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Unmarried Couples Your Property Rights

Moving in Together or Splitting Up

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Unmarried Couples
Your Property Rights: Moving in Together or Splitting Up

Recent nationwide surveys show many couples are deciding to live together before marriage or live together with no intention of marrying at all. For these couples, buying a home is not necessarily more difficult but it does come with additional challenges and items to consider before signing the dotted line.

Unmarried couples will find they have the common options of Tenants in Common or Joint Tenancy contracts when they purchase property. In some states one of these options will be considered automatically for them so they should be aware of what type of contract they are signing in advance.

Tenants in Common:

  • Contract between two or more people to own property together. There is no limit to the number of owners. This type of ownership is common for unmarried couples, groups investing in larger property and those interested in buying property in expensive markets they could not otherwise afford on their own.
  • Tenants in Common can sell their share of the home at any time. If no additional contract is made, they may do this without forewarning other owners.
  • Shares of the Tenants in Common does not need to be equal. Percentages can be assign based off contribution amounts. Sally A. may own 50%, Tony B. 25% and Mary C. 25%.
  • To terminate a Tenants in Common contract one owner may buy out the other(s) or all parties can agree to sell the property and split the profits according to percentage(s) owned.
  • If one owner passes away, then it is whomever they specified in their last will and testament who inherits that share.

Joint Tenancy:

  • Most of the above conditions also apply to joint tenancy. However, a joint tenancy offers a right of survivorship. If one of the owners passes away, the other(s) automatically get ownership without the necessity of a last will and testament.

It is important to realize the above contracts cover the basic property rights for a mortgaged/purchased home or property. The above do not protect individual property (i.e. furniture), discrepancies in contributions to home improvements, or other expenses of owning a home. Therefore, it is imperative that unmarried couples write up a contract that address these issues. Almost like a pre-nuptial agreement (and often perceived as unromantic as one) a contract of terms will protect both parties in case paths do part.

Items to consider in a contractual agreement:

  • If you have a Tenants in Common agreement, make certain all parties do have a last will and testament to clear any possible confusion of ownership in case of death.
  • Include terms for terminating the joint ownership. -Specify if the other party should be given a required number of days notice of the sale and an option to buyout before one of the owners sells their half. -Set limits on the amount of the time allotted for the buyout. A fair time should be offered with a consideration of time constraints created by working through the banking process. -If the property will be sold, make sure to include the percentages of the property owned so each party gets their share.
  • Detail how expenses will be kept on equal terms. Will the mortgage be split? Will one pay the mortgage and the other all the household utilities and joint bills? Again, if the contribution is not equal the difference should be recorded.
  • It may be too cumbersome and unrealistic to include personal property items such as furniture in this contract. Instead you may want to make a separate record. List items that each individual brings into the household. If furniture is later purchased together, many unmarried couples will find it beneficial to keep track of contributions. Because their separation will not be treated as a divorce, disputes over items like these will be harder to resolve without some record.
  • Do not include chore items such as who does the dishes. This can make your contract frivolous and tossed out in a court of law. However, some counselors do suggest making chore lists for all couples (married or not) to help cope with the pressures and expectations of our fast passed lives and homes.

If the unthinkable does happen and you do separate, make sure to give yourself time to cope and process. Even without a marriage it is a major life change. With or without contracts it is important to work together until you can sell or buyout the house if at all possible.

Some coping strategies:

  • Accept and expect mood swings
  • Don't expect to be able to concentrate and work at 100% for a while
  • Don't expect to understand why you separated right away - this takes time and reflection
  • Don't become a hermit - instead use this as a launching pad to rediscover your interests and hobbies
  • Prioritize your needs

Appliances and GFCI circuits.

Our home inspector said that we should not plug our deep freeze into a GFCI circuit, because it could trip while we are away, and ruin our food. Is this correct?

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Q. Our home inspector said that we should not plug our deep freeze into a GFCI circuit, because it could trip while we are away, and ruin our food. Is this correct?

A. Yes, your home inspector is correct. Appliances such as refrigerators and freezers or medical equipment that must remain running should never be connected to GFCI outlets. The reason for this is that GFCI outlets can trip without warning shutting off power to the appliance. GFCI outlets are very sensitive to changes in their environment, and can trip under various conditions. These outlets when placed outside or in garages can trip during rainy weather, because there is too much moisture in the air. GFCI outlets that are wired to other similar devices can turn off when one of the other outlets trips. Under normal circumstances, GFCI outlets are perfectly suited for such things as small appliances, bathrooms, kitchens and exterior devices such as hedge trimmers and power tools. When used properly, GFCI outlets are life savers, but because they are so sensitive and prone to tripping without warning, they are ill suited for appliances which must remain on at all times.

Online Insurance

Is online insurance right for you?

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The Internet is a powerful tool for the savvy online consumer. You can review products, compare prices, research companies and purchase almost anything. Following this trend is the increase availability of insurance online. Insurance companies are providing coverage information, quotes and even contracts online. This includes automobile, homeowners, life, medical and even pet insurance. Insurance has traditionally been a high customer service field with direct human contact with your insurance agent. Because of the change in customer contact, the migration towards providing insurance online has not always been a smooth one. Instead companies are finding some tools work and others only cause frustration or confusion. Indeed, the availability of insurance online is still fluctuating and developing. Below we have compiled a few of the ways you can utilize online insurance options and determine if it is the right tool for you. Researching and obtaining insurance online is much easier today. Many websites now offer comparison tools that will provide quotes and coverage information (some of these sites are listed below). Keep in mind if you choose a carrier from these searches, you will then be contracting with that carrier for your insurance, not the original site. This will either be done by forwarding you to the carrier's website or the comparison site will forward your information to the insurance company and they will then contact you. Many insurers still prefer to have a representative call you and discuss your coverage over the phone. Although not the same as meeting with a personal insurance agent, it allows them to make certain you understand the coverage provided. Also, because buying insurance online is new, many companies believe that individualized customer care is still the best way to get your business and a follow up call still provides some of this customer service. The Pros There are many benefits for utilizing online insurance: Easy comparison shopping: Using insurance comparison websites you can compare coverage and prices on almost any type of insurance. You can also browse the individual insurance carrier websites once you have narrowed your search. Almost all companies now have libraries and tools for you to learn more about their services online. Your time is money: Shopping for insurance online can be done at any time of day. It is hard to get time away from your daily schedule to sit down and comparison shop with insurance brokers, or indeed, individual agents. Low pressure: Let's face it, many people find it easier to stand firm without the person-to-person contact. Users feel they can be more savvy and better informed when every option is at their fingertips rather then relying on an agent's account. Save money: Due to the time needed to comparison shop, the pressure to stay loyal with one company, and the uncertainty about other companies, some may lose money by staying blindly loyal to one insurance carrier. The online market allows for easy comparison shopping, less pressure, and research tools to learn more about other companies. By becoming well informed, you can either work out a better rate with your current provider or move to a new provider who offers better coverage for your dollar. Buying Auto Insurance? Insurance Institute for Highway Safety Click hereThe Cons Be aware of these complications when purchasing insurance online: Understanding coverage options: Without an agent to explain 'insurance speak' you may not know all the coverage you may need. This is especially the case for those getting insurance for the first time. However, if you have discussed options with an agent before and have a generally good idea of the type of coverage you will need, this may be something that is manageable with a little extra research. Is that quote really a deal: All quotes may not be equal. Take care to examine all the coverage included with quotes. The online quotes may help you narrow your search, but should not be taken at face value as not all companies offer the same 'comprehensive' coverage. Buying insurance coverage in your state: Not all states will allow you to purchase insurance online. Some allow you to get quotes but still require you to meet with an agent before signing any contracts. Also, because the internet clouds locality, you will need to make sure the insurance carrier is licensed in your state. Individual customer care: Do you really want to push 1, then 2, then 4 to talk to someone about your insurance coverage? Working with a local agent still offers the advantages of individualized customer service. This agent can offer coverage that speaks to your locality as it is more likely they live in your community. They will also have a better knowledge of the coverage their carrier provides and can help you understand all of your options. They may also be aware of more discounts available to you that you may not know to ask for online. In this way they can offer better individualized care. Whether you choose to shop for insurance online or not, you should look at your insurance carrier websites. Insurance carriers now offer detailed information about coverage online. In fact, once you have settled on a carrier you can often answer coverage questions, pay bills, get updates on claims and find useful tip sheets and information on how to better protect yourself and your property. A primary example of this is your health coverage. Most health insurance carriers still prefer you to sign up through your employer or an agent. However, once you have your coverage, they offer information about doctors, medical options, prescriptions, and claims. Considering health care is one of the most complex types of insurance used, their increasing online presence is an invaluable tool. To explore online insurance options more, please see the links below. More Information Online Insurance Comparison Sites Insurance.com http://www.insurance.com/ Quicken https://secure1.insweb.com/cgi-bin/gic.exe?id=UzB94xbaYQ-wpGWHlZbh8l8ZtxL&page=/gic/Quicken.htj InsWeb http://www.insweb.com/ Insure.com http://www.insure.com/ Insurance Company Rankings AM Best Company - Insurance Reports http://www.ambest.com/homepage.asp Consumer Reports (requires membership for ratings) http://www.consumerreports.org/cro/money/insurance/index.htm Standard & Poor's Ratings http://www2.standardandpoors.com/portal/site/sp/en/us/page.topic/ratings_fs_ins/2,1,5,0,0,0,0,0,0,0,0,0,0,0,0,0.html?lid=us_fo_ratings_insurance US News & World Report - Top Health Insurance Companies http://health.usnews.com/sections/health/health-plans/index.html State Insurance Regulators http://www.consumeraction.gov/insurance.shtml Online Insurance articles. http://www.onlineinsurance.com/ When purchasing any product online you always want to make certain it is an authentic website representing a verifiable company with a good reputation. Here are some tips for a safe and rewarding online shopping experience: Be assertive in getting answers about an online company you have not worked with before. Learn as much as you can about them and ask tough questions. Check reviews online, in magazines, with your Secretary of State/Attorney General, the Better Business Bureau, or by word of mouth. Call them up and talk to their customer service. If they don't list a contact number be careful. Review posted company information, policies and the privacy policy. If they do not provide this online, you can move on or call them up to ask why. Make sure any payments are made in a website with https or other secured system. Keep a printed copy of every online transaction. Consider using one credit card for your online purchases/payments. This way you know which to cancel in case of fraud. Also, make sure the card is not linked to any bank account. Some prefer getting a pay as you go credit card for any online transactions. These can be found at any grocery store and can be refilled as needed. Keep your computer updated with anti-virus software, browser updates and spyware programs. NEVER provide personal information from an email they supposedly sent to you. This is a common phishing scam. Everything in the email will look legit but lead to a false site collecting your information. Instead call the company with the number on your contract - not the number given to you in that email! Initiate contact yourself. Go to their website yourself from the address they gave you on your contract. To be on the safe side, never go to their website from an email. Don't give account information to anyone. Your online providers have this information and if anything will be emailing you a forgotten password - never vice versa! Change your account passwords often; every six months to once a year. Use strong passwords with numbers, symbols, changes in case and at least 6 characters.

Decorating on a Budget

A few ideas for decorating without a lot of money.

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For some of us, there comes a point in our lives when we look around our dwelling and realize the college student look has to go. Others of us look around and see an eclectic mix of sad and worn hand-me-down furniture. And a few of us are just, well, bored with the décor we have had for the last five years.

To redecorate your home, you don't need to spend a whole lot of cash. Granted, a major remodel, such as a kitchen or bathroom, will be a whole different story (and an article to come later this year). However, any space in your home can be given a fresh look with easy do-it-yourself projects at minimal cost.

 

Décor Ideas for Any Room:

Use What Ya Got - Many times we become so accustomed to seeing things in the same place we don't consider their potential in another area or room of the home. Rearranging furniture and décor can give any space a new look.

  • Consider how you use the space first, do you find some rooms are used all the time and others hardly at all? Frequently used spaces can easily become cluttered. Perhaps there is something you can move to a less used space to bring new purpose to that area. Convert a scarcely used nook to a game table or move a small bookshelf and add a lamp next to that comfy chair no one ever seems to sit in. Think outside the "box" of your previous layout.
  • Similar to the point above, consider some of your larger pieces of furniture. Moving a piece out of the room into another may help free up space in one and redefine another.
  • What is the flow of your rooms? Do pathways from one doorway to the next make sense? Perhaps everyone seems to be ducking in front of the couch to get by the TV when there is room to move the couch away from the wall. Contrary to popular belief, the couch does not need to go against the wall!
  • Take established pieces and reinvent them. No, the modular sofa does not have to be one formal island in the center of the room. Break it up and add lights, or end tables to help recharge the room.
  • Besides furniture, consider what you have hanging on the wall as well. Do you have old paintings that no longer appeal to you or the space? Do you have new photos that you can't seem to find a place for? If you are rearranging furniture, take pictures off the wall first, you don't want to be boxed in with idea to leave wall space for this or that. Afterwards, look at the new blank walls and consider the possibilities. If you are not rearranging furniture, still take the pictures down. Leave them down for a couple days and come back to look at the room as fresh as possible - what do you really miss being up there, what would you like to add, or perhaps, do you prefer a more blank, uncluttered wall?

Color Me New - A splash of paint can go a long way! Repainting walls can be a lot of fun and the best part is that if you don't like it you can just paint over it! Of course today there are great programs at the do-it-yourself stores that help you customize colors and paint styles before you begin. And painting doesn't have to stop at the walls!

  • Repainting the ceiling can help to brighten a room considerably.
  • If you have old painted trim, you may want to consider splashing on a fresh coat of paint or changing the color altogether.
  • Painting old furniture can reinvent it and is something kids can get involved with if redecorating their own room.
  • There are paint sets out there to help repaint anything with a surface. You can give any end table, lamp or bookshelf a new antiqued look. For example, we had some white metal dining room chandeliers that clashed with our house, it was easy to dismantle them and paint them with a rusted look and this saved us buying chandeliers that would otherwise have cost $200 a piece! I admit, we did this with the thought that we would replace them "down the road," but since their makeover they have stopped being an eyesore and we have even received compliments on them - most didn't realize they were painted until we said something!

It's ALIVE! - Plants can do wonders for the home. Some believe that you should have a plant in every room. Large potted plants can help give life to blank corners or help set up the outline of a nice path throughout a room. Smaller potted plants can add color to the window or shelf. It must be admitted that although nice idea, not all of us have a green thumb and lack of light may doom some of our green friends from the beginning. Many of the silk plants these days look very real, however, they are not for everyone. Another alternative is fresh cut flowers. Get enough small vases and one bunch can be used throughout the home and greet you everywhere from the bedroom to the kitchen.

Instant Relatives - "Instant relatives" is a phrase my friend uses for the photos of people in the new frames you buy. If you bought a frame 6 months to a year ago and still have those "instant relatives" you don't know staring at you, then you have just found one of the easiest home décor projects! If you don’t have new frames, they are an inexpensive way to help any room. And remember, all the frames on one wall don't always have to match; sometimes the mix match look of your décor is what can give it personality! Once you have some frames you like, fill them with memories or art you enjoy having around you. Today it is easy to enlarge photographs and add effects to them. Enlarge one of your favorite photos of Scotland or collage your last family vacation. Fill the frames with photos of family, friends, vacation scenery, art prints, artwork by the kids, favorite postcards or cards, the list can be endless if you let your imagination run with it; make it fun!

Facelift Under $20 - Many times just adding a few small pieces can help a space. At many department stores you can find: candles, sconces, mirrors, frames, framed art, plaque art, photo holders, statues, ornate boxes, pillows, table runners, etc. Any of these smaller items can be combined to add a unique design to your space. Also, many department stores package themed art (southwest, modern, Victorian, African, etc.) to help you create the design for the space you want. These series often go on sale as one design set makes way for another, leaving you a chance to find some great decorations with a little planning and patience.

Oh Just Hang It! - The softness of fabric in a room can make a major mood change. Drapes are one of the easiest ways to change the look of a space. You can get drapes relatively cheap these days. I have both purchased and made my own drapes and consider it a draw. I was able to get better fabric quality when making my own, but the time and headache (I'm not a sewing expert) did cancel out some of the ease of just buying them. Others have been smarter than me and buy a fabric they want, simply seem the edges and then hang them freely over the curtain rods. Another consideration would be bamboo or roman blinds, some find these a more colorful and cheaper alternative to standard blinds.

Camouflage the Old - Covering up what you already have can be a great alternative to buying new furniture. Covers for sofas, tables and chairs can help you bring new colors and patterns into your room. Again, you can make these items yourself or purchase them in the store. Unless you a proficient with the sewing machine, it may be easier to purchase some of these items. Sometimes even cushions and pillows can help cover up worn spots or add color to a drab space. While we are covering things up, you may also consider to use rugs to cover up and change the pattern/color or old floors. Especially for older hard wood floors or pergo, this can be a great way to spiff up your room.

The Finer Details - Another detail that can be changed on a small scale but effect a room on a large scale is your hardware and fixtures. Changing the hardware on cabinets can reinvent your kitchen or bathroom. You can also replace fixtures such as light casings, towel holders, toiletry and soap holders, etc. Changing these items can help change the room from modern to antique or vice versa (just for example). Many department stores sell fixture sets that can be a quick and easy facelift to any bathroom.

Just Say No to Clutter - Finally, one of the most effective ways to redecorate your home is to get rid of clutter. This doesn't just mean picking up bits of paper. This can also mean getting items to help you organize. Many stores offer beautiful baskets, tins or other containers that can be used to organize your madness. Adding a bit of shelving, a chest, a large basket or an ottoman that opens up for storage are just a few ways you can change the look of the room and give yourself storage space. Changing a room from cluttered to organized can have a dramatic effect on the décor and overall feel of the space.

Conclusion

Redecorating your home on a low budget can include inventive use of what you already have to inexpensive updates to your room such as paints or wall hangings. Obviously we have only touched a few methods here. Hopefully this list helps you think outside the box and consider other ways you may utilize the spaces in your home. Still want to see more? Check out a few of our suggested links on the right. Happy decorating!

Further Reading

About.com

If you long for a beautiful home, you have come to the right place! Learn about home decorating, get tips for projects, find directions for how-to's, and advice from About Guide to Interior Decorating, Coral Nafie. Take a look!

Behr.com

Get interior design ideas from dozens of articles and hundreds of images.

BHG.com

Join us for truly inspiring decorating ideas, easy projects, step-by-step how-tos, practical home improvement tips, remodeling ideas, and home plans -- from Better Homes and Gardens family of magazines.

CountryLiving.com

Home decorating ideas, craft projects, home accents, renovation tips and more country style from Country Living magazine.

Do-It-Yourself.com

Decorating and painting is a key ingredient to a beautiful home. Before you begin decorating or re-decorating your home, learn more about painting techniques and preparation, selecting paint colors and finishes, decorating and designing trends, and interior décor, accents and furnishings. Home decorating has never been easier!

HGTV.com

Learn more about decorating and interior design ideas, projects and how-to from videos on Home & Garden Television.

KatieBrownHomeWorkshop.com

This is the official website for Katie Brown and the Katie Brown Workshop. It is the place to shop and buy Katie Brown books and provides information regarding lifestyle and domestic guru, Katie Brown and answers any questions you have about Katie Brown’s books, products, columns, Podcasts, or her televisions shows including the Katie Brown Workshop on Public Television.

MarthaStewart.com

Different ideas from her show and magazines.

RealSimple.com

Magazine and TV show about simplifying your life. Includes home solutions, meals, special features.

Famous Haunted Homes

Perhaps it wasn't the wind that slammed the door shut or there really is no one to match the footsteps down the hall?

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Perhaps it wasn't the wind that slammed the door shut or there really is no one to match the footsteps down the hall? Or maybe it is a great marketing ploy for bed and breakfast inns and historical societies? Or maybe people are comforted or enjoy the idea of hauntings? Okay, so not all of us believe in ghosts, but the stories and histories behind many haunted homes can be just as unique as their "spiritual" residents. For a little fun and change of pace, we have compiled a short list of famous haunted homes and buildings in America. Dim the lights, sit back and enjoy a little Halloween-flavored fun and learn a little history too!

*Many haunted houses seem to get their start from murder or untimely death. Although we have not gone into graphic details here, please note that if you follow any of the links to the right, some of these sites do go into much more (sometimes gruesome) detail!

Alcatraz Island - San Francisco Bay, CA

The History: Not a house per se, but people "lived" there right? Anyway, Alcatraz started as a military fort in 1850. It was used as a military prison and then a federal prison after 1934. In 1963 the prison was closed due to the cost of operations. As a prison, Alcatraz had a reputation of being a hard place to live in which prisoners were there to be shut away rather than rehabilitated. Punishments could be harsh such as restricted diet, solitary confinement, and hard labor. There were the now infamous solitary cells like the "strip cell" and the "hole" that even made the most hardened prisoners think twice about breaking any rules.

The Haunting: This place was creating ghost stories before being shut down. Guards retell odd tales of ghosts attacking inmates or making noises. Today, there are still many haunting "hot spots" on the island. There is the utility corridor where three escapees were gunned down; this doorway is now welded shut but many say there is the sound of clanging against the door; perhaps something wants out... There are also reports of running in the corridors, voices in the cells and medical ward and screams from the dungeons and isolation units.

How to see it: Tours are available of the island and complex. Depending on the time of year, you may have to use different ferry system to the island. 

Driskill Hotel - Austin, TX

The History: Jesse Lincoln Driskill opened this hotel in 1886. The hotel was grand and luxurious, funded by his success as a cattle baron. In 1888, the family lost its fortune due to drought and a cold winter that killed most of the cattle. The hotel then changed from owner to owner with the most recent change of hands in 1995.

The Haunting: Driskill is claimed to still wander the hotel, puffing cigar smoke and turning lights on and off. There is the ghost of a small girl, daughter of a Senator who was left unattended and fell to her death while playing with her ball - she can still be heard bouncing the ball today.

How to see it: The hotel is open to guest today and offers all kinds of luxury and pampering. 

The History: Hannes Tiedemann built the house in 1865. Unfortunately, they lost four children in a short amount of time leading to some speculation of unnatural deaths. The house architecture aids in the mystery of the house as there are secret passageways and hidden rooms throughout. There are also rumors of Tiedemann having affairs that lead to jealousy and ultimately, to murder. One of the most tragic tales is that of Tiedemann hanging his niece to put her out of misery from her insanity or to punish her for her promiscuity.

The Haunting: Past residents have heard a small child crying and heard footsteps out in the corridor. There is also claim that the tower room where the "woman in black" can be heard choking. Lights also swing around and some objects have been moved or thrown.

How to see it: Today the mansion houses a private club restricted to members and their guests. It was rumored at one time they would eventually start tours to the building, however, nothing is posted on their website about this yet.

Heceta House - Yachats, OR

The History: This house accompanies a lighthouse on the Oregon coast built in 1894. Many families occupied the house complex over time which included a post office, school and the light house. But it is only the keeper's house that has tales of hauntings. Many believe this is the mother of child who fell off the cliffs back at the turn of the century.

The Haunting: The ghost named Rue is said to be an extra caretaker of the house. She makes it known if she is displeased with any activity in the house. One of the more humorous accounts was of her screaming in the middle of a card game, she didn't want them playing cards in her house!

How to see it: This house is now a bed and breakfast. It also has guided tours from its interpretive center. Although the current owners don't play up and advertise the ghost they have said guests have told them of strange encounters. 

Hickory Hill House - Equality, IL

The History: This house was built in 1842 by John Crenshaw. Although it was illegal to own slaves in the state of Illinois, it was legal to lease slaves from slave states to work in salt mines. John Crenshaw leased slaves from nearby states to work in his salt mines. It is also said that he would kidnap free blacks and force them to work in his mines and eventually sell them into slavery. All the slaves where kept in the upstairs attic in horse stall-like cells that opened to one large corridor. John Crenshaw had a particularly nasty reputation for cruelty and abuse.

The Haunting: The house opened as a tourist attraction in 1930 and many claimed to hear the rattling of chains and muffled cries from the attic. The home had the reputation that no one could spend the night. In 1978, a reporter named David Rogers was the first to spend a whole night in the house.

How to see it: Currently the house is protected by the Illinois Historic Preservation Agency and closed to the public. A grant was received in late spring 2006, hopefully it will be able to reopen soon!

Lemp Mansion - St. Louis, MO

The History: This house was purchased by William Lemp around 1864 to use as a residence and office for the family brewery. William's father had used a family recipe/method to create a lager beer. This beer quickly became popular and William's father abandoned his grocery store to become a full time brewer. The beer continued to be made by the family until 1922 when family mishap and prohibition forced them to shut down and sell for good. The mansion itself has a sorrowful history with one brother dying under mysterious circumstances and three other men of the family committing suicide inside.

The Haunting: With three suicides one can easily guess where the idea of ghosts haunting the mansion started. However, the families odd history of tales also leads to the idea of more ghosts. There is the rumor that William Lemp had an illegitimate son with down syndrome who was kept hidden in mansion attic his whole life. He is now said to be seen haunting the mansion and has the nickname "Monkey Face Boy." Tales of haunting first started after 1949 when the mansion was sold and turned into a boarding house. Strange knocking and footsteps throughout the mansion scared the tenants away so the house started to run into disrepair. In 1975, the mansion was saved and renovated and turned into a restaurant and inn. All types of sights and sounds have continued and are still reported today.

How to see it: Spend the night! Or take a tour if you're too scared... The mansion is a bed and breakfast that offers tours and a restaurant to those who don't want to spend the night. They also host a Halloween Party and Murder Mystery Dinner Theater. 

Lizzy Borden House - Fall River, MA

The History: As with so many haunted homes, this story begins with a murder. On the morning of August 4, 1892, Andrew and Abby Borden were murdered by ax in their home. Their eldest daughter, Lizzy was tried and latter acquitted of the murders. However, she was ostracized from the community for the rest of her life. Some consider that she had a split personality, even those close to here recall erratic and violent behavior. And of course there was the creation of the rhyme: Lizzie Borden took an ax Gave her mother forty whacks; When she saw what she had done Gave her father forty-one!

The Haunting: There is a strange woman who tucks guests into bed and perhaps the same woman can be heard weeping in the night. Objects move on their own and electrical equipment such as lights and cameras have some interference. Many claim the most active room is Lizzy's old bedroom - which you can stay in if you want...

How to see it: The home is now a bed and breakfast. You may spend the night, take a tour or even spend a weekend at Ghost Hunter University! To find out more,click here.

Myrtles Plantation - St. Francisville, LA

The History: This home was built by David Bradford in 1794 but stories of hauntings did not start until the 1950's. The house had a long history with many different owners. There is only one recorded murder of William Winter in 1871. However, there are many tales that are told about the home to justify the hauntings. Most of these seem to be fabricated tales, but many say that is just because the house is so haunted, people needed to make up some kind of explanation.

The Haunting: Among the haunting activity is the ghost of a woman in a green turban who some believe to be the ghost of a slave killed for poisoning the head mistress and her two daughters. Others claim that there is a woman but she is not a young slave but an older, unknown woman. There is also a little girl who has appeared as well as a frustrated piano player who continuously practices the same cord over and over on the old piano.

How to see it: You can dine in the restaurant, take a tour or spend the night. The choice is up to you. 

Villisca Ax Murder House - Villisca, IA

The History: On June 10, 1912, the Moore family and two overnight guests were brutally murdered. The ax murder of two adults and six children horrified the community and its story still horrifies people today. Regardless of the unprecedented effort of police, detectives and neighboring departments at the time, the case remains unsolved to this day.

The Haunting: The most common account seems to be of children's voices in the house. Things will also move unexpectedly and lamps won't stay lit regardless that there is no breeze in the home.

How to see it: Tours of the home are available through the Olson Linn Museum. They also offer night tours, but these must be arranged in advance.

Waverly Hills Sanitarium - Louisville, KY

The History: Okay, not a house, but since it has such a grand reputation of being haunted, we thought to include it. Waverly Hills opened as a hospital for tuberculosis patients in 1926. Tuberculosis was a dreaded killer of the time and most of the patients who entered would die there. It is estimated that at the height of the epidemic a patient died every hour. This large complex had a long tunnel nicknamed the "body chute" where the bodies were transferred to a train at the bottom of the hill. It was covered so patients would not be disheartened by seeing the number of dead being removed from the hospital. Because Tuberculosis was not well understood, there were many experiments that occurred, some were beneficial and some were more brutal leading to tales of mistreatment and abuse. In 1982, the hospital was shut down under allegations of abuse.

The Haunting: The tales of hauntings started after the hospital was shut down and allowed into disrepair. Transients, vandals and kids would break in. Stories began to spread of small children playing in the halls, lights going on when there was not power, doors being slammed, voices crying out, and various other ghoulish activities. One specific spot, room 502, is on the floor where the mentally ill tuberculosis patients were housed. This room was the nurses station where two nurses committed suicide on separate occasions for reasons unknown.

How to see it: There are tours run by the Waverly Hills Historical Society. Tours must be arranged as this is a private site and trespassers will be prosecuted. Overnight tours can also be arranged in advance.

Whaley House - San Diego, CA

The History: This house was a home, granary, court house, theater, ballroom, billiard, school and polling center. It was also the site where criminals were hanged before the house was built. Once built, it also had the tragic history of one of the Whaley girls committing suicide inside.

The Haunting: There are many ghosts in the Whaley House. There is "Yankee Jim" who was one of the criminals hanged at the site. He now stomps around the house with a heavy step and even the first family, the Whaley's, reported hearing him in the house. Thomas Whaley, the first owner of the house has been seen lingering around the upper landing. Thomas' wife, Anna, also wanders the downstairs and the garden. There are a few other apparitions and even a little fox terrier ghost dog that is seen on occasion!

How to see it: This house is now a museum and is open for tours on most days. Their website has more details about times and price;

White House - Washington D.C.

The History: The White House became the home to our presidents in 1800 with President John Adams being the first resident. There have been many presidents and first ladies in the home and some have decided not to leave...

The Haunting: President Abraham Lincoln is the most popular ghost with the most sightings. The first to see him was First Lady, Grace Coolidge. He has also been spotted by guards and guests. Other presidents that like to make an appearance are President Benjamin Harrison, President Andrew Johnson, President John Tyler and President Andrew Jackson. First Ladies that have made appearances include Abigail Adams and Dorothea Madison. There is also the apparition of a black cat which has been said to be seen before national tragedies such as the stock market crash of 1929 and before the assassination of President Kennedy in 1963.

How to see it: Of course you can still visit the White House today.  Winchester Mystery House - San Jose, CA

The History: Sarah Winchester, daughter-in-law of Oliver Winchester, manufacturer of the Winchester rifle, began the construction of this house in 1884 and kept the project going until her death 38 years later. The legend says she constructed the house continuously to confuse the bad spirits of those killed by the Winchester rifle. In the end it had 160 rooms, 47 fireplaces and various oddities such as doors leading to a sudden outside drop or staircases leading to the ceiling.

The Haunting: Some of the ghosts are said to have been invited by Sarah Winchester as she is said to have held a séance with them every night to determine the construction for the next day. Reports of footsteps, doors closing and opening, cold spots, and other paranormal behavior have been reported. However, some skeptics in the ghost hunting world believe the mansion is more of an oddity than a true haunting ground. Guess you'll just have to go to find out for yourself!

How to see it: The mansion is open to tours today. You can select a standard tour and see 110 rooms and their various oddities and details or you can also do a behind the scenes tour to see how the house functioned. 

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.