11.01.14 Book Review: The Renters’ Survival Kit by Ed Sacks

Decided to read up on the other side of the tenant-landlord education. I also look for and attend the free lawyer session at the library discussing tenant rights. I want to hear what is important to tenants, what type of counsel they get about their rights, and make sure I am staying educated and fair.

This book does a great job of walking readers through what their purchasing power is, what landlords are looking for in income, and what a rental truly costs after adding utilities and other “hidden” costs. It also steps readers through thinking about what qualities are important to them when shopping for a new home and how to evaluate properties. It probably has the best step by step guide on sequencing a move that I’ve ever seen too. The author provides and estimate of 10 boxes needed per room to pack up, I found that interesting.

The book also has a good discussion on discrimination and steering. I like how they discourage readers from smuggling pets in. And to scrub the stove, tub, and toilet to get your deposit back. I enjoyed the discussion on duty to mitigate. The tenant has a duty to report a small repair issue before it becomes big. The landlord has a duty to advertise and screen in the same manner and speed as they would if the old tenant wasn’t still financially responsible.

Of course some biases come out:

• Avoid month to month agreements unless plan to relocate or buy a house; too much power to landlord;
• Be leery of a landlord who uses a PO Box;
• Rent increases are an inflation beater for a landlord, an inflation maker for the tenant;
• Rules imposed are because of landlord phobias and prejudices;
• Fight/remove anything in the agreement that looks like a penalty or fine;
• Landlords love to play games of bully and bluff.

Advice given for defenses to bring up to the judge in eviction court:

• It didn’t happen
• You didn’t do it
• Didn’t receive notice
• Problem has been corrected
• Rule is unreasonable
• Landlord is attempting to evade duties
• Rule is retaliatory

One eye opener that I don’t spend enough time thinking about is implicit change in terms. If a tenant habitually pays on the 10thof the month and the landlord doesn’t protest, the new terms of the agreement becomes rent due on the 10th.

Unlawful entry is kind of a scary topic too. The book concedes that entry has to be allowed with proper notice within reason, but offers the following advice: if a landlord enters without cause and repeatedly, call the police and charge the landlord with harassment. Charge them with assault if you are threatened. Charge with aggravated assault if there is a weapon involved, including a fist. Charge the landlord with trespass if they enter without permission, and criminal trespass when a tenant is not home. The only time we could have issues is when we suspect abandonment; according to the book landlords can be arrested if they lock our or retake possession before the sheriff delivers an eviction.

Another watch point is retaliation, which is defined as treating a tenant different than others with rent increases and rules. It’s so important to have a procedure manual and stick to it, a battle I constantly have with Bruce. Waiving late fees and when to serve 3 day pay or quits shouldn’t be handled on a case by case basis.

Another thing the book points out is really paying attention to what the outside looks like. “If the outside is shoddy, think about how responsive management will be to your problems. If the outside is lacking, what about the heat, pipes and wires inside?” I always encourage Bruce that we spruce up the outside before we begin showing a unit, but it always falls to the bottom of the list as the focus is on getting the inside back in great condition. I think how the lawn and front of the house looks says a lot about how we manage, what our expectations are, and whether we are truly trying to improve the neighborhood or just our bottom line.

I think one of my biggest take aways from the book is the mindset reminder about getting along with people and trying to work things out. This can apply to landlord tenant relationships or tenant neighbor relationships. Discuss issues early on, when they are a minor annoyance rather than a big concern. Try to work out a compromise. The tenants, not the buildings, earn the return in real estate; it’s a relationship business.