Q Our home inspector reported that three windows in our 9 year old house had fogging insulated panes, and he suggested that we contact the builder or manufacturer for warranty information. We contacted the manufacturer who sent a man out, but he said that only two of the windows were fogged. When we called the inspector, he said that insulated windows will fog only under certain conditions, and that we look at the windows at the same time of day that they were inspected. Is our inspector a bit foggy in the head?

A It has been my experience that insulated window panes, when the seal is broken, will fog only under certain conditions. The two pieces of glass in a double-pane window have an inert gas between them which is held in place by a seal. This thin space of gas is what allows the windows to slow down the transmission of heat or cold. When this seal is compromised, ordinary air is allowed to enter, and moisture may condense on the inside surfaces of the glass. These types of windows are most likely to fog on a winter morning a short time after the sun hits them. The outside of the window has been cold overnight, and the inside has been warm. When the sun hits the cold outer glass, moisture condenses and the foggy appearance occurs. A few hours later, as the temperatures stabilize, the fog may disappear altogether. In this case, the inspector was correct to suggest that the windows be inspected under the same conditions. In the case of your 9 year old house, your windows may still be under warranty. The earlier versions of insulated windows were somewhat prone to failure, but technology has steadily improved, and today’s windows are much more reliable. Warranties have gotten much better as well, so it you have foggy windows, check with the manufacturer to see if you can have them replaced under warranty.

Q. About six months ago we bought a new home and the builder provided a one year home warranty. Recently we discovered a defect, but when we contacted the builder, he said that because we did not discover the defect during the final walk-through that it would not be covered under the warranty. Is this common practice?

A. No, this is definitely not common practice. Most builders will repair defects that are found at any time during the warranty period, provided that they are covered by the terms of the warranty, and are obviously the fault of the builder. Read your warranty contract carefully to see if you are indeed bound by the condition your builder is citing. He may be counting on the fact that you have not thoroughly read the contract. In any event, you may want to seek the advice of an attorney. When inspecting a new home, I always advise my clients to discuss the terms of the home warranty with the builder before closing, and to make sure that they fully understand those terms and conditions.

You have a great idea of what you want to do but you just don't have the skills to implement it. Whether remodeling the kitchen, a spare room or adding on, some projects are better handled by professional contractors. However, make sure you do not get into an agreement with a contractor on impulse. Instead, picking a contractor should be a selective process that is well researched and prepared. This is not only a financial investment; this person (and their team) will be in your home and working with you on a project that may take days or, more likely, weeks to finish. A sound partnership is important. Below are some suggestions for planning out your partnership with a contractor. Also included are a checklist guide and contract example forms from our partner Lawchek®. All are helpful suggestions and tools before hiring any contractor.

Part I: Overview

The following points may help you in the process of hiring and working with a professional contractor.

Plan out your project.

Whether a full kitchen remodel or a new back patio, make sure to plan out your project in advance. You should know what materials you would like to use and what the end project will look like. If you are uncertain about various options, then consult an interior designer, landscape architect or architect. They can help take the ideas you have imagined and tell you how they can logically work. They can also help you create detailed plans of the project and a list of materials for its completion. Many times they will continue to work with you as the project is being completed as well. Having this type of plan in place before hiring a contractor is essential to ensure clear communication. If you start a project unsure of the final outcome you may cause delays and extra expense if you keep changing your mind. To have a large project planned in advance will help you to remain focused.

Determine the kind of contractor you need.

Will a general contractor be able to complete the whole project or will you need cabinet installer, plumber, electrician, etc.? Preplanning your project should help you answer some of these questions. You can be ready to interview contractors knowing that they either need experience in or will need to sub-contract certain aspects of your job. If they cannot do part of the project, will they expect you to hire a specialist (i.e. electrician) or do they have a partnership with one already established? Consider if they have previous experience with your type of project. Ask if they familiar with the architecture and age-specific concerns of your type of home. How have they met the challenges in the past?

Research any permits that may be necessary. With a plan from your architect or landscape architect in place you will now have an idea of how much you will be changing your home. You may ask these professionals as you work out your plan if the project will need building permits. You may also ask this to your contractor as well. However, keep in mind that although some contractors will handle the building permit process themselves as part of their contract, others may leave it up to the home owner. Some argue that only the contractor should handle building permits as this ensures they follow all codes. If you get the permit and the contractor does not follow the codes you may have a harder time seeking corrections by the contractor afterwards. As a first step, it will be very helpful to know whether you need a permit before even contacting a contractor. This is also key to avoiding any fraud. If you already know that your project requires a building permit but your contractor tells you not to worry about it, you have clear warning that this contractor may not follow local and state building codes, get someone else!

Consider the professionalism of your contractor.

This is the first basic step when looking at different contractors. Check and see how long they have been in business, if they are easy to talk to and if they are able to meet with your timetable expectations. Determine if all of their contact information is current. Also, look for a contractor that is easy to reach; if you are playing phone tag to obtain a quote it is a pretty good indication of what it will be like trying to contact them once your project is started! Find out if they are a member of any trade associations and stay current in their training. As an extra precaution, you may also want to research with the county if they have been named in any past law suits. Contact the Better Business Bureau, Attorney Generals Office, and local consumer protection agency to check on any past complaints.

Verify insurance and licence information.

Insurance: Always make sure the contractor is properly insured. You should receive a certificate of insurance from the insurance agency listing you as the co-insured. It should be original and not a photocopy. The types of insurance you are looking for: General/Personal Liability which will protect your property; Workman's Compensation which will cover the contractor(s) if they are injured while working on your property; and Automobile which will protect you against any claims if they damage another vehicle/object while on your property. All these will protect you from having your homeowner's insurance responsible for any mishaps or accidents that may happen. License: Not all contractors need a license in every state. Also, the cost of a project can sometimes determine if a contractor needs a license or not. In most states the more expensive the project, the more likely they need a license. A good online reference to find out about license requirements in your state may be found at Contractor's License Reference Site. If your state does require a license, make sure it is current.

Ask for references and call them! 

Ask potential contractors for references. Do not do any further business with contractors that refuse to supply references. The references should span both recent and older projects that are all similar to yours. If you are getting a kitchen remodel it doesn't make a lot of sense to talk to someone who had a new deck built. Once you have the contact information, do the most important step - call them! You may even see if they are willing to let you see the project first hand with the contractor or if they have photographs of its progress; your contractor may also have photographs available. Below are some sample questions to ask references:

• Are you pleased with the project result? When talking to references for older projects ask them how the craftsmanship has handled everyday wear and tear.
• Did the contractor stay on or close to schedule?
• Did the contractor stay on budget?
• Did the contractor follow the written contract? In hindsight, is there anything you would add to the contract?
• Was the contractor easy to talk to or reach when you had questions or concerns? Did the contractor stay on site to supervise his/her team?
• Did you get along with the contractor's team? The sub-contractors they used?
• Where you happy with how the contractor and his/her team treated your home and property? Any messes, etc.?
• If there were any corrections, was the contractor willing to make changes or did you have to place a formal request or hire someone else?
• Would you use this contractor again and/or recommend him to someone else?

Review estimates for differences and find out why.

Once you have three or more estimates begin to look at the differences. Why are some contractors lower or higher than others? Ask them to explain their estimate. For example, is an estimate lower because of different materials used and does this translate to difference in quality? Does one contractor have a larger team or expect to hire more sub-contractors? Is a contractor "saving you money" by cutting corners on safety, local regulations, etc.?

Create the contract.

Finally, the written contract you create with your contractor is extremely important. So much so that we have listed factors that should be considered for the contract in a separate section below. To review that section now, click here.

Part II: Checklist

The partnership with your contractor can be very rewarding experience if you make sure to plan ahead. With the items mentioned above in mind, we have compiled an easy to use checklist that will help you when reviewing various contractors for your job. We have listed the items below but you may also print out a PDF checklist by clicking here.

Hiring a Contractor Checklist:

• Where did I find the contractor? (Phonebook, Online, Friend/Family, Other)
• The contractor is licensed (if required) and registered as a business in this state.
• Contractor has all necessary insurance to complete the job safely. Including: Worker's Compensation, General/Personal Liability and Automotive.
• I researched any complaints with the Better Business Bureau, Attorney General’s Office and other local consumer protections agencies.
• This contractor does not have too many jobs and can fit my project within my time schedule.
• I obtained at least 3 references (from each contractor).
• I have called every reference and asked thorough questions.
• I reviewed at least one project site from the reference list in person.
• I have a detailed bid from this contractor. Including: describes all parts of project to be completed, estimated material cost, estimated labor cost, estimated time needed for completion.
• I understand everything in the bid and what that project will entail. I have asked for clarification on anything I do not understand.
• I understand the pricing.
• The contractor clearly lists the types of materials he expects to use.
• The contractor offers warranties on materials and craftsmanship.
• This contractor will obtain all necessary building permits.
• This contractor has provided a sample written contract of a previous project. I understand the wording of the contract and can easily see how to adopt a similar one for my project.
• This contractor is easy to talk to and has been easy to get a hold of for follow up questions.

Part III:

The Contract The written contract between you and your contractor should be taken very seriously as this will be the roadmap that both parties will use to ensure that everyone is kept on task and happy. The following items are highly suggested to be included into the contract. You may add and remove items as they pertain to your particular project or situation.

1. The contract should specify exactly what is expected to be done. Besides the project, any clean up, where materials will be unloaded, etc., should also be included.
2. Specify the dates for commencing and ending the project. It is also a good idea to detail what is expected if delays occur due to weather, material delays, etc.
3. Detail the materials to be used for the project and their cost; this includes brand names and other identification to make certain there is no confusion. Not recommended, but at the very least, detail an allowance specifically for materials with strict parameters.
4. The contract should detail the contractor's insurance clarifying that coverage is expected through his/her carrier.
5. It should be clear who is responsible for obtaining permits and what permits are required for completion of the job. Ideally permits will be obtained by the contractor.
6. Method of payment and payment schedule should be clear. Never pay for the entire job in advance! Depending on your state there may be a limit to your initial down payment. Usually it is enough to cover any special material costs and initial start of the project. There is usually an agreement to pay by interval as different stages of the project are reached. Again, detail this in the contract. Once written, make certain you both understand the payment terms before either of you sign.
7. Any warranties provided by the contractor should be detailed in the contract. Identify if they are full or limited warranties and describe exactly what they will and will not cover. If warranties include manufactures, make sure all of their contact information is included in the contract as well.
8. Finally, a method for dispute resolution should be included in your contract. This should detail how each party should be notified of any grievances. The best means would be mediation or arbitration as this can save you both money. However, if a problem does arise make certain every notice of a problem(s) is done in writing so you have record of your attempts at solving the problem.

As a general rule, be as detailed about the project and all expectations as possible. We have included some sample contracts from our partner site Lawchek®. These are only samples and should be reviewed and changed to fit individual project needs.

• Subcontractor Performance Agreement for Residential Construction
• Deadline Extension Amendment

This reference should answer basic questions. The questions recited on these pages are the more commonly asked questions of attorneys when a client first makes contact for the purpose of a better understanding of real estate legal matters. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted. "This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2006 byLAWCHEK, LTD."

Perhaps you inherited property or purchased property as a new investment and now you are contemplating becoming a landlord. If you decide to rent an extra piece of property, you should know some ground rules. In this months article, 'How to be a Good Landlord,' we will discuss some of the basics that every landlord should know. We will discuss what it takes to be a landlord, what makes a good rental property, what are your responsibilities as a landlord, how to advertise your property, how to avoid legal pitfalls and how to evict a tenant if the relationship deteriorates. Overall, this is a short list, hopefully it will help you start with a little more direction and know-how.

Do you have what it takes to be a landlord?

The decision to become a landlord should not be taken lightly. Contrary to popular belief, this is not the type of job where you just sit back and watch the cash flow in. Regardless of the challenges, more than half of landlords are self-employed. Doing it yourself will mean you take on the responsibilities of a small business owner. You need to have great communication skills. You will be working with all types of people; sometimes even the difficult ones. Being an effective communicator in person and in writing is vital. You are an accountant. This includes everything from rent payments and deposits to repair and maintenance costs. You are a manager. You may have staff to train and watch over. Their professional behavior reflects upon you and your property. If they are inconsistent with your policies they can damage your business or even get you into legal trouble. You may also need to contract repair or maintenance jobs you cannot complete on your own. You will need to project manage these items through to completion. You are a marketing director. Getting your place advertised and your units filled is an ongoing challenge. Advertising also includes many legal regulations that you should know (more on this below). Your knowledge of this business should also include legal knowledge. Consulting a lawyer is recommended for anyone starting as a landlord, especially since every state has specialized landlord/tenant laws. But in addition to this, you will be responsible in making sure any staff or contractors you use also know the laws when working with tenants. You should be dedicated and patient. Being a landlord is a tough road to start. You should be prepared for hard work with a slow, trickle-in type of income, especially at the beginning. On average, a landlord should only expect about a 10% profit annually. The rest of the monies will be recycled into items such as mortgage payments, taxes, repairs, management costs, insurance, advertising and a rainy day fund (to name a few). There are tax breaks available to landlords, however, these are not enough to turn your profit margins sky-high. These qualities listed above will help you become a great landlord.

Perhaps there is a trait above that gives you pause. "I really don't want to manage all the accounting." or "I don't want to live onsite or nearby." All is not lost. You can hire a property manager. Doing so will cost you about 10%/month of any monies the property takes in. However, it can be a wonderful way to manage your business. When looking for a project manager, treat it like any other contracted service. Perform rigorous interviews, check references and make sure you have the same ideas about responsibilities of each party. Find out if they are insured, if they already have working contracts with maintenance and repair companies, and if they charge any extra fees for these contacts. Once you decide on a property manager, be certain to create a detailed contract covering all responsibilities. As with any of your other endeavors with your rental property, keep all your records and agreements in writing! Other professionals you may use to help manage your property include accountants, maintenance specialists, marketing directors and lawyers. Of course all of these will eat into your profit, but be honest with yourself and utilize these people when you need them. You can save yourself headaches down the road if you strengthen any weaknesses at the beginning.

What makes a good rental property?

When purchasing a rental property, there are some important questions to ask:

Do you have a enough for a down payment? Because rental property is viewed by lenders as a higher risk, you may be asked to put as much as 25-40% down on the property. Lenders calculate about 75% of your mortgage payment will come from renters. This leaves you with 25% to make up and even more if you cannot rent all the units. They may give you the option for a lower down payment at a higher interest rate. However, the higher interest rate may defeat any benefits.

Could you live on the property? If you use one of the units as your own residence this will help lower the risk factor for lenders. Lenders can offer a lower down payment and you can learn the ropes of being a landlord without being far from your investment.

Can you get the rent you need for the mortgage? Take a look at the neighborhood and compare the rental costs. Your rental rate needed to cover mortgage should not be too far above the market or you will lose your ability to rent units. - If you inherited or already own the property, you should consider if you can meet current mortgage payments. It may be more beneficial to sell the owned/inherited property and reinvest in another neighborhood.

Is the building up to code? Make sure to hire a home/building inspector before purchasing the property. Make sure the inspector is aware that you hope to rent the place as this may change some safety and code requirements. Take time to make yourself familiar with codes for your locality. This will help you ask better questions and understand any improvements you may need to make.

Is the property maintained? At first you may think it won't be a problem to repaint, re-roof, update the wiring and plumbing, etc. until your list becomes too long for the investment to be worthwhile. Again, hire a home inspector and make certain you know what needs repair and the estimated cost of repairs before you buy.

Is the property secure? Review reports on neighborhood safety. Check for ample lighting, especially at entrances and in parking areas. Make sure windows and doors are solid. Consider the cost to change all the locks and add window locks. Think about the security of your tenants in the property.

What are the responsibilities of a landlord?

Let's assume you are going to take on most of the business yourself and have found a wonderful property to rent. Now, what are some of the responsibilities you have as a landlord?

Tenant Screening: Your first interaction with possible tenants will be the background check that includes a financial review and calling references. Overall, you must perform background checks fairly. You should not do the check on one person and not on the other as this favoritism, or "trusting your gut feeling," is a disservice to all involved. You owe it to yourself, possible tenants and current tenants to perform fair background checks. For yourself, you can avoid headaches with tenants that don't pay the rent or have caused problems, such as costly repairs, in the past. For possible tenants, you may be providing that reality check - can they really afford your rental? For your current tenants, consistent background checks let them know you are looking after your investment giving them a sense of security. On average, working with an agency, this will cost you about $20 per check; an investment well worth the cost.

Clear, Consistent Communication: To avoid any misunderstandings, make sure all your interactions with tenants are clear.

• HAVE A CONTRACT! Make sure you supply the tenant with a copy of the contract so they may reference it if any questions arise. Review the contract with a renewing tenant and discuss any questions they may have over the language or meaning.
• Collect rent on a schedule. Keeping consistency with your tenants is imperative. If you are too lax one month, you may have a hard time collecting rent the next month. Or, if you are lax with one renter and not another you can create tension or even a legal issue.
• Always provide written notice before entering a tenants space. This varies from state to state. However, for good business practice and common curtsey, let the tenant know when you need to enter the property they call home.
• Use signs, flyers or other WRITTEN communication to inform tenants of policies and policy changes. Provide all tenants with copies and/or make clear postings around the complex.
• Serve notices and warnings in writing. Verbal notices will not protect you if a situation deteriorates. Make certain to give your notices in writing and make yourself available for questions or discussion. Serving a notice and then disappearing from sight does not offer clear communication and can aggravate a situation!

Provide a Safe and Maintained Environment: Every landlord should offer tenants a living space that is up to code, safe for habitation and in working order. Even if you decide to contract out maintenance services, you should provide your tenants with repairs in a reasonable amount of time. Make good relationships with contractors that understand the nature of the work and are willing to come out after normal working hours. Save money for a rainy day so you can pay for emergency repairs when they arise. Maintaining the property will encourage tenants to take pride in their home and maintain their surroundings. Also, strive to make your tenants safe. You cannot control all conditions. However, changing locks, providing ample lighting for parking and having emergency procedures written and distributed are a few of the ways you can keep your tenants safe.

How do you advertise a rental property?

Advertising a rental property is important for getting units filled. Today you can use everything from word of mouth to online sites to advertise your property. In larger cities, you may even use "finding agencies" or real estate agents/brokers to advertise. When advertising your property, keep a clear list of amenities and useful services in the neighborhood. When composing your advertisement you must watch your wording as you cannot exclude any demographic. There are many federal laws/protections that regulate how you advertise your rental. The fair housing laws make it illegal "To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." (Source: U.S. Code Collection - Cornell University Law School). In addition to this clause, many states and cities may also prohibit discrimination based on marital status and sexual orientation. Most landlords have good intentions to rent to all qualified tenants. However, there are certain ways of wording advertisements which may be perceived as discriminatory. For this reason, you should carefully choose your wording when advertising your rental property. Avoid words and phrases such as: prefer, suitable for, ideal for, ethnic neighborhood [or other cultural identifiers]. For a good list, take a look at the Pennsylvanian Human Relations Commission's Reading Between the Lines: A guide for housing and commercial property advertisements as they include a list of terms to avoid. Another resource for examples is the Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act by the US Department of Housing and Urban Development. Keep in mind this good rule of thumb: always describe property, never describe people.

What are some legal pitfalls to avoid?

There are a lot of legal concerns when renting out property. As we have seen, the law influences advertisements of rentals. In addition to this, you create a contract agreement with your tenants every time you rent. Therefore, it is important to have sound legal advice as a landlord. Establish a relationship with a lawyer who you may hire for any contract questions or possible representation. No one ever wants anything to get as far as a lawsuit. So here are some ways to avoid legal pitfalls in the first place:

• Always perform background checks with every possible tenant.
• Call tenant references.
• Treat every tenant the same in process; never cut a corner for one tenant because of a "gut feeling" or personal relationship.
• Keep all notices in writing. 
• Keep all due dates consistent from month to month and from tenant to tenant. 
• Always perform background checks on any staff.
• Make certain all staff are trained. They should know what they can and cannot do for tenants. If they are handling rental paperwork or advertising, they should know fair housing laws.
• If you contract out maintenance work, make certain they treat your tenants professionally. Although they don't work for you full time, they do represent you since you hired them.
• Keep housing up to code and safe for living.
• Investigate any complaints against your staff immediately.
• If a situation arises, consult a lawyer. Know how to legally proceed before taking any action.

How do you evict a tenant?

Evicting a tenant is one thing all landlords would rather avoid. However, sometimes circumstances deteriorate and eviction is the only feasible solution. If you have tried open communication but cannot get the tenant to pay rent or obey rules of the property it may be time to start the eviction process. The rules behind evicting a tenant vary from state to state. It is therefore imperative you discuss your options with a lawyer. Indeed, for the best security, you may want to do the whole eviction process through your lawyer. Regardless of the ups and downs involved with evicting a tenant, make certain to always maintain a professional decorum. Do not allow personal emotions to collide as this can only lead to further legal issues. Keep all of you requests in writing. The first step to any eviction is to send a written notice for them to pay back rent, fix problem behavior or move out. For example, in some states you may send a Demand for Rent or Notice to Quit form to a tenant who is behind rent payments. Or you may send a Notice to Cure Breach of Lease to inform the tenant that they must fix behavior that is contrary to your rental agreement. A Notice Regarding Termination of Lease may be used in some states when there is no chance for reconciliation. For example, the tenant is involved in illegal activity on the premises such as drug trafficking. If problems have not be rectified after notices have been given, then a suit is filed against the tenant. Upon winning this, it is law enforcement personnel who deliver written notice when the tenant may remove their items from the premises. You should never remove a tenant's items yourself. Using the police will ensure that you cannot be accused of taking or damaging any of the tenant's property. Essentially, make certain to obtain legal advice, serve warning notices required by your state, keep all notices and communication in writing and use local law enforcement to help keep you protected from any accusations of unfairness.

None of the above is a substitute for legal advice. An attorney should be consulted.

FREE Rental Agreement Forms

In cooperation with our partners at Lawchek® and Lawsonline™, Homecheck is pleased to provide a sample Rental Agreement Forms for FREE. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted.

• Blank Rental Agreement Form Example Rental Agreement Form
• Blank Apartment Lease
• Blank Notice to Quit "

This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2008 by LAWCHEK, LTD."

Resourceful Links

Fair Housing by CivilRights.org
www.fairhousinglaw.org 
The Fair Housing National Multimedia Campaign is designed to increase public awareness of the Fair Housing Act and its protections, encourage the reporting of fair housing discrimination to the appropriate agencies, and provide information and resources to help communities and institutions support individuals and families who exercise their fair housing rights.

Landlord.com
www.landlord.com
In early 1998 the decision was made to spin Landlord.com off as a separate entity, dedicated to providing services to landlords and other real estate professionals on-line.

National Fair Housing Advocate Online
www.fairhousing.com
The National Fair Housing Advocate Online is a resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination. Find local organizations to help with any Fair Housing questions: http://www.fairhousing.com/index.cfm?method=agency.search

National Fair Housing Alliance
The National Fair Housing Alliance (NFHA) is the only national organization dedicated solely to ending discrimination in housing.

US Department of Housing - Home & Communities
www.hud.gov/offices/fheo/
The Office of Fair Housing and Equal Opportunity (FHEO) administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice. We can help you with your housing discrimination problem. If you feel your rights have been violated, let us know.

US Department of Justice - Fair Housing Act
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: race or color, religion, sex, national origin, familial status, or disability.

Many of us obtain our homeowners insurance when we purchase our home. After this initial purchase, we do not give this insurance another thought. It is not until the roof is damaged during a violent thunderstorm, a major appliance fails and floods our basement, or the neighbor's kid slips and fractures their wrist in our living room that we dust off the policy and ask ourselves, "Am I covered for this?" Don't wait until damage or an accident happens to discover what your insurance policy covers. Instead, you should have a good idea of what you are covered for and what is not included. Every year you should assess if your coverage should increase or if there is any optional coverage you may want to add. The purpose of this article is to point out some general characteristics of homeowners insurance and help in determining if you have the right coverage. Obviously this cannot substitute for a consultation with your insurance provider, but it will give you a better idea of what questions to ask. Image of home, crutches and turning road sign.

There are five popular topics concerning homeowners insurance that we will discuss below: types of damage covered, determining replacement cost, determining personal property value, understanding liability coverage, and ways to save money on your policy.

Homeowner insurance policies typically cover damages such as: fire and smoke damage, storm damage (i.e. lightening, wind, hail, ice and snow), water damage (other than flooding as this is separate), explosion, vandalism, theft (some companies are now offering an identity theft coverage option as well), civil unrest, and damage by aircraft and vehicles. You should discuss with your insurance provider any additional hazards you may face in your location such as earthquakes or floods. There may also be hazards you are not immediately aware of that could effect your insurance cost such as your neighborhood crime rate or if you own a Flood damage is not covered by homeowner insurance. The National Flood Insurance Program is a partnership between FEMA and isnurance companies that offers coverage. Click here for more.pet that is considered to be a high liability risk (i.e. certain breeds of dogs). Depending on the probability of need, you may be required to get additional coverage for these hazards by your insurance carrier and/or mortgage lender. To find out about special hazards in your area, talk with your insurance provider or contact your state insurance commissioner. If you run a home business, you will need to get separate insurance to cover business items such as computers and liability, i.e. if you run a daycare, your standard homeowners will not cover any accidents. Other items that are not covered by your homeowners insurance but may be covered by additional or alternate policies are: tenants, multiple family dwellings, land, theft by those covered in your insurance policy (i.e. recently separated spouses), and cars. Take a look at your policy and review your coverage. Consider how you use your home or where your home is located. Do you need additional or special coverage? This is a question you should review every year.

When choosing a policy, it is important that you consider the replacement cost of your home. The replacement cost is the amount it would take to replace your home. Replacement cost is not the same as the market value of your home as the market value includes the property it stands on and the current housing market. Because of this, it may not be equal to your outstanding mortgage. You can get estimates for replacement cost from appraisers, your local builder/craftsmen association or your insurance agent. Once you have determined how much your home replacement cost should be, you should review it and make any needed adjustments every Condos usually have a Master Policy that covers liability and property for common grounds. Individual policies then supplement personal property, liability and immediate structure.year. Most insurance companies will include an increase of coverage every year to match inflation. However, other items may also require you to adjust your replacement cost. Major remodels to your kitchen or bathroom or room additions can drastically effect the replacement cost of your home. If you use special materials or there is a housing boom making building materials scarce in your area, these too may affect your replacement cost. Another item that may effect your replacement cost is the change in building codes since when the house was built. Even with partial damage, it may be necessary to take the whole area/structure down to bring it up to code. If you own an older home, you should definitely discuss this with your agent. You may also get an extended replacement policy that will help you if your replacement coverage is below what you need. However, it is more economical if you take the time to review your policy and change your replacement cost coverage each year. Finally, keep in mind your policy should also include coverage for living expenses while the home is rebuilt or repaired. With the structure insured for major repairs, you can now consider your possessions.

Determining the personal property value depends on how much time the homeowner wants to invest in itemizing their property. Traditionally, most homeowners are covered at 50% of their home's value to cover personal property. Some pay a bit extra and get 75% of the homes value. Replacement costs like this cover like items, not necessarily the same make and model. You can also make an itemized actual cash value list that will cover items' actual cost minus depreciation. Many opt for percentage replacement coverage and then add a "floater" that will cover individual inventoried items. Major items should be inventoried with make, model, original cost, and documentation by picture or video. Items like jewelry and antiques should also have an appraisal. The documentation of these items should be kept in a secure location like a safe deposit box or a fireproof safe. Even if you opt for the general 50% coverage, you should have a list of your most valued possessions in case theft as this may help in tracking the items down (see more in our Home Security article).

Liability coverage protects you, your family, house guests and pets if they should accidentally hurt someone on your property or hurt someone or damage property elsewhere. On average, liability insurance usually covers up to $100,000 per incident. However, with lawyer and medical costs high these days, many homeowners also add an umbrella which allows for greater coverage at reasonable rates. Although most think of medical coverage as part of their liability coverage, it is actually categorized separate from liability because it pays for minor injuries that do not need to prove fault or negligence to be covered. An example would be someone twisting their ankle at your home. Liability is an important coverage that you will want to discuss with your agent.

Finally, there are a few things you may do to ease the cost of homeowners insurance. One way to lower your overall insurance cost is if you know you can take a higher deductible. If you can pay $500-1000 instead of $300 for each instance, this will lower your premium. Some decide to do this as the probability is that they will not claim or use the insurance very often. In addition to this, you may also pay your premium in larger and fewer payments. Another method to lower costs is to itemize your insurance to only the hazards you think most probable to happen. However, this option may not be available if you still owe a mortgage as the mortgage company may want more inclusive coverage. Also, you may check and see if there are any improvements you make to the home that may reduce your premium. Installing a home security system for example. Finally, combining policies with one carrier will also help you get lower premiums. If you combine your home, auto and life insurance policies, many companies will give you a preferred rate. Talk with your agent for further ways you may able to save money but maintain sound coverage on your home.

Conclusion
     There are a lot of options for your homeowner's insurance policy.  When setting up a policy, shop around and talk to different insurance companies to find one that works well with you.  Find out if they have a good reputation with the state insurance commissioner and consumer reports.  Find one that is fast, offers great service and handles claims fairly (you don't want to end up with a company that argues every claim).  Hopefully this overview has helped equip you with a better idea of the coverage you may need for your home.  You should have a better idea what to look for in a policy when you contact an agent to set up your homeowner's insurance.

More Resources

Household Checklist

There are a number of checklists available online; many are available from individual insurance providers. We found the following booklet from the University of Illinois to be the most comprehensive. www.ag.uiuc.edu/%7Evista/abstracts/ahouseinv.html

Household Papers/Records:
Taken from our earlier article about Home Security, here again is a checklist of important papers you should safeguard and how long you should keep them:
- Keep in Safe Deposit Box/Fireproof Safe: Birth certificates, marriage certificates, divorce legal papers, adoption papers, citizenship records, and other documents that are government or court related. A copy of a will, although your attorney will keep the original. Investment and business papers, government bonds, deeds, titles and copyrights to name a few more. General rule is, "Put it in if you can't replace it or if it would be costly or troublesome to replace."
- Taxes: IRS can audit up to 6 years back. However, you can get rid of pay stubs if you have your W2. Cancelled checks you will want to keep if they are related to anything you claimed on your tax return.
- Medical Bills: Keep at least 3 years.
- Household Inventory: You should have a comprehensive list for each room and what of importance is in there. This will help you claim losses in event of burglary or fire. The details of this list should be shared with your insurance carrier to make sure of coverage. It is recommended that you review this list once every 6 months.
- Deposit, ATM, Credit Card and Debit Card Receipts: Save them until the transaction appears on your statement and you've verified that the information is accurate. Then they may be shredded.
- Credit Card Statements: If there are not purchases related to taxes you may shred them once every year. However, if you have larger purchases on the card you may want to keep hold of these older statements. Special Note: Credit Card Agreements should be kept as long as the card is active!
- Loan Agreements: Keep as long as the loan is active.
- Documentation of Stocks, Bonds nd Other Investments: Keep while you own the investment and then 7 years after that.

Useful Links

National Association of Insurance Commissioners
www.naic.org FEMA: Homeowners and Renters www.fema.gov/individual/home.shtm

According to the FBI, burglaries occur every 15.4 seconds in the United States (Crime Doctor). Home security is important as not only is our home one of our biggest investments but having good home security provides peace of mind about protecting our family and possessions. As the popular show on the Discovery Channel, It Takes a Thief, illustrates, many of us take our security for granted. Many times the families on the show believe their current security is all they need. There is a belief that burglaries happen to "someone else." Or, if one is robbed, it is just the result of "chance" and there is little that can be done about it. This show provides an entertaining wakeup call about home security. The threat to our inner sanctum and lifetime of possessions is very real. This article will take a look at the ways you can protect your home. We should note that one of the most common answers is a security system. A standard security system comes with a control panel (with panic button), 3-4 sensor zones, a siren and 24 hour monitoring. These systems can be hardwired (usually when the home is being constructed) or wireless. Some of these systems are so advanced you can even monitor your home when on vacation through the internet! The cost and amount of "bells and whistles" you get will depend on the size of your home, neighborhood, entry points and other varying factors. For a real idea of a professional security system that is right for you, check with professionals in your area. For this article we will be concentrating on some of the common sense and easy to add options you can do to protect your home. Some professional security providers are listed in the links that follow the article but will play a relatively small role in the article itself. Before we begin to look at what measures we can take, let us look at some statistics from the FBI about home burglary:

• Burglary is the unlawful entry of a structure to commit a felony or a theft. A person can be convicted of burglary even if nothing was actually stolen.
• A burglary occurs approximately every 15 seconds in the United States.
• On average, a burglary results in a dollar loss of about $1,600.
• About 30 percent of all burglaries are classified as "unlawful entry," meaning the burglar was able to gain entry without using force — often through an unlocked door or window.
• Nearly 66 percent of all burglaries are residential, and of those, 62 percent occur during the daytime. Most burglaries occur between 9 a.m. and 3 p.m., when no one is likely to be at home.
• Renters are more likely to be the victims of property crime than homeowners.
• Only 13 percent of reported burglaries are solved, or "cleared," by the police.
• Only about 15 percent of property stolen in burglaries is recovered by the police.
• Nearly 85 percent of all burglaries occur in large metropolitan areas.
• Almost half of the nation's reported burglaries occur in the South: 45 percent, as opposed to the Northeast's 11, the Midwest's 20 and the West's 24.
• The highest percentage of burglaries occur during the summer months of July and August, when many people are away from their homes on vacation, or have left windows open for ventilation.
• Arrest records reported to the FBI indicate that approximately 70 percent of all burglary arrestees are white and 86 percent are male.
• About 30 percent of private homes have security systems. Homes without security systems are two to three times more likely to be broken into.

Summarized by It Takes a Thief Site (more recent summary at FBI site http://www.fbi.gov/ucr/cius_04/documents/CIUS2004.pdf)

Now that we have your attention, let's look at some ways you can improve your home security; let's start by examining the exterior of the home.

Part I: The Exterior

There is a beautiful home sitting at the end of a long drive. There is only one front light on. All appears quiet and unoccupied. Large bushes cover the view of the side of the home from the road. The neighbor's house behind is equally dark and barely viewed between the fence, bushes and trees. I think you are getting the idea. This example house almost provides a written invitation to would be burglars. The exterior of your home can tell a potential thief a lot. Many times, just by observing from the outside, they can see if the home is occupied, find weak entry points and determine if they can use hidden nooks to work unnoticed. Sometimes our desire for privacy creates little pockets like this for the thief to work. There are many things you can do to the exterior of your home to make it more foreboding and hard to crack for would be burglars. Make certain the exterior of your home is well lit and consider monitoring it by video or surveillance. One of the most vulnerable homes, is the dark ones. An easy and inexpensive deterrent is to add motion sensor lights to your driveway and doors. Keep all entrances well lit, both front and back. You may want to keep the back on a sensor light, which is a fine alternative to having a light on all night. As lighting should be considered for any exit from your home, this includes the garage. Make sure your garage light switch is on the inside of the house. You never want to have to enter a dark garage to turn a light on! After you have the lighting arranged you may also want to consider extra video surveillance. This is especially the case if you have a large property, very private property or are gone often. Make sure the central recording device is locked up so thieves cannot take it with them! Many of the surveillance systems these days will let you view the outside of your home easily so you may also use them to see who is at the door when you are at home. You may also choose to have sound notification of someone approaching your home. A wireless annunciator notifies you whenever someone comes within up to 50 feet of your driveway or entranceway. This additional light and surveillance will help keep the perimeter of your home safer.

Make sure your home is not helpful to the burglar either as many times our conveniences can also be theirs. Unsecured tools such as ladders can help burglars break into your home! Your garage should be secure and tools locked. This means deadbolts on any garage doorways. The garage is a favorite entry point so you should consider keeping your car locked with the alarm on, even when in the garage. And if you park your car outside of your garage, never leave the garage door opener in the car! Again, our desire for privacy may also create hidden nooks for burglars to hide and work. Make sure to trim plants so they do not completely cover windows and doors. In fact you may even want to consider planting really thorny and prickly plants next to windows as they can act as an additional deterrent. Any signs/plaques you put on your home should also be considered. It is a great idea to have reflective numbers on your home for easy spotting during an emergency. However, do not have your name displayed as it is helpful for a burglar to look you up in the directory and call your house to see if anyone is home. Also, don't give burglars an idea of what is in your home. Whenever you make a large purchase don't advertise it to the neighborhood. For example if you buy a new computer don't leave the empty boxes on the curbside for disposal. Instead break the boxes down to keep what was inside a mystery. You should also use window treatments or keep expensive items out of view from the window. You don't want to have curtains closed all the time as this only gives the impression of the home being unoccupied (and not to mention downright dreary). But curtain sheers and strategic placement of objects in the room can minimize what people can see from the outside. Finally, never leave keys in hidden places around the house as this is just an easy invitation to burglars. Either leave a spare key with a neighbor or purchase a combination lock that holds your key safely for you. Combination keyless entry locks are also becoming more popular; if you forget your keys a lot, forget to lock the door, or have so many family members/roommates going in and out, this may be a great solution. These are just a few ways to help prevent easy access to your home.

So now Mr. Burglar has dodged your motion cameras and surveillance and brought his own nifty tools - what can you do? You should have strong doors and windows that will continue to work against the burglar. Make sure your exterior doors are solid-core. If you have glass doors they should be double paned with heavy duty laminate. If you do not have a double pane, a security grill will help. Locks are important, you should have locks on all the windows and double locks on all entry doors. Deadbolts (with removable key for fire) are a must. You can also have a chain lock added if you don't have a peep hole. However, these are not fullproof and a peephole is a much better investment. You may also use wooden dowels in glass sliding doors and windows that have broken locks. This should only be a temporary fix - replace these locks or install locks as soon as your able. Also, always keep your doors locked, even when you are home. Do not keep the back patio or balcony doors unlocked and open. This is a favorite entry point for would be thieves! Make sure your windows are secure and replace any broken windows as soon as possible. You should have security bars placed over basement windows as these are easily kicked in. Also place bars over removable air conditioning units setting outside of your windows as these can be weak points as well. Another possible cheap help for your windows is window film. It makes windows more shatter resistant and can prevent easy "window shopping" by burglars. Finally, when purchasing a new home or renting a new place replace the locks or request that the locks are replaced. It is not that the previous owners are bad people. You just can't be sure if they ever lost a key, lent it to someone and never got it back, etc. In these ways you can make all your entry points, both doors and windows, difficult to open. These are just some of the many ways you can help protect your home. Installing exterior lights and surveillance will help deter burglars from approaching. Making sure you do not leave helpful tools, hiding places, personal information, easy view of possessions or spare keys lying around will make life for the burglar more difficult. And if you make sure all your doors and window are in good repair and locked he may just give up and walk further down the street. But what happens if they do get in your home? There are many more security measures you can take for the interior of your home as well.

Part II: The Interior

Once a burglar has entered your home they usually have the privacy to search for and take what they want. They will still want to be in and out of your house as quick as possible, so the more secure your valuables are, the more likely they will leave them and move on. Remember, they have breached into the inner sanctum of your home and everything you leave out and accessible is theirs for the taking! What follows are some more ways to deter burglars and prevent them from walking off with all of your possessions. There various interior alarm systems that may still help to scare the burglar off. A wireless or hardwired alarm system can be a great way to alert a monitor if a doorway is breached or a window opened. Many systems can also detect if someone over a certain weight is moving about the home when the system is on. Turning on the alarm system is the greatest problem for most users. But once it becomes a habit the security it provides is priceless. To invest in a home alarm system in this way can be very beneficial but should not be taken lightly as these are often extended contracts. If you do decide on contracting with a security company, make sure to do your research. Some items you should know are: how long they have been around; are they licensed, bonded and insured; do they do background checks on their employees; where do they monitor the house from - is it local; is the equipment leased or purchased outright; what is the warranty and coverage; what are the monthly monitoring costs and are they at a fixed rate? Finally, dogs are a "natural alarm" whose gruff bark can scare off some would be thieves, but they are not full proof. Many dogs become nervous in the event of a break in and may not respond the way they would if you were at home. Guard dog training is usually available in your area, but these programs stress, and we must stress, that the training should be a major commitment - your dog needs to listen to you and only be aggressive on command! If they get past the security system then you want to be sure your possessions are safe. Keeping your possessions safe can be easily done with the use of secured safes and lock boxes. Homes should have a safe or you should have a safety deposit box to keep important documents safe. Any safe should be bolted down to the floor and have a fire resistant rating equivalent to the heat of a fire expected for a home your size (Examples of UL (Underwriters Laboratories) ratings are: Class C will keep paper documents safe up to 1 hour up to 1700°F, Class B will keep them safe up to 2 hours at 1850°F and Class A will keep them safe up to 4 hours at 2000°F). Do make certain your safe is bolted to the structure of your home. Otherwise burglars will just take the whole thing with them to break into later. What should the safe contain? Keep all important documents such as birth certificates, passports, marriage certificates, legal papers, receipts for large purchases, loans, investment documents, deeds and titles, to name a few. You should also keep unused credit cards locked away. This should include statement information so a thief does not try to open a new account with a stolen statement. Finally, any jewelry, watches or small expensive items should be locked away. Now that you have everything in the safe do not forget to lock it! Surprisingly many people who own safes will leave them open for easy access - this rather defeats the purpose if your home is burglarized! Finally consider a small wall safe for your car and spare house keys. If you leave your spare keys lying around the house, don't be supervised if the burglar takes your car as well! Keep anything that would be difficult or impossible to replace locked up.

Finally, give some consideration as to what to do if, after your best efforts, possessions are taken from your home. Large items such as stereos and TVs can be marked by you for identification purposes. However, never engrave you SSN in expensive items. Instead, engrave these possessions with your Driver's Licence Number or consider marking them with an invisible pen. In the event of a burglary (or fire) you should have a clear idea of what was lost. Keep a compiled list of your possessions in a lock box or fire proof safe. It will make the list even stronger if you supplement it with photos, videos and serial numbers of the possessions. Any family heirlooms should be appraised, photographed and included on this list. Make sure the insurance company is aware of everything on this list so you are covered for the full worth of your loss. The FDIC recommends updating a detailed list of possessions in each room once every 6 months. Understand that once items are stolen, it may not be possible for the police to recover them, even if the burglars are caught. So make every effort to keep these items locked up! Once a burglar is inside your home you want to make sure they do not have an easy time taking away your possessions. Having a monitored alarm system of some type will help deter the burglars from staying. Dogs might even help convince intruders to leave. Make sure your possessions are locked up. This is everything from jewelry and car keys to important documents. If items are taken make sure you have a detailed list of what you owned so insurance can cover the financial lost. Also this will give you a better chance of tracking down the stolen items. Marking large items may help with this as well. Overall, make sure you secure what you cannot replace!

Conclusion

Everyone thinks burglary will not happen to them, or it is only determined by chance or one's neighborhood. But that is not the case and taking time to review your home's security is a good investment. There are many great ways you can protect your home and property from burglars. Tactics from installing exterior lights and surveillance to making sure you do not leave helpful tools, hiding places, etc. will make life for the burglar more difficult. Keep your doors and windows locked and alarm system armed. If they do get in your home make sure you have your valuables locked in a safe or lock box. Keep a list of your valuables and mark them if you can so you may have a better chance of getting items returned. Below are additional links for information on the web about home security and general home safety.

Do not wait for it to happen, take some time today to take a few small steps to better home security. Quick checklist of items to check around the home.

Emergency Preparedness:

Update your emergency contact lists. Numbers change! Make sure to have an out of state contact set up in case of natural disasters such as earthquakes and hurricanes. - Review emergency plans with everyone in your home. Make sure everyone knows what to do if there is a fire, break in, earthquake, major storm or other emergency. If you do not have emergency plans make it your New Year's resolution to make them! - Examine your emergency kits. Make sure first aid products are still good and stocked. Check extra stores of food and water for replacement. If you do not have emergency kits, make a point to create or buy them.

Household Papers/Records: 
Update your protected files. You'll be doing taxes anyway, so it is a good time to review which documents you are keeping and which need to be shredded. Here are some suggested documents to keep and how long to keept them: 
- Keep in Safe Deposit Box/Fireproof Safe: Birth certificates, marriage certificates, divorce legal papers, adoption papers, citizenship records, and other documents that are government or court related. A copy of a will, although your attorney will keep the original. Investment and business papers, government bonds, deeds, titles and copyrights to name a few more. General rule is, "Put it in if you can't replace it or if it would be costly or troublesome to replace." 
- Taxes: IRS can audit up to 6 years back. However, you can get rid of pay stubs if you have your W2. Cancelled checks you will want to keep if they are related to anything you claimed on your tax return. - Medical Bills: Keep at least 3 years. - Household Inventory: You should have a comprehensive list for each room and what of importance is in there. This will help you claim losses in event of burglary or fire. The details of this list should be shared with your insurance carrier to make sure of coverage. It is recommended that you review this list once every 6 months. - Deposit, ATM, Credit Card and Debit Card Receipts: Save them until the transaction appears on your statement and you've verified that the information is accurate. Then they may be shredded. - Credit Card Statements: If there are not purchases related to taxes you may shred them once every year. However, if you have larger purchases on the card you may want to keep hold of these older statements. Special Note: Credit Card Agreements should be kept as long as the card is active! - Loan Agreements: Keep as long as the loan is active. - Documentation of Stocks, Bonds nd Other Investments: Keep while you own the investment and then 7 years after that. Household Health & Safety: - Determine if homes built at the same time or are in the same condition as yours are susceptible to lead, radon, asbestos, mold or carbon monoxide problems. If so consider it a New Year's resolution to get your home tested. - Review your medications and vitamins/supplements. Properly dispose of any expired items. Many of these items have such a long shelf life that we often forget to throw them away when we should! Also, make sure they are properly stored and out of reach of children. House Maintenance: - Change the batteries in your fire alarm and CO alarms. Test both. (In reality they should be tested once a month!) If you don't have a CO alarm, now is the time to get one; there should be one in a central location outside each sleeping area. - Check all outdoor lighting. Get bulbs replaced - we all can forget about the garage sidelight. - If you are in a snow area you should be checking your dryer, furnace, stove and fireplaces to make sure any vents are clear of snow. - Check inspection dates. Do you know the last time your furnace, water heater, fireplace or other major appliance was inspected? - Take inventory of any major appliances that are not working properly or at all. It is time to look ahead at the year and budget for their repair or take them to the dump. For example, that extra freezer that doesn't work - it's a safety hazard! Get it fixed or look at paying for it to be properly disposed. - Review your garage for hazardous materials such as paints, oils and gasoline. Make sure these items are properly stored. If they are old or the cans are damaged look into getting them disposed of properly. A lot of times items we used for spring, summer and fall projects get forgotten in the winter months. If they weren't put away properly they can become potential hazards. - Check for leaky faucets and get them fixed if needed. You don't want a small leak to become a BIG problem. Once the spring thaw begins make sure to check outside faucets for leaks as well. - Unclog gutters - if the weather permits. Otherwise add this to a list of spring cleaning to be done as soon as possible. - Clean off the roof (or get someone to do it) if weather permits. Another item to add to spring cleaning if it cannot be done.