All Forum Posts by: Marcia Maynard

Establish a clear policy and procedure about animals. We see more people trying to get their pets into housing units under false pretenses these days. Especially as the internet hustlers encourage people with false information, take their money for "certifying" their animal and vouching for their disability. We don't accept the certificates that people obtain via the internet or "doctors" that qualify a person as having a disability sight unseen.  Know the laws better than your tenants do. Be cautious and don't make any statements that could have a chilling affect or discriminate against a person with a real disability and a real service/assistance animal.

We always tell people "We welcome qualified service/assistance animals for those with a qualified disability." The word "qualified" stops most of the fakers in their tracks.  Also, "We have an accommodation process in place. If you have a disability and would like an accommodation for that disability, we need you to request the accommodation in advance, in writing. False or misleading information will result in denial."

If the person does have a qualified disability and an animal that meets the standards for being a service/assistance animal... specific to that disability... then we have no problem approving them. However, they must also take responsibility for the animal's care and we require them to sign an agreement to that effect.

I've worked on the advisory board for a local disability rights organization and used to be the non-discrimination compliance officer for a large medical center. People with real disabilities in need of reasonable accommodations are being hurt by vague laws, misinterpretation of the law, and misrepresentation by those who don't have disabilities trying to get their pets into public places and housing under false pretenses. Unfortunately we all need to tread carefully when dealing with this new reality.

Here's our Service/Assistance Animal Agreement:

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SERVICE/ASSISTANCE ANIMAL AGREEMENT

(Addendum to Rental Agreement)

The Month-To-Month Rental Agreement (the “Agreement”) dated_______________________ between __________________________________________________________________________, as Landlord and ________________________________________________________________________, as Tenant of real property located at _______________________________________________________, is hereby amended to include the following terms and conditions:

The rental agreement specifically prohibits keeping pets and animals without Landlord permission; Tenant agrees to follow these terms and conditions in exchange for permission to keep a specific animal:

Conditions for keeping a service animal [tenant must initial]:

_____ Tenant attests that he/she has a confirmed disability as documented by a qualified professional.

_____ Tenant attests this specific service/assistance animal provides necessary service/assistance specific to Tenant’s disability.

Name of animal: ______________________________________________________________________

Description of animal: ___________________________________________________________________________________________________________________________________ (type, breed, color, age)

Veterinarian: _________________________________________________________________________

Emergency Caretaker: __________________________________________________________________

Tenant agrees to:

1.Provide proper care for the animal in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines.See www.aspca.org.

2.Not leave the animal unattended for any unreasonable periods of time.

3.Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.

4.Clean up after the animal and dispose of animal waste properly and quickly.

5.Not leave animal food or water outside the dwelling, as it could attract other animals.

6.Keep the animal from being noisy, aggressive, or from causing any annoyance or discomfort to others.

7.Immediately remedy any complaints that arise from animal behavior.

8.Immediately pay for any damage, loss, or expense caused to others by the animal.

9.Provide animal with regular health care, to include inoculations as recommended by a veterinarian.

10.Spay or neuter the animal when it becomes of age to do so.

11.Arrange for an emergency caretaker for the animal.

12.Maintain adequate insurance to cover claims resulting from damages or injury caused by the animal.

Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s animal.

Landlord reserves the right to revoke permission to keep the animal should Tenant break this agreement or provide false or misleading information.

Landlord ___________________________________________________Date __________

Tenant______________________________________________________Date __________

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Tenants will leave when they want to leave, lease or no lease. Not worth making it miserable for them by demanding more than would be reasonable. If they break the lease by vacating early and return possession of the unit back to you, get it re-rented as soon as you can. You must get it rent ready and market it for re-rent it in a timely manner. 

Technically, you could hold the vacating tenant accountable for whatever the lease and law allows. Hopefully your lease has a lease-break clause, since breaking leases is a fairly common occurrence. Once another tenant starts paying you rent, the first tenant is off the hook. But if the outgoing tenant has been kind and cooperative, leaves the place clean and without damages, and informed you with plenty of notice about their leaving, then I would just let them go and bid them a good farewell.

Great plan!  We love working with Section 8 tenants! We screen them well by our own standards. Our local Housing Authority does their job very well. Section 8 payments are directly deposited into our bank account, tenants pay their portion on time, follow the terms of the rental agreement, and take care of their units (if not, a quick call to their case manager can help get them back on track). Get to know the Housing Authority that will be working with this tenant. Find out who her case manager is and what the inspectors will be checking. You may be able to get a copy of their checklist just by asking. In any case, they will be looking to ensure habitability and to see if the units are well maintained (both by tenant and landlord). Easy to accomplish!

No definitive proof there's asbestos in the popcorn ceiling? A 1-5% possibility? What's the error factor of the test itself? No tenants? You're the owner of the property? Go for it!

Look at the water meter and electric meter. Are the dials moving? Is there a vacant notice card left by the postal service in the mailbox? That would tell you. But first, walk up to the front door and ring the doorbell and knock. Someone just might open the door!

Why do you NEED to replace a 2-tub with a 1-tub. Seems to me, a 2-tub is a better choice from a user point of view.

As to the type of person(s) who can do the job, make sure they have the right skill set and tools. We'd contract it out to two professionals or one general contractor who would likely sub it to two professionals.

@Kelly N. That's great! Tenants like choices,

Jason, also, start fresh with a completely new rental agreement or create an addendum to the current one that releases the departing tenant from the agreement terms. As long as all parties agree, you can terminate a lease and enter into a new one at any time.

I'd thank her for her interest, but let her know you're not seeking an on-site manager for this property.

If you plan to contract with a Property Management Company, it may be time to interview a few more to find one that meets your needs.

Tenant as your Property Manager? Nix. 

Tenant as a site manager with limited responsibilities, perhaps with training. But for a duplex, doesn't seem necessary.

Tenant as a property assistant with extremely limited responsibilities, sure.  We've done this before at an 8-plex.  We paid a tenant to keep the common areas of the property tidy for us.

Are you an out-of state investor? Why are you considering this?

I'd consider it, even though most of our properties are pet free. That's an incredible amount of extra income!  

What kind of animals are we talking about? Consider the risk/benefit of this.

Be sure they are responsible pet owners and create a Pet Agreement that covers their responsibilities.

Here's ours:

PET AGREEMENT

(Addendum to Rental Agreement)

The Month-To-Month Rental Agreement (the “Agreement”) dated_______________________ between __________________________________________________________________________, as Landlord and ________________________________________________________________________, as Tenant of real property located at _______________________________________________________, is hereby amended to include the following terms and conditions:

The rental agreement specifically prohibits keeping pets and animals without Landlord permission; Tenant agrees to follow these terms and conditions in exchange for permission to keep a specific pet:

Condition for keeping a pet:

Tenant agrees to pay additional rent of _____________ per month for the privilege of keeping this pet.

Tenant agrees to pay additional security deposit of ______________ for the privilege of keeping this pet.

Name of pet: ___________________________________________________________________

Description of pet: ________________________________________________________________________________________________________________________ (type, breed, color, age)

Veterinarian: __________________________________________________________________

Emergency Caretaker: ___________________________________________________________

Tenant agrees to:

1. Provide proper care for the pet in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines. See www.aspca.org.

2. Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.

3. Clean up after the pet and dispose of pet waste properly and quickly.

4. Not to leave pet food or water outside the dwelling, as it could attract other animals.

5. Not to leave the pet unattended for any unreasonable periods of time.

6. Keep the pet from being noisy, aggressive, or from causing any annoyance or discomfort to others.

7. Immediately remedy any complaints that arise from pet behavior.

8. Immediately pay for any damage, loss, or expense caused to others by the pet.

9. Provide pet with regular health care, to include inoculations as recommended by a veterinarian.

10. Spay or neuter the pet when it becomes of age to do so.

11. Arrange for an emergency caretaker for the pet.

12. Maintain adequate insurance to cover claims resulting from damages or injury caused by pet.

Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s pet.

Landlord reserves the right to revoke permission to keep the pet should Tenant break this agreement or provide false or misleading information.

Landlord ___________________________________________________ Date __________

Tenant______________________________________________________ Date __________

Tenant______________________________________________________ Date __________