All Forum Posts by: Marcia Maynard

Documentation is key.  We provide multiple avenues for tenants to report problems or make requests, because we don't want there to be any barrier for tenants to inform us of important things in a timely manner. Tenants can call, text, write, email, or talk with us in person if they see us at the property. Whatever is the most convenient for them. But we prefer for urgent needs that they call or text us. Note: We require formal notices, such as "Notice to Vacate", in writing on paper with their signature and the date.

Once we become aware of a problem, or a maintenance/repair need, we ask a few important questions and create a written record of our own.

1. What's the problem?
2. When did the tenant first notice the problem?
3. When did the tenant inform us of the problem and how?
4. When did we respond and how?
5. When did we address the problem?
6. What did we do to resolve the problem?
7. What was the final outcome?
8. Customer satisfied?

We back up all of our operations with a strong rental agreement, tenant correspondence files, and property unit files. We do periodic maintenance inspections. Preventive measures are best. This requires hands on work at the property and keen observation. We do this ourselves, as we a small operation of only 17 units, but this task could be delegated to a responsible party. If I were working with an outside property management company, I would require at least the same kind of documentation as I require of myself.

Also, you've only communicated when you know your communication has been received. So require all parties to acknowledge receipt of the communication. On sensitive matters, follow-up with written communication to memorialize verbal communication.

Welcome to Bigger Pockets!  I think a comprehensive approach is best when screening for tenants. We have tenants apply online now with Cozy. But we always require a paper application to be filled out as well. We verify income, and call previous landlords & personal references ourselves. We let Cozy provide the credit check and legal history.  We double up on the legal history, because we can check court records ourselves too.  We print out the Cozy results and add them to the tenant file. Having more information filled out on paper and signed by the tenant is helpful. Be sure to set great rental criteria in advance and interview all prospective renters in accordance with that criteria. If it appears they will be able to meet your minimum criteria to rent, invite them to view the property. Look at the BP File Place for documents you may find helpful for the screening process. I uploaded our "Rental Criteria" and "Tenant Screening Questions" and "Property Rules" there. You might find them helpful and they can be modified for your own needs. Good luck!

We don't allow pets/animals, unless there's a compelling reason to do so. 

Pets can cause significant damage. Most damage is from urine, scratching, and chewing. Pet hair will make its way into the crevices of the homes appliances and heating systems. Yards may suffer from digging and pooping. Pets may create a noise nuisance or physical danger to others. We've spent thousands of dollars rehabbing after pets, especially dogs and cats (puppies and kittens too), birds, and rabbits/guinea pigs.

If you do accept pets/animals, make sure the tenant is a responsible pet/animal owner, keeps their animal under control at all times, and takes good care of it. Have them sign a pet addendum to clarify your expectations and reduce your risk.

Search the forums for more on this topic. Pros and Cons. As said, it's often a personal preference. For us, it's not worth it.

Most rental applications include a section for release of information. Most property management companies and employers will ask for a copy of that release section (or a separate release of information form) to prove that the tenant is giving their permission for you to obtain information from others about them. Pretty standard. 

We ask our applicants to notify their employer, previous landlords, and personal references in advance to tell them that we will be calling. This eases our ability to get the information we need, as the other parties expect our call and already know the tenant is giving their permission to talk with us.

I commend you for recognizing this and taking action to set a better course.

There may be BP members in the San Francisco area who can give you referrals for both attorneys and property management companies operating in your area. Search the key word "San Francisco" and you may be able to find these folks from discussions they have participated in.

I think you need the services of a qualified attorney first to review your current contract and tenant situation, as well as to provide legal guidance. I'm thinking risk management now because of the threats from the tenants.

It would be easier for a Property Management company to start with a vacant unit, to find a better tenant for you, and to provide ongoing property management with their own contract and management style once the current tenants are gone.

@Nathan G. (from Wyoming) is here on Bigger Pockets and has good advice for finding and working successfully with professional property managers. Hopefully, he'll chime in.

All the best Louis!  We'll be rooting for you!

"Anti-gen" may be a reference to anti-gentrification.

From the internet... "Gentrification is a process of renovating deteriorated urban neighborhoods by means of the influx of more affluent residents. This is a common and controversial topic in politics and in urban planning. Gentrification can improve the material quality of a neighborhood, while also potentially forcing relocation of current, established residents and businesses, causing them to move from a gentrified area, seeking lower cost housing and stores."

It's important for landlords and property managers to know and understand the laws applicable to the jurisdiction where the rental property is located, especially landlord-tenant law and non-discrimination laws, better than their tenants. Knowledge brings power.

Tenant unions operate in many municipalities.  They can influence state and local law.  Be sure to keep abreast of what tenant unions are talking about, as well as the information and resources available to tenants. You need to know what you're up against, should a tenant turn on you.

@Louis W.  Property Management requires a skill set that you're lacking. Not saying that you can't learn the job, but you are in over your head at this point.  You were kind enough to try to help out your family, but now is the time to turn this over to professionals.

When a long-term lease expires, it typically reverts to a month-to-month rental agreement. Do you have a copy of the most recent lease agreement that the tenants and your relative signed in the past?  Gather all documentation you can and take it to a good attorney that specializes in landlord-tenant law for your jurisdiction, someone with a great track record for successful and efficient evictions. I agree, if the tenants are refusing to cooperate and threatening you, they need to go. Then again, the tenancy might be able to be saved with tenant retraining and keen property management. Review the matter with the attorney and they will guide you in the proper course to take for your jurisdiction. 

Document-document-document. When tenants start threatening behavior, it's usually from a place of fear. Fear of losing their home. Desperate people do desperate things. Protect yourself and have a buddy with you whenever you engage in conversations with these tenants. Keep all communications calm and professional, preferably in writing. Verbal conversations can be documented after the fact and kept in a communication file for reference if needed at a later time.

As to the current condition of the unit and habitability, now would be a good time to have a third party do a maintenance inspection to document the current condition of the place. Compare this with the move-in inspection check list, hopefully completed when the tenancy began. Address all maintenance and repair needs. Document tenant requests and your response. The key is to make a good faith effort to provide safe, clean, and comfortable housing in accordance with accepted standards for the residential housing industry. Check out the minimum required by HUD.

If your family wants to keep the property and continue to rent it out, then they had best sign up with a great property management company. If you still want to learn how to manage residential rental property, connect with your local rental association and take some classes if they offer them. Also contact the National Association of Residential Property Managers (NARPM) for more information, especially if you want to manage property for others.

Welcome to Bigger Pockets. Keep engaged and involved... Listen to the podcasts, read the blogs, participate in the forums, explore everything under the Education tab.

Good luck!

A property needs either a septic tank system or connection to the city/county sewer system.  Cesspools are outdated and not environmentally sound.

When purchasing a property the buyer needs to do their due diligence, which would include a comprehensive inspection. What happened here?

Why would it take three months to discover the property wasn't connected to sewer? Certainly the city/county water department would have had a record. Do their documents show water service only? Wouldn't this be discovered when you recorded yourself as the new owner of the property with the water department?  

Also, it's interesting that the neighbor knew about the cesspool and its location, but the developer did not. If the developer knew about the cesspool (or at least that the property was not connected to city sewer) and it was misrepresented in the documents and disclosures, that is a more serious matter. It's also possible the developer was misled by the previous seller, but again due diligence and inspections should have revealed this. It's all very odd.

Every jurisdiction has their own standards and regulations. A qualified real estate attorney may be able to sort this out for you. Gather all documentation and find someone to represent you.  You may be able to settle this with the developer without a law suit.

What is your goal?  Do you want to keep the property and have the sewage problem rectified?  Or do you want out of the deal?

I wouldn't let the immigration status of the wife stop you. The wife may have an ITIN instead of SSN. Have you seen their US tax return? Do they file jointly? Regardless of whether a person has an ITIN or SSN, you can still do background checks. Look at the income and track record for the household.  I'd be more concerned about their rental history and current verifiable income.  If they like your place, they are likely to stay a long time if they feel welcome and safe. Good long term tenancies are valuable. People come to the US for many reasons. There are many barriers on the path to citizenship and many reasons people land in this country without the benefit of legal status. If they are good people and contribute well for good of the community, I wouldn't hesitate.

@Nathan Gesner gives sound advice. Too many people jump into landlording with little or no experience. The risk can be great, as landlord-tenant laws, local regulations, and tax implications seem to be growing ever more complex. For some, engaging the services of a good property management company makes the most sense.

If you prefer to manage your own properties, prepare to invest some time learning the skill set necessary. There's a plethora of information available via Bigger Pockets, as well as many great books and videos on the topic. Local rental associations often offer workshops or classes. Listen to BP podcasts, read the blogs, and search this Landlord forum for the information you need. Depending on your attitude, aptitude, and passion you could do this. You can make a positive impact in your community and in the lives of the people you serve.  Landlord work can be a rewarding occupation. It's not passive income. 

All the best!