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.

Garden (noun): a) plot of ground where herbs, fruits, flowers, or vegetables are cultivated b) a rich well-cultivated region c) a container (as a window box) planted with usually a variety of small plants [Merriam-Webster Online]. As seen in the preceding definition, gardens can be functional providing herbs & veggies or they can be landscaped areas of beauty with flowers and other cultivated plants. Whether for an apartment with window boxes and porch containers or a house with acres to play, everyone can create a garden if they want one. There are many wonderful resources online that can help those who want to add plants around their home environment.

First we collected some good, free, online landscaping planners that help you plot out your yard and garden before you plant a single seed. Most come with some plant information but we have also collected a list of plant reference sites that detail plant climate preferences, light requirements and much more. Finally, we have listed sites that offer ideas for unique and complex garden solutions or not so common alternatives to liven up your bit of green.

Part I:

Planning Your Garden Masterpiece Part of the fun of gardening or landscaping a home are the random finds at the local nursery. Ooh! That hasta is beautiful and would look great next to my window! Never mind the poor sage that now gets no light and begins to wither away! Granted this doesn't always happen and not everyone has the time (or the budget) to pre-plan and selectively purchase everything for their yard at one time. However, free online landscaping tools are easy to use and are a fun way to get a little more structure to your garden before you start tossing dirt around. Most of these planners are ideal for large scale sketches. Once the big picture is sketched out, you can more easily concentrate on the smaller parts of the project. It is easy to become overwhelmed by all the plant choices and concepts you may like to try around your home. Having a plan eases the work of the anxious gardner working towards a larger masterpiece. Better Homes & Gardens Plan-a-Garden www.bhg.com Website: Plan-a-Garden lets you design anything from a patio-side container garden to your whole yard. Use your mouse to "drag-and-drop" more than 150 trees, shrubs, and flowers. Add dozens of structures like buildings, sheds, fences, decks -- even a pond. Homecheck Review: You must sign up for online membership to access, but it is free. Opening quick tips offers the only tutorial. Plants are more ‘cartoonish’ which makes it easier to draw out spaces but doesn't help the plant-challenged who may not know what the heck a real Heuchera looks like! There is a option for more plant info that offers info about temperatures and growth height; but very basic at best. I do really like the drag-and-drop with the mouse to place objects. Also easy rotation, zooming and hiding controls. Don’t forget to save your garden; one perk to having an online account is that you may save work on projects and come back to them later. gardenplanner www.smallblueprinter.com/garden/ Website: Arrange plants, trees, buildings and objects using an easy to use 'drag and drop' interface. Use tools to quickly create paving, paths and fences. Then produce a high quality color print out of your design. Homecheck Review: This is a paid program but there is a free trial version you may download to your computer or try online.This program is very basic with both objects and their shapes. This is a better concept planner where you can draw out what you want the yard to look like and then fill in plant details later. Program itself is easy to use, just click drag and click you objects wherever you want. Homestore.com The Garden Designer www.homestore.com/homegarden/gardening/tools/landscapeplanner/ Website: Homestore.com's Garden Designer is the easiest way to visualize the perfect outdoor design! Homecheck Review: There is a simple introduction to the program that gives information by answering common questions. There is no membership requirement to use this program. Like the others it includes a drag and drop interface. Objects are easy to size. Although plants are again clip art, they do offer more variation in look so it is easier to distinguish which plants you place on your grid. However, no information about plant lighting, size and other details are provided. Quick and easy to use, just have a good idea of your plants ahead of time. Lowe's Landscape & Garden Planner www.lowes.com Website: If your outdoor inspiration needs a little help, here is the tool you need. Use Lowe's Landscape and Garden Planner to help build the yard of your dreams. With our design tool, garden and landscape planning are as easy as clicking and dragging. Homecheck Review: This site does request user registration to use freebies. It offers free online newsletters at the time of registration and you can opt out if you choose. Once in the Planner there is a great opening tutorial - turn on your speakers as it is narrated! This program is easy to use with a point-and-click and drag-and-drop tools. When you begin your layout you will be prompted for width and depth of the lot and your region on the US climate map. Hardscapes or objects like your home, driveway and fence are basic images. Plants are listed by sun requirement and type. Plant pictures are basic drawings rather than real images which is not as fun to plan with for those of us with less plant knowledge. Nice features include the sectioning off of areas on the plan so you may work on smaller plots one at a time and printable shopping lists of of your design. NOTE: I used this site the first time a couple of months ago (1/05) and LOVED it, great detail and real images of plants! Recently when I reviewed it again (6/05) it was too simplistic and buggy - many of the radio buttons brought up 0 options to choose from when I logged in the first two times; at the third log-in things started working. And now cookie-cutter-clipart plants rather than images of the real thing? What were they thinking? Blah! Not sure what happened to this once awesome program? Still good and easy to use but not as stellar as before.

Part II:

Plant Reference Sites Solanum Tuberosum? I just wanted a potato... Sometimes the most frustrating or overwhelming aspect of planning your yard can be finding the right plants. Knowing your climate zone is only the first part of the battle. A plant's happiness in your yard will depend on sun exposure, watering, soil make up and all other types of fussy tid bits.Then there is the not so obvious questions of what will the plant look like in 5-10 years. Having a good book to flip through is a good start. The power of the internet is that you have the ability to refine searches and find new hardier plants that may not have been originally strong enough for your region. Below are some online plant guides that can help demystify the abundant world of flora. BBC Gardening Plant Finder www.bbc.co.uk/gardening/plants/plant_finder/ Website: Look up detailed information about thousands of plants using our searchable database. You will find descriptions of the plants and tips about growing them. Homecheck Review: Okay, we know it is not local and there are certain quirks - using centimeters instead of inches!? But seriously, this is an easy to use database. The pictures are great and there are good short plant bios. Burpee www.burpee.com Website: The Burpee company was founded in Philadelphia in 1876 by an 18 year-old with a passion for plants and animals and a mother willing to lend him $1000 dollars of "seed money" to get started in business. Within 25 years he had developed the largest, most progressive seed company in America. By 1915 we were mailing a million catalogues a year to America's gardeners. Homecheck Review: Granted this is a site interested in selling products. But the garden wizard is easy to use and full of good information and pictures. A nice feature is the ability to describe what type plant you need: sun, sow, height and difficulty. The search results come with pictures that may be selected for more detail. This was an easy tool for getting information about vegetable garden plants. Again, due to the fact that they are limited to products they sell not every plant out there will be available for search. Dave's Garden http://davesgarden.com/pf/ Website: Welcome to PlantFiles, the largest plant database in the world with 101,549 entries, 76,918 images and 45,373 comments. Currently entries are from 350 families, 3,587 genera, 22,207 species, and 68,483 cultivars. PF continues to grow through the collaborative efforts of 11,388 gardeners from around the world, most notably the Uber Gardeners. Any registered user may add new plants, images, details, comments, and ZIP codes. Homecheck Review: Finally a database worth checking out! Easy to search, great pictures, and great information about how to sow, grow and maintain the individual plants. An extra plus is that visitors may post comments about their experiences growing the plants listed. HortiPlex Database from Garden Web www.gardenweb.com Website: The HortiPlex database contains plant images and data as well as links to information sources, images and vendors at other sites. Searches may be limited to: just those records with images or links to images; records with vendor links; or, records of botanical taxa. Homecheck Review: Some of the plants listed have information in the actual database which is provided users who leave remarks and pictures. For the most part this database lists other listings out there that reference a particular plant. It is bare bones and somewhat difficult as it is not at first obvious where to click for more information. Disappointing in that most plants only have links to other databases. Would be much better if more users participated and left remarks about the plants they have used or know about. GreenPlace.com (Part of Home & Garden Showplace) www.gardenplace.com Website: Need gardening information and inspiration? Help is just a click away. Homecheck Review: Number of plants are limited to the more common variety. Probably based on what the store carries as well. Easy to use search - really like the show everything option. Nice pictures of the plants. Information for the individual plants is basic, similar to what you would find on the the plant tag at the store. Home Depot Plant Guide www.plant-guide.com/HomeDepotForm.asp Website: Get the information you need to design your garden like a pro. Find out which plants are right for your landscaping project or learn about a particular plant you purchased at Home Depot. Homecheck Review: This site is easy to use. I find doing a broad search by climate and plant category to give the most results. When doing a search like this the results can be substantial (in the hundreds!). Results include list of scientific and common names. Clicking on selection takes you to a more detailed description that includes pictures, scale, uses and much more. For an online freebie, I really liked the usability of this tool. Martha Stewart Living www.marthastewart.com Website: Finding plants for your garden is as easy as picking the features that are most important to you. For instance, for plants that attract butterflies, check that box and your Zone, and click on Search. Homecheck Review: The plant search is very detailed. You may also want to browse by plant type if you are still in the broader planning stage. Pictures are good, usually of the plant feature, flower or fruit). The detail about the plants is wonderful. Definitely a great resource about most plants out there. Another fun addition to this planner is the ability to search plants by 'theme gardens'. Great lists and good way to plan various sections of your yard. Plants Database http://plants.usda.gov/index.html Website: The PLANTS Database provides standardized information about the vascular plants, mosses, liverworts, hornworts, and lichens of the U.S. and its territories. It includes names, plant symbols, checklists, distributional data, species abstracts, characteristics, images, plant links, references, crop information, and automated tools. PLANTS reduces costs by minimizing duplication and making information exchange possible across agencies and disciplines. Homecheck Review: It is not the easiest to browse this database. However, if you know what particular plant you are looking for it is probably in here. Plant information is more scientific. Some plants have pics and some do not. Best for general information about your plants but not necessary a gardening tool. Rock Garden Database www.kadel.cz/flora/kvSearch.html Website: Welcome to the Rock Garden Plants Database. It contains 11253 species with 560 photos and is still growing. For each plant you will find here known synonyms of its name, short description, territory and altitude of its natural location, size, color, bloom, if it is calciphile (Ca+) or calciphobe (Ca-), its type (rosette etc.), cultivation and propagation. Homecheck Review: This site is specialized but has some fun information. Not easy to search but fun to browse. A work in progress shows but still information about plants that aren't as common. MORE SEARCHING... Check out local nursery websites as well. Many of these sites list their plants with pictures and all kinds of good information. Plants will be limited to their selection, but it is another fun way to browse the possibilities. Part III: Unique & Complex Garden Solutions Rooftop need a bit of green? Want to soften and add a natural retreat to your patio? Apartment living have your options limited? No problem! These sites give great ideas for complex and limited spaces. They also offer ideas for container gardens or unique features that any home may enjoy. Finally, these sites also offer advice for various garden problems. We have collected a few examples below. Not every subject for each site is listed below; so take a look at the main link and see what other helpful treasures you may find. About.com-Gardening http://gardening.about.com/ Garden Pests: The following photos illustrate some insect pests and diseases you may encounter in your garden. Mole Control: Mole holes are unsightly on lawns and can be disruptive to the root systems of garden plants. Xeriscape Gardening: Xeriscaping was a term coined back in 1970s in Denver, CO, to mean water wise or water efficient landscaping. Better Homes & Gardens http://netscape.bhg.com/ Container Garden: Create a movable feast of color to match your needs -- whether you live in a country cottage or a New York sky rise. Water Garden: Use water to add sound, sparkle, and movement to your landscape. Wildlife Garden: Make your garden into a delightful refuge for wildlife creatures. Do It Yourself Network www.diynetwork.com/diy/gardening Condo Garden: Even those who live in apartments or condominiums, where space is truly at a premium, can convert a tiny area into an idyllic garden that satisfies the senses and soothes the soul. Container Gardens: Artist and gardener Keeyla Meadows enjoys using containers to experiment with plant textures and colors. Paul James, host of HGTV's Gardening by the Yard, explains how to use container plants creatively. Small Space Garden: Small-space gardening can be a challenge. This segment describes a small Chicago garden that had too much sun on one side and too much shade on the other. Urban Garden: How to transform small spaces into fresh, stylish areas of tranquility, using hip hardscapes and cold hardy perennials. Water Garden: Pond builder Richard Koogle of Lilypons Water Gardens offers advice on maintaining a water garden. Wildlife Garden: [Many subjects from attracting humming birds and butterflies to deterring deer from your yard with plant choices.] Environmental Design & Construction www.edcmag.com Rooftop Garden: The garden roof assembly or “green roof system” has been available in the United States for more than 70 years. Construction consists of two equally important phased applications: the waterproofing application and the garden assembly. The ultimate success of a rooftop garden depends largely on the proper design and installation. Garden Guides www.gardenguides.com Container Garden: Even the smallest patio or porch can boast a crop of vegetables or a garden of flowers in containers. Planter boxes, wooden barrels, hanging baskets and large flowerpots are just some of the containers that can be used. See other Tips & Techniques Organic Gardening www.organicgardening.com Organic Garden: We've gathered the basics of organic gardening for you here. You'll be able to find where to get your soil tested, learn how to manage pests without using chemicals, and read growing guides for vegetables and flowers. Conclusion The above collection of resources is only the beginning. Many more articles, blogs, photographs, and other tid bits about gardening are available on the web. Hopefully this article served to illustrate what a great resource the Internet can be when planning and improving your garden. We have covered landscaping planners, plant reference guides and various garden solutions from problems with pests to space. If you find some of the bits in this article resourceful, be sure to bookmark this page to review it in the future. Happy gardening!

Both the front and back yards of our house offer a buffer between our home and the outside world. Often, especially in the case of backyards, they may be manipulated into a sanctuary outside, giving us a place to relax and enjoy the outdoors at home. Many weekend warriors find outdoor projects fun and rewarding challenges for their spring through fall months. However, sometimes an idea may be too grand or a space too oddly shaped for us to visualize how to put it all together. This is where a landscape designer** may be helpful. These professionals are the "exterior decorators" of the outdoors. They can help in a wide range of outdoor projects whether it be redesigning a whole yard or helping incorporate one feature into your greater masterpiece. They also have an extensive knowledge of plants that will help you find the right color and texture for your yard with a plant that will be happy in that area's light and soil conditions. Before hiring a landscape designer, you should first consider what you want to get out of your yard/project. After this you can begin interviewing different landscape designers to find one that will work with your ideas.

**Frequently today the terms landscaper, landscape designer, landscape architect, landscape contractor are used synonymously. For ease we have chosen to use landscape designer as a "Jack/Jill of all trades" in this article. Keep in mind that these professionals may use the different titles. Also, keep in mind that sometimes your project will require a team of landscape professionals as they may be more specialized. For example, you may hire one landscaper who does only pre-design of the project and hires out the labor to another contractor. Contents: Introduction

Part I: Determining Your Yard Project

One of the major hurdles to your landscape design or redesign will be deciding on what you want to change. Many times the change options can be overwhelming. However, if you concentrate on limitations and functionality of your living space, you will be better prepared to meet with a landscape designer. Here is a basic checklist of things to consider before contacting a landscape designer:

• The most important first step you can take is to determine your budget. Be honest with yourself and set your limit in advance. Once you get started with a landscape designer it can be tempting to stretch your budget. Your landscape designer will appreciate knowing in advance what budget to work in, and your wallet will too!
• **To save money, some do-it-yourself warriors may hire a landscape designer for only a plan and do all the physical work themselves. Many landscape designers will do this and include a list of plants and types of building materials for your reference. Knowing your budget in advance may help determine if this is the best option for you.
• Next you will want to consider your time frame. How quickly do you want things done? Do you need things done by a certain time for an event such as a wedding? Or are you interested in a tackling one area at a time and can spread it out over months or even years? The latter may be considered by those who are interested in purchasing plans but may do most of the physical labor themselves.
• Consider what will be the function of the landscaped space. Are you interested in a gathering place for entertaining guests; a play area for kids and pets; a private hideaway; or a garden for growing flowers and/or edibles? You may even be interested in a combination of more than one of these uses. Also, if you don't use your back or front yard much now, it may help to consider how a change to the space will make you use it more. Or if you are not interested in using it more, perhaps how a change to the design will help with self-maintenance.
• After you have considered the function of your new space(s), you will want to consider any of the hardscapes. These are areas such as patios, decks, paths or anything else that may mean putting down cement, wood, pavers, etc. Knowing what you would like to use for some of these areas will help the landscape designer determine cost and possible layouts. There may also be the chance that the landscape designer will need to contract out some of this work and this effect the price and/or the timeline.
• Think about any particular plants you want to either keep or incorporate into your yard. If you have a tree you want to protect or transplant this can effect design and cost. Or if you want more privacy you may want to consider the growth rate, height and coverage of a particular plant or plant type.

Part II: What to Look for in a Landscape Designer

After you have considered your budget, timeline, function, etc., you will be prepared to contact landscape designers and start to collect estimates. Like working with any other contractor, you should get at least three or more estimates and compare the landscapers available. Do research, review contracts and credentials and make certain you get all your questions answered. Many landscape design projects will not come cheap, so doing your homework will be worth your time and money. Here are a few things to look for when hiring a landscape designer:

• You may want to start in locating a landscape designer by asking friends, family and neighbors who may have first hand knowledge of their work. You may also search the phone book or an online database. More and more you may find examples of their work posted on online websites which may help in your initial selection process as well. Finally, check with local nurseries in your area as they will more than likely know quite a few landscape designers (and they might be able to give some "reference" input as to their reputation as well)!
• When you contact the landscape designer, ask them to come out to your home and view your yard first hand. This way they can get a good idea of the layout of your land and give a more accurate estimate. It is also helpful if you have a list of criteria, gathered during your pre-planning, to give them as a guide to follow.
• It will also be beneficial to look at a couple of the projects they have done in the past. Preferably they will be projects similar to your project's size and style. Many landscape designers will have pictures available, however, if possible try to see a couple sights in person.
• Like with any other contractor, you will want to get a bid before moving forward. Again, having a rough outline of what you want to see accomplished will help the bidding process.
• Ask for references and call them! One of the common errors people make is that they ask for references but then never follow up. Granted, references are rarely dissatisfied customers. But their insight on how the whole project and process worked for them can be invaluable when working out any details for the contract.
• Review licensing and insurance information. If the landscape designer and their crew will be working on your property, you want to make certain they are covered by their insurance. Also make certain they are going to apply for or help you apply for any needed permits. Any contractor that says, "You don't really need that." should be quickly shown the door!
• Once you have decided on a landscape designer, get a written contract for the project. This should detail cost, payment agreement (never pay all in advance!), timeline, materials included, labor included and any warranties. Also, consider any changes to the timeline or cost in advance. How much of a delay is acceptable if the weather turns bad? Is there any leeway on material costs?
• Know the details of any warranty - make sure to determine what is covered under warranty and for how long. What happens if plants die, the fountain breaks, etc.? Who do you contact if your fountain stops working after two years?
• Detail any sub-contracted areas on your project. Who will be sub-contracted, what will they be expected to do and who will be in charge of resolving any questions if the work is not 100% satisfactory.
• Consider the size of plants that will be included in the project. Many nursery plants will not see their potential size until later - sometimes years later. Consider if you want to pay more for a more mature sized plant or change the plant chosen due to its size and growth rate. Go over this carefully in advance with your landscape designer!

So your yard is perfect. You don't need anyone to change a thing or add anything new. But there is that little task of maintenance. Do you have the time to keep your eden in tip top shape? If not, you may want to consider hiring landscape maintenance. Here are some things to look for when hiring for landscape maintenance:

• Before you call, make sure to consider exactly what you want to see done. Is it just weeding, mowing and raking? Or do you also need special maintenance for your pond or pool? Also consider a schedule. What tasks should be done on a weekly, monthly or seasonally basis?
• Ask friends, family and neighbors for references. Check to see if there are already landscapers who come to your neighborhood. Also check with local nurseries. Check the yellow pages or online directories.
• Get estimates! Have the landscaper come out and see your yard. Give them a list of the exact tasks you want to see done. This way they can better see the size and scope of the projects and give you a better estimate.
• Ask for references and call them! Check on to see if they are punctual, neat, thorough and easy to work with. Find out if there is anything you should be more specific on in the contract to avoid any miscommunication.
• Check for business licence and insurance. They will be working on your property, make sure they have their own insurance to cover any accidents.
• Make sure they are aware of and respect local laws. Are they aware of watering restrictions, burn bans, etc.
• If this will be a long term agreement, then make certain to get a written contract. Even for a one weekend job you may want to get a contract to make sure there are no questions about what is expected. As with any contract, the more details the better. Specify cost, payment, timelines, warranties and delays in service.
• Discuss if there is any warranty on their work. If they are taking care of your coy pond and all the fish die, who is responsible?
• Discuss the types of chemicals they may use on your yard. If you have children and pets playing in the yard there may be certain products you do not want used! Discuss the type of equipment they will use. Do they expect to use any of your equipment? Do they have equipment that is safe and properly running?
• Keep in mind that working with a landscape maintenance crew can be a dynamic rather than static relationship. Make sure you continue to get good service and communication is open and easy. If at any time you feel you are not getting your moneys worth or being understood, it is time to end the contract. Don't just accept that this is "just how it is" or "they know better than I do." It is a business deal like any other and you should feel comfortable that you are getting the services you pay for.

Conclusion

It can be fun being the week-end warrior and master of your outdoor domain. However, sometimes the projects you have in mind for your front and/or back yard can be a bit overwhelming. Consider hiring a landscape designer for part or all of the project. You will learn some great design and technique ideas from them and save your back a bit too!

Today thrill seekers can go skydiving, cliff jumping, white water rafting or paragliding, just to name a few. Looking for a little adventure in your blood but it's too wet outside to play? Why not snuggle indoors and thrill your imagination with a haunted vacation? Many hotels, inns, and even castles offer spooky weekend getaways. Perhaps a friendly ghost will fold your clothes and lay them out on the bed; a mischievous one might turn on the lights and radio at 2AM; or perhaps one with a chip on his shoulder might give you a little bump to remind you he's there. You might find it a good laugh or a little fun to shake up the winter humdrums. Below we have compiled a short list of some haunted places to stay. We have tried to collect from across the US and added in a few international destinations just in case you want a ghost with an accent! Enjoy and have some fun! International Haunts: Ireland: Ross Castle | United Kingdom - England: The Feathers Hotel Wales: Ruthin Castle **Many haunted houses seem to get their start from murder or untimely death. Although we have not gone into graphic details here, please note that if you follow any of the links to the right, some of these sites do go into much more (sometimes gruesome) detail! 17-Hundred-90 Restaurant & Inn - Savannah, GA The History: This inn was actually built in 1820, not 1790. First a boarding house and later an inn, this home has had many owners and guests. One of these guests was Anne Powell. The legend says she was unhappily married at 16 years of age to an Englishman. She fell in love with a German sailor who left her "in the family way." She watched his boat sail away and then committed suicide by jumping from the window, landing on the brick pavement below. The Haunting: Anne Powell is the most famous ghost, believed to haunt guest room 204 from where it is said she jumped to her death. She doesn't seem to be a menacing spirit: she sits beside the fire, lays out guests' clothes on the bed or plays pranks on guests waking them up in wee hours of the morning by setting off the radio alarm. Another ghost in the basement kitchen and restaurant doesn't like women very much and likes to shove them around. But this ghost is countered by the ghost of a merchant marine who will help the staff turn the lights off at closing. How to see it: Savannah ghost tours stop here for a drink but you can go to the restaurant yourself and have a bite to eat. Or if you really dare, spend the night instead - ask for room 204! Brumder Mansion - Milwaukee, WI The History: George Brumder had the home built in 1910 for his son, George Jr. After they sold the home, the house was everything from a boarding house to an activity center for a Lutheran church. They used the home for office space, a theater, and later opened a coffee house with a live music venue. The current owners purchased the home in 1997 and opened the renovated space as a B&B in 1998. The Haunting: The Gold Room was once the room for one of the Brumder daughters who never married after being spurned in love early in life. She is said to still stay in the room, in fact she was quite appalled and upset when the current owner spent the night in this room with her dogs - no dogs allowed! Your dreams will be haunted if any dogs sleep on the bed! How to see it: It's a Bed & Breakfast, so take the plunge and spend the night - request the Gold Suite! You can even join a ghost hunting seminar or enjoy a haunted history dinner! For more information, click here. The Carolina Inn - Chapel Hill, NC The History: Owned by UNC, this inn was built by a UNC graduate in 1924. Throughout its history it has been used by the campus to host conferences, guests and alumni. Today the proceeds from the inn are given to the university library. The Haunting: Professor William Jacocks likes to haunt room 252. Although guests do claim to have encounters with the professor, the hotel staff say he has never frightened anyone to the point of packing their bags and running. Instead he is a friendly ghost who plays pranks such as holding the doorknobs so rooms won't open, rustling papers, and making the occasional noise. Some claim there are additional ghosts walking the halls and looming over their shoulder, but always more curious than menacing. How to see it: You can spend the night in this historic hotel Crescent Hotel - Eureka Springs, AR The History: Founded in 1886, the Crescent Hotel started its career as a sleek and elegant hideaway for the Victorian wealthy. However, not able to stay afloat the hotel closed. It was reopened in 1908 as the Crescent College and Conservatory for Young Women. But this school closed in 1924. In 1937 it was opened as a hospital and health resort. Norman Baker claimed to have a cure for cancer but was met with scrutiny as it came to light that he had no medical education. He was later imprisoned on mail fraud. It wasn't until 1946 that efforts were made to reestablish the hotel. The Haunting: Perhaps the fresh spring water under the hotel attracts spirits thirsting for a little human interaction. This hotel has many different haunted areas from guest rooms, to the lobby, to the grounds. Guests have seen a women in the hall, a tall man knocking on the doors, and former cancer patients and nurses to name a few. A long list of guest experiences can be found at the hotel's ghost website. How to see it: The hotel offers history tours for groups of 10 or more. Ghost tours are available by Eureka Springs Ghost Tours. Driskill Hotel - Austin, TX The History: Jesse Lincoln Driskill opened this hotel in 1886. The hotel was grand and luxurious, funded by his success as a cattle baron. In 1888, the family lost its fortune due to drought and a cold winter that killed most of the cattle. The hotel then changed from owner to owner with the most recent change of hands in 1995. The Haunting: Driskill is claimed to still wander the hotel, puffing cigar smoke while he turns lights on and off. There is the ghost of a small girl, daughter of a Senator who was left unattended and fell to her death while playing with her ball - she can still be heard bouncing the ball today. How to see it: The hotel is open to guest today and offers all kinds of pampering. The Feathers Hotel - Ludlow, Shropshire, UK The History: The original building was built in 1619 and has been added to and modified since. First a private residence, it was changed to an Inn in 1670 after the English Civil War and would remain one for the next 200 years! In 1863 it changed to a hotel and started to acquire more land and expand. Why feathers? There are faded motifs of ostrich feathers on the outer woodwork still visible. They were a symbol of the Prince of Wales and "en vogue" at the time of construction. Not to mention the town of Ludlow was royalist even during the English Civil War. The Haunting: There is a female "guest" in room 211 who is known to bother women rather then men in the room, pulling their hair and letting them know they are not welcome. There are a couple gentlemen ghosts roaming about including one who is accompanied by his ghost dog! How to see it: You can join on a ghost hunting adventure either with Eerie Evenings or Haunted Breaks. Or you may opt to spend the night and enjoy the historic surroundings. Heceta House - Yachats, OR The History: This house accompanies a lighthouse on the Oregon coast built in 1894. Many families occupied the house complex over time which included a post office, school and the light house. But it is only the keeper's house that has tales of hauntings. Many believe this is the mother of child who fell off the cliffs back at the turn of the century. The Haunting: The ghost named Rue is said to be an extra caretaker of the house. She makes it known if she is displeased with any activity in the house. One of the more humorous accounts was of her screaming in the middle of a card game, she didn't want them playing cards in her house! How to see it: This house is now a bed and breakfast. It also has guided tours from its interpretive center. Although the current owners don't play up and advertise the ghost they have said guests have told them of strange encounters. Hotel Del Coronado - San Diego, CA The History: Babcock and Story built this resort to be the "talk of the Western world" in 1888. Since then it has been visited by presidents, foreign dignitaries, celebrities and heroes like Charles Lindbergh and Thomas Edison. The hotel was famous as a backdrop for "Some Like It Hot" starring Marilyn Monroe, Tony Curtis and Jack Lemmon. The Haunting: According to the hotel website, the tales of ghosts started with the untimely death of Kate Morgan. She was a guest in November 1892 that never left. She came to meet her estranged husband but he never showed. Kate was then found dead on the hotel steps leading to the ocean. She had died of a gunshot wound to the head that was officially deemed a suicide but is speculated to this day by some to be a case of murder. She likes to slam doors and randomly turn on the TV. Some have also seen indentation in the sheets as if someone was sleeping there. There are other ghosts in the hotel as well that love to flicker the lights, provide cold spots and make some random noises. How to see it: Of course you can stay at this stunning resort and enjoy the spa, golf course, pool or take some surfing lessons. To find out more click here (Kate's room was 312, then renumbered to 3312 and now to 3327 - check with staff to verify your request). Hotel El Convento - Old San Juan, Puerto Rico The History: This former Carmelite convent named The Monastery of Our Lady Carmne of San Jose was founded in 1651. The nuns left this convent in 1903 and site fell into ruin until 1962 when Robert Woolworth purchased it to make it into a resort. The Haunting: Dona Ana was a noblewoman who lost her husband in the war with the Dutch and then turned to her faith. She donated the land for the Carmelite convent. It is said her spirit and those of nuns can be seen about the grounds and gliding through the halls. How to see it: For information about how to enjoy a luxurious stay with these faithful spirits Jerome Grand Hotel - Jerome, AZ The History: Built in 1926, this building was originally the United Verde Hospital. The hospital was built to be fireproof and withstand blasts from the dynamite mining nearby. One of the best hospitals in the west, it unfortunately was phased out when the mining in the area began to slow down and closed by 1950. The building stood empty until 1994; it had been a time capsule having been unchanged for 44 years. It is now being restored as a hotel with many of the rooms already completed and open for guests. The Haunting: Being a hospital, there were many patients that perished in its walls. However, there were deaths of two orderlies that many believed to have been murder. There is also one recorded suicide. When the building lay dormant for 44 years, locals claimed they would still see lights burning in the vacant building. Since being reopen, more paranormal activity has been noticed. The most common is for guests to feel temperature drops and hear coughing or labored breathing in empty rooms or corners of their own guestroom. One ghost is said to be a woman who died in childbirth. She is upset that her child was buried in an unmarked grave and prowls the ground looking for the babe. How to see it: You may stay in the hotel today. Room rates begin at $110 and go up from there. Being the highest point in the Verde Valley, it offers some great views. And if you're lucky, maybe a glance at a ghost or two! Kehoe House - Savannah, GA The History: This home was built in 1892 for William Kehoe and his family. The large family (they had 10 children!) kept the home until 1930. After that the home became a boarding house, funeral parlor, and a private residence. In 1992 the home opened as a B&B, it changed ownership in 2003, but remains an inn with a B&B atmosphere. The Haunting: The main tragedy of the house (that we know of) was the death of the Kehoe twins who died when playing around the chimney. Children can be heard running the halls and some guests have even had children check in on them in their rooms. But if you don't see the children, their mother Annie is reputed to still wander the rooms, making sure to tuck in all the guests at night! How to see it: Why not spend the night? Ask for rooms 201 or 203. Kewaunee Inn - Kewaunee, WI The History: Built in 1912 by William Karsten this inn is still commonly known as the Hotel Karsten. Father and son managed this hotel until William Karsten Jr.'s death in 1964. The hotel then changed hands and received various facelifts. The most recent owners renamed the hotel to the Kewaunee Inn at Hamachek Village in May 2008. The Haunting: The ghosts at the Kewaunee Inn didn't start to bug the living until after renovations started in 1966. The inn website mentions the triad of ghosts include William Karsten Sr, Billy Karsten III (who died at 5 years of age shortly after his grandfather), and Agatha the housekeeper. Agatha seems to be the most active, floating about the halls and popping up behind you when you look in the mirror! She doesn't seem to like men much - so any male guests be on your guard! William likes to have a drink at the bar now and then and Billy still runs up and down the hall playing. How to see it: Brave enough to spend the night? Lemp Mansion - St. Louis, MO The History: This house was purchased by William Lemp around 1864 to use as a residence and office for the family brewery. William's father had used a family recipe/method to create a lager beer. This beer quickly became popular and William's father abandoned his grocery store to become a full time brewer. The beer continued to be made by the family until 1922 when family mishap and prohibition forced them to shut down and sell for good. The mansion itself has a sorrowful history with one brother dying under mysterious circumstances and three other men of the family committing suicide inside. The Haunting: With three suicides one can easily guess where the idea of ghosts haunting the mansion started. However, the families odd history also adds fuel to the imagination. There is the rumor that William Lemp had an illegitimate son with down syndrome who was kept hidden in the mansion attic his whole life. He is now said to be seen haunting the mansion and has the nickname "Monkey Face Boy." Tales of haunting first started after 1949 when the mansion was sold and turned into a boarding house. Strange knocking and footsteps throughout the mansion scared the tenants away so the house started to run into disrepair. In 1975, the mansion was saved and renovated and turned into a restaurant and inn. All types of sights and sounds have continued and are still reported today. How to see it: Spend the night! Or take a tour if you're too scared... The mansion is a bed and breakfast that offers tours and a restaurant to those who don't want to spend the night. They also host a Halloween Party and Murder Mystery Dinner Theater. Lizzy Borden House - Fall River, MA The History: As with so many haunted homes, this story begins with a murder. On the morning of August 4, 1892, Andrew and Abby Borden were murdered by ax in their home. Their eldest daughter, Lizzy, was tried and latter acquitted of the murders. However, she was ostracized from the community for the rest of her life. Some consider that she had a split personality, even those close to her recall erratic and violent behavior. And of course there was the creation of the rhyme: Lizzie Borden took an ax Gave her mother forty whacks; When she saw what she had done Gave her father forty-one! The Haunting: There is a strange woman who tucks guests into bed and perhaps the same woman can be heard weeping in the night. Objects move on their own and electrical equipment such as lights and cameras have some interference. Many claim the most active room is Lizzy's old bedroom - which you can stay in if you want... How to see it: The home is now a bed and breakfast. You may spend the night, take a tour or even spend a weekend at Ghost Hunter University! Magnolia Mansion - New Orleans, LA The History: This home was built in 1857 by Alexander Harris. After Alexander died of yellow fever his widow remarried and sold the home to the Maginnis family. John Maginnis owned a cotton mill and it was rumored he was struck by lightning because of the cruel way he treated his employees. In 1939, John's daughter inherited the home and willed it to the Red Cross. The Red Cross used the home to train nurses for WWII and the Korean War. In 1954 the home was again sold into private ownership. Magnolia Mansion was renovated in 2001 and opened as a B&B in 2002. The Haunting: When renovating the home, the crew had to stop as an oily substance appeared over the walls. The owner then verbalized her plans for the place out loud so the ghosts would know exactly what she was up to. She told them she was improving the home and the ghosts would not be able to scare the guests away. This appeased them for awhile. However, ghosts are still reputed to slam doors and snuggle into bed with guests on occasion. Many guests have photos of orbs and a few extra faces from their visits as well. How to see it: This adult catering B&B offers a great escape to any non-smoker over 21 years of age. Specializing in romance with Elopement and Wedding packages, the B&B also has fun with their ghosts offering a Romantic Ghostly Getaway Package which includes a room, treats and ghost walking tours. Mason House Inn - Bentonsport, IA The History: This hotel was built in 1846 for steamboat travelers along the Des Moines River. Later, the Mason House was used as a 'holding hospital' during the Civil War for soldiers being transferred to Keokuk. It also served as a 'station' along the underground railroad. The Mason House keeps its name from the Mason family who owned the property for 99 years. The Haunting: Three of the owners have died in the building and there was also one murder in one of the guest rooms. In 1860 poor Mr. Knapp had been drinking and accidentally went to the wrong room. The occupant thought he was being robbed and stabbed Mr. Knapp in self-defense. The home had also been a 'holding hospital' in the Civil War and some patients may have died in the home. Also a Doctor renting a room in the 1940s died in the building. All in all, a great hangout for ghosts. The ghosts come in many forms. There are wisps of fog and cold spots to actual figures who appear and disappear from sight. There is a boy that plays tricks; he likes to rustle sheets and tug at guests as they sleep. There are footsteps, thuds and a woman in white. An abundance of ghosts and paranormal events for all! How to see it: Today you may stay at this B&B for about $80/night ($125 if you are staying in the restored caboose!). Request to stay in the main house on the 2nd floor (rooms 5 & 7) for the best chance of paranormal dreams! Ghost Hunting 101 and 102 classes are also available about twice a year and a Halloween Ghost Walk around Oct 31st. McCune Mansion - Salt Lake City, UT The History: This mansion was built in 1900 by a railroad tycoon named Alfred W. McCune. After leaving for California in 1920, the McCune's donated the mansion to the Latter-Day Saint Church. It was then turned into the McCune School of Music. It later became a Brigham Young University Salk Lake City Center and Virginia Tanner Modern Dance School. In 1999 it was purchased by Phil McCarthy who worked to restore the mansion and open it as a hotel. The Haunting: Music is said to still haunt the McCune halls. A small room under the stairs was used by the McCune's as a stage for hired musicians. The whole house would be filled with music but their guests did not know from where it came. It is said this music still fills the air. Other happenings include doors locking that are not fit with locks, doors opening on their own and lights going on and off on their own. How to see it: You can schedule a tour of the mansion through the Utah Heritage Foundation. Myrtles Plantation - St. Francisville, LA The History: This home was built by David Bradford in 1794 but stories of hauntings did not start until the 1950's. The house had a long history with many different owners. There is only one recorded murder of William Winter in 1871. However, there are many tales that are told about the home to justify the hauntings. Most of these seem to be fabricated tales, but many say that is just because the house is so haunted, people needed to make up some kind of explanation. The Haunting: Among the haunting activity is the ghost of a woman in a green turban who some believe to be the ghost of a slave killed for poisoning the head mistress and her two daughters. Others claim this ghost is not a young slave but an older, unknown woman. There is also a little girl who has appeared as well as a frustrated piano player who continuously practices the same cord over and over on the old piano. How to see it: You can dine in the restaurant, take a tour or spend the night. The choice is up to you. The Queen Mary - Long Beach, CA The History: Her maiden voyage was May 27, 1936 but with the coming of WWII she was refitted and used as a troop ship housing 5500 souls by May 5, 1940. By the end of the war it was used to transport as many as 12,886 war brides and children from Europe to the U.S. and Canada on six voyages in four months. More war bride voyages would follow. It became a cruise ship in 1963. By 1967 it was purchased for Long Beach, CA to act as restaurant and museum with the first hotel rooms opening in 1972. The Haunting: The first class swimming pool has some of the most recorded ghost sightings and noises. Many women dressed in 1930 swimsuits have been sighted. But the spirits like to wander and have been seen in many parts of the ship - especially the engine room where two men were crushed to death by the heavy "Door 13". Those who take the self-guided walking tour of the ship have been spooked more than once! How to see it: Brave enough? Click here to find out how to spend the night or click here to take a tour with Ghost and Legends of the Queen Mary group. The tour is technically enhanced to make certain you get a few jumps and spooks. The hotel also hosts a 'Terrorfest' of haunted mazes on Halloween. Ross Castle - Ross, County Meath, Ireland The History: This area shows record of settlement since the Iron Age. The castle tower was completed in 1537 by Richard Nugent, 12th Baron of Delvin. A family loyal to the English crown for their title and rank hoped to received the extra boon of £10 given as encouragement for each fortification built in Ireland. In time the Nugents began to marry the once rival Celtic nobles especially the O'Reillys. In 1644 the castle was pulverized by Cromwellian soldiers in retribution for Myles O'Reilly's defiance. Restoration was begun by the family in the 19th century and the castle was later modernized with plumbing and electricity. The Haunting: The castle's founder, Richard Nugent was also known as the Black Baron and, you guessed it, he had a reputation for being quite unpleasant. The Black Baron had a beautiful daughter named Sabina who had the unfortunate luck to fall in love with Orwin O'Reilly (at this time still an enemy). Moved by love to give up their home, family and wealth, they decided to elope. However, as they made their escape by boat a storm came up and it capsized. Orwin died but Sabina lived. Crushed with heartache, she pinned away in Ross Castle tower until she finally gave up the ghost which in turn walks the halls to this day. She is said to sometimes be heard screaming! The Black Baron is also rumored to haunt the grounds and can be quite unpleasant. How to see it: Besides ghost hunting, you can go fishing, golfing, horseback riding, sailing, boating, hiking, cycling, go see the races or even take flying lessons! Plenty to do and see in a romantic setting. Ruthin Castle - Ruthin, North Wales, UK The History: Legend has it that the original castle was a wooden fort lorded by Huail. He fought King Arthur and wounded him in the knee. A truce was called but Huail later mocked King Arthur and was beheaded. The first stone structure was put up by King Edward I in 1277 and the castle was owned by the crown off and on until sold by Charles I in 1632. The modern stone structure was built in 1826. However some of the older walls, dungeons and tunnels are still standing today. The Haunting: This castle comes with its own Grey Lady, dating back to the time of Edward I, this ghost was sentenced to death for killing the lover of her husband. Soldiers are said to still march around the grounds and prisoners long dead are still heard moaning in agony. How to see it: If you don't find ghost hunting or random spooks exciting enough, this castle offers other entertainment including medieval banquets (one even with a murder mystery theme!), golf, and romantic getaway packages. The Sagamore - Bolton Landing, NY The History: This hotel was originally built in 1883 to provide a getaway on Lake George in the Adirondack Mountains. This historic building suffered two fires but was reconstructed in 1930. The resort was meant to be a retreat for the wealthy and is still neighbored by palatial mansions across the lake. The Haunting: This hotel has many ghosts including one of a little boy on the golf course! This boy chased balls and sold them when alive. He died in a tragic accident when he was hit by a car running after a ball. Now his shadowy form can be seen running after golf balls on the course. He likes to steal balls and laugh at golfers as they look for them. When they give up he tosses the ball at them, again, laughing. Other ghosts include the guest who come down from the second floor for dinner every night and wait patiently in the reception area before they literally vanish. Then there is the portly cigar smoker in the elevator who may not appreciate the non-smoking policy these days. How to see it: You can stay in the hotel, vacation lodges or a castle (if you have the cash!). Themed getaways are available including the Murder Mystery Weekend Oct 17-19, 2008 The Stanley Hotel - Estes Park, CO The History: Six miles from Rocky Mountain National Park, this hotel has famous views and offers a serene escape. F.O. Stanley created this hotel after moving to the west when forced to by poor health. Besides the hotel he helped to create the sewer, power and water supply for the area. A recent claim to fame is that a stay in this hotel inspired Stephen King's The Shining. The Haunting: Both F.O. and his wife Flora haunt the hotel. They are amicable ghosts that enjoy hanging about the rooms they loved so much such as the Billiard room and Ballroom. Rooms 407 and 418 have reputed activity of lights going on and off, noises and of course rascally kids playing in the nearby hallway. One story relates some guests checked out early as the kids playing in the hall kept them up all night. When the hotel staff looked at the register there were not any kids as guests (at least not any live ones!). How to see it: Not only can you spend the night but you can sign up for a Historic Ghost Tour that tells you all the history that has created a haunted playground. The hotel has fun with the reputation and is hosting 'The Shining Ball' this year on Oct 25 and 31, 2008! The Stone Lion Inn - Guthrie, OK The History: F.E. Houghton built this mansion in 1907. It served most of its years as a residence and later was turned into a funeral home. The only person to die in the home seems to be a young girl who died of whooping cough after receiving the wrong medicine. The Haunting: After turning this mansion into an inn, the new owners woke up at night to the sounds of footsteps and doors opening and closing. They called the police but no intruder was found. Soon after they realized they had their first "guest" who may be a small girl as she likes to take out the toys at night to play. The Story Inn - Nashville, IN The History: This historic inn is located at the boarders of Brown County State Park and Hoosier National Forest. This inn and its collection of buildings is actually what remains of the town of Story that was established in 1851, set up as a lodging community. The Haunting: The Story Inn is haunted by a lady in blue who floats about the second floor of the general store that has been turned into guestrooms. There has also been activity in the restaurant below. A guestbook details the experiences of the spooked over the years. How to see it: Snuggle in for the night. If you don't want a ghost watching over you there are other cabins available in this small community. Thornewood Castle - Lakewood, WA The History: Thornewood Castle was built for Chester Thorne, a successful founder of the Port of Tacoma. This Tudor/Gothic estate was completed in 1911. Inspired by the estates in Britain, the stained glass windows were even imported from a castle in Europe. The castle has many different imports that add to structure and contents of the building. One of the more interesting aspects is the "wishbone sticks" left by the Native American workers who helped in the construction. These sticks help to ward off evil and are found at the foundation in the basement. The Haunting: There are multiple photographs taken of orbs throughout the castle and reports of objects moving on their own. Tape recorders have picked up voices, one of an unknown child. One child did drown in the lake and is said to haunt its shore, perhaps they visit the house as well? Overall, the spirits at Thornwood seem to be a good natured sort. There is not a violent history attached to this home. Although the wife of Mr. Thorne is said to haunt the halls, this is more because she likes the place rather than she is out to get anyone. In fact, some believe Thornwood Castle acts as a vortex and can attract ghosts from the other side. Some guests have reported making contact with loved ones from their lives who have no connection with the castle. How to see it: You may stay in the castle as it is now a B&B. There are Candle Light Tours: for $100 and the cost of a room you can spend the night exploring the haunted halls with a small group of ghost hunters.

This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Q. About six months ago we bought a new home and the builder provided a one year home warranty. Recently we discovered a defect, but when we contacted the builder, he said that because we did not discover the defect during the final walk-through that it would not be covered under the warranty. Is this common practice?

A. No, this is definitely not common practice. Most builders will repair defects that are found at any time during the warranty period, provided that they are covered by the terms of the warranty, and are obviously the fault of the builder. Read your warranty contract carefully to see if you are indeed bound by the condition your builder is citing. He may be counting on the fact that you have not thoroughly read the contract. In any event, you may want to seek the advice of an attorney. When inspecting a new home, I always advise my clients to discuss the terms of the home warranty with the builder before closing, and to make sure that they fully understand those terms and conditions.