7 New Year Resolutions for Landlords to Consider

January 5, 2017 by Eviction Records Leave a Comment

The start of a new year is an ideal time for taking stock of how things are going and setting landlord New Year resolutions goals for the year ahead. Landlords can participate in New Year’s resolutions goal setting and reap both procedural and financial benefits for their business.

New Year Resolutions for Landlords

The following are seven New Year resolutions landlords should consider setting:

1. Targeted Updates

Properties that are kept updated have a fresh, appealing look that draws in quality renters. With more interested applicants, landlords will have a larger pool from which to choose the best candidates. Simple upgrades like fresh paint, new plumbing features and quality landscaping can give properties more appeal.

2. Better Time Management

Landlords who don’t use limits, structure and parameters in their procedures may find themselves feeling like they are being a landlord 24/7. New Year resolutions landlords should commit to are having better time management in the year ahead by prioritizing tasks as well as setting boundaries on tenant access.

3. More Preventive Maintenance

Property maintenance can help to prevent costly repairs down the road. For this New Year resolution landlords should ensure that things like HVAC system tune ups, plumbing checks and roof inspections are done every year.

4. Improved Communication with Renters

Renters who feel respected and treated well are more likely to pay their rent on time and stay on as long-term tenants. A concise lease along with professional, friendly communication can help cultivate positive landlord-tenant relations.

5. Check Neighborhood Stats

Landlords should also take the time to evaluate rental prices for similar properties in their area to determine if they are currently charging a fair rental rate. An optimal rent amount is one of the keys to success as a landlord.

6. Revisit Landlord-Tenant Laws

Another New Year’s resolution that landlords should consider is to periodically brush up on national landlord-tenant laws as well as rules for their specific state and local jurisdiction. The lease and policies should be adjusted accordingly to stay in compliance.

7. Make a Commitment to Tenant Screening

One of the best ways to get quality renters is to screen every applicant that’s being seriously considered. Professional tenant screening and background checks can determine credit history and check court records to see if an applicant has a criminal past.

The new year is the ideal time for taking stock and setting goals for the upcoming months. Landlords should consider these seven New Year resolutions for landlords to set the stage for increased success and prosperity in the year ahead.

Disclaimer: The information on this website does not constitute legal advice and is governed by our Terms of Use. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.

5 Steps to Take When a Tenant Refuses to Pay Rent

December 9, 2016 by Eviction Records Leave a Comment

It’s one of the biggest risks of being a landlord; the time may come when a renter stops paying rent. They may have lost their job or been hit with a major unforeseen expense like car repairs or medical bills. Whatever the reason the tenant cannot pay rent, the landlord is left in an undesirable situation. They must handle it appropriately and within the confines of the law.

Pay Rent Eviction Notice

Here are five steps landlords can take when faced with a tenant who refuses to pay rent:

1. Communicate with the Tenant

Talking with the tenant and determining exactly what is going on and why they are not able to pay rent is the first step. While financial issues are likely at play, it’s possible that the tenant has other concerns such as issues with the property that require repair. There might also be issues with a subletter who has moved out. Once the crux of the issue has been determined, the landlord can decide on a course of action.

2. Get Clear On State Laws and Regulations

While there are some consistencies, every state is a little different in terms of tenant rights and how landlords must handle tenants who are delinquent on rent payments or simply refuse to pay rent. It is crucial to be clear on the requirements, or landlords can face legal action down the road.

3. Terminating Tenancy

If payment is not forthcoming and eviction is the next course of action, the tenancy will have to be legally terminated. This will require written notice in compliance with state laws, usually in the form of a “pay or quit” notice with state-specified language and deadline. Landlords who are still unclear about the best course of action and how to proceed should consider seeking legal counsel.

4. Evicting a Tenant Who Did Not Pay Rent

If all state laws are followed by the landlord and the tenant still has not paid by the deadline, an unlawful detainer lawsuit can be filed. If the landlord wins, they will receive a judgment for unpaid rent and possession of the property. If the tenant still won’t leave, the landlord cannot forcibly evict them; the authorities must be contacted. The court judgment should be given to a sheriff or marshal to deal with the tenant. EvictionRecords.com offers landlords access to a national eviction records search, criminal records and an SSN identity verification.

5. Handling Abandoned Property

If the tenant leaves any belongings behind after vacating, landlords should check state laws regarding how to handle this. Many states have specific notification and storage procedures that must be followed.

Tenants who become delinquent and do not pay rent are a landlord’s worst nightmare. However, checking every applicant with a professional tenant screening credit reports service can help to ensure that only the most viable and financially responsible renters are chosen.

6 Landlord Tips for Optimizing Communication with Tenants

January 25, 2016 by Eviction Records Leave a Comment

In business and in life, good communication is key to success. Communication is crucial in all relationships, including the landlord and tenant connection. The article aims to provide landlord tips for optimizing communication with their tenants. For additional tips, check out our landlord resources page.

Landlord Tips

Landlords can use the six landlord tips below for maximizing and optimizing this important business relationship.

1. Be Polite

It might sound elementary, but it bears reminding that a bit of common courtesy can go a long way. Landlords can create a positive atmosphere for good communication in a landlord-tenant relationship by being as polite as they are firm.

2. Be a Good Listener

Communication is a two-way street, but all too many people “take” more than they give. Cultivating good listening skills allows landlords to pick up key details, make relevant changes and make their property even more appealing to quality, long-term renters.

3. Discern Communication Preferences

Just as no two people are identical, no two tenants will be alike; each will have a unique communication style. Becoming adept at understanding and relating to different personality types effectively will go a long way in facilitating good communication going forward. Landlords should strive to see from the perspective of each tenant even as they communicate their own needs.

4. Find Rapport

Good rapport is foundational to positive and mutually beneficial relationships. Subtly mirroring the tenant’s speaking pace can make them feel understood and respected. For some people, short and to-the-point communication is most effective; others may need a bit more “hand-holding” and friendly conversation to feel comfortable in the business arrangement.

5. Be Clear About Expectations

Being clear from the outset about what’s expected from renters reduces the risk of misunderstandings down the road. A rental agreement with clear parameters as well as verbal reiteration of the most salient points will help to clarify expectations for the lease term. A tenant screening service can help landlords to determine ahead of time if a tenant will meet their expectations.

6. Use Collaborative Language

Making tenants feel like they are an important part of a collaborative effort will cause them to be more willing to comply with policies or make necessary changes. Landlords should avoid “giving orders” and instead use phrasing like, “It would really help me out a lot if you would ___________.”

To be a truly effective landlord, good communication with tenants is key. Landlords can use these six landlord tips for more positive relationships with all of their renters. These landlord tips are just some of the ways for landlords to improve their relationships with their tenants. For more landlord tips and tips for renting to college students, check out our blog.

Steps for Evicting a Problem Tenant by EvictionRecords.com

October 26, 2015 by Eviction Records 1 Comment

The need to evict a problem tenant is a reality that landlords hope they never face, but unfortunately, it’s a potential reality of renting out property. Of course, using professional tenant screening can help with vetting applicants to increase the odds of avoiding a problem tenant.

Evicting a Problem Tenant

However, if and when the need to evict arises, there are some specific steps and processes to use in order to enact the eviction legally. Not doing so can pave the way for a tenant to take legal action.

The first step is for the landlord to terminate tenancy in compliance with state statute. This usually involves giving the renter written notice of impending eviction. If the tenant does not pay rent or become compliant with the lease, a lawsuit to evict can then be filed. Again, each state differs on the specifics, and it is important to take this action in compliance with the law. In most states, there are three basic termination of tenancy notices that landlords can use:

1. The Pay Rent or Quit Notice

This type of notice applies to tenants who have not paid their rent. The landlord typically gives the tenant three to five days to become current, or they will be evicted.

2. The Cure or Quit Notice

This type of notice is given if a tenant is in violation of a lease term or condition, such as not having pets or refraining from playing loud music. With this type of notice, the tenant is typically given a set amount of time to correct the issue. If they do not comply, they can be served a lawsuit for eviction.

3. An Unconditional Quit Notice

This type of motion is the most severe. A problem tenant is in effect asked to vacate the rental unit immediately, with no chance to catch up on rent or rectify a violation. This type of notice is usually permitted if the renter has:

Been late with the rent more than once
Been in violation of the rental agreement clause repeatedly
Has been engaged in illegal activity on the premises (like selling drugs)
Has caused serious damage to the premises

Again, this can vary by state; some states allow the issuing of an unconditional quit notice for less severe infractions.

If the Problem Tenant Still Won’t Vacate

If a tenant ignores a notice and refuses to vacate, an unlawful detainer lawsuit may be filed. The summons and complaint for eviction must be properly served in compliance with the law for the state.

A tenant may also mount a defense, which can add weeks or months to the process. Landlords may not move or lock out a problem tenant, and each state has laws regarding the removal of property from the unit.

The eviction of a tenant is a headache that all landlords dread. Fortunately, professional tenant screening can assist with the screening of rental applicants to help reduce the odds of having this issue with a problem tenant.

4 Key Tips for Renting to College Students

August 28, 2015 by Eviction Records Leave a Comment

Landlords who primarily rent to college students tend to run into specific issues that other property owners may not face. It’s important to be aware of these potential pitfalls and landlord challenges to make the most of your experience as a landlord.

Renting to College Students

If you own rental property near a college or university, use these tips when renting to college students and other rental applicants to avoid headaches and stay profitable:

1. It’s All in the Lease

It’s crucial to set specific house (or apartment) rules and get it in writing. Establish set policies about occupancy, how many guests they can have over at any one time, and how subletting should be handled should the need arise. Create a “late fee” policy as well as fees and fines that will be deducted for specific infractions such as property damage, not cleaning the unit before they vacate, etc. Put it all in writing in the lease, and make sure each renter reads and signs it.

2. Screen Each Candidate

A look into the background of each potential renter can either confirm their reputation or alert you to red flags about their past. Credit checks, criminal records, tenant eviction records and their history as a renter can all be checked with a quality tenant screening service.

3. Enact a Flammables Policy

Some landlords who rent primarily to students establish a “no flammables” policy for their own as well as the students’ protection. This means that smoking as well as open flames are not allowed; this would include candles, incense and bonfires in the yard. If flammables will be allowed in your property, be sure to enforce the presence of a fire extinguisher on the property and ensure that each tenant knows how to use it.

4. Make Utilities Their Responsibility

Some young adults haven’t yet learned how to handle responsibilities such as turning down the heat at night or making sure the windows are closed when running the A/C. While you might consider including fixed services like Internet or trash pickup in the rental cost, it’s best to make more open-ended services like heat and electric the tenant’s responsibility.

Renting to college students has its share of potential challenges, but it can also be very lucrative and rewarding. Use these four tips to help you connect with high caliber tenants and make the most of your experience while renting to college students.

How to Screen Tenants Legally and Avoid Housing Discrimination

August 4, 2015 by Eviction Records Leave a Comment

Federal Fair Housing rules prohibit landlords from discriminating against rental applicants in a number of key areas. These include:

Race. Racial discrimination, whether subtle or overt, is prohibited by law.

National Origin. Favoring those who come from a specific country is illegal, as is denying anyone from a specific nation. In some states, when screening tenants, it’s also illegal to ask applicants about their citizenship or immigration status.

Religion. Denying an applicant on the basis of their religion or giving priority to those of a certain religion is illegal.

Age or Family Status. Landlords cannot turn a renter away based upon their age or family status, including if a woman is single, pregnant and/or has children. The presence of children is not a valid or legal reason for rejecting an applicant. Designating an unreasonably low occupancy limit for any rental unit is illegal as well.

Disability. Rejecting an applicant based upon physical or mental disabilities is illegal as well. When they screen tenants, landlords may not ask if an applicant has a disability or request to see their medical records. Those in addiction recovery (actively receiving treatment and/or attending meetings) may not be rejected based upon their past misuse of substances (unless they were convicted of drug manufacture or dealing.)

That said, there are numerous valid and legal reasons that a landlord can (and should) pass on a rental applicant and continue to screen tenants for more desirable candidates. These include:

Insufficient income. Ideally, if the monthly rent is over one-third of an applicant’s verified monthly income, they probably cannot afford the unit.

Past eviction record and/or negative feedback from past landlords. A poor track record with other landlords is a clear red flag.

Poor credit and/or too many debts. A credit report or tenant screening service can help a landlord to screen tenants and gain insight into the credit history of applicants. Those with high debt and a history of late or missed payments could be problem renters.

Criminal convictions. A criminal record is another potentially valid reason for rejecting an applicant (although it can depend upon the crime and when it occurred in some states.)

Landlords can save themselves a lot of issues down the road by following these guidelines when they screen tenants. A quality tenant screening service can assist in finding many of the legal reasons that a tenant should be rejected.

7 Key Tips for Screening Tenants

March 31, 2015 by Eviction Records Leave a Comment

Tenants can make or break the experience of being a landlord. While great tenants can mean a hassle-free and lucrative investment, nightmare tenants bring stress and the potential to lose money from missed rent and costly repairs. While instincts count, sometimes they aren’t enough to screen out terrible tenants.

Use these seven tips for screening tenants to avoid problem renters and connect with the best tenants:

1. Start Screening Tenants from First Contact

Watch for red flags or signs of trouble the moment a prospective tenant reaches out. Missed calls, being late for appointments, or sharing drama about their personal lives could be signs of unreliability.

2. Meet Them in Person

Meeting face to face before renting to someone is key to getting a better sense of their character.

3. Have Them Fill out a Rental Application

A written rental application allows for the collection of all relevant information needed to make a sound decision when renting a property. Make sure the application covers all data points.

4. Ask for Proof of Identity

Confirm identity by asking to see a valid photo ID such as a driver’s license from all potential tenants, and write down the number on their rental application.

5. Follow the FHA (Fair Housing Act)

Do not discriminate against any applicant based upon race, culture or religious orientation. Also, make sure to indicate on the rental application what will be done with the information provided. For example, if using a tenant screening service or calling character references, get their permission to do so.

6. Use a Tenant Screening Service

A comprehensive background check is one of the best ways to screen potential renters. The best tenants screening companies offer county criminal background checks, Federal background checks, instant national eviction record, social security traces, and sex offender registry search.

7. Confirm Their Character

Get the contact information of their previous landlord so that you can call and confirm that they were a reliable tenant. Ask for three character references that you can call as well.

Not all tenants are a good fit, and screening tenants effectively requires a blend of intuition, common sense and not leaving anything to chance. Use these seven tips to steer clear of problem tenants and increase the chances of forming lasting, mutually beneficial tenant-landlord relationships.

Disclaimer: The information presented is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

Landlord Application Screening for Sex Offenders

December 29, 2014 by Eviction Records Leave a Comment

Landlords have many responsibilities to their renters, such as keeping the property safe from dangerous conditions. This means, among other things, keeping handrails stable, repairing broken appliances and fixing leaky roofs. They also have a responsibility to take reasonable measures to keep their tenants safe from criminal activity. This is particularly important in apartment complexes where many different people live in close proximity to each other. Therefore, landlord application screening is already common in these apartment complexes.

Landlord Application Screening

One step landlords can take to protect apartment tenants is to do a national criminal record search on all housing applicants. Federal law prevents rental discrimination against anyone based on their age, race, disability, sex, color, religion or national origin. But, people with a criminal record are not a protected class under the Fair Housing Act (FHA).

Megan’s Law and sexual offenders

When an apartment complex includes children as residents, it is important to protect them from sexual offenders. All states have some form of what is called Megan’s Law which requires sexual offenders to register with the state. The state then keeps a list of all sexual offenders that are released. Laws vary as to how this information is used. In some states, anyone can check the registry to see if an offender lives near them. Other states restrict who has access to the information and how the information is used.

A criminal background search performed by a reputable company, as part of a landlord application screening process, will discover whether or not an applicant has a sex offender registry record. If so, a landlord can review the criminal record and the circumstances surrounding the criminal offense and make an informed decision as to whether or not to approve the application.

There is a fine line landlords must walk in refusing to rent to a registered sex offender. In some states, California for example, landlords are prohibited from denying a rental application based solely on the fact that the prospective tenant’s name is found on the state’s sexual offender list. But, they can refuse to rent to people based of their criminal record in general. Before approving any rental application, landlord application screening should include a criminal background search.

Creating Safer Neighborhoods by Screening Rental Applicants

October 29, 2014 by Eviction Records Leave a Comment

Most landlords want to make sure the neighborhoods where their properties are located remain good, safe neighborhoods. Even though many do not live there themselves, they still have a responsibility to be a good landlord and keep up property values. One of the best ways that landlords can do this is to make sure they only put the best quality tenants in their properties by screening rental applicants. These are people who will be good neighbors in their stead, keep up the property, and treat it as if it were their own. To get these tenants, landlords need to engage in careful and detailed rental screening for all the applicants.

The Basics

At a minimum, landlords should be screening rental applicants for criminal backgrounds and previous evictions. While not every criminal record is serious enough to warrant excluding someone from renting a property, diligent landlords should check and make the decision for themselves as to whether a criminal record is a warning as to how someone will treat a property and whether they will be safe for the neighbors to be around.

People with previous evictions may or may not be excluded based on the circumstances of their eviction and what condition they left the property in when they left. Anyone can fall on hard times temporarily and have to leave a rental property; it is the way they treated the property upon leaving that is the most telling of what kind of renter they will be, assuming they now have the appropriate steady income to keep up the rent.

Violent sex offenders have to register their dwelling place, and it will be easy for neighbors to look online and discover they are living in your property. A sex offender registry check should always be included when screening rental applicants.

Why Tenant Screening Credit Reports are Important

Some landlords screen for credit history, while others do not. It is in the best interest of most landlords to do this screening and to rent to those with good credit histories. This is because someone with a good credit history will naturally want to protect it. They’ve probably worked very hard to get it, and are not likely to risk losing their good credit history by not paying rent or by trashing the place when they leave. People with good credit histories generally make more responsible tenants.

Other Things to Consider When Screening Rental Applicants

To really get to know potential renters and make a reasonable deduction as to how they will treat the property and whether they will be reliable with rent, a landlord might look into other things. Obtaining references from previous landlords, references from previous neighbors, and even looking at pay stubs, bank statements, and tax returns are all things that can give a landlord a better idea of a tenant’s prospects in their property.

Conclusion

The Fair Housing Act prohibits landlords from discrimination in renting on the basis of race, color, religion, gender, national origin, familial status or disability. Additionally, landlords must know their State and Local laws. Landlords are allowed to use other factors to determine if a rental applicant will make a good tenant. These include consumer credit, previous rental history, income, and rental references.

One of the best ways to find out if someone is going to be a good tenant is to do a thorough screening and use a company that specializes in screening rental applicants for landlords.

The following are seven New Year resolutions landlords should consider setting:

1. Targeted Updates

2. Better Time Management

3. More Preventive Maintenance

4. Improved Communication with Renters

5. Check Neighborhood Stats

6. Revisit Landlord-Tenant Laws

7. Make a Commitment to Tenant Screening

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Here are five steps landlords can take when faced with a tenant who refuses to pay rent:

1. Communicate with the Tenant

2. Get Clear On State Laws and Regulations

3. Terminating Tenancy

4. Evicting a Tenant Who Did Not Pay Rent

5. Handling Abandoned Property

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Landlords can use the six landlord tips below for maximizing and optimizing this important business relationship.

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If the Problem Tenant Still Won’t Vacate

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1. It’s All in the Lease

2. Screen Each Candidate

3. Enact a Flammables Policy

4. Make Utilities Their Responsibility

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1. Start Screening Tenants from First Contact

2. Meet Them in Person

3. Have Them Fill out a Rental Application

4. Ask for Proof of Identity

5. Follow the FHA (Fair Housing Act)

6. Use a Tenant Screening Service

7. Confirm Their Character

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Megan’s Law and sexual offenders

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The Basics

Why Tenant Screening Credit Reports are Important

Other Things to Consider When Screening Rental Applicants

Conclusion

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