Establishing a maintenance routine How much maintenance and repairs will cost depends on several factors. The age of your home, how well it was maintained by previous owners, weather conditions in your area, and your profit expectations, will all impact how much you spend. In general, homeowners should budget approximately one percent of their home’s value for maintenance and repairs. If you make a habit of putting aside a small amount of money each month to be earmarked specifically for home maintenance, then it will be less painful when unexpected repairs are needed or when appliances must be replaced. Many prospective home buyers will not consider a home that is clearly in need of TLC, even in a hot market. Finishing your “punch list” before contacting a realtor will ensure that you are able to ask the highest price possible for your property. Home insurance Lien holders require that you purchase homeowner’s insurance to cover damages to your property from the elements, fire, accident or theft. Additional coverage may be required for floods, tornados, hurricanes or earthquakes, none of which are covered by the typical policy. If you live in an area threatened by one or more of these, it is recommended that you expand your policy to cover them. Likewise, if you have a large number of valuables in your home, your insurance should reflect that. Weigh the return on investment when making improvements Painting is an obvious way to improve your home’s appearance without spending much money, but what about big-ticket items such as swimming pools, or designer kitchens? It is easy to get carried away when you are decorating your home, but many projects do not add lasting value to your home or guarantee that you’ll recoup your investment. Research what features are hot in your market and consider your expenditures wisely. Keep good records When you buy a car you want to see the maintenance records to make sure the oil was changed on a regular schedule. Why not do the same for your home? Scheduling maintenance on your home and performing regular check-ups of your chimney, mechanical systems, and roofing etc... will ensure problems are fixed before they get out of hand. Check List Items you should routinely inspect are: Grading and drainage. Slope and landscaping need to angle away from your foundation. Sidewalks, driveways, decks and patios. These should also slope aways for your home. Regrading may be required and railings and balusters should be as required by code. Exterior wood. Paint untreated wood, porches, deck columns and fence posts to prevent rot. Doors and windows. Maintain caulking around frames or the money you spend heating and cooling your home will go, quite literally, out the window. Inspect you doors and windows for correct fit, missing caulk, paint, broken glass or cracks. Exterior walls. Check brick and stone for missing mortar which can lead to deterioration from freezing and thawing. Blistering or peeling paint could indicate roof leaks, bad gutters, interior leaks from baths or laundry rooms, etc. Make sure there are no exposed nails or warped boards. Roofing and surface water. Inspect your roof and chimney regularly with binoculars or from a ladder, when safe. Remove debris from gutters, and trim overhanging branches. Make sure to inspect after severe storms and high winds. Garage. Check the door opener to make sure the safety reverse is working. Prime the inside and outside edges and check the rollers, tracks, and weather-stripping several times a year. Walls and ceilings. Don't igonre minor leaks. They are sure to become major ones. Mildew and mold can be indicators of a serious problem. Maintain painted surfaces, inspect grout and caulking around sinks, tubs and showers. Replace missing grout to prevent damage to subsurfaces. Attic. If your attic is accessible, inspect roof sheathing, insulation and moisture barriers. Mechanical systems. Trip circuit breaker every 6 months and ground fault circuit interrupters (GFCIs) every month. Check lamp cords, extension cords and plugs.Test outlets near water for proper polarity and grounding. Most hardware stores carry testers that are inexpensive and easy to use. If fuses blow or breakers trip, have an electrician inspect your wiring. Ask him to make certain GFCIs are installed at any outlet within 6 feet of water. Never work with or near electricity when your hands or feet are wet. Never remove service panel covers. Avoid using extension cords when possible. Never replace blown fuses with larger fuses. Plumbing systems. Know where the turnoff is for your system. Do periodic inspections of toilet tanks to ensure they are not wasting water. Make sure your water heater is performing as outlined in your owner’s manual. Remove sediment that has accumulated at the bottom of the tank. The pressure relief valve at the top of the water heater shoud be opened periodically to see that it is in operating condition. Check all valves in your home from time to time. If corroded, clean them and check for leaks. Water treatment systems. Install a water softner if you have hard water to extend the life of your water heater and pipes. Sump pumps. Periodically check for proper operation. Heating and air conditioning. Service annually. Oil furnaces have parts that must be replaced periodically. Check for leaks, odor and soot. Keep bleaches, paint and other materials sealed and away from the heater. Service air conditioners every spring according to the operating instructions.

Clean up the outside.

• Curb appeal is the first impression of your house. Keeping the grass cut and the area tidy will help make a great first impression.
• Paint or wash the exterior of the house (including window casings, shutters, and doors).
• Wash the windows inside and out.
• Check the gutters and chimney.

Increase The Curb Appeal Of Any House. Simple, low-cost curb appeal and house makeover improvements that anyone can do in a weekend. Or, there are many landscaping companies that can help with the job if time is an issue.

Touch up the interior.

• Put a fresh coat of paint in the most used areas of the home. This will clean as well as brighten up the rooms.
• Wash the walls where paint is not appropriate (i.e. wall paper, paneling).
• Wash all floors and bathroom tiles.
• Shampoo dirty carpets.
• Get rid of clutter. Clean out your closets, garage, basement, and attic. Use shelf storage if necessary.
• Replace air filters to help keep the dust down.

Replace bathroom and kitchen fixtures that are worn or leaking.

• People will notice a leaking or worn-out faucet. By replacing these items, you will give a new look to the room.
• Clean under the sinks. If there are any leaks, fix them. Then clean up the damage using contact paper or paint.

Home Improvement Contractor. Find and research local contractors, and get free no obligation quotes on your home improvement projects.

Get rid of any bad smells in your home.

• Pay attention to pet or cigarette odors.
• Place scented potpourri around the house.
• On the day you're expecting a potential buyer, pop a batch of frozen cinnamon rolls, home-made bread, or an apple pie into the oven for a great aroma.

In the course of inspecting a home, I often find open electrical splices in the crawl space and attic, and I cite them in my report. A splice, in layman’s terms, is a connection between two or more wires. These splices are normally made with a small plastic device resembling a thimble that is called a wire nut. The wire nut is twisted onto the wires, and holds them tightly together for a good connection. In accordance with accepted electrical practice, all splices must be inside an approved electrical box with a cover, and this box must be attached to the framing of the house and accessible. These boxes are either metal or plastic. The reason why splices must be inside a covered box is very simple. When electric wires become loose or overloaded, they can get very hot, and, in some cases, throw off sparks. If the wires are out in the open, they can drop sparks onto combustible materials or otherwise cause them to ignite. The electrical box is designed to contain the heat and sparks long enough for a fuse to blow or a breaker to trip. Crawl spaces are not very nice places to work, and the person doing the wiring is probably in a hurry to get out of there, and not interested in going back to place a cover on each box. Open splices are an invitation to disaster, and should be corrected as soon as discovered. If you suspect that your home has open splices in the crawl space or attic, have a qualified electrician correct the problem as soon as possible.

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.

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

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.