Can My Landlord Evict Me without the Proper Notice?

Basically no. In all states there are landlord tenant laws that dictate the length of time required for giving notice even if there is no obvious reason for doing so, from your point of view. However, if you fail to pay rent on time, your landlord can give you a 3 day notice to pay or vacate. In the few times that I have been forced to give a tenant that notice, I also gave them a 30 day notice and on the 3rd day of non payment, and eviction notice.

That being said, you do not mention how you know your landlord wants to evict you. I assume you were told verbally. Notice needs to be made in writing. It can be posted on your door and mailed to your current address of record. It can also be served by a process server.

If you have no notice but your landlord told you to move out, I suggest that you contact that person to discuss the problem and try to resolve it. You can also hire a lawyer but it will be quite expensive and you will probably not recover any of those costs.   If you are given notice and it is not resolved, make arrangements and move out as per the notice.

Will I make more money through Airbnb or renting out my property?

First of all, I will establish what kind of property you own or wish to own. If you have a home or a condo or apt and you want to make money renting a room, you will need to check the rules and laws of the association if there is one. By doing this, you will learn whether you are permitted to rent part of your home. If you don’t own your home and are a tenant, you will have to get written permission from your landlord/manager.

Then you need to decide how much you want to have someone else in your space. Renting a room long term can be hard. You would be sharing your home with a stranger basically. If you want to make a bit of extra money, you could offer a room through AirBNB or whatever reservation software you wish to use, several days or weeks a month. You would basically only meet these tenants and they would be gone. But you would be responsible for cleaning and laundry and making sure your place is a bit upscale to get tenants. The rent (tariff) is paid upfront to you after AirBNB takes their cut, so you will get paid. If you decide you don’t like renting your place to strangers, you can always quit. With a long term lease, you would be obligated to endure the lease period.

If you are planning on renting a separate space, like a single family home, whole condo, apartment, you need to start by learning what is and is not allowed in the neighborhood. I say that because many areas have prohibited owners from offering short term rentals because of the increased traffic, parking problems and strangers coming into the neighborhood. But if you find no restrictions, remember that when you rent an investment property through AirBNB or some other short term rental software, it will become a full time job to manage move ins and move outs, cleaning and supplying the unit, keeping up on repairs, baking cookiesfor arriving guests, etc. Many sub that work out to a short term rental property management company, but that cuts into your profits, of course. And you are dependent on whether you get the place rented. If you only get 50% occupancy per month you may not be able to break even on the cost of the rental. Property management for short term rentals is usually 25% of the rent collected because it is so hands on.

On the other hand, you can rent your property longer term. If you are in a resort area, you could rent for a minimum of 1 to 3 months. Or you could do minimum 6 months or 1 year leases. That business model gives you guaranteed income on which you can plan, as long as you choose good tenants who pay rent on time.

And finally, if you are in a high demand area or seasonal demand area, you can rent part of the year using a short term rental registration software and the other part of the year rent to someone longer term. Just remember that the cost is high every time you turn the unit.

So the decision is up to you. How much risk are you willing to take. How much time are you willing to spend. Finally, no matter what you decide, if you do invest in rental real estate, get a good software that allows you to advertise vacancies, gives a tenant screening portal, and does the accounting for you. The short term rental software products do not give you these features. I use Smart Property Systems. It is easy to use, inexpensive and has all of the bells and whistles you will need to be successful. Good Luck.

How the Eviction Process Works

March 9, 2016

Source: This article was published with permission from LegalTemplates

Eviction notices can be daunting for all involved- both for Landlords and Tenants. While most issues are encouraged to be cured via problem-solving and clear communication, occasionally an eviction notice will be served.

Both sides should know that they could ultimately end up in front of a judge. Eviction processes are highly regulated since the law protects both sides and the court makes the final decision. Instead of allowing people to take the law into their own hands, the eviction process ensures both the Tenant and Landlord are given fair treatment.

Luckily, this process is quick when compared to other legal cases, as it is considered a “summary” court procedure. This means timelines for arguments are shortened to speed up the resolution or court decision. Instead of waiting months to hear the case, the Landlord and Tenant can appear before a local court soon after the Landlord files a complaint.

To help visualize the eviction process, Legal Templates created an info-graphic to detail how this works and what to expect:

Are You Afraid of Change???

Have you ever thought about how change affects your life? How many of us embrace the idea of change? How many dread it?  I am  not talking about change that comes when you get dressed.  I am not even talking about a change of scenery.  Those kinds of change can be easy to take, unless the view is from behind bars and walls.  Changing a diet can be very hard.  Changing where you live can be stress inducing.  Changing a job may be difficult for some. Changing the way you do your job may be even harder to accept.

Matathesiophobia= The fear of change.change fear                                                                                   Have you ever started something brand new and realized that you don’t have a clue about what you are doing?  Have you ever gotten physically dizzy or distracted from the task because you are having a hard time?  It can be like that for new owners or managers of investment properties. Even seasoned managers can get into overwhelm at times when the work load piles up. Many are literally overwhelmed by the prospect of having to advertise for tenants, do tenant screening and write leases.  But before we fall over the cliff in overwhelm, there is a better way. Using a quality software which is designed to be easy to use,  where the work flows don’t let anyone make a mistake, is the real answer.  Now that kind of change does not seem so hard.  The subscriber/new landlord or manager can have a path to follow with success at the end of the road.  When using the Smart Property Systems software, the steps for each task are lined out and the tools are right there on the dashboard for the investor/manager to use.

You have never used software before?  Is that a hard change to overcome?  Not really. Change can be easy to deal with, when there is a change of mind and good attitude.  Relaxing into the new software environment can actually be exciting as the user discovers that everything is automated and all work is saved by the software.  Just think. This change results in having all documents and tools at your fingertips. Simple organization at last!

Smart Property Systems offers property management software and it is designed to make the business of property management much easier for anyone doing that job.  But hardly a day goes by that someone in the customer service department hears a complaint from a subscriber or maybe a free trial users saying that it is hard for them to change. After talking about it for a few minutes they realize that their real reason is fear of change. Once that fear is overcome, the whole prospect of having answers to all questions and problems that come up in property management which are at their fingertips, makes the new world of software becomes glittery and golden.

Smart Property systems has been doing business in the Property Management Software sector since 2004 and served over 20,000 subscribers.  This company knows property management and understands the problems that repetitive tasks cause for the staff. Repetition can cause boredom and bored people make mistakes.k8479153 The motivation and dream of the staff at Smart Property Systems is to provide automation for those repetitive tasks and make the business of renting well managed properties to deserving tenants easier and more profitable. Software does not make mistakes. That is change we can believe in.

But what about the change that comes in having to pay for software? There again, just how valuable is your time?  When you get your properties and tenants into your subscription account and automate the rent collection, can you imagine how much time you will save every month?  Why that could be a full time assistant salary saved. If you have no assistant, using SPS software will cut your time by two thirds. Remember, now all communications  with tenants and vendors go through the message centers in each account portal, instead of having phone calls all hours of the day and night.  Now notices are sent though the software via email and stored in all appropriate accounts. Some, like statements and late fee notices are automated, so there is really nothing you have to do. Rent week comes and goes and all statements are sent out, rents collected and accounting for those payments done by the software for you!  You can look at the rent roll and see who has and has not paid.  So now, what will you do with all that extra time on your hands?  Maybe play some golf or tennis or go fishing? How about spending more time with the family?

Yes Change can bring stress but fear of change is really the main issue.  Once that fear is overcome, then the change from manual management of properties to software driven management is a no brainer.  Check us out at Smart Property System <https://smartpropertysystems.com>

Author: Timmi Ryerson
CEO
Smart Property Systems

How Do You Know You Need Property Management Software?

You are an investor and have purchased a property to rent as an investment. Maybe it is commercial and maybe it is residential. It really does not matter as the process is the same. But were you prepared for all of the work that you need to do to get your investment property ready and tenanted? And once it is tenanted do you have the correct documents you need to be sure you are doing things right? Even with one property you will want to investigate use of property management software. It is a life saver for the first time investment property owner.

The advantages of using Property management software are many. I recommend that you choose a cloud application software so that you have access to your data and tools any time anywhere with a computer or tablet or mobile smart phone. Imagine taking a vacation and being able to see your rent roll from the beach in Hawaii. If you have people who work for you, you should be able to add them to a portal through which they can perform their duties using the software. The Associate Portal should give you an eye to watch the progress of each associate or employee. You will be able to see what they have accomplished and in what time frame.

Property management software data entry should be a single entry system. That means that once data is entered it does not have to be re-entered. Automation of processes cuts down on mistakes. Manual entering of repetitive data is prone to error.

You should have a robust accounting platform built into the software which allows you to automate rent collection as well as pay payables like the mortgage, vendors, utilities etc. right in the software. The accounting system should be double entry which balances all accounts with every entry. Why, you ask, should I automate rent collection? Top 8 reasons you should use automated rent collection:
1. Gets you out of the monthly hassle of physically collecting rent payments only to find that the tenant is not there or does not have the payment.
2. When rent is automated, if it is late, the late fee is automatically attached. You don’t have to negotiate the late fee with your tenant.
3, All accounting for rent payments is done for you in your ledger, your rent roll, the lease and your tenant account portal.
4. You receive a notice when your tenant submits a rent payment and that gives you peace of mind.
5. The software provides receipts for rent payments. You do not have to do this.
6. If the rent is not paid on time, the software automatically sends a late rent notice to the tenant and adds the late fee to the balance due.
7. You do not have to go to the bank multiple times per month to deposit rent payments.
8. And the best part is that your tenant will get into the habit of paying rent on time (97% with automated rent payments)

There should be a qualified tenant screening system built into the software. It allows you to send a request for screening to a prospective tenant and brings the report right back to your dashboard for review within minutes of the tenant having filled out the request.

Your property management software should have a customer support team to help you if you get stuck with doing something in the software platform. They should also be knowledgeable about property management so that you have a resource if you have a question.

You should have all tools necessary to do property management available in one place to perform the daily tasks required in a way that saves you time and money. Tenant screening, advertising webflyers, state compliant leases, message systems which store all messages, and a section which allows you to set up recurring notices and also create custom notices, should all be available in your software.

Now imagine that you could get all of this for just $5.50 per month per unit.

Take a look at Smart Property Systems. It is your one stop property management shop. https://smartpropertysystems.com

Who Signs the Lease Contract?

As our society becomes more educated, more diverse, and more informed, it is important to consider the legal ramifications when deciding on documentation included in  leases and more specifically, who signs the lease agreement.  This applies to residential contracts for rent, commercial contracts/lease agreements, mobile home parks, mini storage, storage, mixed use and light industrial contracts.  Whereas I am not a lawyer and would always recommend that you consult your legal representative, I do have some thoughts about what needs to be in place when a lease is signed.

If you are the owner of the property, then you sign as the owner.  The contract is always considered to be between the lessor, who agrees to receive payment for use of property owned by him/her, and the lessee, who agrees to make the payment in return for use of the property. So what happens if you are the property manager or agent in representation of the owner?  Legally, you have to have several types of documents executed to be able to sign “in place” of the owner whom you represent.  First of all, make sure that the document states that you are the agent or manager acting on behalf of your client, the owner.

Furthermore, you have no legal right to sign a contract on behalf of an owner unless you have a signed and notarized power of attorney from the owner.  In lieu of a power of attorney, if you have an employment contract which clearly states that you are authorized to sign on behalf of that owner or you have an agreement that clearly identifies you as the agreed upon representative of that owner you are in a better position.  Most property management companies have contracts which are prepared by a licensed real estate lawyer to address this problem specifically.  If you are an employee of a property management company and not a signer on that contract, be sure that one of the other types of agreements is in place or send the lease to the broker or the owner to sign. Remember that laws change from state to state so your best course of action is to consult with a knowledgeable real estate attorney.

“So why this is so important”? you ask.   In the case where you need to evict a tenant, your property manager’s standing could be affected.  In this instance, if the court questions your ability to stand in for the owner, you will need to be able to show a clearly written document that gives you the “standing” in court to represent the owner.  Please also know that in some states, even if you do have an agreement in place giving you the right to sign on behalf of the owner, you must also be a licensed real estate broker to sign.

Here are some suggestions about how the lease should look if you are managing for an owner:

Company Name

By:____________________________

Agent Name, as Property Manager of behalf of Owner Name as client

Or

Executed on May 31, 2013 By Company Name: Manager Name, Property Manager, on behalf of  Mr. Owner/landlord

Many times an owner will live in a different state than his investment property is situated.  It brings up the issue of portability of the documentation necessary for execution of a lease expeditiously.  At Smart Property Systems our leases are encoded with esign so that when a lease is ready for signing it can be emailed to the lessee and the lessor for signing.  It only takes minutes to complete this task and the lease is then returned into the system signed sealed and delivered. It is a good solution to this problem of who signs the lease.

Remember that the lease agreement is always between the owner of the property and the lessee.  Any signature from a property manager must be notated as such and all laws of that state must be complied with or the lease could be ruled invalid.  If the tenant turns out to be a problem tenant/resident, you could be in for big losses to your client, the owner*.

 

*Please see our articles about the importance of tenant screening in the blog archives.

How Important is your Time?

Let’s face it. Time really is money.  Most Property Owners and Managers and Association Managers could use more time in the day because there is just so much to do.  What if I told you that you can have that time you need to maximize your profits and minimize your efforts.  Would you believe me?  Well my bet is that you would not.  Every day I talk with Investors and Property Managers who all say how they can just not get everything done.  Either they need to work longer hours or hire more people.  Then I quietly show them a solution to this problem.  I take them through every step of that solution.  They are amazed and surprised.  I smile.  When we finish our meeting, they leave.  I follow up and they tell me that the system is wonderful but that they do not need it at this time.  I sigh.

The system I am talking about manages the property
1.allows you to see all rent rolls in one glance, to see who has paid and who has not
2. creates, manages, and auto stores the state compliant leases terms for each property
3. automates and performs the rent/dues/fees collection
4.performs the accounting automatically for those monies collected
5.sends notices automatically when scheduled and allows momentary creation of a notice for immediate email or postal mailing
6. has a message system which files and saves all written communication between the tenant and manager, vendors, owners, associates, and service
7. has a one entry data collection system, which means that the whole platform is populated from data entered one time
8. has built in state compliant auto-filled  leases with esign, which are automatically filed after esigning for ease of access by property in the forms
library
9. Forms library contains over 100 ready to use forms pertinent to the investment property management industry including all property types
10. has built in tenant screening which is filed automatically into that report system
11.has full accounting correct reports collated from data entered (like quick books) and available at the touch of the mouse
12.is a  cloud application software which can be used anywhere, anytime of the day or night, and comes with you on your notebook, tablet or laptop
13. Oh, and it also has beautifully designed web flyers which are stored for use when a lease is ending and there is a pending vacancy.  These web
flyers posted at no charge on Zillow, Hot Pads, Rentometer, Craigslist, Yahoo Rentals with Google map support and a monthly viewing audience
of close to 15 million potential renters. The pictures, videos and rich description of the property being offered for rent gives the prospective tenant
14.You can enter all data related to each of your investment properties, mortgage amounts, valuations, capital expense items and more.  All data is                  available including rent rolls if you ever decide to sell the property.including rent rolls if you ever decide to sell the property.

Imagine that all of this and more is available for all Investment Property Owners and Managers as well as Association Managers at a cost of .008%of the rent roll.  The platform is robust but easy to learn to use.  After initial data entry the only management tasks ongoing are to schedule maintenance, inspections and enter expense accounting data, and show vacancies.  This summer Subscribers can also take advantage of the one entry pay system which is being designed now.  Of course there is still the job of managing people, residents, their animals and Owners, planning community events and writing a newsletter etc.  But this system automates the entire rental process so that you now will have time to manage these people issues and still have time for lunch, exercise and a good laugh.

So where do you find this “future of property management” cloud application software sold as a subscription?  It is at https://smartpropertysystems.com.  We will demonstrate the system for you. You can join a group demonstration or have your own private showing.  You can also have a free trial for 2 weeks to test drive our services.  But what do I hear you saying?  Sounds good but I probably am too small to use something like that…..On the contrary.  This system was designed just for you, especially for you.  Come and see us.  Give it a try. You have nothing to lose and everything to gain….better time management, more profitability, rents collected on time, automation of everything.  But the best thing of all is that we have the best, most readily available customer service of any property management software available and we love our subscribers and their tenants.  They  love us too. You can contact some of them and they will tell you how much they love this system.  We work as a team to maximize their profit, experience and business.  We’ll leave the light on…and be waiting to show you around.

Eviction is a Necessary Task in Property Management

 

 

 

Many counties in the United States do not report evictions to credit bureaus and it takes specific searches to discover these records.  This kind of search can be done by a landlord or property manager in the local counties but is time consuming and not always reliable.  The reality is that often a resident will apply for a new rental home while he/she is being evicted from the current residence and there will be no record at all.

We spoke with Equifax recently and found that they have just purchased a small company which is now collecting this eviction data across the country.  In several years there will be a new data base with this information which will be available for credit reports but we still have to deal with what we have today, which is precious little with regard to eviction history.

That being said, we still have our rules and regulations to abide by and therefore will have to enforce them for the benefit of all.  So there will be the occasional eviction.

The article below is a good summary from Expert Law which will help you if you find that you are needing to proceed with an eviction.

Read More Here

 

The Secret to Getting It All Done and Still Having a Life

“I have so much to do that I can’t get it all done.” We have all at least thought this. For those who manage rental properties and the activites of daily life such as  mom, or dad, or spouse, or friend, or athlete etc. this statement can be so true that it can cause one to feel overwhelmed and not able to cope. We have two suggestions. First sign up to use our property management software and your life will become much less complicated. You will find the link at the top of the page. And second, read this article:

Read More

 

Demand for Rentals is Putting the Squeeze on Low Income Renters

Housing is considered “affordable” when it costs no more than 30 percent of a household’s annual income. The U.S. Department of Housing and Urban Development estimates that nationwide, 12 million households now pay more than 50 percent of their annual income for housing. And a family with one full-time worker earning the minimum wage can’t afford the local fair-market rent for a two-bedroom apartment anywhere in the United States.

Read more here: http://www.newsobserver.com/2013/02/20/2695097/high-demand-for-rental-housing.html#storylink=cpy