As a landlord in Park City property management it would seem fairly obvious that you should know your rights. But because of the nature of managing long term rentals in Park City it is also important that you know the rights of your tenants. In order to do things the right way and protect yourself from legal problems you should know the laws, both state and federal, that govern the renting of a property. You are entering into a legally binding agreement with a second party why you rent your property, terms and conditions may apply!
Fair Housing
Fair Housing is a federal law enacted to protect certain classes of people from discrimination in housing. This law was first passed in 1968 and has since been amended and strengthened. As a landlord in Park City property management you must be careful how you handle situations so that you can avoid a discrimination claim being filed against you. I have written about Fair Housing before, most recently in a post titled "Questions You Can't Ask In Park City Property Management." This post describes each protected class under Fair Housing and provides examples of things you shouldn't say in relation to an individual.
Proper Notices
As a landlord you should be comfortable with posting notices at the property. You must post a notice before entering the property, unless you are in an emergency circumstance. And before you ask late rent is not an emergency! But there are notices you can post for late rent so don't worry. Notices for eviction, abandonment, and nuisance are some examples of the notices a landlord may have to post to their tenant. Especially in the case of an eviction you must make sure you are posting the proper notices and following the requirements of law or you could fine yourself losing out if the eviction goes to court. For Park City property management I have written many posts about these various topics so click here for the full list.
Habitability
Despite what you might think if you are familiar with the term "slumlord" a tenant is entitled to a certain standard of habitability. This would include basics such as secure premises free from hazards, running hot and cold water, heat, etc. And take a guess as to who is responsible for providing this level of habitability. Yes you, the property owner. If you receive a maintenance request related to any habitability issue you are obligated by law to respond quickly so do not procrastinate. If you fail to respond within a certain amount of time you could get a notice of deficient conditions filed against you and enter into what is called a constructive eviction and be liable for all kinds of things. If something breaks fix it quickly and properly and you'll never have a problem.
If you would like more information or tips on basic tenant and landlord law, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
If you haven't experience a tenant bailing on a lease then consider yourself lucky and realize that if you stay in Park City property management long enough it will happen to you. It seems that recently there has been a rash of people requesting to move out before the end of their lease for various reasons. Some have completely understandable problems such as job loss or job transfers or the deteriorating health of a parent as reasons for why they needing to move before the end of the lease. And some don't even give a reason beyond "I want to move." There are several ways to handle these situations and some of it depends on the choices the tenant makes. So take a deep breath and we will get through this together.
The Easy Way
Well let's be honest, a tenant leaving before the lease expires is never an "easy" thing in Park City property management. It requires extra work on the part of you the landlord to find a replacement tenant, get the property into rentable condition, and all the necessities of determining if a tenant is qualified to rent your property. But there are decisions that the tenant makes that can lessen the blow. Ideally the tenant approaches you a month or more ahead of time to let you know they will need to move. The first thing you and the tenant should understand is that the tenant is still responsible for rent up until a new tenant moves in. This can include any time that is required to return the property into rentable condition. You should let the tenant know that if the property is clean and ready for move in when they leave this will lessen the amount of rent the may have to pay. One thing I like to do is ask for a full month of rent even if the current tenant is moving out in the middle of the month. This way you have got the month already covered and you can always reimburse the tenant for a portion of the rent if a new tenant moves in in the same month. If the tenant is a responsible person they will do their best to ease the transition and understand that they signed a legally-binding document and are responsible for fulfilling their end of the agreement.
The Hard Way
Unfortunately some tenants are not responsible people who work to fulfill their part of an agreement. They may bail without any notice or rent payment. At this point the property is subject to laws regarding abandoned premises. I have previously written about this situation in my blog post "Abandoned Premises - Tips And Info For Park City Property Management." Some tenants may leave a note saying they have moved out, some do not. As a landlord you will want to make sure you are aware of what Utah law says regarding this situation and proceed quickly but with caution. Until you can reasonable determine if the tenant has abandoned the property then they are still technically in possession. Perhaps they have gone out of town on an extended trip or some other situation. Make every effort to contact the tenant before you attempt to retake possession. Remember that rent must be 15 days late before abandonment can be considered.
If you would like more information or tips on handling early tenant move outs, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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I'm sure if you've been involved in Park City property management you are familiar with the concept of subletting. Basically subletting occurs when a primary tenant who holds a lease on a property from the landlord leases either the entire property or a portion to a secondary tenant. There are a few reasons why subletting or subleasing is a bad idea. Let's take a look at them.
Scams
I recently had a conversation with an associate of mine regarding subletting. A good friend of his lost some money in a subletting scam and it reinforced for me the decision we made to not allow this in our long term rentals in Park City. This individual, we'll call him Bob, was contemplating buying a house in Park City but wanted to first live up here for 6 months before making a significant investment. He searched around and found another guy, we'll call him Jim, who was subletting a room in a house in town. Bob paid a deposit and a portion of rent for the month before he went out of town on a trip. When Bob arrived back from his trip he contacted Jim about moving in. Jim told him that he (Jim) had been evicted from the property by the owner and was no longer living there. Jim was a little fuzzy on where the deposit and the rent went and obviously Bob was upset. Bob was never able to get in contact with Jim again and didn't know where he had lived. He contacted the sheriff's department and reported the money he had paid as stolen. Remarkably Bob was actually able to serve Jim papers for a small claims court suit via social media! Unfortunately Bob is still out his money and a place to live. Not everyone who sublets is out to scam someone but as a property owner you do not want to risk having your property encumbered by something like this. Not allowing subletting in your lease is a good idea for Park City property management.
Who Is Living There?
Another issue that can arise from subletting is a landlord not knowing who is actually living in the property. The lease with the original tenants is still in force and they are probably the ones who are paying you rent every month. But if your lease does not specifically forbid subleasing you could run into all kinds of problems. Maybe an individual with a criminal history is renting a room in your property. You would not know this because you are perhaps unaware of the sublease. As a landlord you are taking the proper steps when finding a tenant to make sure your property is well taken care of. I have written several blog posts about this subject, if you would like more information take a look at "Tenant Screening Tips For Park City Property Management." You do not want someone you have not approved taking up residency in your property. A person with a criminal record is just the tip of the iceberg. Protect yourself by not allowing subleasing.
Perform Inspections
We recently had a tenant come to us asking to get out of their lease early. I was very happy to see them go because the neighbors downstairs had often complained of noise coming from the tenants. The lease indicated there were only two people living the in property so I was surprised by the volume of complaints. When I began touring the property to prospective tenants I found out why there had been complaints. One bedroom had to beds for adults and another had three. These people were clearly in violation of the lease and I was happy to see them go.
If you would like more information on the dangers of subleasing, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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Sundance has just ended here in Park City property management and Hollywood can head back to California. In their wake I'm sure there were more than a few wild parties thrown, both at local bars and properties that were rented out during the festival. But it doesn't take a movie star to have a noisy party, regular tenants can have them too. Now there is nothing wrong with the occasional get together, having friends over, birthday parties, etc. But when a party carries on late into the night past quiet hours and is excessively noisy it can invite a host of problems. Damaged property, upset neighbors, police visits, property destruction and littering, and public intoxication and drunk driving are just some of the things that go along with residents throwing crazy parties. So as a Park City property manager how do you handle these things? Let's take a look.
Have Established Rules
You should have a set of house or property rules already in place and your lease should either contain the rules or mention that they are available and the resident must abide by them. For example our lease says "Resident, its guests and other occupants shall comply with all written rules and regulations which shall be considered part of this lease. Such rules and regulations shall be available from Owner and Resident acknowledges receipt of such Rules and Regulations." This way you have made it clear that the rules must be followed by the tenants and their guests too. Anything you can do to protect yourself and eliminate confusion in Park City property management is a good thing.
Document Complaints
If you receive a complaint you should try and get it in writing from the person complaining. Ask them to be specific about date and time, nature of the complaint, etc. This way you have some written evidence in case the problem tenant disputes the claim. Keep these records in a file with the tenant's lease, application, etc. Good record keeping is essential when you are handling long term rentals in Park City.
Send Notices
The first notice I typically send out is essentially a warning. It explains what the complaint is and potential penalties if the issue persists. Make sure you keep a copy of this notice for yourself and either hand deliver it to the tenant or post it in a conspicuous place at the property. If the problem persists the next step in Park City property management is to post a "Comply or Vacate" notice. We use a 3 day notice that requires the tenant comply within the 3 days or we will begin an eviction proceeding. Eviction should truly be your last resort for people who continually flaunt the rules and are unwilling to change. It can be an expensive and drawn out process, particularly if the tenant decides to fight it. As always please remember that while I know a few things about Park City property management I am not an attorney. If you find yourself facing the prospect of evicting a tenant there are many competent attorneys who practice real estate law and a wealth of information available from state agencies.
If you would like more information about handling loud, partying tenants, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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Unfortunately in Park City property management you will at some point encounter a dead beat tenant. Maybe this person up and left in the middle of the lease with no warning or notice. Maybe they finished the term of the lease but left a significant amount of damage to your property. There are many scenarios in which a tenant can cause damage in excess of a security deposit and if they are unwilling to pay then the next step you should take is attempting a collection. In order for a collection to be effective there are a few steps you should take before anyone even becomes your tenant and there are steps you should take after. Let's take a look at some of these tips on how to collect from bad tenants.
1. A Good Background Check
While this is not fool proof a good background check in the application process can help you weed out people with a higher risk of property damage, breaking a lease, etc. References, employment, rental history and a credit check are all tools you can use to make an educated decision in Park City property management.
2. Bank Account Information
You should ask for bank account information on your application. This will be a very crucial piece of information should you need to attempt a collection. Once a judgment is obtained you may be able to directly withdraw money from a former tenant's bank account in order to satisfy charges you incurred that were the fault of the tenant.
3. Accurate Records
You should have a move in sheet where you and the tenant can make note of any existing damage or conditions in you Park City long term rental property. This way there is no question as to what damage a former tenant caused if your case goes to court.
4. Keep Receipts and Invoices
If it is necessary to make repairs after a tenant has left you should keep copies of all receipts. Carpet repairs, drywall patching and painting, property or carpet cleaning services, and smoke remediation are just a few if the types of repairs you may need to undertake to return a property to rentable condition. You as a Park City property management landlord don't want to pay unnecessary costs so keep track of these items for your collection efforts.
5. Utilize a Collection Agency or Attorney
The legal system can be difficult to understand and simple clerical errors on your part can cause your entire case to be thrown out. Utilizing an attorney or collection agency can be an invaluable tool in obtaining payment for damage caused by a bad tenant. These agencies typically require only a small fee to start your claim and are paid for their efforts through fees tacked on to your claim.
6. Be Patient
Claims take a long time. You do not want to be in a position where payment for these repairs is immediately necessary to your Park City property management operation. It could be years before you see any money, if at all. Realize that the process will take some time and is not always successful.
If you would like more information about collecting from bad tenants, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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Happy New Year to everyone here in Park City property management! 2013 was a great year and I am looking forward to 2014. I thought this would be a great opportunity to share with you a few of my favorite tips for Park City long term rentals that will help any landlord in Park City property management. Maybe you can incorporate a few of these tips as part of a New Year's resolution to be the best landlord you can be. Let's take a look at some of my favorite tips that will help landlords in Park City property management.
Be Proactive
Whether it is a maintenance request, a problem that your tenant relayed to you or the general condition of your property taking a proactive approach is always best. Many maintenance items can be easily dealt with if they are discovered quickly or dealt with when first reported. A nagging item can sometimes take a repair from quick and cheap to long and expensive. If a tenant has a complaint about a neighbor or some other type of issue, do not let it escalate. I have seen issues go ignored until a great tenant feels their only option is to move out. If a tenant comes to you with a complaint or problem make it a priority. Even if you ultimately can't do anything about a particular issue the tenant will at lease know that you are concerned over their peaceful enjoyment of your property.
Take A Reasonable, Understanding Approach
The old saying "you catch more flies with honey than with vinegar" is definitely applicable when it comes to Park City property management. If you are a reasonable, understanding person you will generally be treated in the same way. The last thing you want in a tenant/landlord relationship is for things to become personal in a negative way. If a tenant is a few days late on the rent with a reasonable explanation there is no need to berate or excessively drive home the point that rent must be paid on a certain day every month. If you have good tenants then treat them like good tenants! They are an important part of your property management operation and should be viewed as such. If you find yourself turning into the landlord who feels like every tenant is out to screw them over then you are headed in the wrong direction and my next tip might be just right for you.
Hire A Park City Property Management Company.
If you are feeling overwhelmed with taking care of your rental property, if you are tired of dealing with tenants, or if you are just too busy and don't have the time then you should consider hiring a competent Park City property management company. A good property manager has all the resources, staff and tools available to take the hassle out of a rental property. For a small monthly fee you are free from the constraints that having a rental property can place on your otherwise busy schedule. No more Friday-at-5pm maintenance calls or worrying about collecting rents. A good property manager will handle all this for you and more and is something you should strongly consider for Park City property management.
If you would like more informative tips on being a landlord, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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A recent article I read has brought to light the need for anyone involved in Park City property management to be aware of discrimination testing and know some of common pitfalls that landlords and property manager can fall into when it comes to Park City long term rentals. Discrimination testing is performed by the Disability Law Center (DLC) which is a "private, non-profit organization designated by the governor as Utah’s Protection and Advocacy (P&A) agency" and is set up to "enforce and strengthen laws that protect the opportunities, choices and legal rights of Utahns with disabilities."
The DLC conducts discrimination testing using two testers, a control tester who is not in a protected class and a second tester who is in a protected class. I have previously written about Fair Housing laws in my post "Fair Housing And Park City Property Management: Are You At Risk?" but briefly protected classes are race, religion, sex, color, national origin, age, citizenship, pregnancy, familial status, disability, and veteran. The two testers contact a property manager or landlord and inquire about housing. Problems occur when there is a difference in treatment between the control tester and the protected tester. Let's take a look at some of the common mistakes made in it comes to protected classes in Salt Lake City property management.
Service Animals
Asking for a pet deposit or pet rent for a service animal is illegal. A companion animal also falls into this category. If you have a person applying to live in your rental property and they have a service or companion animal you cannot charge pet rent or a pet deposit for this animal. The tenant is still responsible if the animal does any damage to the property but a deposit cannot be taken in advance. Once an animal is identified as a service or companion animal you can ask for proper documentation on the animal but the questions should stop there.
Disability Questions
You should never ask, in any way, what the nature of a person's disability is. The person is not obligated to tell you what their disability is and you are not allowed to ask. Even in casual conversation you can't ask this question in Park City property management.
Availability
Never ever ever tell a person that you do not have any availability when in fact you do. You should already have in place a procedure for reviewing whether a tenant is qualified to rent a property through your application process. If you don't already have something in place to property screen tenants you should take a look at my blog post "5 Ways Tenant Screening Helps - Park City Property Management." Just looking at a person and telling them you don't have anything available is a definite red flag.
Incentives
If you are currently offering some type of move in incentive to get your property rented you had better make sure you offer the incentive to everyone who inquires. Discounts and the like can be very discriminatory when they are only offered to a select group of people.
If you would like more information on how to not discriminate when handling tenants, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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Today's blog post comes from a conversation I had yesterday while watching my daughter's soccer game. Another parent on the team who also lives nearby asked what I did for work and I told her I was in Park City property management. She then said that she and her husband currently owned and lived in a condo but were thinking of buying a house and renting out the condo.
I think many young people sort of fall into being a landlord in this manner, I know I did. As a young couple starting out they wanted to own a property and could afford a two bedroom condominium. Then a few years pass, a child or two comes along and before you know it the two bedroom condo is getting tight and it is time to upgrade. If you aren't in a position to cash out equity from your condo it may make sense to rent it out but where do you begin? Here are some tips for new landlords in Utah property management.
Do Your Research.
Before you throw up some pictures of your property online or sticking a For Rent sign in the window you need to do a lot of research. There are a lot of free resources available to new landlords through both state and local government. You should get educated on basic landlord-tenant law that pertains to long term rentals in Park City or Utah, and Park City property management in general. Researching laws is also helpful when it comes to determining what lease you will use for youre property. Make sure it has the provisions you need to feel protected. You may also consider establishing an LLC to further limit your liability but beware there are fees and taxes associated with one. You will want to look at what comparable properties in your area are renting for. This means determining what avenues are used to market properties in your area. If you are pretty handy with tools you should plan on fixing things yourself. If not it is good to already know reputable contractors for things like plumbing, electrical, HVAC and appliance repair just to name a few. Having already established relationships means you aren't stuck trying to get a hold of a random plumber on the weekend when your tenant calls to tell you there is a leak. These are just a few of the things you will want to become knowledgeable on when it comes to Utah property management.
Hire A Property Manager.
If you feel like you don't have the time or ability to gain the knowledge you need to successfully manage your property you might want to consider hiring a property manager. For minimal monthly fees a qualified property manager will become the professional face for your rental property. Think about it this way: You will have a professional staff of experienced individuals working fulltime for you for around $100 a month! Park City property management companies have already established all the necessary components for managing a long-term rental in Utah. A Utah property management company will already be well versed in the legal aspects of property management, have established market channels, knowledgeable employees, a network of vendors, experience in finding, screening, and placing tenants, provide monthly and annual statements and tax returns, and be available for 24 emergency response so you don't have to worry about your property.
If you would like more information for first time landlords, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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Partial rent payments can happen for a few different reasons when it comes to Park City property management. Some of these reasons are backed by Utah property management law and some are not. The hard and fast rule is that a tenant is obligated to pay rent on time and per the terms of the lease. There are however situations when a tenant either may not be able to pay or can legally withhold some or all of the rent. Today I will cover both areas as well as recommendations for a landlord response in each one. As always I am not an attorney and if you need that level of expertise you should contact one who is familiar with property management in Park City, Utah.
Tenant Can't Pay
There may come a time when, for various reasons, a tenant is unable to pay the full amount of rent when it is due. Perhaps they had an expensive car repair or medical bill. I have had tenants be the unfortunate victims of online identity theft and bank account hacking. Job changes or family emergencies or even job loss can also contribute to a tenant not being able to pay the full rent at the time it is due. As a landlord in Park City property management you have a few options. As I mentioned before a tenant in this situation is legally obligated to pay rent on time. However you as a landlord can use your discretion in working something out. Perhaps the tenant gives you a portion of the rent and explains that they are paid on the 15th and can have you the rest of the rent then. If your tenant has otherwise been on time, or has been with you a long time and is generally easy to work with then you may consider allowing a late payment. If your lease is written so that a late fee can be applied you may also ask that the tenant pay the fee, per the terms of the lease, with the remainder of their rent. If the tenant is brand new to you and somewhat of an unknown variable then perhaps you consider moving ahead with an eviction and trying to find somebody new. Always weigh the costs of an eviction and vacancy first. If it turns out the tenant can pay the rest this is preferable to an eviction and vacancy.
Repair and Deduct
Utah property management law also provides for instances when a tenant may lawfully pay less than the full amount of rent. This situation is called a "repair and deduct". A repair and deduct scenario can arise when a "deficient condition" exists in a property. A deficient condition is defined as something that "violates a standard of habitability or a requirement of the rental agreement and is not caused by the renter, the renter's family, or the renter's guest". If you would like to learn more about standard of habitability take a look at my blog post "Emergency Maintenance - Park City Property Management". Depending upon whether the deficient condition is a standard of habitability or a requirement of the rental agreement the landlord has either three or 10 days to begin repairing the condition. If no action is taken a tenant can then provide the landlord a "notice of deficient condition" and choose to repair the condition and deduct the cost of the repair from the rent. A tenant may also choose rent abatement, at which point the lease agreement is terminated and the tenant can move out.
If you would like more information on partial rent payments, repair and deduct, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
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I have previously written about a tenant abandoning a rental property in "Abandoned Premises - Tips And Info For Park City Property Management". In that article, which you can read by clicking here, I mentioned that there are sometimes instances when a tenant also leaves behind personal property. There are specific laws for Utah property management that pertain to the personal property of a tenant in these situations that must be followed. Today I would like to cover some of these laws and provide additional resources for Park City property management operations.
Abandoned Property
As always if you are unsure of your rights as a landlord, or what rights your tenant has in a situation, it is best to consult an attorney who specializes in Utah property management law. If you find yourself with a rental property that meets the criteria as abandoned, and the tenant's personal property is still present in the premises, this property must be treated in a specific manner. First an owner must post a conspicuous notice that the property is abandoned and send a letter to the last known address of the tenant stating the same. A property owner may have the items removed and stored at another location. The owner may also change the locks and store the items in the premises. Moving costs and storage fees should be calculated. If the items are left in the premises then the storage fees may simply be the regular rent rate. If a tenant requests to have their property returned to them a landlord must do so however the tenant must pay the associated moving and storage costs for their property. If a tenant does not request to have their property returned within 30 days of abandonment then the landlord may sell the property at a public sale and apply money from the sale to the storage and moving costs. The landlord may also donate the property to a charity. If the property is sold any money generated from the sale that is in excess of moving and storage costs must be returned to the tenant.
Exceptions
There are a few important points or exceptions that a landlord should be made aware of for Park City property management. Here are a few of the more interesting points in abandoned property law.
Regardless of whether the personal property is abandoned a landlord is not required to store the following items:
- chemicals
- pests
- potentially dangerous or other hazardous materials
- animals including dogs, cats, fish, reptiles, rodents, birds, or other pets
- gas, fireworks, combustibles, or any item considered to be hazardous or explosive
- garbage
- perishable items
If the remaining personal property does go to a public sale and the former tenant is present at the sale the tenant may designate which items are sold first. The owner can only sell as many items as is required to cover all costs accrued by the tenant under the terms of the lease, including storage and moving fees. The tenant may also bid on any items at the sale but must have money on hand to pay for these items. Any items that that remain to be sold after all the tenant's expenses have been paid must then be turned over to the tenant. If the tenant is not present at the sale and their current location is unknown any excess funds must be disposed of according to the Unclaimed Property Act.
If you would like more information about abandoned property, Park City property management, or the benefits of having a professional property manager then click the button below to set up a free consultation. You will receive valuable information on Park City property management as well as a no-obligation quote on our management services.
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