regardless of race, religion, or familial status.

This seems like a no-brainer, doesn’t it?

This is something we should all just expect, shouldn’t we? After all, we all want to do the right thing, don’t we?

As a review, keep in mind: The federal, state and local laws are strict and unforgiving when it comes to restricting discrimination and granting protections to protected classes in order to create and maintain a safe and level basis for treating everyone equally and fairly.

It is not enough to “allow” someone to rent a property. If a rental housing provider is found guilty of behaving in a way or saying anything that infringes upon the Fair Housing rights of a protected-class individual, the provider would be discriminatory by way of “disparate impact.”

“Disparate impact” is when a facially neutral business or employer appears neutral, but is discriminatory in application or effect. According to the Oregon State Bar, the law “makes clear that housing discrimination is unlawful whether it is deliberate and intentional or has the effect – intentional or not – of having a greater or ‘disparate’ impact on people who are in a protected group.”

If I show a vacant unit to an individual

who walks with a cane, and I ask them to ‘watch their step’ as we navigate a walkway to the front door, I may have violated Fair Housing law. My awkward attempt at courtesy is no excuse for treating a handicapped individual any differently than I would anyone else.

Like the old adage claims, “the ends don’t justify the means”; discrimination occurs whether or not the affected party was granted the right to rent or negatively affected by the discriminatory action.

As we reflect on the notion that we have some control over what ‘type’ of people we rent to, we should consider that by its nature, this is a discriminating premise. What their source of income is; how many are in the household; what type of animal(s) they represent as companions; what relationship they have to one another; if they have been convicted of crimes not related to a person or property; whether they have prevailed in a lawsuit with a prior landlord; or what reasonable accommodations we may need to offer in order to function in this dwelling are simply not matters on the table for housing providers to consider when reviewing or approving renters.

In Oregon, Fair Housing complaints are administered by the Bureau of Labor and Industry (BOLI) as part of their Civil Rights division. When a complaint is filed it is reviewed by a state investigator. BOLI has said they do not use “judicial preroga-

tive” when reviewing complaints – meaning that they take each one as a viable concern without initially determining its validity.

After an investigation is completed on a complaint, it proceeds to an administrative hearing. “In cases of discrimination in housing… remedies may include the rental, lease, or sale of real property, the provision of services, out-of-pocket expenses or benefits lost because of the discriminatory practice and compensation for emotional distress.” Once a complaint goes to court, the fines are rarely below $40,000, according to Chris Lynch, BOLI’s operations manager for this division.

In an article for The Oregonian, investigators for BOLI shared, “Other potential acts of discrimination may sound like common sense or neighborly suggestions.

For instance… some landlords have tried to steer families away from second-story apartments with balconies. Landlords thought they were protecting children -and potentially themselves from future liability lawsuits -- but those decisions have to be left to parents”.

These stories of discrimination can be frightening because of the consequences that may be levied on the property owners. They require on-going discussions and the fact is, that to be faithful to Fair Housing policies, our continued vigilance is essential.

Yet, as we re-commit ourselves to Fair

Housing, perhaps it’s also helpful to reflect on our own history. My wife’s family immigrated to the U.S. when she was 8 years old, and she was the eldest of 7 siblings. Her family of 9 rented an upstairs 4 bedroom flat in San Francisco. Whether it was or wasn’t under the threat of punishment or fines, or by written law or decree, or economically rewarding or not, years later, I can attest that I am very grateful this occurred. As her family found a new home in a new country, she remembers those days as happy times of her childhood. Today, after 33 years of marriage, I can’t imagine what my life would be without her in it, or how her life may have been affected if she had not been able to grow up in a safe home.

So, how do I process all of this in my role as a Property Manager? It is a “fair” question! When my clients – the property owners - ask me who has rented their property, I tell them “they qualified for our guidelines”. As long as they pay the rent on time, don’t damage the property or violate the rental agreement, they will happily remain our tenants. It is just that simple.

Ron Garcia Rental Housing Alliance Oregon President

Creating a Buzz ...continued from front page and new information.

• Get to know your neighbors.

Teaming up with area businesses can serve to drive a large number of applicants to your properties.

Consider giving any referred applicant an incentive, such as a 5% rent discount, reduced security deposit or other incentive such as a gift card.

strategy, you’ll want to include photos and virtual tours of your properties that will entice readers to search out your property for more information.

While attracting quality tenants can often seem difficult, employing these strategies can provide you with a pool of applicants that will have your community leased up in no time.

• Encourage your current tenants to refer friends, family, and colleagues, and reward them with a gift card once a referral signs a lease.

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Rental Housing Journal Valley

Mind Your Business – Tia’s Tips for Better Rental Management Think you know what you need to know about landlord-tenant law?

Here are 20 questions that will give you the answer.

By Tia Politi, ROA President 1. Using language, written or verbal, that causes a tenant or applicant in a protected class to fear discriminatory treatment is called: a. Cooling effect b. Steering c. Chilling effect d. Butterfly effect 2. If a landlord accepts a screening fee, they must: a. Provide written screening criteria to each applicant. b. Provide a receipt for the fee. c. Return the fee if another applicant is chosen. d. All of the above e. None of the above.

3. The HUD Memo regarding criminal history allows a landlord to continue to deny any applicant for any criminal history, regardless of circumstance. a. True b. False 4. If a landlord has accepted a security deposit to execute a rental agreement and has a signed Deposit to Hold (DTH) contract with the applicant, and they decide not to move in: a. They must refund the DTH in full within 48 hours. b. They may retain the DTH in full. c. They may only retain the amount necessary to pay for your actual damages related to their failure to complete the contract and return the remainder within 31 days. d. None of the above.

5. Upon initiating a tenancy, a landlord may charge the following fees: a. A cleaning fee b. A pet fee c. A carpet fee d. All of the above e. None of the above 6. If a tenant wants a pet, a landlord may: a. Charge a pet fee. b. Limit the size or breed of pet. c. Charge a non-refundable pet deposit. d. All of the above. e. None of the above.

7. If an applicant or tenant requests an aid animal for a disability, a landlord may require that, a. The request be in writing b. There be only one assistance animal per resident c. Both a and b

d. Neither a nor b 8. Landlords can charge an additional deposit for an assistance animal. a. True b. False 9. A landlord may require tenants to obtain renters’ insurance naming them as an Interested Party and requiring a minimum of $100,000 of liability coverage under the following circumstances: a. It is stated as a requirement in the application and rental agreement and disclosed prior to accepting any payments. b. Household income is above 50% of the median income for the area in which the rental property is located based on household size. c. There are no restrictions on how or when a landlord may require their tenants to obtain renters’ insurance. d. It is against landlord-tenant law to require renters’ insurance. e. Both A & B 10. If a tenant provides a landlord with a third-party verification that they have been a victim of domestic violence, sexual assault or stalking and asks that their door locks be changed, a landlord must do so promptly and may not charge them for the service. a. True b. False 11. A victim of domestic violence may be charged for damage caused by a perpetrator. a. True b. False 12. A victim of domestic violence, sexual assault or stalking (DV) has the right to: a. Release themselves and any immediate family members from a rental agreement with only 14 days’ written notice. b. Ask that the perpetrator’s tenancy be terminated. c. Continue the tenancy, even if there have been noise complaints or damage to the property related to the act(s) of domestic violence, sexual assault or stalking. d. None of the above. e. All of the above.

13. In a month-to-month or fixed-term tenancy, if rent is not paid by 11:59 p.m. on the 4th day of the rental period, a landlord should serve: a. A 144-hour Notice to Pay or Vacate for Nonpayment of Rent. b. A 72-hour Notice to Pay or Vacate for Nonpayment of Rent. c. A Notice of Termination with Cause

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d. None of the above 14. To have the right to post-and-mail a legal notice to a tenant, a landlord must: a. Have the right stated in writing in the rental agreement. b. List a physical address located a reasonable distance from the dwelling unit for the tenant to be allowed to postand-mail notices to their landlord. c. Add three days for mailing. d. Both a & b. e. Both b & c f. Both a & b g. None of the above h. All of the above 15. Landlords may charge non-compliance fees of $50 for a 2nd offense and $50 plus 5% of the rent amount for all subsequent offenses for the following breaches of contract: a. Disturbing the quiet enjoyment of the neighbors. b. Improper use of a vehicle. c. Smoking in a clearly designated non-smoking unit or area of the premises. d. Keeping on the premises an unauthorized pet capable of causing damage. e. Both a & b f. Both a & c g. Both c & d h. All of the above i. None of the above 16. Accepting behavior by a tenant outside the bounds of the rental agreement for three separate rental periods creates a problem called: a. Leave b. Waiver c. Discrimination d. Nothing, it creates no problem 17. If the power goes out due to bad weather, a landlord is obligated to: a. Put the tenant up in a hotel until power is restored. b. Provide food, blankets and an alternate heat source until the power is restored. c. It is an Act of God and they have no obligation. d. None of the above.

18. Once all tenants have vacated the premises, a landlord must provide a written accounting of all deposits paid within days. a. 30 days b. 14 days c. 45 days d. 31 days 19. In a month-to-month tenancy, if one tenant among a group gives notice and

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vacates, but the other tenants want to stay, a landlord is obligated to return any portion of the security deposit or prepaid rents the departing tenant tendered at the beginning of the tenancy. a. True b. False 20. If a tenant leaves any property behind after they vacate the premises, a landlord is obligated to: a. Serve an abandoned property notice, but only if the property value is more than $1000. b. Hold the property for 30 days and dispose of it if the tenant doesn’t make contact. c. Serve an abandoned property notice and provide the tenant with an opportunity to retrieve their property. d. Sell the property and apply the proceeds to the tenant’s account. e. Withhold the property pending payment in full of all outstanding amounts owing to the landlord. f. The landlord has no obligation regarding a past tenant’s property and may consider the property abandoned.

Answer key: 1.

C - chilling effect. Make sure your language written or spoken describes the property, not the kind of people you think should live there. Make sure the words you say or write don’t indicate discriminatory intent or action based on an applicant or tenant’s membership in a protected class. Protected classes are: Federal – Race, Color, National Origin, Religion, Gender, Familial Status (families with children), and Disability. State of Oregon: Marital Status, Source of Income (including housing subsidies like Section 8), Sexual Orientation, and Gender Identity. Eugene: Type of Occupation, Ethnicity and Domestic Partnership.

2.

D - all of the above. If a landlord accepts screening fees to cover the cost of screening applicants, they must provide written screening criteria to view prior to or along with the application, provide a receipt for the fee, have an available unit or one that will be available, and refund the fee in full promptly if they do not screen the applicant.

3.

B - false. The HUD Memo on the use of criminal history standards for applicants was issued due to a disparate impact of the use of these records against those of Hispanic or African descent.

The clarification provides that a landlord must take into consideration not only a criminal act or acts, but the likelihood of recidivism, and the actual danger to the property, the neighbors, the landlord, or the landlord’s agent. Refer to the ROA continued on page 6

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Rental Housing Journal Valley

DEAR MAINTENANCE MEN: Painter's Caulk, Redwood and Cigarette Smoke

By Jerry L’Ecuyer & Frank Alvarez Dear Maintenance Men: I have just finished rehabbing a rental unit. I replaced counter tops, cabinets, baseboards and so on. Even though the unit is freshly painted with new carpets, the unit still looks unfinished. The base boards don’t always follow the wall contours exactly and the cabinets also have small gaps where they meet the wall. What can I do to make my work look professional?

Julia Dear Julia: We are going to let you in on a “professional” secret and it is called painter’s caulk! Painter’s caulk typically comes in a tube and is applied with a caulking gun.

Run a small bead of caulk along the baseboard and with your finger push the caulk between the wall and the gap you are trying to fill. Using a damp sponge or rag, wipe up any excess caulk. Painter’s caulk can be used to hide a multitude of installation sins. Almost anywhere two dissimilar materials meet; painter’s caulk can help hide the transition. Painter’s caulk is not limited to just baseboard, use it to make cabinets and door trim look custom installed. Fill nail holes without making a big flat spot on your wall. If you have ever tried to mate two pieces of trim or coving at a 45 degree angle and your cuts are not quite square, use painter’s caulk and no one will know. All gaps will magically disappear.

Dear Maintenance Men: My building has redwood fencing and patio decks. Both the fencing and decks are in good condition, however the “red” in the wood has faded with exposure to the weather. The wood looks grey now. How can I bring back the redwood look back without buying new wood?

Josh Dear Josh: A Redwood deck or fence may be young and fit, but they do tend to grey prematurely. Luckily, the solution is not too hard. There is a chemical called oxalic acid which will help give the wood its youth and vitality back again. Most hardware stores will stock a product called cedar and redwood cleaner/brightener. It may be under the brand name of “Olympic Cedar and Redwood Deck Brightener” Be sure your deck or fence is clean before treatment by using a TSP and water solution. (TSP is a heavy duty powder

cleaning solution available at any hardware store or supermarket.) After cleaning, be sure to read the deck brightener product’s instructions before use. For safety and wear gloves and goggles. Mix the product’s solution with water into a pump up sprayer. Wet the deck or fence with the solution and using a nylon brush or broom, scrub the wood evenly, working harder on stained areas. Let the solution stand for about thirty minutes and rinse off with a strong stream of water. Let dry and the wood should look brighter. It might not look brand new, but it will look much better.

“acoustical” or “pop-corn” type ceiling, that’s a problem. By its nature, acoustical ceiling material cannot be cleaned.

Encapsulating the acoustical ceiling with spray paint may solve the problem. You will need a primer coat and a minimum of two coats of paint. If the smell is still present, give it another coat of paint and let the unit air as much as possible. Don’t forget to wash the windows and window frames. You will be amazed at how clean the aluminum or vinyl windows will look after a good cleaning.

Bio: If you need maintenance work or consultation for your building or project, please feel free to contact us. We are available throughout Southern California.

For an appointment please call Buffalo Maintenance, Inc. at 714 956-8371 Jerry L'Ecuyer is a licensed contractor & real estate broker. He is currently on the Board of Directors and Past Chairman of the Education Committee of the Apartment Association of Orange County. Jerry has been involved with apartments as a professional since 1988. Frank Alvarez is the Operations Director and co-owner of Buffalo Maintenance, Inc. He has been involved with apartment maintenance & construction for over 20 years. He is also a lecturer & educational instructor and CoChair of the Education Committee of the Apartment Association of Orange County and Chair of the Education Committee at Southern Cities Apartment Association.

Frank can be reached at (714) 956-8371 Frankie@BuffaloMaintenance.com For more info please go to: www.BuffaloMaintenance.com

Dear Maintenance Men: My current vacancy was long occupied by a heavy smoker. Every surface is sticky with brown nicotine and the smell of smoke is overwhelming. How do I get rid of the smell and keep it from coming back?

George Dear George: Cigarette smell is very hard to remove even after painting and cleaning the carpets. Chances are if the resident was long term, the carpets, drapes or blinds will need to be replaced. Remove the carpets, pad and tack strips. The tack strips are wood and can absorb and release the smell of smoke, urine etc. Thoroughly clean the floors with soapy water mixed with bleach. After cleaning the floors, it is not a bad idea to paint or use a primer to coat the flooring. One of the best ways to remove the nicotine residue from the walls is using old-fashioned elbow grease!

Again, wash the walls with soapy water using a brush or rag. Adding TSP (a powdered cleaning solution available at most hardware stores) or using a degrease agent will help in the cleaning. If you have flat ceilings, wash them too. If you have

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Rental Housing Journal Valley · April 2017

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Rental Housing Journal Valley

Tia’s Tips ...continued from page 4 website to read the text of the memo.

4.

B - a landlord may retain the DTH in full. The DTH agreement gives each party certain rights. Should the applicants opt against moving in for any reason not related to the landlord’s ability to provide the property, they may keep their deposit to hold in its entirety. If for whatever reason, the landlord is unable to deliver the property as promised, they must refund the deposit to hold promptly in its entirety. Without a signed deposit-to-hold form landlords must return any money collected as a DTH if the tenant doesn’t move in, no matter who’s at fault.

5.

E - none of the above. A fee is a non-refundable payment of money.

Fees are strictly limited to the following: screening, late payment of rent or utilities, dishonored check, lease break, smoke/ CO alarm tampering, unauthorized pets capable of causing damage, parking violation or improper use of a vehicle, trash violation, smoking violation, animal waste violation, HOA/COA move-in or move-out fees, and municipal fees. These are the only fees a landlord may charge.

Landlords are not required to account to tenants for lawfully charged fees, but there are strict requirements that must be met for charging and billing fees to tenants, or terminating tenancies based on non-payment of fees.

6.

B - limit the size or breed of pet.

Landlords may limit the size, breed or species of pets allowed. Additionally, they may charge a pet deposit and pet rent for the privilege, but not a pet fee or non-refundable pet deposit.

7.

D - neither a nor b. A landlord must consider all requests for reasonable accommodation, which is a request for a change in policy to accommodate an individual with a disability. In regard to assistance animals, there is no set number of animals that a resident may request; however, the request must be reasonable and while it is a violation to ask the nature of the disability, a landlord may require that the individual verifying the disability have direct knowledge of the isability.

It is also okay to verify that a secondary or tertiary animal provides some additional service or assistance related to the disability that the first does not.

8.

B - false. An assistance animal is an assistive device to allow a disabled tenant the right to enjoy their rental unit the way a non-disabled person could. Like a wheelchair, a landlord may not charge any deposits or fees for an assistance animal.

9.

E - both a & b. Landlord-tenant law allows a landlord to require renter’s

6

insurance with limitations. First, the requirement must be disclosed in writing prior to accepting any payments, but can be offered as a 30-day Notice of Change in Terms after move-in on a month-tomonth agreement. Second, landlords may require that the renter’s insurance policy maintains liability coverage of at least $100,000, and names the landlord as an Interested Party. Third, the landlord may not require renter’s insurance if the household median income based on household size is below 50% of the median for the location of the dwelling unit.

(Income calculator can be found at www. hud.gov.) If allowed by law, failure to maintain the required renter’s insurance policy in force, name the landlord as an Interested Party, or reduction of liability coverage below the minimum $100,000, is a breach of contract for which the tenancy can be terminated.

10.

B - false (but partly true). Landlords must change the locks immediately upon demand after submission of a third-party verification of domestic violence, sexual assault, or stalking by the tenant, and may not charge for the service prior to being paid to do so; but they may require repayment from the victim within a reasonable time frame for the cost.

11.

B - false. A victim of domestic violence, sexual assault or stalking may not be held financially liable for damage caused by their perpetrator.

12.

E - all of the above. Victims of DV have special rights, which include the ability to release themselves and any immediate family members from a rental agreement – including a fixed-term lease - with only 14 days’ written notice and without penalty. They also have the right to ask their landlord to terminate the tenancy of a perpetrator, and to continue their own tenancy, even if there have been police visits, noise complaints, or damage related to DV. All of these allowances require the victim to provide a third-party verification of the incident(s) of DV occurring within 90 days preceding the tenant’s request.

13.

A - a 144-hour Notice to Pay or Vacate for Nonpayment of Rent. Typically, rent is due on the 1st, and if allowed by the rental agreement, late if not received by midnight of the 4th. This language allows landlords to charge a late fee and serve a notice for nonpayment at that point. Without that language in the rental agreement, rent is considered late if not received by midnight of the 7th.

Most landlords wait and serve a 72-hour notice on the 8th day, but it is permissible to serve a 144-hour notice as early as

the 5th day. Both notices will expire at the same time, the 144 just provides more time to cure. In a week-to-week tenancy, a landlord may serve a 72-hour notice on the 5th day, but that is the only exception.

Some low-income housing providers are required to serve a Notice of Termination with Cause for late rent payments, giving the tenants 14-17 days to cure the notice, or the tenancy terminates in 30.

14.

D - both a & b. To have the right to serve a legal notice by post-and-mail a landlord must meet three requirements: First, the right must be stated in the written rental agreement. (If landlords don’t have a written rental agreement, they don’t have the right to post-and-mail. If landlords have a written rental agreement and the post-and-mail language is absent, they don’t have the right to post-and-mail.) Secondly, the right must provide reciprocity to the tenant to postand-mail notices to their landlord by the listing of a physical address wherein the landlord may be served notice. (If landlords don’t have a physical address listed in the rental agreement or some other document associated with the tenancy, such as a notice of change-in-terms, they don’t have the right to post-and-mail. If the stated location is a post office box or other mail box, landlords don’t have the right to post-and-mail.) Thirdly, the listed reciprocal location must be a reasonable distance from the dwelling unit. (The distance is not defined, but landlords should take into account the tenant’s abilities and transportation options when deciding if this requirement is being met.) If a landlord doesn’t have the right to postand-mail their legal notices, they have to either personally serve a notice to each named party, or mail the notice first class mail separately to each named party and all other occupants, adding three days for mailing (not counting the day it is mailed).

15.

B - improper use of a vehicle. Disturbing the quiet enjoyment of neighbors is not an offense for which a landlord may charge a noncompliance fee, but repeated violations may be grounds for a termination of the rental agreement. Smoking violations will incur noncompliance fees, but the fee is $250 per violation, and the same is true of unauthorized pets capable of causing damage. There are substantial legal requirements and limitations for charging tenant fees, and for terminating a tenancy for nonpayment of fees.

16.

B - waiver. When a landlord accepts rent for three separate rental periods with knowledge that the tenant is breaching the contract, they re-write the terms of the agreement.

17.

C - it is an Act of God and there is no legal obligation. If a failure of essential services is caused purposefully or negligently by the landlord, there is a legal obligation to provide appropriate assistance. If the lack of essential service is due to factors beyond the landlord’s control, there isn’t, but many landlords sense a moral obligation to offer what help they can. This concept goes both ways. If the rental unit is damaged by an Act of God beyond the tenant’s control, they have no legal obligation to their landlord to mitigate damages, or protect the property, and cannot be held financially liable.

18.

D - 31 days. A landlord has the obligation to provide a written accounting of all deposits and prepaid rents tendered by the parties to a rental agreement once the tenancy has terminated for all occupants. The 31-day clock begins the day the landlord regains legal possession

of the dwelling unit.

19.

B - false. When deposit monies are tendered for a month-to-month tenancy, the deposit stays with the property until the last person vacates. Individual tenants may vacate the premises with a 30-day written notice, and release themselves from responsibility when their notice expires, but they abandon any rights to any portion of the refundable deposits paid, including pre-paid rents. In a fixedterm tenancy, if the landlord and the other residents choose to release one party from the agreement, they may be required to refund that party’s prepaid funds, so be careful to clearly state in any release agreement that by their signature of release, they are also waiving rights to those deposits or pre-paid rents. If all parties to a lease break the lease and move out early, landlords are still required to account for their deposits and pre-paid rents within the 31-day deadline. Additionally, the law states that the written accounting be placed in a first-class mail receptacle on or before the 31st day, not that it must be postmarked that day.

20.

C - serve an abandoned property notice and provide the tenant with an opportunity to retrieve their property. If you serve that notice personally, the tenant has five days, and if by mail eight days to make contact. The tenant then gets an additional 15 days from the date of contact to arrange to retrieve their belongings, but the retrieval may not pose an undue burden to the landlord. Withholding a tenant’s personal property pending the payment of monies owing is illegal. A landlord may require the payment of storage charges alone, if incurred, as long as the personal property was not abandoned after an eviction action, in which case a landlord may not require pre-payment of the storage charges before releasing the personal property. If there is no response during the statutory notice period of the notice, and the total value of the abandoned property is less than $1000, the property may be donated to charity. If the property is worth more than $1000, landlords are required to hold a public sale and apply any proceeds of the sale to the tenant’s account, refunding any overage to the tenant, or if unclaimed for two years, refunding the overage to the Department of State Lands. A landlord may not keep any of the abandoned property, but must donate to charity any items not sold.

19-20 – You are the Mary Poppins of landlords – practically perfect in every way.

15-18 – You are on the cusp of greatness.

Continue your education, stay aware of changes in the law and you shall succeed.

11-14 – You know a lot, but not enough to avoid trouble. Continue to take classes, read the ROA bulletin, re-read through the archived articles on the website, and when in doubt call the Helpline.

6-10 – You are at legal risk. You should consider hiring an attorney or consultant to look over your situation to help you correct your deficiencies before they hurt you. Consider hiring a professional property manager.

0-5 – You are at great risk of costly legal claims and personal misfortune. Hire a professional property manager immediately.

Rental Housing Journal Valley · April 2017

Rental Housing Journal Valley

Tia’s Tips ...continued from page 6 is not handled properly, the landlord will know first-hand why the landlord role is not for everyone.

Tenant screening begins with your personal assessment of the prospective tenant and prospect’s family.

• Are prospects clean and well groomed?

• Are kids bouncing off the walls, etc?

• Is the car they drove up in falling apart and filthy? Or nice?

• Would you want to live next to these people?

The application is the key that unlocks the real truth to how this prospect conducts life and relationships.

Submitted with the application are driver’s license copy or photo ID so you know the people you are checking out are the people that are applying for your apartment, and not a brother or a friend of the real applicant using someone else’s information, social security number, etc.

You also want verification of income.

Preferably you want the last two years tax returns, or bank statements for last three months and pay stubs from work.

The application will request the following: • Biographical information, name, current and previous addresses • Contact information – not just the tenant but others such as relatives and emergency contacts • Social security number

lord, will verify residential/employment history, here is what you do next: Your first phone call should be to the current landlord. If it starts with someone answering the phone “Hello,” then questions immediately arise in your mind as to who is answering this phone as it does not sound like a professional landlord. Is it really a landlord or owner of a rental property and this is their only rental? Or, is this the applicant’s best friend or relative?

When this has happened to me, I tell them my name and say the applicant is using them as a reference and how does this person know that applicant?

I don’t tell them applicant is looking to rent from me, etc.

Sometimes I hear that the applicant is this “landlord’s” (again, is it really a landlord?) relative or friend and they are staying with them or other times the person answering the phone says that applicant used to, or still does, rent from them.

What to ask when you get on the phone with previous landlord At this point, I ask if they would be willing to answer some questions concerning the applicant. Sometimes I must send the prospective tenant’s signed application which contains authorization for release of information.

The questions I want answered are: • Rent amount paid to this landlord • Term of occupancy • Payment history

• Date of birth

• Notice of termination of lease given (usually 30-60 days)

• Work history

• Any damage to property

• Signed authorization for you to run credit and background checks

• Any unauthorized guests or pets

Your application fee should pay for this screening process. There are screening companies that will handle this process and send you a summary. Or, you can set up with a company to run credit and background checks and you as landlord can check work and residential history by calling references.

All adults must be screened and on the lease.

Calling the previous landlord

So if you decide that you, as the land-

• Eligibility for renting to this person again • Anything else this landlord thinks I should know?

Now what do you do as a landlord?

You have the information you want but can you trust that information?

In this situation, I’ve immediately called the tenant and asked for clarification of this rental situation and asked: • Is this landlord a family member or friend?

Essential Cleaning Tips and Techniques for the Spring

By Lance Allen, Merchant-Cleaning, The Home Depot

W

hether it is touching up the exterior paint or switching out the air filters, the Spring season is the perfect opportunity to conduct a thorough sweep of each home to impress potential renters and keep your current residents satisfied for the rest of the year.

The following cleaning essentials and latest products will help your maintenance teams clean more efficiently ahead of the busy turnover season.

Allergen Prevention

Approximately 50 million Americans suffer from outdoor allergies, according to the Asthma and Allergy Foundation of America. As spring pollen counts in-

crease across the country, one of the most important steps to help prevent symptoms is replacing air filters. Filters should be replaced every one to three months to minimize dust and pollen buildup.

As temperatures and humidity grow warmer with the season, moist surface areas such as the bathroom and kitchen are more prone for mold buildup. In particular, caulked areas around the tub or sink are common spots for dirt and mildew. Inspect these areas for signs of water damage during apartment turnover to prevent mold growth. In addition to obvious signs like buckling floors and chipping paint, water detection devices can identify high moisture levels and unseen leaks before they get out of hand.

Rental Housing Journal Valley · April 2017

continued on back page

• Please send me a copy of your lease to this property now. Can the prospect come up with a lease?

Then I move on to next residential history to see if this one be verified or not?

If not, then I don’t feel comfortable renting to this applicant and they are rejected and we move on.

You must feel comfortable with the new tenants. You must be satisfied that they make enough money to pay the rent AND have enough left to live on. Also that their history shows they will take care of your property, pay rent and not disturb others.

Their credit history demonstrates that they pay their responsibilities, and that they aren’t a violent criminal. This is the most important step in the entire process of renting your property.

Do this like it is important because the tenant relationship governs, for the most part, your landlording experience for the next year.

If you rent to a reasonable, responsible tenant and you are a good landlord, this experience should be very rewarding.

How long should screening process take?

Usually about 24- to 48 hours depending upon responsiveness of tenants references.

Keep up communication with prospective tenants Let tenants know your progress so they know you are working on getting them clearance and what or who is the hold up.

Perhaps the prospective tenant provided an incorrect or old email address or phone number, etc.

Don’t learn the hard way!

Find a tenant you are comfortable with after you have reviewed their background

and credit history, or keep looking. Never settle for someone you don’t feel good about just to get the rent coming in. If you settle, the first months’ rent may be all you receive! One final thought, do not let a prospective tenants rush to move in change the vetting protocol. If tenants can’t wait for normal procedures to transpire, that is normally a bad sign (like sheriff is at the door with eviction crew, etc).

About the author: “I started in real estate as a child watching my father take care of our family rentals- maintenance, tenant relations, etc , in small town Ohio. As I grew, I was occasionally Dad’s assistant. In the mid-90s I decided to get into the rental business on my own, as a sideline. In 2001, I retired from my profession and only managed my own investments, for the next 10 years.

Six years ago, my sister, working as a rental agent/property manager in Sarasota, Florida convinced me to try the Florida lifestyle. I gave it a try and never looked back. A few years ago we started our own real estate brokerage. We focus on property management and leasing. I continue to manage my real estate portfolio here in Florida and Atlanta. “ Visit Hank’s website here.

GOT LEAKS? Is there a leak lurking around your property?

High water bill? Hear water running?

Be Safe! Find out!

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Rental Housing Journal Valley

Cleaning Tips

Reliable Property Managers ...continued from front page In other words, are you more informed and more savvy then other property managers? For example, do you know what ROI is all about? Are you conversant on these important terms of business effectiveness?

The ROI is, generally speaking, a performance measure used to evaluate the efficiency of an investment or to compare the efficiency of a number of similar investments. It’s a very important moving target.

To measure the amount of return an investor will receive relative to the cost of that investment, minus management and other overhead expenses, will give prospective clients a “realistic” ROI. It’s also a valuable talking point that can help you communicate professionally with existing clients as well.

Candidly, if you’re an honest, reliable property manager, there are hundreds, even thousand of “other managers’ clients” who need you and are most like-

ly looking for someone like you this very moment! How are these distressed and discouraged residential single or multi-family rental property owners going to find you? How can prospective clients know you exist and know your core competencies?

If they’re not fortunate enough to be referred to you, then they need a media that will help them to discover you. An ad, an email, a banner, a great website that clearly and professionally says, “If you own rental property and you want dependable, outstanding service we’re here for you!” is imperative.

Before you begin your ad campaign or employ whatever medium is most affordable for you, be absolutely certain you can live up to the hype. Can you “under promise and over deliver”? Most landlords and residential rental property owners have an easier time finding a mortgage, a refinance, or more potential rentals to buy than finding a property manager who

keeps their word.

If you’re a reliable, diligent, well-informed and very competent as a property manager, then you may be that sought-after exception. Again I ask, “Have you found an effective way to tell the world about you?” Make sure you ask your existing clients if they’ll give testimonials, referrals and recommendations. Have some of them on your impressive website.

You do have an impressive website? Your reputation is your most important asset when it comes to the property management business. Insure that yours is the very best possible, and then spread the word! The world is looking for you now.

by Marc Courtenay http://www.propertymanager.com/

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...continued from page 7

Restore the Outdoors

As winter winds down, walk the property and see if there is any leftover damage from harsh weather. Common problem areas include roofs, irrigation systems and landscaping. For large cleanup jobs, equip teams with trash bags that are not only large, but also reusable. Demobags are 42-gallon, tear-resistant bags made of a tarp-like material that can handle up to 110 pounds of debris and trash. Maintenance teams can reuse them up to 5 times, making cleanup much quicker.

Also, look for opportunities to touch up and increase curb appeal. Make sure all grills and patio furniture are in tip-top shop shape, and look into multi-purpose cleaners that are heavy-duty like ZEP Citrus Degreaser to help remove any grime and dirt. When choosing cleaning chemicals, look for large sizes of concentrated product rather than single bottles. For example, a gallon-sized version of concentrated glass cleaner will deliver the equivalent of 128 bottles. Not only will this save hundreds of dollars, but maintenance teams will also make less frequent trips to the store.

Essential Tools for the Job

During this busy season of heavy turnover, having the right tools can enable maintenance teams to operate efficiently.

While cleaning supplies may not seem like a market rife with innovation, products like the Rubbermaid Maximizer Looped-End Mop feature new technology to help teams move faster. The mop provides 30 percent more coverage and weighs 25 percent less than standard mops. Or, consider the Quickie Jobsite Push Broom for heavy duty jobs like construction debris, sidewalks and garages.

The water-resistant fiberglass handle will help your teams finish projects quickly and comfortably.

Today, eco-friendly products are a good alternative to get the job done without any chemical smell or effects. The Home Depot has a wide variety of products, including non-toxic options like Simple Green and Tub O’ Towels, which are non-abrasive and have formulas that are environmentally safe.

A clean property will help your residents take full advantage of the property as the weather warms up. No matter how big or small a task may be; you want to ensure your residents have a clean environment.

By Lance Allen, Merchant-Cleaning, The Home Depot Lance joined The Home Depot in 2014 in product development and is currently the national Cleaning Merchant. With ample experience and background working with tools, hardware and paint, Lance has the knowledge to help the consumer and PRO meet all their product needs.

Advertise in Rental Housing Journal Metro Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

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Rental Housing Journal Valley · April 2017