All Forum Posts by: Jennifer T.

It is extra eye rolling that the LL owns a used appliance business, but won't put in a properly working refrigerator.

(Not a lawyer, no legal advice).  I also agree you should speak to the local housing office and determine what your rights are...ie what constitutes habitability in your area.  Don't make a complaint at that time, but use the info as leverage when writing a letter to your LL.  The two items that might come into play with habitability are the moldy swamp cooler and the door that isn't secure.

For example, in my first apartment after college, I lived in a big complex.  I kept having the heating go out in my unit.  It was happening about once a week.  The kept sending their on-property maintenance guys to fix it.  And it would work...but then break again after about one week.  After the third time, I told the complex they needed to hire a real A/C and Heating company to fix the problem, because whatever their guys were doing wasn't working.  Their response was, "Oh, we don't need to do that.  Heating systems are very simple and straightforward, our guys can fix them."

Ummm....but apparently they can't.  Which I pointed out again.  But I had done my research ahead of time.  I was polite, but firm.  I told them they had one more chance to fix the unit correctly and, if their maintenance still didn't fix the problem.  They needed to hire a licensed A/C and Heating company and, if they didn't, I would report them to XYZ Housing Agency for not properly providing heat to my apartment.  I don't know what their maintenance guy did this final time that wasn't done the first three times, but it finally worked after that.

Unfortunately, the appliance business in the backyard is probably not something that would be considered as it was existing when you rented the place. 

Sweet!  I moved here from So. CA 15 years ago.

I looked at it like moving to a foreign country, but without all the pesky paperwork :).

Welcome to BP.

(Not a lawyer, no legal advice).  I was very surprised and interested to recently read that basically not all service animals are in the same category.

The highest level is a certified animal who has gone through rigorous training and specifically helps an individual with a PHYSICAL (not emotional) disability.  And this type of animal can ONLY be a dog or a miniature horse.  Yes, a miniature horse.  I am not making that up, lol.  These types of animals can basically go anywhere their owner does with very, very few exceptions.  The only exception specifically mentioned was a sterile environment, like an operating room.

The other type of service animal are the ones that are either for emotional support and/or a physical disability...but are either not a dog or haven't had the structured training.  Contrary to popular belief, these animals do not need to be allowed everywhere their owner goes.  If a restaurant/store owner does not want to allow a patron's service pygmy goat or monkey into their establishment, they do not have to.  However, just because that is the case does not mean it can not lead to a lawsuit or bad publicity.  And ANY service animal that is not behaving appropriately...ie is threatening, defecating, etc...can be asked to leave, even if they are a "highest level" animal.

Now, with all that said, there are still protections for owners of the "second level" of service animals and this is the part that is important for all of us.  Even those types of animals must be allowed in lodgings (ie hotels) and rentals, with no additional pet fee/deposit.

However, if the animal causes damage to the rental unit, the owner is responsible for that damage just like anything else.

Curiosity question, I live in an urban environment that does not allow people to own livestock.  But if an applicant came to me with a legitimate service animal that is considered livestock, like a pig or a goat, would their need for that service animal trump city laws?  It definitely gets very sticky, doesn't it!

Personally, and this may not be the most PC thing to say, but I wish their could just be a blanket and legal standard in our country that...if  person needs a service animal of any kind...it needs to be a dog, cat, or miniature horse.  Because, if someone needs a service animal for anxiety, PTSD, emotional support, etc...and I'm not knocking that...than it seems like they can receive that same type of service from a dog or a cat.  I'd even be fine with "grandfathering" in weirdo animals that are already service animals.  But what I am not cool with is someone with anxiety issues deciding they need a service animal...and then PURPOSELY picking something bizarre like a monkey or a goat.  I mean, if you already have anxiety so severe you need a service animal, than why are you borrowing trouble by choosing an animal that makes it more likely you will receive pushback about it?  Just get a dog.  Dogs are already the best species on our planet to pick up human social cues, which is yet another reason they can make fantastic emotional support animals.

As for a pit or any other animal/dog I might be considered about, I would include in my lease that the lessee is entirely responsible for any damage their animal causes to another person, another animal, or property.  And they are also responsible to pay, whether justified or not, any fines the city levies on their animal (such as in a case where the city does not allow pits or livestock).  That's their problem to go fight City Hall, not mine.  I realize any clauses like that would not necessarily exonerate me from liability, but it would at least give the lessee something else to think about and they might just go wander to easier pastures.  

Geez!  It sure takes all kinds, doesn't it?  I'm also in the ignore it camp.  No way she is hiring an attorney, unless she got one for free somewhere.  Maybe she will take you to small claims court, where she will in all likelihood lose all or most of her case.  Bottom line, if she didn't like it, why did she live there for two years?  At least that is what I would ask if I was a judge.

I think #4 shows her ignorance the best.  She can report you to the IRS, sure.  Which they will probably ignore.  But she has zero standing to sue you for reporting/not reporting your (maybe) income.

I mean, can you imagine if the IRS actually opened "investigations" based on every accusation a disgruntled ex-spouse/lover, roommate, neighbor, former employee, etc., etc., etc. made?  In fact, I've decided that is my new dream job.  I want to work for the IRS evaluating revenge accusations submitted by whackadoos.  You KNOW that has to be some good entertainment!  

I can't speak about DC specifically, but I briefly used my rental as a vacation rental earlier this year.

I was meticulous about setting up my unit so all the "little" things were taken care of to make it more of a home, rather than a hotel feel.  For example, I had towels, a bath mat, extra blankets and pillows.  Toilet paper, Paper towels, garbage bags.  Toiletries (toothpaste, soap, hand soap, shampoo/conditioner).  Pots, pans, dish soap, silverware, plates, cups.  I even had one of those "picnic" salt and pepper shakers you can buy for $1-$2 in a grocery store.

For me, I think a coffee maker is almost mandatory, lol.  And with mine, I also included a bag of coffee, the little creamers, sugar, and sweetener.  With that said, none of my vacation renters ever used the coffee/coffee maker.  They actually used very little of any of the "disposable" types of items like the toiletries, but it's a small expense to keep your guests from the possible hassle of spending all day traveling and then say...oh no, I forgot toothpaste...and they need to run out at 9PM trying to find a store in an unfamiliar city that sells what they need.  Because I've been there!

The other thing I did for my vacation renters was I created "two" sheets of paper and both e-mailed them and left copies on the kitchen counter.  The first sheet of paper had basic information about the unit (alarm code, using the A/C, etc.) along with addresses/basic directions for the closest grocery stores...restaurants within walking distance...transportation info...cab company phone #'s...phone #s for food deliveries, etc. 

The second sheet of paper was my "local's guide".  I outlined some of the highlights to hit in town and made sure to include cool stuff that the typical tourist would not normally run into.

People LOVED that info I created!  It took a little time to put together but, once I did, I can send it out ad nauseam with no additional work.  Free to create, but added value to the guest experience.  In fact, I often get asked by out-of-state friends and friends of friends what to do/where to eat while they are in New Orleans, and now I just send out my handy-dandy flyer.

And, yes, to any BPers out there thinking about heading down the Big Easy way...PM me and I'd be happy to send you my locals guide also :).

I met my guests in person, but then I lived next door.  I don't think it's necessary...but it IS a really nice touch if it is not too inconvenient.  For example, I had a friend who stayed in an AirBnB for the first time a few months ago.  She never met the owner in person and that did not seem to bother her.

The thought could be that landlords are either purposely or, even unknowingly, are discriminating against minorities by having a qualification that negatively impacts a class of people.  For example, if 12% of minorities in an area have felony records as opposed to 7% of non-minorities...than by definition there will be an inherent discrimination against minorities.  I personally am not saying a "no felonies" disqualifier is bad, just pointing out where this might be coming from.

Although this has to do with job discrimination, there is a landmark case that makes this point.  In Griggs, the Court held that Title VII of the Civil Rights Act of 1964 prohibited the use of employment practices that have the effect of excluding racial minorities even if the employer did not intend to discriminate unless the employer can prove that the practice is related to job performance.

If I remember correctly, I think the above case had to do with an African American employee applying for a job/promotion, but was turned down because he did not have a high school diploma.  He took the company to court and successfully argued that requiring a high school diploma is not a key component to performing that particular job.  As such, to require one was discriminating against African American workers in the community because there was a higher percentage of this class that did not have HS diplomas as opposed to non-African Americans.

A silly, but obvious example of this same idea would be that a company cannot randomly require all employees to be over 6' tall...because this inherently discriminates against women.  Now...if being over 6' tall is a key component of successfully performing a job...like being an NBA basketball player...than this type of "discrimination" is okay.

Religion is another protected class in terms of hiring.  However, it is perfectly okay to require a person to be Lutheran if they are applying for a job as a Lutheran pastor.  But not so okay if they are applying to be a cook in a restaurant ;).

I give my tenants a Christmas gift every year and once received one in return.  It's a little different for me because I own a duplex and live on the other side, so I am much more in contact with my tenants than most landlords because they are also my neighbors I share a backyard and porch with!

This year, I gave a box of Godiva chocolates.  That is a pretty typical gift for me.

However, even once I expand into more rentals, I think it is a good practice.  It's a pleasant, low key opportunity to have a face-to-face with your tenant and just find out how everything is going.

Another way to look at it is, as landlords, our tenants are our clients.  And, to me, a Christmas gift is akin to saying, "Thank you for doing business with me." 

I think some of your questions will depend on how long you expect the typical tenant/guest to be staying in your rental.  For just a week or two is a vacationer and would be more like the kind of "contract" you sign when you check into a hotel.  If you use AirBnB or VRBO or one of those kind of deals, your guest does agree to terms on the website when they accept your listing, which includes protections/agreements for you.

You can always go with a set deposit amount required or a credit card hold.  If you prefer a set deposit, I think anything more than whatever the one week rental amount is would be side-eyed.  But use those same sites to check out what the local competition is doing.  Alas, there isn't much screening in this type of scenario, other than possibly reviews about the guest on the travel site.

If you are looking to rent more to a short-term tenant...one month or more...I would really treat it just like you would any other tenant as far as screening and charging a one month's security deposit.

I laughed when I saw you are in Miami :).  The one and only time I have been a short term tenant was when I evacuated to Miami after Hurricane Katrina.  I rented a furnished condo in Bal Harbor on a month-to-month basis, but had to be out by Dec. 1st because she had a regular guest who rented from her for the entire month of December year after year.

She rented her place by the week or the month.  I'm not sure if she ever rented it by the day.  I don't know what she did for weekly renters, but the lease I signed with her for the monthly rental was basically like any other lease I've signed.  First month's rent and one month's security deposit was due at the signing.   

I can only speak for NOLA, but there does appear to be a rental shortage here.  People certainly complain about it all the time.  I personally have seen rents go up in the three years I've owned my duplex and I always have a few dozen responses when I advertise a vacancy.

We also have some very localized factors that augment this.  In just a few years time, NOLA has added a huge and new industry to our town...movie production.  I swear, I sometimes feel like I see more cars with CA license plates than LA ones, lol.  It has definitely brought in an influx of renters.  In fact, one of my neighbors is an out-of-state landlord and he prices the rents for his duplex at higher than normal, but for shorter terms.  Most of his tenants have been in the movie industry. 

Of course, tourism has always been one of our biggest industry and the last few years...at least in certain areas...have also seen more and more landlords turning their rentals into vacation rentals instead of the more traditional long-term type of rental.  Which in turn, means there are fewer rentals available for residents.   

I can't speak to legality but, ironically, I have myself rented places in CA, LA, and FL...and the only time I've encountered automatic "cleaning fees" was in FL.

After Hurricane Katrina, I evacuated to Miami for three months and got a short-term rental on a month-to-month basis.  Apparently I didn't read the lease very well, because she took a $150 cleaning fee out of our deposit.  To add insult to injury, I spent 5 hours on my last day in Miami cleaning that place spic and span...baseboards, window sills, everything, the works.  All for nothing.

The other time I was charged a cleaning fee in FL was when I rented a beachfront condo for 3 nights.  It was basically a hotel...but with condos instead of rooms...so it just seemed weird to be charged a cleaning fee.  But I did at least know about it up front.  And the cleaning fee was the same whether a person stayed for one night or 30 nights.  I basically just added the cleaning fee to the total cost when making rate comparisons and it still came out to be a better value overall, so I guess I can't complain.  But the cleaning fee would have made the place insanely expensive if I had only been staying for 1 or 2 nights.