This is a word document that you should be able to download. If you are having a problem downloading it , please let me know by putting a comment in the "comment section.
RentalAgreement 2010.doc
Backgound check- In Canada and US
Friday, October 22, 2010
Thursday, October 21, 2010
Lease Forms- Tips on how to complete
Make sure that the lease forms indicate the total number of pages and have the tenant initial each page. You as the landlord will also initial each page at the bottom The Free Lease Form published on this Blog, has the footers at the bottom of each page. This will ensure that no pages will be removed or changed. Your copy of the lease will have their initials on every single page.
Another important hint: Make sure you see a minimum of 2 pieces of ID. You'd be surprised what people will do to hide their real identity. By ensuring that every page is signed, any unscrupulous tenants or landlords will be thwarted.
Another important hint: Make sure you see a minimum of 2 pieces of ID. You'd be surprised what people will do to hide their real identity. By ensuring that every page is signed, any unscrupulous tenants or landlords will be thwarted.
Bonus - Free Lease form accessible on the Internet
Obtain a free copy of the Lease Form. No strings attached. No advertising. This is a copy of the actual lease form. There is no charge to use this form. It is free. It is a Word document so that you can change anything you want once you download it onto your computer. You can save it and keep it for future reference. Or if you lose it, you can just come back here and click on the form for another copy.
Screening Tips for Landlords
Tenant ScreeningTips
1)In your initial phone interview, be sure to ask 'why' they are moving. If they fumble, stumble or complain about their current landlord, this may be a red flag.
2)-When you take their application, tell them you will be checking all references, employment history and credit history...ask them if there will be any problems with that. Listen and don't interrupt them. Silence is a powerful thing, use it.
3)When you take an application from a prospective tenant ask to see their drivers license. Make sure the picture is the same person and that the address listed on the license is the same one they wrote on the application. Professional BAD TENANTS have other people rent for them. Ask for 2 pieces of Identification.
4)-An anxious tenant needing an apartment NOW is a big RED FLAG. Tenant needs a place immediately either has recently been evicted or has some personal problems that will only get worse.
5)-Personally meet everyone that will be occupying the property. Make no exceptions.
6)- ALWAYS call the people listed as their previous landlords. Before you tell the person you call who you are, ask the following question: 'Do you have any apartments for rent'? If the person IS a landlord-- his usual answer will be either 'I don't have any apartments right now' or 'Yes-- I do have an apartment for rent' If the person listed as the alleged landlord doesn't respond in this way, then they are probably NOT the landlord, but most likely a friend or relative.
7)When you 'set the tone' up front from the first meeting, tenants will determine whether you are a professional landlord or professional pushover.
8) Make sure you do a complete tenant investigation, not just a credit check. This means, an employment check, a courts record check, a bankruptcy check, eviction check, rents vs income vs expenses ratio, and a credit check. There are companies that will do this for a fee. Either have the tenant pay for it and if you are going to pay for it, it will be tax deductible.
Instant Background Checks includes criminal background check, property value, lawsuits, judgments, bankruptcy, liens and much more!
9) Always get a lease and make sure you list all the people who will be living in the house or apartment.
10) ALWAYS give a receipt for the rent and keep a copy for your records.
1)In your initial phone interview, be sure to ask 'why' they are moving. If they fumble, stumble or complain about their current landlord, this may be a red flag.
2)-When you take their application, tell them you will be checking all references, employment history and credit history...ask them if there will be any problems with that. Listen and don't interrupt them. Silence is a powerful thing, use it.
3)When you take an application from a prospective tenant ask to see their drivers license. Make sure the picture is the same person and that the address listed on the license is the same one they wrote on the application. Professional BAD TENANTS have other people rent for them. Ask for 2 pieces of Identification.
4)-An anxious tenant needing an apartment NOW is a big RED FLAG. Tenant needs a place immediately either has recently been evicted or has some personal problems that will only get worse.
5)-Personally meet everyone that will be occupying the property. Make no exceptions.
6)- ALWAYS call the people listed as their previous landlords. Before you tell the person you call who you are, ask the following question: 'Do you have any apartments for rent'? If the person IS a landlord-- his usual answer will be either 'I don't have any apartments right now' or 'Yes-- I do have an apartment for rent' If the person listed as the alleged landlord doesn't respond in this way, then they are probably NOT the landlord, but most likely a friend or relative.
7)When you 'set the tone' up front from the first meeting, tenants will determine whether you are a professional landlord or professional pushover.
8) Make sure you do a complete tenant investigation, not just a credit check. This means, an employment check, a courts record check, a bankruptcy check, eviction check, rents vs income vs expenses ratio, and a credit check. There are companies that will do this for a fee. Either have the tenant pay for it and if you are going to pay for it, it will be tax deductible.
Instant Background Checks includes criminal background check, property value, lawsuits, judgments, bankruptcy, liens and much more!
9) Always get a lease and make sure you list all the people who will be living in the house or apartment.
10) ALWAYS give a receipt for the rent and keep a copy for your records.
Wednesday, October 20, 2010
Funny Humour to lighten your day
I Know This Laywer
A small town prosecuting attorney called his first witness to the stand in a trial-a grandmotherly, elderly woman. He approached her and asked, "Mrs. Jones, do you know me?"
She responded, "Yes, I do know you Mr. Williams. I've known you since you were a young boy. And frankly, you've been a big disappointment to me. You lie, you cheat on your wife, you manipulate people and talk about them behind their backs.
You think you're a rising big shot when you haven't the brains to realize you never will amount to anything more than a two-bit paper pusher. Yes, I know you."
The lawyer was stunned. Not knowing what else to do he pointed across the room and asked, "Mrs. Williams, do you know the defense attorney?"
She again replied, "Why, yes I do. I've known Mr. Bradley since he was a youngster, too. I used to baby-sit him for his parents. And he, too, has been a real disappointment to me. He's lazy, bigoted, he has a drinking problem. The man can't build a normal relationship with anyone and his law practice is one of the shoddiest in the entire state. Yes, I know him."
At this point, the judge rapped the courtroom to silence and called both counselors to the bench. In a very quiet voice, he said with menace, "If either of you asks her if she knows me, you'll be in jail within 3 minutes!"
Tuesday, October 19, 2010
Some provisions that Appear on a Lease are not Legal nor Enforceable
Some provisions which may appear in rental agreements or leases are not legal and cannot be enforced under the law. These include:
• A provision which waives any right given to tenants by the Landlord Tenant Act.
• A provision that tenants give up their right to defend themselves in court against a landlord's accusations.
• A provision which limits the landlord's liability in situations where the landlord would normally be responsible.
• A provision allowing the landlord to enter the rental unit without proper notice (for complete information on tenant's right to privacy, see page 9.)
• A provision requiring a tenant to pay for all damage to the unit, even if it is not caused by tenants or their guests.
• A provision stating the tenant will pay the landlord's attorney's fees under any circumstances if a dispute goes to court.
• A provision that allows the landlord to seize a tenant's property if the tenant falls behind in rent.
Deposits and Other Fees
When a new tenant moves in, the landlord often collects money to cover such things as cleaning or damage. The money collected may be refundable or nonrefundable.
Refundable Deposits
Under the Landlord-Tenant Act, the term "deposit" can only be applied to money which can be refunded to the tenant.
If a refundable deposit is being charged, the law requires:
• The rental agreement must be in writing. It must say what each deposit is for and what the tenant must do in order to get the money back.
• The tenant must be given a written receipt for each deposit.
• A checklist or statement describing the condition of the rental unit must be filled out. Landlord and tenant must sign it, and the tenant must be given a signed copy. (The Attorney General's Office offers a free sample checklist for this purpose.)
• The deposits must be placed in a trust account in a bank or escrow company. The tenant must be informed in writing where the deposits are being kept. Unless some other agreement has been made in writing, any interest earned by the deposit belongs to the landlord.
For information on returning refundable deposits when a tenant moves out, see page 16.
Nonrefundable Fees
These will not be returned to the tenant under any circumstances. If a nonrefundable fee is being charged, the rental agreement must be in writing and must state that the fee will not be returned. A nonrefundable fee cannot legally be called a "deposit."
While You're Living in the Rental Unit Landlord's Responsibilities Under the Landlord-Tenant Act, the landlord must:
• Maintain the dwelling so it does not violate state and local codes in ways which endanger the tenant's health and safety.
• Maintain structural components, such as roofs, floors and chimneys, in reasonably good repair.
• Maintain the dwelling in reasonably weather-tight condition.
• Provide reasonably adequate locks and keys.
• Provide the necessary facilities to supply heat, electricity and hot and cold water.
• Provide garbage cans and arrange for removal of garbage, except in single family dwellings.
• Keep common areas, such as lobbies, stairways and halls, reasonably clean and free from hazards.
• Control pests before the tenant moves in. The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant.
• Make repairs to keep the unit in the same condition as when the tenant moved in (except for normal wear and tear).
• Keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided with the rental.
• Inform the tenant of the name and address of the landlord or landlord's agent.
• Set water heaters at 120 ° when a new tenant moves in.
• Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.)
• Investigate whether a tenant is engaging in gang-related activity when another tenant notifies the landlord of gang-related activity by serving a written notice and investigation demand to the landlord. (See RCW 58.18.180 for details)
Important Note: A landlord is not responsible for the cost of correcting problems which were caused by the tenant.
Tenant's Responsibilities
Under the Landlord-Tenant Act, a tenant is required to:
• Pay rent, and any utilities agreed upon.
• Comply with any requirements of city, county or state regulations.
• Keep the rental unit clean and sanitary.
• Dispose of garbage properly.
• Pay for fumigation of infestations caused by the tenant.
• Properly operate plumbing, electrical and heating systems.
• Not intentionally or carelessly damage the dwelling.
• Not engage in or allow any gang-related activity.
• Not permit "waste" (substantial damage to the property) or "nuisance" (substantial interference with other tenants' use of their property).
• When moving out, restore the dwelling to the same condition as when the tenant moved in, except for normal wear and tear.
• A provision which waives any right given to tenants by the Landlord Tenant Act.
• A provision that tenants give up their right to defend themselves in court against a landlord's accusations.
• A provision which limits the landlord's liability in situations where the landlord would normally be responsible.
• A provision allowing the landlord to enter the rental unit without proper notice (for complete information on tenant's right to privacy, see page 9.)
• A provision requiring a tenant to pay for all damage to the unit, even if it is not caused by tenants or their guests.
• A provision stating the tenant will pay the landlord's attorney's fees under any circumstances if a dispute goes to court.
• A provision that allows the landlord to seize a tenant's property if the tenant falls behind in rent.
Deposits and Other Fees
When a new tenant moves in, the landlord often collects money to cover such things as cleaning or damage. The money collected may be refundable or nonrefundable.
Refundable Deposits
Under the Landlord-Tenant Act, the term "deposit" can only be applied to money which can be refunded to the tenant.
If a refundable deposit is being charged, the law requires:
• The rental agreement must be in writing. It must say what each deposit is for and what the tenant must do in order to get the money back.
• The tenant must be given a written receipt for each deposit.
• A checklist or statement describing the condition of the rental unit must be filled out. Landlord and tenant must sign it, and the tenant must be given a signed copy. (The Attorney General's Office offers a free sample checklist for this purpose.)
• The deposits must be placed in a trust account in a bank or escrow company. The tenant must be informed in writing where the deposits are being kept. Unless some other agreement has been made in writing, any interest earned by the deposit belongs to the landlord.
For information on returning refundable deposits when a tenant moves out, see page 16.
Nonrefundable Fees
These will not be returned to the tenant under any circumstances. If a nonrefundable fee is being charged, the rental agreement must be in writing and must state that the fee will not be returned. A nonrefundable fee cannot legally be called a "deposit."
While You're Living in the Rental Unit Landlord's Responsibilities Under the Landlord-Tenant Act, the landlord must:
• Maintain the dwelling so it does not violate state and local codes in ways which endanger the tenant's health and safety.
• Maintain structural components, such as roofs, floors and chimneys, in reasonably good repair.
• Maintain the dwelling in reasonably weather-tight condition.
• Provide reasonably adequate locks and keys.
• Provide the necessary facilities to supply heat, electricity and hot and cold water.
• Provide garbage cans and arrange for removal of garbage, except in single family dwellings.
• Keep common areas, such as lobbies, stairways and halls, reasonably clean and free from hazards.
• Control pests before the tenant moves in. The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant.
• Make repairs to keep the unit in the same condition as when the tenant moved in (except for normal wear and tear).
• Keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided with the rental.
• Inform the tenant of the name and address of the landlord or landlord's agent.
• Set water heaters at 120 ° when a new tenant moves in.
• Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.)
• Investigate whether a tenant is engaging in gang-related activity when another tenant notifies the landlord of gang-related activity by serving a written notice and investigation demand to the landlord. (See RCW 58.18.180 for details)
Important Note: A landlord is not responsible for the cost of correcting problems which were caused by the tenant.
Tenant's Responsibilities
Under the Landlord-Tenant Act, a tenant is required to:
• Pay rent, and any utilities agreed upon.
• Comply with any requirements of city, county or state regulations.
• Keep the rental unit clean and sanitary.
• Dispose of garbage properly.
• Pay for fumigation of infestations caused by the tenant.
• Properly operate plumbing, electrical and heating systems.
• Not intentionally or carelessly damage the dwelling.
• Not engage in or allow any gang-related activity.
• Not permit "waste" (substantial damage to the property) or "nuisance" (substantial interference with other tenants' use of their property).
• When moving out, restore the dwelling to the same condition as when the tenant moved in, except for normal wear and tear.
Thursday, October 14, 2010
My Story of the Nightmare Tenant- What experts call the professional tenant.
My story:
I am in the business of renting. I have been a landlord for 27 years and yes I got burned as a landlord. I ended up with a professional tenant that ran me $7,000 in legal fees and $12,000 in rent arrears and I could not evict him. I learned the hard way. A very expensive lesson. Everywhere I turned just cost me more money. Even the lawyers I turned to did not know how to handle the case. The first lawyer I called brought in a Paralegal and charged me $786.00 for a one and ahalf hour consultation because he had no idea what to do. He sat in on the meeting with the Paralegal and myself. Since he had no idea of what to do, it cost me money for him to learn. The result, he sent a letter to the tenant threatening legal action, of which he had no idea what the legal action would be except to scare the tenant into paying. It did not work. When I received my bill $786 I asked for an explanation for the exhorbitant amount for one letter sent. His explanation of the fees: the paralegal charged $150 per hour while the lawyer's fee was $350 per hour. All they did was listen to my case with no idea of what to do.
My tenant knew all the tricks on how to avoid paying the rent and how to prevent eviction. We filled out all the legal N4 and L1 papers and they were all completed correctly, but he managed to avoid enforcement. Although the tribunal ruled in my favour he was able to avoid eviction.( I am purposely leaving out specific details as to how he managed to avoid eviction in order to prevent unethical tenants from using the same system.
I found another lawyer in another city that dealt with tenancy issues who knew what he was doing and his final bill came in at $7,000. After almost a year I was able to have the tenants evicted but no rent was paid for the past 11 months and my legal fees were horrendous. Although I was able to obtain a judgement in my favour, went through small claims court I was unable to recover any of my costs or rent arrears. My tenant went to jail for other reasons unrelated to my case. It turned out he was on parole at the time that I rented the house to him and he has since been charged with over 100 fraud charges- having to do with giving out checks with insufficient funds and so the checks would bounce.
Landlords are all alone when it comes to help with their problems.. There are sites where you have to register as a landlord. It is worth the registaration for your protection as well as the tenant. Since a credit check is being done, this will go on record that you are checking their credit. You should have the tenant sign a consent form. This form will protect you in case of privacy issues that clearly demonstrates that you had his/her consent for the check.
Credit Checks may not be enough to determine whether a tenant is a good risk or not. You need the full check that also confirms their identity and confirms if the information they provided to you matches what is on file.
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