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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.

Preventive Maintenance Tips for your Home-Part 3

This month we have completed handy tips for every 6 months.

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Welcome back to Rocky’s Corner! Last month we discussed Part 2 of an 8 part series of Preventive Maintenance Tips for your Home that included every month and every 3 months suggestions.

This month we have completed handy tips for every 6 months. Every 6 Months

SMOKE AND CARBON MONOXIDE DETECTORS: Change batteries and check to make sure they are operating properly. Check with your local building department to see if newer codes recommend adding more detectors than were required when your home was built Consider installing a carbon monoxide detector if you don’t currently have any.

BASEMENT AND FOUNDATION: Check for cracks and moisture and make any necessary repairs.

TOILET: Check for leaks in water feed, tank bottom and repair or replace the toilet if necessary. Consider changing older models for newer.

INTERIOR CAULKING AND GROUT: Inspect caulking and grout around tubs, showers, and sinks; clean and replace if deteriorating.

PIPES: Check your pipes for rust or white lime deposits that may indicate a leak is starting; replace if necessary. Check for leaking around the outside hose bibs. Install insulation around outdoor water pipes to protect from freezing.

WATER HEATER: If you do not routinely flush a quart of water from the tank four times a year, then every six months you should turn off the power source and drain it completely until it’s clear of sediment. Also inspect flue assembly (gas heater); check for leaks and corrosion. A leak usually means the bottom of the storage tank has rusted through. You’ll probably benefit from replacing it with a more energy efficient model.

CENTRAL AIR CONDITIONING SYSTEMS: At the beginning and end of each cooling season, vacuum out the unit and lubricate the motor. If the unit is not cooling properly, contact a technician to check the pressure level of the refrigerant.

GUTTERS AND DOWNSPOUTS: Clear/install/repair gutters and downspouts and make sure the runoff is directed away from your home so it can’t erode the soil around the foundation or run into your basement or crawl space. Install gutter accessories to divert water, channel underground drain lines into existing yard drainage or storm sewers.

NATURAL STONE TILES AND SOLID COUNTERTOPS: Natural stone needs regular maintenance every six months by sealing with an impregnating liquid silicon stone sealer to help repel both water and oil based stains more effectively and be much easier to clean with proper cleaning solutions and methods.

INSPECT YOUR ROOF: Check for warping, aging, moss, and cracking making sure that shingles, shakes or tiles are sound and repair as needed. Inspect the flashing around chimneys, skylights and vents. Seal cracks or openings where water could penetrate. Consider a roof replacement if you notice considerable wear or damage.

SIDING: Inspect siding (especially on the south and storm sides of the house) for evidence of deterioration, including cracks, splintering, decay, and insect damage; clean, treat and repair as needed. Brick and stone: check joints between wood and masonry Waterproof, repair or repaint. Wood: look for lifting or peeling paint, splitting wood or areas where the wood grain is separating . This is evidence that water is getting into the siding. Stucco: a chalking residue that rubs off on your hand is evidence of oxidation, a deterioration of paint or color coat that reduces stucco’s insulation value. If the stucco is cracked, this allows water to get in around windows and doors. Trim: look for peeling paint on the fascia boards, window sills and sashes that could allow water in to form mildew and fungus on the interior of your home behind curtains, blinds and window coverings.

LANDSCAPING: Cut back any trees or shrubs that are touching the exterior. Prune deciduous and flowering shrubs regularly to promote healthy growth, control plant size and shape, and increase the number of flowers and fruit. Check with a local gardening service or your county extension agent for information about appropriate measure in your area for fertilizing, thatching, aerating and reseeding lawn, and controlling disease and insects in all your landscaping.

DOORS AND WINDOWS: Clean exterior of upper-story windows twice a year; clean and lubricate sliding-glass-door tracks and window tracks. Lubricate door hinges and locks.

WEATHER-STRIPPING: Check the weather-stripping around all doors and windows and replace if necessary to reduce drafts and the loss of heated and cooled air. Join me next month for Part 4 of our series on Preventive Maintenance Tips for your Home. We will be discussing Maintenance Tips for once a year. Visit us at www.freminshomeimprovement.com

Bathroom Remodeling Homecheck

Your bathroom is where you prep to start your day and where you wind down at the end of the day.

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Your bathroom is where you prep to start your day and where you wind down at the end of the day. From a nice hot shower to an at home spa, the bathroom is an important room in every home and to our daily lives. However, it can be the room most overlooked when it comes to decoration and/or remodeling. It shouldn't be. According to Contractors.com, remodeling your bathroom can yield an 80-90% return in the value of your home. Adding a new bathroom can also easily give you a 90% return in the value of your home. Improving this room can, therefore, be a savvy investment in your property. But it can be more than just a wise investment. Updating your bathroom can make this at home retreat more inviting and invigorating. Take the time to make a bright, friendly room to jump start your busy work day, and a calm, peaceful room to help you wind down in your own do-it-yourself spa retreat. Below, we provide some hints and tips for your bathroom makeover. Whether just changing a few decorations or completing a major remodel, we hope you will find something beneficial for your bathroom remodeling project.

Part I: Decoration Makeover & Small Remodel - This decoration makeover includes simple, do-it-yourself solutions for a quick update. Many of these changes could be done in one to two days. Some of these remodel items may take longer.

Make a Plan - The fist step to any decoration makeover or remodel is to set out a plan for the project.

  • Determine your budget and time. Both will help determine what you can do. You may need to consider doing the project in stages or altering your original ideas. Planning ahead will help make certain you do not end up with an unusable bathroom for weeks or even months!
  • Consider what the bathroom is lacking such as do you have enough functional space, storage space, lighting, etc.
  • Does the room have any items that need updating? This can anything from the toilet to the outdated wallpaper on the walls.
  • What do you envision for the space? Do you want a Zen retreat or a homey B&B feel to the room. Consider what you want the completed room to look like. Do you have anything in there that fits this idea now? Or will it be better to start from scratch?
  • How much experience do you have with remodeling. Are you limited to painting the walls and changing hardware? If some of your ideas seem over your head, you may want to consider hiring a contractor, plumber or electrician. For more information about a major remodel projects, see below.
  • Finally, if you want a change but are drawing a blank with ideas, consider hiring an interior designer. Some people are hesitant about hiring an interior designer because they think they have to use them all the way through. But indeed you can work with them to make a project plan and project manage the remodel yourself. Or you can also hire them to follow the entire project from start to finish.

Cabinets and Storage - You may want to replace or add to your existing bathroom cabinets.

  • Changing a mirror to a medicine cabinet can help add space above your sink.
  • Adding cabinets can help you store essentials for the bathroom from towels to extra soaps and supplies. There are many styles of cabinets available.
  • You can get stand alone cabinets or wall cabinets that fit above a sink or toilet that provide quite a bit of extra space. You can also consider changing your sink cabinet. A new design can offer an updated look and add more storage space to your bathroom. **You may wan to consider hiring a contractor for this type of work!

Walls - Is the paint or old wallpaper making the room too dark, out of date, or showing damage or spots from mildew?

  • Determine your new color scheme or theme for the room before painting or wallpaper goes up.
  • Give a fresh coat of paint on the walls! Wash the walls down first and check for mildew. Any light mildew will need sanding and bleaching. Then clean the entire surface to be painted with TSP solution. Although a bit shiner, you may want to consider a satin or even semi-gloss paint as these will make your walls easier to clean and more resistant to constant cleaning. Just keep in mind, the more glossy paint will show imperfections in the wall itself.
  • If you decide to wallpaper a bathroom, keep in mind the moisture content of the room. Also consider how often you may be cleaning certain walls near a sink or bathtub.
  • Consider combining a new coat of paint with a wallpapered trim!

Lighting - Again, how bright is the space? Is it too dark or too bright and harsh?

  • Replacing the light fixtures can help you add more soft light in your bathroom. Try to avoid glaring harsh lights as these can be very unappealing.
  • Consider two light switch options for the room: one to soft light for general use and the other to brighter light for applying makeup, etc.
  • Consider adding a solar tube or skylight for more natural lighting in the room. **You may want to consider hiring a contractor for this type of work!

Windows - If your bathroom has a window, consider if there are any updates needed to the window when coming up with your redesign plan.

  • If an older window, you might consider replacing the window with a newer one. Or you may want to add additional windows or change the style to bring in more natural light. **You may want to consider hiring a contractor for this type of work!
  • Does the window give enough privacy? You may want to consider updating blinds, curtains or frosting the window to provide more privacy to your bathroom.

Fan - If you have any problems with mildew or don't already have a fan, you may want to consider adding one to the room.

  • Many fans now include overhead lights and can add a more welcoming feature to the room than the loud eye-sores of past models.

Shower Curtain or Door - You can brighten your bathroom by changing your shower curtain or door.

  • Replacing an older shower curtain is a cheap way to help update the decor of your bathroom.
  • Installing a bath/shower door can help lighten the space of the room. This can also help make cleaning easier and cut down on mildew or damp spots if this has been a problem. Many times shower curtains will let condensed water sit or runoff the corners of your tub or shower. A well sealed bath/shower door can help.

Hardware - Changing out your old hardware can be one of the easiest updates to the bathroom.

  • Add a new towel rack or completely change the set to start a new color scheme with a brushed nickel, bronze etc.
  • You can add a spa feel to your bathroom by adding little upgrades like heated towel racks!

Faucet - Updating your sink faucets can help give the bathroom a facelift.

  • Sink faucets can be relatively easy to change out. If uncertain, take a class at a hardware store or hire a professional.
  • Changing the faucets in your bathtub can be a littler trickier. However, again a class or professional can help with this change.
  • If you have a showerhead, this can also be changed out to complete your new look and perhaps add a more spa like feel to the room.

Sink & Countertop - You may want to replace or refinish your sink.

  • If you are already replacing your sink cabinet you may replace the sink at the same time if you get an all-inclusive unit.
  • Consider adding another sink if you have the space. Many new vanities include a two sink option.
  • You may also consider changing the countertop if the sink itself is fine. There are many styles of laminate to choose from or you may change the template completely with a new cabinet.

Mirrors - A mirror is an essential item to every bathroom.

  • Consider updating your mirror if crackled or out of style.
  • How do you use your mirror? You may want to consider mirrors that hinge out to provide angles or depth when needed or one that offers different strengths of magnification.
  • Mirrors can also be decorative items! Mirrored sconces or tiles on the wall can help to give a dark corner light or a narrow space depth.

Refinishing & Liners - Refinishing or lining your tub can be a great way to make it look new once again.

  • You can refinish your own tub, but you will need a respirator, spray gun, sander, chemical cleaners and will need to also purchase an acrylic top coat. The actual refinishing product can be purchased as a kit. Keep in mind that there will be a 30-60 minute wait between about three coats of acrylic and a 24 hour set time. Needless to say, this will be a time consuming project that will take patience, clear ventilation, patience, time, and patience. **You may want to consider hiring a contractor for this type of work!
  • Another option is inserting a bathtub or shower liner. This is a task you can do by yourself with some careful planning and a few extra helping hands. There are also many dealers offering liners and installation for reasonable rates. **You may want to consider hiring a contractor for this type of work!

Tiling - Does your tiling need replacing? If you have the time and skill, this can be a great update to any bathroom.

  • Again, consider your timeline, budget and skill before taking on a task of this magnitude. Consider a deep clean. Giving your tile a good clean can help breathe new life into them. Some also find it beneficial to selectively replace specific tiles and re-grout lines rather than replacing the whole wall.
  • Consider this option if you are on a tight budget.
  • Make arrangements to be without your bathtub for a while if you plan to retile this area. Although the tiles and grout may set at specific times, you may need longer to work it out if taking it on as a do-it-yourself project.
  • If tiling/retiling a floor, consider how you are going to move the toilet and sink/sink cabinet or if you are going to tile around them.
  • Be patient with any tiling project, take it slow as this is something that should last a long time.

Vinyl Flooring - If tile flooring is not for you, you may want to consider replacing your existing vinyl flooring with an updated vinyl.

  • As with tile flooring, consider your timeline, budget and skill before taking on this task.
  • Consider how you are going to move the toilet, and sink/sink cabinet or if you are going to tile around them.
  • Again, consider taking a class at a local hardware store or hiring a professional if uncomfortable with this kind of work.

Part II: Major Remodel - This makeover includes major structural changes and updates. You may be more likely to need professional help. Also, this type of remodel may include obtaining specific building permits from your city or county.

Make a Plan - The fist step to any major remodel is to create a plan for the project.

  • Determine your budget and time. Planning ahead will prevent unforeseen expenses and help you obtain better estimates from professionals you may need to hire for the project.
  • You may need to get a building permit for some of your changes, especially if you are making major structural changes to the room.
  • Consider what the bathroom is lacking such as do you have enough functional space, storage space, lighting, etc.
  • Does the room have any items that need updating? This can anything from the plumbing to the sink fixtures. What do you envision for the space? Do you want a Zen retreat or a homey B&B feel to the room. Consider what you want the completed room to look like. Do you have anything in there that fits this idea now? Or will it be better to start from scratch?
  • How much experience do you have with remodeling. Are there some aspects of this remodel that you are confident you can complete on your own? Perhaps you don't want to install the sink but have no problem putting in the tile backsplash. Mixing contracted work with do-it-yourself work can be a great way to save money if you have the time.
  • You may want to consult with an interior designer for a major remodel project. They could bring up considerations for the space you may not have thought about.
  • What kind of professional help will you need? Will you need a general contractor, electrician or plumber? Often times even a general contractor may hire out certain tasks (i.e. electrical work) under their supervision. If you know what tasks will need to be done then you will have a better idea of who will need to be hired on to help.

Hire a Contractor - With a major remodel you will very likely need professional help.

  • Interview several contractors and get estimates from each. Ask questions and be bold enough to ask why estimate are different - i.e. if they are using different materials, this is good to know in advance!
  • Many contractors will help obtain the necessary permits for your project. Check and see if any you are interviewing will help with this process. Avoid any contractors who say this or that permit, "isn't really needed."
  • Check to see if the contractor will be sub-contracting certain aspects of your project such as plumbing, electrical, tiling, etc.
  • Find out what they expect from you in getting sub-contractors access to work site, etc. For even more information, please see our article How to Hire a Contractor: Working as a Team on Your Next Home Project.

Permits - Many overhaul projects that effect the structure of your home will need permits from the city or county.

  • If you are removing or adding any walls this may be affected by local or state building codes.
  • You may not be aware of all the aspects in your project that may need a permit. Check with your contractor or if you are doing it alone, check with your local government for guidance.

Cabinets and Storage - You may want to replace or add to your existing bathroom cabinets.

  • Adding cabinets can help you store essentials for the bathroom from towels to extra soaps and supplies. With a major remodel you may have the opportunity to include built-in wall cabinets/closets in your new bathroom. Otherwise, there are many styles of cabinets available. You can get stand alone cabinets or wall cabinets that fit above a sink or toilet that provide quite a bit of extra space.
  • You can also consider changing your sink cabinet. A new design can offer a updated look and add more storage space to your bathroom.

Walls - Do you have room to expand your space?

  • Taking down a wall to add space can do wonders for a small bathroom.
  • Think outside the box. Replace a dividing wall with glass blocks to allow more light throughout the bathroom. Insert small alcoves within the walls to add little retreats for mirrors, candles and other decorative items to make the space more inviting. Some redesigns are using tiles on the walls as a protective "wainscoting" design. Other designs include half walls to offer definition of space without enclosing it. The possibilities can be endless.

Lighting - How bright is the space? Is it too dark or too harsh?

  • Replacing the light fixtures can help you add more soft light in your bathroom. Try to avoid glaring harsh lights as these can be very unappealing.
  • Consider getting an electrician to add light switches. Add one for soft, every day light and another for brighter, utilitarian light for applying makeup, etc.
  • With the help of an electrician you can add recessed lighting, track lighting, or other design lighting updates.

Windows - If your bathroom has a window, consider if there are any updates needed to the window when planning your redesign.

  • If an older window, you might consider replacing the window with a newer one. You can add a special feature like stained or frosted glass. Or consider built in blinds for a combo of extra privacy and easy cleaning. You may also consider making the window larger or adding an additional window to the room.
  • Consider adding a solar tube or skylight for more natural lighting in the room.

Fan - If you have any problems with mildew or don't already have a fan, you may want to consider adding one in the room.

  • Many fans now include overhead lights and can add a more welcoming feature to the room than the loud eye-sores of past models.
  • Consider working with an electrician to get a more powerful fan with more options and better ability to clear moisture from the room.

Shower Door - You can brighten your bathroom by changing to a shower door.

  • Installing a bath/shower door can help lighten the space of the room. This can also help make cleaning easier and cut down on mildew or damp spots if this has been a problem. Many times shower curtains will let condensed water sit or runoff the corners of your tub or shower. A well sealed bath/shower door can help.
  • Another alternative to a shower door is using glass blocks or a tiled wall to separate the shower from the larger room. This adds a decorative feature and more light for the room overall.

Faucet - Updating your faucets can help give the bathroom a facelift.

  • Sink faucets can be relatively easy to change out.
  • Changing the faucets in your bathtub and the showerhead can help complete a new look for you bathroom.
  • If remodeling an older home, a major remodel may be a good time to consider reviewing the pipes and improving water pressure and usage. There are many water saving devices available now that can still offer a good amount of water pressure.

Sink & Countertop - You may want to replace or refinish your sink.

  • If you are already replacing your sink cabinet you may replace the sink at the same time if you get an all-inclusive unit.
  • Consider adding another sink if you have the space. Many new vanities include a two sink option.
  • You may also consider changing the countertop if the sink itself is fine. There are many styles of laminate to choose from or you may change the template completely with a new cabinet.

Refinishing & Liners - Refinishing or lining your tub can be a great way to make it look new once again.

  • Refinishing your tub is an alternative to replacing or lining it. This process will need at least a 24 hour set time. This should be considered if working with more than one professional as work will have to be suspended as the acrylic is applied and sets.
  • Another option is inserting a bathtub or shower liner. Many companies offer the liner and installation for a reasonable cost.

Tiling - Finish your spa retreat with professional tiling.

A major remodel is a great time to get the bathtub, shower, floor and even walls all done at once.

If you want to keep the old tiling, consider this a time to get damaged tiles replaced and grout redone.

New Big Items - A major remodel may also include getting a new bathtub, toilet, sink or custom made shower.

  • If you are doing a different style design you may want to consider changing some or all of your big items.
  • If you are updating an older home, this would be a great time to get a more efficient toilet or better fixtures to aid with water pressure.
  • This is your own spa, maybe it is time to replace that old bathtub with a jetted one!
  • A custom built shower can offer a neat new design and multiple shower spray option for a more spa-like experience.

Final Thoughts

Whether you are considering a small or large remodel, the short list above makes it obvious the possibilities are endless. In both cases, make certain to plan ahead and really consider how you want your new bathroom to function and feel. Have fun, get carried away, and then look at what you can turn into a reality. Get help from the professionals whether it be an interior designer or a general contractor. Or get in your hours at your local home improvement store's classes and put your patience and creativity to the test. Either way, the best part of a bathroom remodel is that once it is done, you can reap your rewards by enjoying your mini spa retreat everyday!

Bankruptcy Law 101

This is the article that no one hopes to need and we would prefer not to write.

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As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

  1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
  2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
  3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
  4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
  5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
  6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
  7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Cracks in the sidewalk

Our home inspector said that parts of our sidewalk are a potential trip hazard.

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Q. Our home inspector said that parts of our sidewalk are a potential trip hazard. We think that he is being too picky and splitting hairs. What do think about cracks in sidewalks?

A. Simple cracks in a concrete sidewalk are not necessarily a problem unless they become large enough to catch the heel or toe of a shoe or the tip of a cane. Cracks normally indicate movement in the sidewalk, and are fairly normal. Most sidewalks that are more than 20 years old will have some cracks. On the other hand, upheavals in sections of the sidewalk can be a liability. Concrete sidewalks typically will have expansion joints at regular intervals. These individual sections of concrete can rise or fall as much as three inches in some extreme cases. The most common reason for upheaval is tree roots. The opposite problem is caused by subsidence where the ground beneath the slab sinks. An upheaval of more than one inch can become a dangerous trip hazard, and a liability to you as the home owner. This type of trip hazard is particularly dangerous at night. In my practice, I always explain this to the client, and encourage them to make repairs.

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.