All Forum Posts by: Marcia Maynard

EXAMPLES from our rental agreement

Pests (from our Property Rules):

PEST MANAGEMENT. Tenant agrees to be responsible for maintaining a clean environment to discourage pest infestation and agrees to report to Landlord any signs of pest problems in a timely manner. Tenant agrees to pay for damages and pest eradication if pest infestation occurs as a result of their action or inaction. Multi-family buildings:Landlord will provide services for ongoing pest management. Single-family houses: Tenant agrees to provide for adequate pest control, including, but not limited to preventing and eliminating destructive insects, rodents, and reptiles found on the premises.

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Mold:

MOLD AND MILDEW. (from our core rental agreement)

Mold may grow and exist in any structure where there is, or ever has been, a presence of moisture and a food source for mold to grow.Its presence may exist without the knowledge of the structure owner and may be concealed from the untrained observer.Some varieties of mold are toxic and may cause adverse reactions in certain individuals.Tenant and Landlord will complete a Mold and Moisture Hazards addendum that will become part of this rental agreement.

MOISTURE AND MOLD. (from our Property Rules Addendum)

Tenant acknowledges that it is necessary for Tenant to maintain appropriate climate control, keep the dwelling unit clean, and take necessary measures to retard and prevent mold from accumulating in the dwelling unit. Tenant agrees to clean and dust the dwelling unit on a regular basis and to remove visible moisture accumulation on windows, window sills, walls, floors, ceilings and other surfaces as soon as reasonably possible.Tenant agrees to use the exhaust fans provided above the stove and in the bathroom when moisture is created by cooking or bathing and when moisture is still present in the room.It is advisable to keep fans on for at least 30 minutes after an activity that produces a significant amount of moisture, such as after taking a shower.Tenant agrees not to block or cover any heating, ventilation or air-conditioning ducts. Tenant also agrees to report immediately and in writing to Landlord any of the following:

a.evidence of a water leak or excessive moisture in the dwelling unit or on premises.

b.evidence of mold that cannot be removed with a common household cleaner;

c.failure or malfunction in heating, ventilation or air conditioning; and

d.inoperable doors or windows.

Tenant understands they will be held responsible for damage to the premises and personal property, as well as any injury to Tenant and all others on the premises, resulting from Tenant’s failure to comply with the terms of this mold instruction.

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Severability (this non-waiver clause is somewhat similar to severability):

NON-WAIVER (from our core rental agreement)

Should either Landlord or Tenant waive their rights to enforce any breach of this Agreement, that waiver will be considered temporary and not a continuing waiver of any later breach. Although Landlord may know when accepting rent that Tenant is violating one or more of this Agreement’s conditions, Landlord in accepting the rent is in no way waiving their right to enforce the breach. Neither Landlord nor Tenant will have waived their rights to enforce any breach unless they agree to a waiver in writing.

We value open, honest, and clear communication from the beginning.

We allow the tenant to read the rental agreement in advance, ask questions, seek legal counsel, or seek other assistance so they can understand what they are signing.

On the day we sign the rental agreement I go over the entire agreement with the tenant. I make a two-hour appointment with our tenants to sign the paperwork, do the move-in checklist, and demonstrate the features of the home. I include a number of gifts with their move-in packet that make the rental agreement "come to life" and more readily understood.

If I'm aware the tenant may not read (literacy issue) or understand the English language well (limited English proficiency) or has a cognitive issues, then I take extra time and seek extra support as needed to achieve our goal.

Our rental agreement is printed in a type and font that can be easily read. If a tenant needs larger print we oblige, but "12-point Times" is our standard. It also has black ink on white paper with one-inch margins (a requirement of our courts). There is the core rental agreement (7 pages), property rules (9 pages), and addendums as necessary (5 - 7 pages). All pages are numbered and all parties to the agreement sign on the last page of each document. We don't require initializing every clause, but we discuss every clause prior to signing. :-)

Where? What jurisdiction?

Since they are already your tenants and you knew nothing about the charge until you recently reviewed background checks, I wouldn't worry about it. If it happened on your property and you were unaware, then it apparently did not cause drama for you. If it happened elsewhere prior to them renting from you and you are just learning about it now, let past history be past. It may have been a one-time thing and perhaps not an issue for the couple.  But if it occurs again, on your property, then address it as it relates to violation of the terms of your rental agreement.

Domestic violence is often not reported and is unfortunately happening much more than we realize. I don't condone it, but I also don't involve myself in other people's affairs. If all you know is that the husband was charged with DV, how could you say he is a "wife beater".  Was he convicted of such?

Sometimes false accusations are made. We had a neighbor whose housemate accused him of DV and the police arrested him and took him to jail, even though he hadn't laid a hand on her and all that she reported was false. While he was in jail and fighting for his rights with the assistant of an attorney, she and her buddies emptied his whole house of all of his belongings, even took the knobs off the stove!   As neighbors, we saw all of his belongings, including the tools he used for work, being hauled off. They emptied his house. We called the police numerous times as it was apparent to us that these people were blatantly stealing his things.  But because the gal had established residency in his home and had given those guys permission to enter the house and take the things, the police wouldn't intervene on account of it was a "civil matter" not a "criminal matter." Turns out she had conned him into letting her live in his extra bedroom and was operating a scam that she had pulled before in another state. He was never able to recover his things, but was eventually cleared of all wrong doing. That sure opened our eyes!

#1 Correct your drainage problem.  The drainage system includes: roof, gutters, downspouts, conduits to take water away from the foundation (solid pipe and french drains), proper slope away from the foundation, drainage rock, etc. Water always comes from above. In some areas it can also come from below.  If you're in an area that has ground water, such as from close proximity to a spring or river, then you may be looking to add a sump pump too.

#2 Properly ventilate the crawl space and finish it with a vapor barrier. Proper ventilation and pest exclusion is important too. Here's a link to a website of a company that services crawl spaces. It offers some good advice and information, even for the DIY folks. https://cleancrawls.com/

#3 Make sure the subfloor to the living space is sound. Take the current floor covering off. Replace the subfloor if necessary. Consider your choices for subfloor and choose the one that fits well with the age and structure of the home, location, and budget.  When all the floor covering comes up, you may see shiplap, tongue and groove boards, diagonal decking, solid board sheathing, plywood, or OSB (oriented strand board).  I'd replace the subfloor in the problem areas and make the floor level. Once you have a good subfloor, then you're ready for the floor covering.

#4 Consider your flooring options.  Luxury Vinyl flooring (planks LVP or tiles LVT) are certainly good for many applications. Laminate wood flooring has also improved in recent years in terms of durability and water resistance, in some applications surpassing LVT/LVP.  Tile is popular in warmer climates and where there is high humidity. People are moving away from carpet, except for bedrooms, as carpet is harder to maintain for cleanliness and can harbor allergens. But carpet is quiet under foot, warm, and can be a good choice for rooms on higher levels. Carpet also hides subfloor imperfections well and can be cheap and easy to replace between tenants. Hardwood is timeless, but harder to maintain. Placing an area rug over a hard surface floor can create a softer landing spot and helps quiet the sound of the room. We use sheet vinyl, loose lay, in finished basements. We've also used sheet vinyl, with a realistic wood print, in an entire two bedroom duplex apartment with great success. It's worth paying extra for commercial grade or the top of the line luxury vinyl sheets. With rental property, durability, water resistance, and ease of cleanliness is key.

Yep. Take out the window.

We've learned it's best to spend the extra bucks for a really good bathroom exhaust fan that is QUIET and can move a lot of air out quickly. Worth the money. Wire it so it turns on automatically when you turn on the bathroom light, so it's actually used when needed.

Tile up to the ceiling. Be sure to use the right kind of backer board for a shower.

Re-purpose the window that is coming out to another room in the house. If you moved it to the room to the left, as seen from the outside, it would balance the look from the exterior. It would also bring more light to that room and provide another window for cross ventilation. You may even be able to re-claim the siding from the new window spot to cover the old window spot.

What does your rental agreement say? We build in some requirements about vehicles up front, as well as penalties for unauthorized occupants and unauthorized pets.

Here's an excerpt:

VEHICLE REGISTRATION.  Tenant agrees to keep a maximum of ________ vehicles on the premises. Tenant agrees to provide Landlord with updated vehicle identification information (year, make, model, color). Motorcycles must have exhaust muffling comparable to that of a passenger car. Vehicles must be no bigger than would fit in a standard parking space. All vehicles must be both operable and properly licensed.

OCCUPANCY.  Tenant agrees that the premises are to be used and occupied by Tenant and members of Tenant’s immediate family only as specified in this rental agreement, namely ____________________________________________________. Other persons may not move into the premises, even temporarily, without Landlord's prior written consent.  If Tenant allows a person to occupy the residence without Landlord’s consent, Tenant agrees to pay a penalty fee of fifty dollars ($50) per violation, per person.

If you value open and honest communication from your tenants, extend them the courtesy of being open and honest with them too.

Also, understand and abide by the landlord-tenant laws for your jurisdiction. In some jurisdictions what you are trying to do would be illegal.

There's no need to hide who the owner is (dad) and that you are his designee, acting as manager of the property. Be proud of who you are and your role. The rental agreement should be between the tenant and the owner of the property. If the property is owned in the name of a Trust or LLC, then that should be noted in the rental agreement. You can list yourself as the contact person and representative of the owner, but the signature on the rental agreement needs to be that of the legal owner or his legal representative. Run a legitimate business and you'll have nothing to hide.

In the unlikely event that a tenant needs to file a legal suit against the owner and/or manager of the property, they or their attorney will be able to find your names and legal addresses. Don't try to set up a shell game, it will only make matters worse.

Instead, run your business in a professional manner, be polite-firm-fair, abide by the law, mitigate your risk, maintain proper insurance coverage, establish a sound rental agreement, enforce the terms of the rental agreement, courteously attend to tenant requests as they arise, understand the difference between tenant needs/wants and landlord needs/wants, set boundaries, maintain the property, and attend to issues in a timely manner.

How bad was the incident? Were the police involved? Was a police report filed? You are ultimately responsible for the actions of your guests and invitees. If your daughter is attracting the wrong kind of people to your place, then that could be a problem for the landlord. You need to demonstrate to the landlord that you are a good tenant, abiding by the terms of the rental agreement, and have appropriately addressed the issue so it doesn't happen again.

I'm with @Jeff Copeland on this one. There must be due process in accordance with the landlord-tenant law for your jurisdiction and the terms of the lease agreement. In most jurisdictions a landlord can't terminate a lease without a chance for the tenant to cure the situation. Everything's negotiable. Communication and negotiation skills are key, as well as knowing your rights and how to protect them.  If you're not up to the task, then seek the aid of a local agency that advocates for tenants and/or an attorney.

Just change the red to black and you should be good. If you like the look of lattice skirting, paint that white, if you don't, paint it black.  Depends on the price point you're after and how the house fits in with the neighborhood. Shutters that are functional are a plus. Shutters that are there only for looks are less popular than they once were, but do add definition. Light colored roofs are good when it gets hot in the summer. Need lower foundation plants and foliage that doesn't brush up against the house. :-)