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.

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

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

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

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

Part I: The Exterior

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

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

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

Part II: The Interior

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

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

Conclusion

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

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

Emergency Preparedness:

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

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

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

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

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

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

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

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

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

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

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

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

Clean up the outside.

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

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

Touch up the interior.

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

Replace bathroom and kitchen fixtures that are worn or leaking.

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

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

Get rid of any bad smells in your home.

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

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.

IMPORTANT HOME INSPECTION TIPS

1. Order a home inspection soon after your purchase offer has been accepted. Real estate contracts typically allow a limited number of days to complete a home inspection (and then to request repairs, if applicable). 

2. Reputation is important. Choose a home inspector who is known for competence and professionalism — a referral from your lender or realtor is a good place to start. Make sure the inspector you select has access to ongoing technical support and offers you post-inspection advice, if needed.

3. If the home has been vacant, ask the seller to have all utilities turned on during the home inspection. Failure to do so may require a second trip to the home and may involve additional fees. To properly evaluate the home, an inspector must be able to operate all systems.

 4. If your inspector recommends a further evaluation, have a specialist in that area conduct a more extensive examination prior to closing.

5. Be sure you understand all conditions identified in the inspection report and reported defects/and or areas of concern have been resolved to your satisfaction before closing. 6. Your inspector can arrange for other services such as radon screening, termite inspection, water analyses, lead-based paint testing and septic/well system evaluation. Take advantage of your inspector’s contacts when necessary to further minimize unexpected after-sale problems or hazards in your new home.

More information at: http://www.southernhomeservices.biz/index4.htm