All Forum Posts by: Daryl Luc

When rejecting applicants, you do not have to give a reason unless it was based on something in their credit report.  You do not have to identify what that something was, but you do have to provide a standard reply of the credit bureau whose report it was and direct the applicant to the bureau's contact information should they want to see if there is something in their report that is incorrect.

Originally posted by @Filipe Pereira:

Originally posted by @Daryl Luc:

Service Animals are trained and supply abilities and assistance to those who are disabled.  Those dogs are registered and protected.  

Where are they registered Daryl? I don't know of any national registry, and like I said, I'm involved in raising and training guide dogs. The only way to verify the dogs (to my knowledge) is by calling the school they were trained at - but due to confidentiality some of those schools won't speak to you. 

Many municipalities provide the registry as a voluntary choice.  However, don't make this any harder than it needs to be...a blind man with a dog that guides him...it's a service animal.  I'm not shy, so when I'm asked about my service animal policy by a prospect over the phone, the first question: "do you represent, or are you affiliated with a tenant rights organization".  Pretty sure you can guess how to handle that answer.  Second question: "what is the disability that the dog assists with?"  If they show up in person and start asking and they don't have a dog...that's a red flag right there.

Assisting with the alert of epileptic seizures is legit.  Giving indication to someone that their sugar is dangerous...legit.  Assisting with military service related PTSD...legit.  Recovering from a divorce...not legit.  If it's not a dog...it's not legit.

 Furthermore, service dogs have behavior that is exemplary.  They don't wander, they are glued to their person and in general totally ignore anyone else's presence.  These dogs are never left alone either.  If a dog is...then there's some serious explaining to do.  In my experience, service dogs don't stand and bark at anything when outside doing their business.  Adding a 'fake service dog' clause to your lease is not illegal and having it initialed is grounds for breach if violated.

One additional thought.. schools should be freely willing to tell you whether they trained the animal or not.  That doesn't violate any HIPAA rules that I'm aware of.

When I show homes, they are complete with all appliances.  I also will remove them if the tenant prospect indicates they have their own, rent is not reduced.  However...I have an addendum that allows for the itemization by type, mfgr, model, serial number and current market value of each appliance I leave. (yes, I've had them walk out the door!)  Without that info, it's hard to grab them by the wallet in court.  I buy good, used reconditioned appliances from the Habitat for Humanity and they've never sold me a lemon.  I also have language in that addendum that defines who has what responsibility for maintenance, repair, limits of expenditure based on features of appliance and cost to repair.  Once the limit is met, it becomes solely the responsibility of the tenant to solve the problem.  I remove any non-working appliance and leave it's spot vacant.  Properly maintained, appliances fail based on one of two situations: intentional negligence (misuse) and unintentional negligence (spill hot oil on a stove).  95% of my appliance problems have been intentional negligence.  They initial each portion of the addendum, sign and date and it's made part of the lease.  Or they don't rent from me.

Maybe.  Only airline services seem to have any balls in this skirmish right now..  
Service Animals are trained and supply abilities and assistance to those who are disabled.  Those dogs are registered and protected.  Emotional Support animals provide no such service and are not certified registered.  The person who claims the Emotional Support animal's importance in their well-being is basically Sh!t out of Luck if they don't have a letter of prescription from a correctly licensed mental health profession with a right to practice in the state that the individual lives. 

No tickee, no washeee.  So as far as I'm concerned, those support squirrels and raccoons etc. go in the pot or get ground into dog food.

David:    My use of the term extraction is interchangeable with the term ejectment.  Semantics based on who wrote the governing articles of the law.  So, two ways to occupy residential real property occupied by anyone other than the deed holder; as a tenant or as a resident(guest, squatter, boarder etc.).  Tenants have a lease that enforces their right to occupy.  Residents, don't have that protection.  Eviction is the rescinding of a lease through the court system.  Extraction is the physical removal of persons who don't have a lease.  You are in Florida, so I'll give you a Florida example.  Old widows with extra rooms will bring in boarders to take a room or ... without any paperwork since most of these are somewhat transient.  Old widow dies and family wants the house.  Boarder refuses to leave because they had a 'deal' with the deceased.  An ejection action filing in the court is the only way to remove them.  So if you are a landlord, without lease clauses that restrict guest occupancy (anyone over the age of 18) to a set amount of stay within any 30 day period without the requirement that the tenant either gets prior written consent from the landlord, or the unsigned guest(s) who have met the conditions of the rule, must sign the lease or vacate.  It is the tenant's responsibility to notify the landlord of the situation both as it's pending and when it's met the signing criteria.  Failure becomes a breach of contract and makes eviction and repossession possible.  If the guests don't leave, they are now squatters and they have to be removed via the extraction procedure.  This can be a significant cost because that is usually a Common Pleas court event, not a landlord-tenant or municipal court filing event.

The most likely con being perpetrated by this guy(without my knowing it's location, mind you) is presenting some 'super fine' looking AirBnB space through photos that he can then re-rent for two or three times what you were passing it along to him for.  You didn't mention who vets the occupants and who gets a copy of background reports, etc.  Giving the pre-qualification of occupants without your final say so to another party is dangerous.  Giving up control of any aspect of occupation is dangerous.

So, some added thoughts based on my experiences.....never ever sign someone else's contract for giving them possession of your assets.  You can ask for it to review, but I think you will find in a careful reading that there are conditions of occupancy and definitions that will conflict with smart business on your part.  Everything from what is normal wear and tear to conditions that must be met to terminate the agreement....even after it's first date of expiration.  Once you make your discovery, you can then present a my way or the highway using your contract.  If they walk, they did you a favor.  A contract will always benefit the author over any other participant.  Bias by design.  This warning also applies to those contracts that are proffered by insurance consultants who scan available rentals to find housing for people who burn their house down and need a place to live while being rehabbed.  My advice, no rubber meets the road unless it's on your document!

Based on what is posted, the jerk doesn't have a lease, so he can't make demands.  Point of process, you don't say or I didn't catch it, but I'm hoping that you didn't sign the contract and forward it to him for signing.  Contracts that are in writing require signatories from both parties.  Sort of a no tikee, no washee thing.  If you signed it first, then he's got you.

You can't evict without a signed lease, it's called an extraction in most states.  A different law, a different process, but it does take an attorney and money.  If it was my property, I'd be there every day doing inspections.  I'm serious....this guy's up to something and it's not about having a roof over someone's head.  I have rented to companies that have small teams come to a city for a contract job and renting a four bed can handle 8 people for half the cost of motels that change every week etc.  It's been good money from good relationships.  You've got a crook in your house.  Time for your attorney to send out a threat letter.

double post

Well, unless you have family sending you the newspaper, you probably are unaware of the movement to copy Cincinnati laws and also provide FREE lawyers to tenants being evicted.  In addition they are trying to get an ability in place to make any evictions invisible.  Not just Cleveland, but the entire county of almost three dozen suburbs.  It's my opinion, and only my opinion, but it looks like someone would like to see the law of unintended consequences take charge.  Investors shrink their portfolios, the result is fewer places for renters to occupy.  This moves single family property towards more owner occupied, multi into condo style or knock downs.  Replace with highly gentrified properties.  The renter who doesn't want to live on the street has to move on and out.  Goofy initiatives like this with more rent controls are popping up all over the country.  The likely outcome is full circle when you see urban development a la 50's and 60's all subsidized by the government.  The same ones that were torn down during the 70's.

Originally posted by @Maurice Smith:

sounds like some bs to me. Renters insurance doesn't cover landlord incase of tenant default. a security deposit does though. look on the bright side, at least theirs no " rent control" like we have in CA. so don't get to bummed out about it. It can be worst lol

I agree with you 100%.  I'm not seeing the math for how an insurance company gives both parties a better deal than they can work out on their own via security deposits.  If that's true, it's the first time an insurance plan benefited anyone other than the underwriter.

Now, here's another wrinkle that pulls money from the LL pocket....there's a movement in Cleveland, let's hope it dies an excruciating death too, to extend to the entire county (11+ suburbs!) free, no charge lawyers to tenants to fight evictions with an ability to make the eviction disappear as a sealed judgement.  No free lawyers for those who have their money invested, just the deadbeats or destroyers.