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Featured Articles

Mold and mildew in older HVAC systems

Air conditioning systems should keep us comfortable and mildew free.

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In South Carolina where the summers are hot and humid, We rely on our air conditioning systems to keep us comfortable and keep the inside of our houses dry and mildew free. A great many homes in this area have what is commonly known as a Gas Pack system with an air conditioning condenser unit on the outside of the house, and a gas furnace and air conditioning evaporator coil in the crawl space under the house. The evaporator coil becomes very cold, and air that passes over it is cooled and looses its moisture in the form of condensation. This process cools and dries the air in your home so that you feel comfortable. In a very humid climate, the amount of condensation can be considerable. This moisture typically drains into a pan under the coil and is then either pumped or drained by gravity out of the crawl space and away from the structure. If the drain line becomes clogged, or the pump fails, or a pipe fitting comes loose, water backs up in the tray and/or drains onto the crawl space floor. Standing water in a dark, hot and humid crawl space is an invitation for mold and mildew to form. Many older HVAC systems are not airtight and allow crawl space air to enter the system, and where the condensation drainage is interrupted, mold and mildew can be pulled into your HVAC system. If, during an inspection, I find a broken, leaking or obstructed drain line, I report it to the home owner with a recommendation to have it repaired. It’s not a bad idea to have an annual heating and air conditioning check up, and to ask the technician to pay careful attention to the drain pan and pipes, and to make sure that the ductwork is in good condition with no splits, holes or gaps. If you suspect mold, contact a certified mold inspector.

Afraid of home inspection?

How much maintenance and repairs will cost depends on several factors.

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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.

Feng Shui

Another Look at Interior Design

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Feng Shui (pronounced Fung Shway) has been used in China for centuries and has made a strong entrance into western culture. Best described as "the art of placement" Feng Shui was originally used to determine the placement of temples, official buildings, graveyards and homes in their natural environment. In China, there became many different schools of Feng Shui such as the Land Form School in the southern region and Compass (Fukien) School in the northern region, to name a few. When the western world first came into contact with Feng Shui it was labeled as a form of geomancy which is considered "divination by means of figures or lines or geographic features." Although this may be a misrepresentation of the initial use of Feng Shui, this art is constantly in flux and today there are many different schools, some of which do concentrate on the use of this art as a way to impact ones fate in a favorable direction. With this variation, Feng Shui has found a niche in the New Age market of the western world. This has added some aspects to the art that are not for everyone. However, this art of placement does have some wonderful interior design techniques that everyone could adapt and find beneficial. This article will discuss many of these interior design solutions for cluttered and cramped spaces in the home and office. It is difficult to write about Feng Shui without looking at some of the ideas of balance that have become part of this art form. First we will look at some of the ideas behind the creation of balance and then we will look at some of the practical solutions this art form has for our living and working spaces. For those who are more interested in the practical interior design aspects of Feng Shui, take a look at the third paragraph.

Feng Shui, as the art of placement, is aimed at creating the best balance of elements and flow of chi throughout any space. Chi is considered an energy that surrounds all living things. Feng Shui strives to give chi the smoothest possible flow so it does not become trapped or flow through too quickly causing an imbalance in the energy/vibe of a space. If chi does not flow correctly it is believed to have adverse effects on those living around these imbalanced areas. The elemental balance of a space is reached by balancing five elements of nature: earth, water, wood, fire and metal. These elements are mapped out using a bagua. A bagua is a chart used for IChing that is also used to plot the areas of a home/space. Each direction has an effect on certain areas of life (click on the image to the right for a larger look). The main directions of North, South, East, West and center correspond the five elements of nature. In short, the areas on the bagua effect and are represented by the following:

  • South - Fame - Red, Fire, Birds, Summer
  • SW - Relationships & Marriage - Yellow & Pink
  • West - Children & Creativity - White, Metal, Tiger, Autumn
  • NW - Helpful People & Travel - Gray
  • North - Career - Black, Water, Tortoise, Winter
  • NE - Knowledge & Spirituality - Turquoise
  • East - Family & Ancestors - Green, Wood, Dragon, Spring
  • SE - Wealth - Purple

Keep in mind some of the colors and other symbols may change depending on the school of Feng Shui you choose to use. It is also interesting to note that in some schools the bagua is superimposed over a space (i.e. in a drawing of a room) strictly based on compass direction - the chart's North points the same direction as compass North. In other schools, especially those popular in western adaptation, the bagua is situated according to the main entry to the space. With this method, the South end is always on the same wall as the main entrance so your doorway will always fall into the SE, S or SW section. Once the bagua is superimposed over the drawing of a space you may then see how the various areas of a room or areas of the house are affecting your life whether it be your career or your children. On examining the space you may then pinpoint if something in that space is disrupting the chi of the area and the balance of that part of life. Major problem areas can be fixed with various cures from mirrors to crystals. Changing the placement of objects and adding more lighting can also improve areas (leading into the interior design aspect of Feng Shui). Or if the space is fine but you want to enhance that portion of your life you can add elements and symbols to the space to increase their effectiveness. For example, hanging black and white (gray) travel photos in the NW section may help to encourage travel opportunities. Finally, Feng Shui looks to balance spaces based a symmetry, square and rectangle shapes are ideal. Odd shapes and areas jutting out often can cause imbalance in the chi. For example, if a bedroom falls outside the square or rectangle shape of the house that person will feel detached from the rest of the family and it may lead to arguments or withdrawal. Obviously this is only the tip of all the aspects of Feng Shui and its variances. It takes books to explain these concepts in detail. Let us move on to the more tangible interior design aspects of this art form.

Feng Shui as a interior design tool is truly an art of placement. All placement has an effect on chi and placement should be a conscience act. Many of these placement ideas have very practical reasons and aesthetic appeal to those who may not be interested in the chi aspect of the placement. The following list includes some of the more common aspects of Feng Shui interior design.

Keep places clear of clutter!
One of the basics of Feng Shui is that everything should be kept in its place. Keep areas clear of clutter. Cluttered spaces will trap and slow down chi but will also give you a subconscious weighted down feeling. It sounds simple enough and it is! Clear off your desk, file those papers, go through that stack of books, etc. It will feel like a weight was lifted off your shoulders and you will find that you can think more clearly as there is less subconscious worries about needing to "get to that someday" - get to it today so you can move on!

Doorways 
-All doorways should be in good shape, if they need any repairs, repainting or replacement this needs to be done. Doors should also open into the room rather then out. This will encourage energy to flow in rather then out. -Main Entrance to the Home: Considered the most important entry, the main entrance to your home should be welcoming and positive. Keep the area well lit and free of clutter. Company should come in the doorway feeling welcome.
-Common problems with the main entrance: 1) If your home is a split level you may see stairs going both up and down as soon as you enter. This will cause chi to disperse too quickly and may lead to conflict and bickering in the home as you don't see things the same way. The two stairways also cause a split view which can lead to anxiety. Cures for these entrances include mirrors or a multidimensional picture that illustrates depth. 2) Seeing the back door directly from the front door. This will cause chi to flow too quickly through the home causing missed opportunities. Also, when guests can see the "exit" upon entry it will make them feel unwelcome or impatient to leave. Fixes for this include a screen, curtains or plant to block the direct view; this can also add a rich fullness to the home and encourages people to enjoy what is around them rather then peering through to your backyard right away. More traditional cures use crystals or wind chimes hung between the doors. 3) Some entrances are small and box-like with blank walls. To fix this hang a painting, perhaps one of the outdoors that makes the visitor think of spacious areas.You may add a mirror, but some Feng Shui experts advise against this as startling your visitors (and yourself) with your reflection as one walks in the door can be unnerving and rude. Make sure the area is well lit and bright. You do not want cramped, blank entrance ways to be dark and shadowed. -Other Doorways: Keep the path of doorways clear of clutter. Doorways provide the main pathway for chi and should not be disrupted or blocked - you shouldn't have to tip-toe around a bookshelf, etc when you first enter a room!

Windows
-Like doors, windows in disrepair are not good for the home. Cracked and damaged windows disrupt the chi and should be replaced.

Bedroom
-The bedroom is one of the most important rooms of your house and the placement of your bed is the most important placement in this room. The bed should be a place to rest so you do not want to be disturbed or startled easily. Many consider it ideal to place the bed diagonally facing the door. However, if that is not possible, the following bad alignments should be avoided: 1) Do not have the foot of the bed directly in line with the doorway. 2) Do not have the head of your bed directly in line with the doorway. 3) Place the bed against a solid wall instead of a window or open space. 4) If you have a slanted ceiling the bed should not be under the lowest point.
-Some schools of Feng Shui are against any mirrors in the bedroom. If you do insist on having a mirror in the room make sure it is not directly opposite or viewed from the bed, this set up can cause unease as you will startle yourself when waking.
-Also, electronics such as TVs and stereos should not be kept in the bedroom. These items are usually not conducive for rest and sleep and should therefore be placed in the more awake rooms of the house such as the living room.

Study/Home Office
-The desk is the most important piece in this room. It should be in a command position where you can see the door. Ideal is diagonally so you can see as much of the room around you as possible. Never have your back to the door when seated at your desk. Also, if you sit too close to the door or have a poor view of the room you less control of your surroundings.
-Keep this room clear of clutter. Clutter will work on your subconscious and you will contently be split among several tasks and never be able to concentrate on just one.
-Lighting is important in this room. It should be bright but not glaring. Natural light from a window is good but should not be directly in front of you, instead it should be to your side.

Kitchen
-Another major area of the home the placement of the stove is considered key to this space. The stove should never be placed where you have your back to the main entrance and therefore prone to being startled while cooking! -It is extremely important that this room stays clean
- should be the cleanest in the house! Living Room -Furniture in this room should provide for easy movement. Chairs should be faced towards one another and share a coffee table or stand between them. Empty space between people may cause tension and more conflict, whereas having a table as common ground between them makes them feel more secure and comfortable in discourse. -Many living rooms lead into other spaces such as dining rooms, etc without any real doorway. This may cause an odd or L-shaped room. Again, it is bad Feng Shui to have tangents hanging off the main shape (rectangle/square) of the room. To counter this you may add a screen, open shelves, plants, etc. that gives more structure to the two spaces and keeps them separate. -If your living room or similar room is a sunken room make sure to get floor lamps to brighten the room up. Light will help bring the room up on equal level to the rest of the house and counter the detachment this feature may cause.

Dining Room
-This room should not be overcrowded but more spacious and inviting to groups. Comfortable table and chairs should encourage diners to take their time and enjoy the meal. -Mirrors are great for this room - double the size of your rooms and family!

Obviously this is just a quick sampling of the types of rules Feng Shui has for the placement and design of the home.

Feng Shui, although an ancient art has many practical uses for the modern age. Practical ideas such as having a command position in a room to tackle tasks more effectively can be very beneficial. There is no doubt that the various number of schools and approaches and the New Age aspects and fluctuations of this art form can be a bit confusing and frustrating at times. However, this art, whether you delve into it deeply and adopt its sometimes mystical aspects or if you only want to pull a couple ideas about placement, can still be beneficial and fun to anyone who wants to give it a try.

Fast Fun Feng Shui


- Some schools of Feng Shui believe that each person can be mapped by the bagua as well. Using birth date, the bagua calculators can tell you which directions are more auspicious than others and what areas should be avoided or countered. For an example calculator click here: www.fengshuitimes.com/resources/GuaCalculator/ There is even alterations to the bagua chart based on the astrological year (for year of the dog click here: www.bhargo.com/articles/firedogyear.asp


- Not home much? Feng Shui suggests that homes should always have flowing chi. If you are gone often or for long periods of time make sure to bring life into your home. On vacation - set the radio or TV to create sound while you are gone. Long days at the office or weekend trips - get fish or plants in your home so their energy will keep your space alive.

- Feng Shui isn't just about objects anymore! Have messy neighbors that are cluttering your space and chi? Many modern schools of Feng Shui suggest talking with neighbors and volunteering to help them with clean up projects. Not only will your chi and space feel better, you will also work on you outside partnerships and bring positive energy into your life and home.

- Not all antiques are good antiques. Antiques may have a carry over of bad energy or chi from the previous owner. Make sure to take time to calmly consider and feel the vibe from an antique before purchasing it.

- Cures for your bad Feng Shui: some schools rely heavily on cures. These include chimes, crystals, bagua mirrors, bells, golden arrows and bamboo flutes (to name some of the most common). However, some schools are dissatisfied with the commercialism of these cures. Instead they rely more on rearranging objects already in the homeowners decor or adding ascetic elements such as plants, water fountains and statues.

- My student is an A+ student! Many Feng Shui practitioners believe that you can aid your children's or your own scholarly pursuits through good placement. This could mean having your child's bedroom in the NE sector of the home. Or it may mean placing their desk in the NE sector of the room. Also adding colors of the blue and green/turquoise that represent your child's scholarly interest in the NE sector of the room. For example, blue and green planets on a mobile or pictures of marine life, dinosaurs, etc. where these colors dominate.

- Problems with office politics at the workplace? Work stations should not be directly face to face as this will cause conflict. Sharp angles and corners should not be pointed towards anyone's back other wise they will become the target of office politics and back stabbing. The boss should always have the office furthest from the front door so they are not distracted by everyday events and the distance gives them time to contemplate decisions. If a subordinate is further back then the boss they may feel like they see more and know more.

- Selling your home? Feng Shui can be considered to help aid you sell as well. One example is to make sure you don't have heavy furniture at the base or southern point of your home as this will keep you grounded. Or have a water fountain to help de-stress potential buyers. It is a growing trend and there are programs that offer real estate agents contact hours in Feng Shui training!

Further Reading Online

American Feng Shui Institute
www.amfengshui.com
To correct mistakes committed in various Feng Shui books on the market and to prevent people from being victimized. To help people discern real professional Feng Shui practitioners from impostors, and to set Feng Shui apart from superstition, mysticism, and religion. To apply the fundamentals of Feng Shui to initiate interest and research in the ancient natural science. To utilize Feng Shui correctly such that it benefits all mankind.

Fast Feng Shui
www.fastfengshui.com/articles.htm
We are pleased to offer the following articles on contemporary western feng shui.

Feng Shui Chinese
www.fengshuichinese.com
The Site is made in Hong Kong and China by Feng Shui Experts and is in both English and Chinese Languages. We appreciate your feedback.

Feng Shui Gate
http://www.fengshuigate.com/
Essays on the origin of Fengshui

Feng Shui Society
http://www.fengshuisociety.org.uk/ 
The Feng Shui Society, based in the United Kingdom with links throughout the world, is an independent, non-profit organization established in 1993, run on a voluntary basis by an executive committee elected from the membership. It administers minimum standards for education in feng shui to professional practice level and maintains a register of accredited consultants. 

Feng Shui Times
www.fengshuitimes.com
Ancient Wisdom for Modern Times

World of Feng Shui
www.wofs.com
First Magazine of Feng Shui in the World

Home Appraisal

What to Expect & How to Prepare

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The Appraisal Foundation - USPAP (Uniform Standards of Professional Appraisal Practice) defines an appraisal as "The act or process of developing an opinion of value." This valuation is a determination of your property's market value - what it will likely sell for on the open market. So how is this "valuation" determined? Why does the idea of getting an "opinion of value" create so much apprehension about the process? What can you do to make your home appraise better, if anything?

What do you do if your home doesn't appraise well?
elow are commonly asked questions that hopefully will give some clarity about home appraisals. What is a home appraisal? A home appraisal is a survey of a home by a professional for their opinion of the property market value. In most cases an appraisal is done for a bank when a home is being approved for a loan for the home buyer. The home appraisal is a detailed report that looks at such items as the condition of the home, the neighborhood, what similar homes are selling for, and how quickly similar homes sell (to name a few). The appraisal may be a sales comparison or a cost/replacement opinion of value. There is also an income appraisal, but this is done primarily with commercial properties. The sales comparison will look at other properties in your neighborhood and what they are selling for and then figure how they compare to your home. With a cost/replacement opinion of value the appraiser is looking at what it would cost to replace the home if destroyed; this is more commonly used for new homes.
Important Note: An appraisal is not a home inspection! Appraisers only look for major concerns, they do not examine the home's full condition (i.e. examine the roof, appliances, etc.). For this reason a home inspection should still be requested by the home buyer before purchasing the home.

Who is an appraiser?
Appraisers are licensed by individual states and are held to strict ethical standards. Appraisers are the third party whose purpose is to give their opinion of the market value of a home. Ideally the appraiser should not be connected with anyone involved with the home transaction.

Who picks the appraiser?
When an offer is made on the house the appraiser will normally be determined by the lender. The lender may have their own appraiser or contract with an independent party. Sometimes the bank will allow the seller to choose an appraiser, but only when that appraiser is already well known to them.

Can the seller get their own appraisal done?
Yes. The home seller may commission their own appraisal before selling the property to determine cost. However, this will cost anywhere from $300-500 and the bank most likely will not accept this appraisal but request another to be done by their own contact.

If not by appraisal, how do I set the price for my home?
Home sellers can set the price of their home with the help of a REALTOR(r) using a comparative market analysis (CMA); the CMA is not a substitute for an appraisal but will give a good idea on setting an asking price (usually 5-10% more than the market price for your area).

How can you prepare your home for appraisal?
Prepare for your home appraisal like you would for a home sale. You are in essence re-selling your home. Make sure all the maintenance you can do is done; this includes clearing and trimming the yard to painting the house - hopefully most of this was already done for the sale and should at most need only a minor touch up. Be polite to the appraiser and give them full access to your home; work with them not against. Inform the appraiser of your home improvements. Let them know about the new windows, new floors, the finished basement, etc. And finally, don't be caught off guard. Do your homework! Know what similar homes are selling for in your neighborhood. This is something that should be done before setting your selling price. But in case your home has been on the market for a month or two, keep your research current. Let the appraiser know about similar homes and what they have sold for, especially if you know why a particular home that is like yours sold for less, let them know why your house is different.

What if the appraisal is low?
An appraisal that comes in lower then the asking price can jeopardize the loan and ultimately the sale. The lender will generally only loan up to 80% of the appraisers opinion of the home's value. The most common result is that the seller can lower their asking price. Or the seller and buyer can negotiate and meet at a price in-between. If the buyer still wants the home badly enough, they may put more money down; but this may still not guarantee their loan as the lender will still view it as negative equity. The final option is to dispute the appraisal. Before disputing with an appraisal, do your homework. Look at the homes in your community that have sold in the last 6 months and see what the differences are that may make your home more valuable. Perhaps there is a sale that the appraiser missed, perhaps other homes do not have the renovations and improvements you have done, perhaps the appraiser is not familiar with your type of home or neighborhood, etc. Building this case may be a good idea even before the appraisal. This will prevent you from getting rushed by the timeline after the appraisal is done. This is something you can ask for your REALTOR(r) to help with as they usually have a vast knowledge of your market area. Once you have the case, present it to the lender. They will likely get a new appraiser or request the same appraiser to reconsider it. If you do not want the same appraiser, make sure to specify this and ask for a second opinion.

What other aspects of the appraisal can hurt the loan?
By in far, the appraisers opinion of the home's value being lower than the asking price is the most detrimental. However, other factors may cause the lender to refuse the loan or require further contract negotiations. These concerns would result from property conditions that may require the home buyer to do more investing in the property to keep it valuable, such as upkeep on a private road. Your REALTOR(r) can help you with these types of objections and altering the contract to meet the lenders concerns.

The above is an introduction to answer some basic questions about the appraisal process. Please look at the links to the left for more detailed information. Now, if you are interested in what your home may be worth, check out Zillow for fun! This online program uses Google Maps to show what homes in your neighborhood are selling for or may be worth. Of course, I would suggest caution as the opinion of value given for most homes is rather high: http://zillow.com/ Happy appraising!

Flood!

How to prepare for, respond to and recover from a flood.

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Experience is sometimes an unforgiving instructor. At Homecheck we learned devastation caused by flood waters first hand when Cedar Rapids, IA was hit by a massive flood this past June (6/13/2008). Homecheck is parented by the company enlighten technologies™ which includes many other businesses in our family such as Lawchek®, LawyersListings, and HouseList, to name a few. Our headquarters on 1st Avenue in downtown Cedar Rapids was inundated with water after the Cedar River crested at 31.1 feet (19.1 feet over flood stage) to overtake 1,300 blocks of the city.* The first floor was completely lost and the second as well when water reached 4 feet on the upper level. A slow road to recovery, we have learned first hand the destructive power of flood waters. Reflecting on this experience and the items we have learned, we determined to write an article this month about what to do if a flood hits your home or business. We hope many of our readers never have to use the practical advice in this article.

*Specifics taken from articles: http://www.usatoday.com/weather/floods/2008-06-15-cedar-rapids-cleanup_N.htm; http://www.nytimes.com/2008/06/13/us/13flood.html?fta=y; http://en.wikipedia.org/wiki/2005_levee_failures_in_Greater_New_Orleans **Weather data: http://ia.water.usgs.gov/flood/flood.html

Before the Flood
It is not always possible to know when a flood will happen. It may be caused by an inundation of rain fall. Cities in Iowa were affected in this way when the Cedar and Iowa Rivers swelled with over 10 inches of rain in only one week.** This can then be compounded when man-made structures give way. This was seen in New Orleans when 50 levees broke during Hurricane Katrina.* So what can you do to protect your business or home before a flood happens?

• Find out about the land your structure is on. Does it sit on a flood plain? What is the threat level? Geologists or your county planning department will list these areas by the probability of a flood. For instance, Cedar Rapids has areas designated as 100 or 500 year flood plains. The flood in June was a 500 year flood. FEMA Offers flood maps detailing current flood risk. Simply type in your address and you can look at it online. You also have the option to buy a map, but as long as you are looking online, the service is free. http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

• Now that you know where your home or business stands, what kind of insurance is available? Talk to your insurance agent first. If you want to now more about insurance options, especially in higher risk areas, also check out the National Flood Insurance Program at www.floodsmart.gov/floodsmart/.

• Whether a household or a business, you should have an evacuation plan in place. Let family members and employees know what evacuation route to take if water is rising swiftly and an evacuation is ordered. For households you should include a place for everyone to meet whether it is a local shelter or a relative’s/friend’s house. Also, families should have an out of state contact that everyone may call to locate each other in case they are separated.

• Create an emergency kit to be ready at any time. Depending on the needs (home or business) some items to consider are:

  • Clean water (enough for at least 3 days for every person and animal – generally 5 gallons per person)
  • Nonperishable food for 3 days (don’t forget a can opener!)
  • Suitcase with an extra pair of clothes and extra blankets or sleeping bags
  • Baby Kit - Baby food, diapers and other supplies
  • Pet food, leashes, vaccination info for your pet – you may have to leave your pet at a local pet shelter if you are evacuated as emergency shelters do not allow pets 
  • First Aid Kit – try to include some extra prescription medications (not expired!) or details about any prescriptions so you can refill them if lost in the flood
  • Personal Hygiene Kit – sanitary wipes or gel, soap, toothpaste, feminine supplies, deodorant, etc.
  • Flashlights, radio or small TV, and batteries – you may also consider crank flashlights and radios
  • Some items to have on hand particular to a flood threat: insect repellent, rubber boots and gloves, and thick shoes

• Back up your documents! If you are evacuated due to a flood there are certain documents you will need for claims and getting back on your feet. Keep a copy of these documents with your emergency kit, at a safe location other than your home or both. At the very least these documents should include: insurance information, social security number, and medical records including any active prescriptions. It would also be a good idea to make a list of emergency contact information including family and friends as well as local and state numbers you may need.

• Prepare your business or home to resist flood damage. Suggestions include: install sump pumps with a back-up source of power, install backflow valves or plugs to prevent sewage entering the home, and make sure any fuel or propane tanks are securely and properly installed.

During the Flood

• Once a flood watch or warning is given call local authorities and let them know of anyone who may have special needs and cannot leave the flood area easily. It is extremely helpful for authorities to know who needs help evacuating if an evacuation becomes necessary. Ideally, have a friend or family member who will try to get this person out first if it is still safe to do so. This way there is less chance of separation.

• Get your emergency kit and keep it at hand in case of an evacuation. If you have some prep time before, fill up the gas tank to make sure you can go at a moments notice. If an evacuation is ordered there may be heavy traffic and you may need to go some distance to a shelter.

• Secure any items outside that might become hazards in water such as garbage cans, lawn furniture, grills, etc.

• If an evacuation is imminent: turn off the power and gas. If an evacuation is ordered, evacuate immediately. Use the route the authorities have given and make certain not to drive through flooded roads.

• If you are not ordered to evacuate, stay home and listen to any future announcements. Unless helping a family member or friend for a specific purpose, stay off the roads and out of the way of emergency crews. Going to watch is not helpful and can be potentially very dangerous.

After the Flood

• First you will want to contact your insurance company. Even if you are not covered for a flood, you will need to contact your agent. This is why it is important to keep documentation with your emergency kit. You need to know your company, agent (if applicable) and your policy number. In the case of evacuation, make certain to specify the address and phone of where you can be reached now. This may also be a friend or relative who can act as a point of contact if you are not immediately near a dedicated phone. They will set up an appointment to meet with you and discuss your losses.If they do not get back in a few days be persistent and call again, just keep in mind they may be overwhelmed with claims.

• Work with authorities about your return. Although this part can be extremely frustrating, in the case of major floods they will want to assess the safety of your return before you may enter any neighborhood or structure. Choose representatives, as in the case of Cedar Rapids the first look at the property was restricted to 1-3 people depending on location. The authorities may have also set up a grade system for the status of your structure. In Cedar Rapids there were green, yellow and red signs letting owners know whether a structure was safe to enter, enter only with caution or too dangerous and deemed a total loss.

• Once it has been deemed safe by the authorities for you to return, start the process of sorting your property. Do not throw out all items as you will need your insurance agent to see these. However, if the items are considered too toxic to keep around, get pictures and samples of the items before disposing of them. Make sure to take all precautions necessary before entering a flood damaged building! Click here for more details.

• Take many pictures of the inside and outside of your structure before cleanup. Photograph any standing water, items that have to be disposed of immediately and general survey pictures of each room. Also, take pictures of the items that will have to torn out such as the walls, floors, etc.

• Make a list of all damaged and lost items. This will help when you work with your insurance agent to process your claim. With your agent you will make a Proof of Loss. This statement is your testimony to the damages suffered. It should be filed within 60 days unless circumstances have allotted more time. Once this is filed with your insurance company your claim will be processed, however, it may take some time if the area was hit especially hard.

After the Flood: Home and Family Recovery – Working with FEMA

• FEMA stands for the Federal Emergency Management Agency. As they state on their website they define their type of disaster assistance as “money or direct assistance to individuals, families and businesses in an area whose property has been damaged or destroyed and whose losses are not covered by insurance. It is meant to help you with critical expenses that cannot be covered in other ways. This assistance is not intended to restore your damaged property to its condition before the disaster.” In essence they are there to help those who could not or did not get flood insurance.

• Items FEMA will cover are: temporary housing in the instance of evacuation or unlivable conditions, repair for what the insurance company will not cover (this is just until the home is safe, not necessarily with the same materials as before), and permanent housing construction. This last is only available to those who cannot get flood insurance at all due to location.

• FEMA can help with recovery costs that are not directly related to the home. These additional expenses can only be claimed if you live in a disaster area as designated by the President, you have already filed with your insurance company and find you are not covered, and you have serious needs directly related to the disaster. Some of these costs listed on the FEMA website include:

  • Disaster-related medical and dental costs.
  • Disaster-related funeral and burial cost.
  • Clothing; household items (room furnishings, appliances); tools (specialized or protective clothing and equipment) required for your job; necessary educational materials (computers, school books, supplies).
  • Fuels for primary heat source (heating oil, gas).
  • Clean-up items (wet/dry vacuum, dehumidifier).
  • Disaster damaged vehicle.
  • Moving and storage expenses related to the disaster (moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home).
  • Other necessary expenses or serious needs as determined by FEMA.
  • Other expenses that are authorized by law. http://www.fema.gov/assistance/process/assistance.shtm

• You can reach FEMA by calling 1-800-621-FEMA (3362) or TTY 1-800-462-7585

• When making any claim, you should have the following at hand: your social security number, current and damaged address, current phone contact, insurance information, household annual income, routing number to your bank to receive funds, and a detailed description of the losses.

• You may be referred by FEMA to SBA which offers low-interest disaster loans. “Homeowners may borrow up to $200,000 for disaster related home repairs. Homeowners and renters may borrow up to $40,000 to replace disaster-damaged personal property including vehicles.” However, you can not receive duplicated aid already received from FEMA.

• To find currently approved disaster areas you can go online: http://www.fema.gov/news/disasters.fema

After the Flood: Business Recovery – Working with SBA

• SBA stands for the Small Business Administration which has a specific branch for disasters the Office of Disaster Assistance (ODA) that offers federal low-interest, long term loans for “homeowners, renters and non-farm businesses.” An Economic Injury Disaster Loan (EIDL) is available to small businesses specifically geared towards helping with day to day expenses so a business may continue to operate.

• SBA can release disaster loans if one or more of the following conditions are met: Presidential Disaster Declaration, • • Agency Physical Disaster Declaration (based on a minimum amount lost), Governor Certification Declaration, Secretary of Agriculture Declaration, Secretary of Commerce Declaration, or Military Reservist Economic Injury Disaster Loan (for businesses that lose key personnel who are called to active duty).

• For Physical Disaster Loans which help replace an uninsured or under-insured property, an inspection team from SBA’s ODA will review the site and claims.

• Applicants do have to show some reasonable ability to pay back the loans. However, since they are low-interest and can be as long as 30 years, they are easier to qualify for than standard loans.

• Especially with real estate, the SBA’s ODA will continue contact with the borrower to make certain construction is on schedule and funds are being used appropriately.

• You can reach SBA by calling 1-800-659-2955 8am-9pm EDT. Or email them at disastercustomerservice@sba.gov.

More Information

FEMA and the American Red Cross have made a pamphlet entitled Repairing Your Flooded Home which is available as a PDF. A great resource, page 55 has a very useful emergency contact list as well.

  • Click here for Repairing Your Flooded Home by FEMA and the American Red Cross (PDF)

Additional pointers from Homecheck:

  • Cleaning Up after a Flood (HTML)
  • Battling Mold after a Flood (HTML)

Some Ways to Help Our Neighbors

Downtown Cedar Rapids, Iowa on Sunday, June 15, 2008 after the waters have started to recede.

Aidmatrix Network - Iowa
The Safeguard Iowa Partnership and the Iowa Disaster Human Resource Council have partnered to provide the Aidmatrix Network, an easy way to make monetary and product donations to the nonprofit organizations that are assisting in the response and recovery efforts following recent disaster events in Iowa.

Cedar Rapids Czech & Slovak Museum
www.ncsml.org
The National Czech & Slovak Museum & Library staff and board continue to work through the challenges of flood recovery. Our five museum buildings are cleaned out and secure. Visitors from across the country have been calling to plan summer visits. Some have already made their way here and are shocked and dismayed to find a sight they never expected - boarded up buildings, sandbars in the garden, and piles of debris. We are assuring them we will survive and be back in business, but it will take time. To us it's surprising there's still a world out there that doesn't know about the flood!

Cedar Rapids Public Library
Our public library lost all of the first floor which included books and magazines for adults.The children's book section was mostly recovered. They are currently looking for temporary space: "07 July 2008 - Librarians are compiling a list of books and other materials that the CRPL’s book distributor will hold until the library has a place to put them. The books will arrive pre-processed, which means that staff will be able to shelve them immediately, saving an enormous amount of time. Once the list is compiled, individuals will have an opportunity to select a book from the list to donate. “Many of our patrons and supporters have been asking what they can do. This will be a way to help rebuild our library,” says Glise. “By fall, we hope to have a wish list available.”

Corridor Recovery
Corridor Recovery is a not-for-profit partnership between government, civic, business and faith-based organizations, created to respond to the Flood of 2008. As the flood waters peaked, Corridor Recovery quickly became the primary resource for materials and information for Linn County and Cedar Rapids. We provide resources for local governments and agencies to distribute flood-recovery information to the public in a critical time of need, and to coordinate volunteer efforts in the clean-up and recovery process.

Greater Cedar Rapids Community Foundation
www.gcrcf.org
The Greater Cedar Rapids Community Foundation opened the Flood 2008 Fund on June 15. The Flood 2008 Fund is for flood relief and recovery donations. One-hundred percent of financial donations to the fund will support response, recovery and rebuilding efforts throughout the Cedar Rapids-metro and surrounding communities. The first priority will be to work with local nonprofit organizations to support individuals and families affected by the floods. The GCRCF is committed to helping individuals, families and the nonprofit community recover and rebuild from the catastrophic flood.

Embrace Iowa 2008 Disaster Fund
Embrace Iowa is a program of statewide outreach by the Des Moines Register. Since it already has an established logo, identity, and donation tracking mechanism, the Iowa Disaster Collaborative is using the Embrace Iowa website as one way for donors to make a donation and learn more about the 2008 Iowa Disaster Fund.

Iowa Commission on Volunteer Service
If you are interested in helping in a particular area of the state, please use this section of our Web site to get in touch with local officials, who are collecting a list of where and when volunteers are most needed.

University of Iowa Foundation
For those wishing to support the University as it struggles to recover from flood-related damage not covered by insurance or other resources, we encourage contributions to the UI Flood Relief Fund.

Sources for this article which include even more detailed information:

Center for Disease Control
CDC.gov (www.cdc.gov) is your online source for credible health information and is the official Web site of the Centers for Disease Control and Prevention (CDC). CDC is committed to achieving true improvements in people’s health. CDC applies research and findings to improve people’s daily lives and responds to health emergencies—something that distinguishes CDC from its peer agencies. Working with states and other partners, CDC provides a system of health surveillance to monitor and prevent disease outbreaks (including bioterrorism), implement disease prevention strategies, and maintain national health statistics. CDC also guards against international disease transmission, with personnel stationed in more than 25 foreign countries

FEMA – Federal Emergency Management Agency
http://www.fema.gov/
FEMA has more than 2,600 full time employees. They work at FEMA headquarters in Washington D.C., at regional and area offices across the country, the Mount Weather Emergency Operations Center, and the National Emergency Training Center in Emmitsburg, Maryland. FEMA also has nearly 4,000 standby disaster assistance employees who are available for deployment after disasters. Often FEMA works in partnership with other organizations that are part of the nation's emergency management system. These partners include state and local emergency management agencies, 27 federal agencies and the American Red Cross.

National Flood Insurance Program
http://www.floodsmart.gov/
Congress established the National Flood Insurance Program (NFIP) to address both the need for flood insurance and the need to lessen the devastating consequences of flooding. The goals of the program are twofold: to protect communities from potential flood damage through floodplain management, and to provide people with flood insurance.

SBA – Small Business Administration 
http://www.sba.gov/
The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace.

Becoming a Landlord

How to be a Good Landlord

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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.