All Forum Posts by: Account Closed

Liz Keegan of the Fair Housing Center of West Michigan states that “the Fair Housing Act does not place any limits on what may be considered an assistance animal. They also do not have to be trained or otherwise certified.”

An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified. While dogs are the most common type of assistance animal, other animals can also be assistance animals.

In all cases regarding persons with disabilities, landlords are required, under law, to make reasonable accommodations unless there is an undue financial burden. Keegan also stated that, for example, “if a housing provider would lose their current insurance and cannot secure comparable insurance (with evidence of seeking said insurance such as multiple quotes, etc.) because of the type of animal, then it would not be reasonable for the housing provider to allow the accommodation because it would be an undue burden on the provider. However, we recommend that the housing provider researches their own insurance policy as well as other options, and document their efforts so that they may be able to defend why the accommodation wasn’t reasonable for them if they were to be challenged.”

Also, according to HUD, breed, size, and weight limitations may not be applied to an assistance animal. …Conditions and restrictions that housing providers apply to pets may not be applied to assistance animals (such as pet deposits or fees). HUD issued new regulations concerning service animals in 2013.

The RPOA recommends that landlords follow the process outlined by HUD in their detailed "Statement on Reasonable Accommodation"

These steps should be followed to ensure that your rental process is in compliance. It’s important to keep in mind that a landlord can’t ask if a person is handicapped or disabled, but they can ask if the animal is needed due to a physical or mental disability.

Contact me and I can hook you up with one and all the other forms you need for free.

The license is cheap...the continuing education is cheap.  The REALTOR association fees and your broker's fees--probably not so cheap.  Still, I'd get licensed.  You'll have to be anyway if you do more than four deals per year or ever do property management for another person.

Unless you're completely renewing the lease, it's questionable whether or not you can.

There are so many other comments from those out of Michigan, I thought I'd share what happens here:

In Michigan, to require a tenant to have security deposit, you have to collect it at the time of the lease or within 14 days of the tenant taking occupancy and noting where it is held.

A deposit can be held in two different ways--all of which can collect interest for you:

• In an account with your other funds that you use for anything.  If so, you have to bond the deposit to ensure that you can pay it back if you need to.
• In an account that you do not use for anything else.

The deposit can only be, at the most, 1.5 times the monthly rent.  (Everything but the first month's rent and non-refundable fees are consider part of the deposit.  So, "last month's rent" is part of the deposit as well as any other fees that are refundable.)

The deposit is the property of the tenant until you prove otherwise with a Notice of Damages after the tenant has moved out (unless the only thing you're keeping the deposit for is for past due rent).  The deposit can only be used for:

(a) Reimburse the landlord for actual damages to the rental unit or any ancillary facility that are the direct result of conduct not reasonably expected in the normal course of habitation of a dwelling.

(b) Pay the landlord for all rent in arrearage under the rental agreement, rent due for premature termination of the rental agreement by the tenant and for utility bills not paid by the tenant.

Hope that helps!

Simple answer, no--never in a million years.

Great group!

Pretty typical.  Some folks use a grace period to avoid sending out Demand for Possession for Non-payment notices over and over again...something less than 5 days.  (You should always send a notice to everyone that is late--regardless of the excuse--once they miss the due date with or without a grace period.)  Your lease should have a clause in it that states that late payments are grounds for eviction. (FYI:  That's not the exact language you should use for the clause.)  You could make it vague or make it specific to a certain number of months the payment was late.  But, if this isn't Michigan--check with your local and state laws first. Good luck!  

Hello...I can give you a lead on some education for wholesaling coming up very soon.  Send me a private message.

Do You Have What It Takes to Be a Landlord?

No question about it—not everyone is cut out to be a landlord. Landlording requires a lot of skills and a certain state of mind—some not easily learned or adapted to. Can you say “that’s me!” to all the following characteristics of being a successful landlord?

• I’m a risk taker. Real estate investment is a risk. You can make a lot of money—but, you can also lose all the money you invested and then some. Being risk averse will hold you back.
• I’m not cash poor. While some investment strategies enable you to dive into the business without extra cash on hand, owning rental properties isn’t one of them. You may need extra cash for vacancies, evictions, unexpected repairs or unpaid tenant utilities—just to name a few.
• I’m organized. While being organized may not be as critical when you own one property but, once you get a few more, being organized is essential. Simply forgetting what you put where can be frustrating, but even more important, not keeping files in order, etc. can lead to violations of lead disclosure laws, fair housing laws, etc. and leave you defenseless in case of a lawsuit. Remembering which unit or what tenant needs what is also important.
• I’m a detail person. Great! Because those that aren’t detailed people find themselves in a world of hurt when they forget to cross a “t” or dot an “i.”
• I’m not a procrastinator. Everyone will demand your attention once you’re a landlord—your tenants, the municipality, the neighbors to your property, and (hopefully not) the police. Ignoring tenant complaints, repairs, bills, etc. is a formula for failure. Also, not getting on top of repairs needed to resolve city violations can lead to fines, fees and potential prosecution.
• I’m a people person and don’t mind confrontation. If you hate talking to people or hate confrontation—being a landlord is probably not for you. While relationships with most tenants are great there are always the one or two relationships that go cross ways—past due rent, parties, unapproved tenants, trouble with the neighbors, housekeeping issues—things happen that involve a need to communicate. You may also have to deal with not so friendly city inspectors, utility personnel, contractors, or bill collectors—or the parents of your tenants.
• I don’t take things personally. Like with just about every business, there are likely to be times where someone will attack your integrity or call you unfair or callous or racist or whatever. If you’re the type of person that let’s what other people think or say about you get under your skin then you might not be ready for property management.
• I learn from my mistakes. You know what they say about doing the same thing and expecting different results…need we say more?
• I embrace life-long learning and change. The landlording business is always changing and evolving—laws change, tenant’s demands change, the neighborhood where your properties are located change. Landlords must be able to stay on top of new laws and be flexible in their approach. If you think you’re going to buy rentals and do the same exact thing until you retire or die, you’ll be sadly disappointed.
• I’m not obstinate or hard-headed. Great! Because if a landlord decides to draw a line in the sand with the city or with the justice system, things can go south quickly—very quickly.
• I understand that owning rental property is a business. Some folks just never quite figure out that owning rental property isn’t a hobby—but a business. It’s important to take being a rental property owner and manager seriously. Rental investments are a business. Rental properties are not an extension of our private residence—even if we’re house-hacking. Even if you don’t look at it as a business, others will and expect you to act accordingly.

With all that said, not everyone can be all things and none of us are perfect. So, what do you do if you couldn’t answer “that’s me to a tee” for all the above questions? Partner up with someone that has strengths that you don’t have. There are many successful partnerships in the business—often split between spouses. The most important thing is recognizing your weaknesses and getting help with those. Happy Landlording!

I can connect you with a name via email.