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.

Customer Service is an Important Part of Property Management

happy tenantsIf you work for a property management company you know the importance of maintaining good relationships with your owners and tenants.  And if you are self directing your own property management you probably know that tenants and landlords often clash.  But it does not have to be that way. You must stay on top of your management tasks, and let your tenants know that each one of them is important to you.

Our company has provided software for property management to over 20,000 subscribers since 2005.  We are recognized as one of the best property management software companies and, by the way, we have just rebuilt the software to be even easier to use thus making the communication with tenants even better.  The legacy software won a webby and the New Release has already won a Best In Business for software award. With all of this experience, there are some things that we know will help you get good tenants, keep your tenants happy and retain them longer.

Expect the Best from your Tenants

You are entering into a business contract with each tenant. You expect them to pay rent and care for your property in return for their access and right to occupy to a quality property in which to live or work if it is a commercial property.  Remember that it is a business relationship, not a friendship.  From the beginning treat the tenant with respect.  Once the lease is signed the tenant has agreed to pay rent on time.  Be sure that he/she does just that.  We recommend use of automated rent payments made through a tenant portal which contains all of the pertinent information that they need plus a way to make their rent payment in less than a minute. If they are late, do not offer to waive late fees. In the automated system, late fees are added automatically on the designated day.  Waiving late fees only encourages more late payments.  If you have a chronic late payer, make arrangements so that rent is due after they have received their wages or can reliably make the payment.  If that means you extend the grace days a few more days then that is a better way to resolve the issue than to waive late fees. You might also have them pay two times per month instead of once.Don’t worry, if they are using automated rent payments, the accounting is done for you when that payment is made. And remember that any changes to the original agreement need to be memorialized in writing and signed by both parties.

You Make the Rules

It is the responsibility of the landlord or property manager in conjunction with the owner to make the rules for tenants residing in the property.  Include those rules when they sign the lease.  We recommend a separate document stating policies and rules as well as vacating procedures.  The tenant signs that document and it becomes part of the lease.  Tenants need to know the rules before they move in, not when they have violated one.  Tenants need to know that they are responsible for  being cordial to neighbors and abide by the rules of the property.  It is always best to meet the tenant in a professional environment like an office.  Our SPS software offers esign for leases and notices so that an office is not required to look professional.  One other thing that is very important is good communication.  The SPS software has tenant portals through which the tenant can easily notify you of any issues or report maintenance items.

Get Repairs Done Quickly

Things happen to rental properties during normal wear and tear, and repairs need to be done to keep the property in good shape.  Occasionally there is also tenant caused damage, like a child flushing toys down the toilet or someone hitting the garage door with their car.  Both types of damage should be repaired by the landlord or property manager, not the tenant.  The most important thing that a landlord can do is get the repair done as soon as humanly possible.  The tenant can be billed for tenant caused damage or the security deposit can be used if they do not pay. We recommend billing first so that the security deposit remains in place for the future.  Always follow up after the repair with the tenant to be sure that the repair was done to the satisfaction of the tenant.  We recommend that you inspect the repair or at the very least have the contractor take pictures before and after the repair and send them to you.  Your tenant will know that you care about their comfort and you will retain them longer.  Maybe even more important is that you will be sure that your property is kept in top condition.

You Must Do Inspections

Inspections are part of the price of doing business.  Inspections done regularly will insure that there is no major damage being done to your valuable rental property.  With new tenants, you may want to do an inspection or visit the property in one month to see how the tenant is faring.  At the same time you can look around to see how they are caring for the property. If all is well you may schedule the next inspection visit for 3 months.  If things look dicey, give notice to clean it up and come back in a week to inspect again. This may seem like over kill but we have seen some tragic situations experienced by our subscribers when they do not use the inspection software available to them. One subscriber found three families living in a two bedroom house.  Only 4 people were on the lease.  Another found a herd of cats, none of whom were authorized by a pet agreement. In fact the pet agreement clearly said that no pets were allowed.  If these situations had not been discovered, you can only imagine the damage that would have been done to the property.  Inspections are an ounce of prevention against pounds of cure.

Develop Good Relationships

Always be cordial to your tenants.  They are supporting your business and even if you may not like them personally, you need to be pleasant.  Remember that your tenants are not your friends.  They have a business relationship with you.  That does not mean that you can’t send Holiday cards or throw parties for the multifamily community once in awhile.  But in the process of running your rental business, be firm and fair, attentive and respectful.

Smart Property Systems gives our subscribers the tools to be able to develop good relationships with tenants, members of associations, and owners of residential and commercial properties.  That is accomplished with automation of most repetitive tasks and by allowing all stakeholders in the business to easily communicate through the portals.  If you are not using software or are unhappy with your current software check out https://smartpropertysystems.com.

Submitted by: Timmi Ryerson
December 18 2015

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What To Look for in a Tenant Screening Report

If you follow our blogs (Problem Rental Solutions and Real Estate Asset Links) you have read how important we believe tenant screening is. So this article will tell you what you need to know about reading the Tenant Screening Report. You cannot request a credit report directly from a Credit Bureau.  You must use a portal to request a screening that the tenant approves and fills out before that report before it is sent to you.  Tenant Screening is built into the Smart Property Systems platform for your convenience. You order the report which generates an email to the prospective tenant and they log in and fill out the data. Once you get that report back, it is important to be able to understand what you are seeing.

First check the tenant’s credit Score. Some reports give a FICO score and some give a Vantage score.  The Fico score is that score given by the credit bureau which provided the report.  A Vantage score is a combination of all three FICO scores from the three main credit bureaus that serve the US.  Scores range from 300 (poor) to 850 (best).  Generally any score above 650 shows reasonable risk and indicates that the tenant will make regular rent payments. Scores below that level will put you on notice that you need to get more security deposit and or first and last month’s rent.

The report should be checked for a history of bankruptcy.  The report will also show payment history for any credit accounts where regular payments are expected.  Check for payments to credit cards or revolving credit accounts with merchants. If they are showing green or on time that shows that the applciant pays their obligations regularly. That will give you an idea of how this prospective tenant views payment obligations such as rent.

Personal injury claims and civil lawsuits are reported on some types of reports.  If the prospective tenant is local to your area, you can also check that history at your county courthouse. While you are at it, do verify employment and the amount of pay claimed on the application. If there is a previous landlord, call and check the tenant history.  Ask specific questions to be sure that you are not calling a friend of the prospective tenant and not the real landlord.  Previous landlords can be your best source of information when deciding to turn over your valuable property.

Eviction data is currently not very reliable. Even if the report says that no evictions have happened, it may not reflect the unknown data.  If the tenant was served with papers and moved before the eviction date, this information is not reported by the courts because the case was never heard.  Many jurisdictions do not report eviction data to the general public.  Credit and data bureaus are working hard to change this data void but it may take years to get a reliable eviction report.  You can check for evictions in the county in which you own property however in court records.

If you have ordered a report that gives you criminal history, be sure that it shows Felony, Sexual Predator and Homeland Security scans. If not, change your source of reporting. This information has become especially important in the past several years. I also recommend that the report inherently verifies Identity and Social Security number. (Yes, there have been reports of people using someone else’s social security number because they have bad credit.)

Your Application Fee should help you cover the cost of the tenant screening.  Typical Application Fees normally range from $30 to $70 and are payable when the application is submitted. In California there is a new law requiring you to show the tenant your charge for tenant screening.  (read this law).  This fee is to cover the cost of your time and screening and risk management for your properties.

If you decide not to rent to a person because of low credit scores or information you have received when doing your due diligence, you are required by law to provide that person with the name and address of the credit bureau or agency that reported  the negative information and or the reason for denial.  You must also inform this person that he has a right to obtain a copy of the credit report from that agency by contacting that agency within 60 days of being told that the application was rejected based on the individual’s credit report. (see article) Those forms are built into the library at Smart Property Systems and can be embedded with esign for your protection.

Tenant Screening well done can help you create a quality tenant mix for your properties.  You will have tenants who pay rent on time, care for the property and get along with neighbors. It is a necessary part of the tenanting process.

By: Timmi Ryerson, CEO
Smart Property Systems
smartpropertysystems.com

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