All Forum Posts by: Fred Dray

I would set qualification requirements and stick with them, that way you do not discriminate.  At the top of my qualifications would be: No evictions, bankruptcy, section-8, no more than one minor credit issue (late payment), income must equal to at least 3xrent rate and good rental history/reference from prior landlords. 

It's been my experience that tenants with prior issues often repeat said issues.  Be strict and maintain higher rental standards to get less problematic tenants.

Why no section-8?  You lose too much control over tenants.   Stay away from tenants without jobs.  Many tenants  are on section-8 because they lack education, motivation to work or job skills.  If they spend all day at the dwelling there is likely to be more wear and tear.  In my experience they tend not to take great care of the unit.

However, I'm in Southern CA where demand for affordable apartments is often greater than supply.  Thus, it's easier to be selective.

Best of luck

We do inspections twice a year.  When clocks are set back and forward.   On the notice we tell tenants we are inspecting for mold/mildew, to check smoke and carbon monoxide batteries and ac/heater filter change.  Landlords/owners should definitely conduct inspections as it allows you to look for leaks, pets (if not allowed), roommates not on the lease and general condition of apartment and a host of other things. 

So as to not seem invasive, you are just observing as you change filters and look for mold.  If something is found (cat) we don't say anything on the spot (avoids conflict).  We simply follow up with a letter saying :"During our recent inspection it was found....."

I could write some interesting posts about things we've found.

Not only are you maintaining the property by inspecting, I think it helps set standards as tenants know management monitors the property and will often take better care of things. 

Well, you had me worried.  I went to postlets.com and the site said it's Zillow now.  I logged in and it sent an e-mail to me to confirm it's my account and re-set my password.

Once I did that, back to Zillow where all my original listings were stored as before.

So, it seems same thing as before only through Zillow.  Fortunately, I don't have any vacancies to list...so I'll be trying it out in the future.

While I rent most of my units through Craigs List, would have been a shame to lose what postlets offered.

My first question would be did you do a pre-move out inpsection?  In CA the landlord is required to offer a pre-move out inspection within 2 weeks of move out date.  At that time we notate all repairs needed with an estimate of cost of repairs.  That provides a tenant the opportunity to find a licensed contractor who may be able to do the repairs cheaper.  How this would apply to you is you would know what the landlord intended to charge you for.

I guess this is not nation-wide, but the standard in CA is paint should last 3 years.  If a tenant lives in apt. more than 3 years no charge for painting.  Between 2-3 years then 33% cost of paint.  1-2 years then 66% cost of paint.  Less than 1 year 100%.  The question is if touch up walls included the water damage areas. 

As a property manager who conducts and sets rates tenants will pay on moveout after inspections, I have to say the cleaning seems fair.  Most tenants want to clean and get all their deposit back.  But the questione comes down to: Is it really rent ready?  Most tenants do a good job with obvious areas, but did they take the blinds down and clean the top and each slat?  Same with ceiling fan blades and all the hard to get areas.  Did they remove stove top and clean around burners, get all grease off range hood.  Might be tough for you to dispute cleaning.

Bulbs...that's a tough one.  I never charged for bulbs because it seems like going too far.  But the standard is an outgoing tenant is suppose to leave unit in same condition as when they moved in with the exception of normal wear and tear.  So if they can prove bulbs were new when you moved in, then they can charge for burned out bulbs at move out.

Clog for sink $25...that's cheap.  We can't find a plumber that won't charge at least $40 just to drive out to the property and they they charge for the repair on top of that.  Here's the test for a clog...fill the sink up with water and pull the drain.  If you get the whirlpool as water drains out, then water is being sucked through the drain and no clog.  If a plumber snaked the drain, then they likely will say on the bill...found hair or whatever they pulled out.  So the pm should be able to prove why they are charging for that.

While they don't seem to be cutting you any slack on move out expenses, it doesn't seem they are going overboard either.  You're doing the right thing to dispute with the pm company before going to court.  It's my experience if a tenant howls loud and long enough and they were reasonable good tenants, we would let items go that might be difficult to prove like switch plate, light bulbs, burner pans (surprised they're charging for that as they almost always have burn marks).

One thing that stands out is they did not make the proper effort to repair the roof.  Obviously, they can't work in the rain.  Once the rain stops, they can do proper repairs.  Since you had repeated issues, I would raise hell about how that interfered with and interrupted your ability to live a normal life.   Since water ran down side of wall what they likely did is plugged a hole enough that it re-routed the water.   So, your argument is there should be some trade off...your having to deal with leaks for striking several of the lesser items they are charging you for.  Most owners/pms will be reasonable and make the trade to avoid the time/expense of going to court.  

Good luck and let us know how you meeting goes.

It's is a tenant responsibility to flip breakers and check for power outages before contacting maintenance.  Does it state this in the lease?

Hmm, I understand you are trying to save $$ for needless maintenance calls and I supposed the age of the breaker box/electrical system might contribute to the decison but....I would hesitate to have tenants dealing with all things electrical.  

In this case there were no issues, but if a tenant becomes accustomed to flipping a breaker to fix things there might be a more serious problem being masked.   I'll admit I may be overreacting because the building I manage now has had several issues to where we ended up replacing the entire box and breakers.   I just would be hesitant to have the tenant making decisions when it comes to electrical issues.  I'm in CA, so not sure but would assume furnace fans draw a lot power.  If something is wrong with the electrical system that isn't checked, could lead to more expensive repairs or sparking/fire.  Just my 2cents.

To answer your question, if it states in the lease or in writing else where that tenant is responsible to check breaker and it can be proven that it was a simple power surge then you have reason to charge them. 

However, this could lead to hard feelings, the tenant being afraid to call a handyman for an electrical issue because they don't want to be charged...when you really need a handyman.   If the tenant challenged it in court their main defense would be:

"I tried flipping breaker and it didn't work."

Here in CA I can just hear a judge asking why are you assigning responsibilty to the tenant for making decision on if a handyman is needed?   And then how would you prove what they are saying is false?

So, you may be in the right to charge them, but might be a good idea to let it go if they are good long-term tenants. 

Hopefully any discussions you had with the tenants over repairs and the fact they may be  at fault were also stated in a letter.   This holds up in court much better than "I said, they said."  Also, I advise you to address in writing the fact that you want to call vendors and tenants should report all maintenance needs to you.  Give them maintenance request forms to fill out.  That would give you written documents from them requesting repairs for each washer/dryer repair.

Is there any clause in your lease regarding "Normal wear and tear?"  If it can be proven tenants caused the damage by overloading and you warned them in writing that if it occurs again they would be liable or repairs, then yes, you have a case for billing them.  

Consider installing coin-operated machines, so at least you re-coup some money for future repairs.  If not, make sure machine use rules are posted which include "do not overload machines" and "tenant is responsible for damages due to misuse." 

Bottom line is if tenants cause damage and your lease states or you warn them in writing that they are responsible for repairs, then you should be able to bill them for said repairs.

@Sam G. Are you using a licensed contractor?  Not putting in insulation could be a code violation.  If there was insulation before, it was likely there for a good reason.  If the tenant calls you out on it and you don't put in insulation then there are future leaks you could be liable for lawsuit if it is required to have insulation and there is any kind of mold issues.

If you do use a tenant or relative to do work, make sure they are licensed and have insurance.  Also, check references.   If this guy is experienced and he's questioning why no insulation...I would check into it to protect myself.   Have you checked the current contractors references or have you used him before and trust him?

You wouldn't believe how seemingly innocent little things can come back to haunt you.

let us know what you decide.

@Shar Day In the future, if you know tenants are smoking or doing anything that violates lease terms, then you should send them a warning letter.  Even leaving furniture in yard that kills grass.  That way you have a stronger case in court if you have to evict.  And it multiple instances of issues, you want to document everything in writing to protect yourself and also have a better case to withold $$ from the deposit.

Your lease should stipulates what happens at the end of the year lease either month-to-month or lease renewal.   You definitely have to give proper notice check your state requirements to see what that is.

If you are witholding damages from a security deposit, then I would think you have to supply copies of the invoices for work done along with the remaining security depost money.   In CA it is required to give the tenants an opportunity to have a pre-move out walkthru.  Not sure about your state, but good idea to check.  Best to use a form, hopefully the same form you used when they moved in...to document condition of everything.  Then after they are out, do one final walk thru.

There are alot of landlord/tenant issues you seem unfamiliar with.  Not giving proper notice and several other things you ask about...if not handled according to state requirements could result in you losing if taken to court.  I advise you to get a copy of landlord/tenant rights from your state housing authority and read it thoroughly. 

best of luck

@James Enright makes a good point.  If glass is inside, then something from outside did hit window.  If outside likely not a garbage can.   Did you have strong winds?  Was garbage can full...would take alot of wind to knock over.  Surprising there would be a window so close to the ground that a garbage can could contact it. 

After considering the above questions, do you believe the wind blew the garbage can into the window?

In any event, likely the landlord's responsibility.  However, I would address the situation.  Have tenant keep garbage can well away from window.  Or if strong winds are an issue, have a structure built to prevent garbage can from blowing over.

Surprised to learn I can't delete a post or if I'm wrong please let me know how I can delete.  I wanted to delete this because the original link to the PM vacancy list no longer contains any units that were there when I posted (and at that time were all what I considered to be A/B properties).   If you want to weigh in on how long properties in Memphis should sit vacant, I would appreciate it.  But please not in reference to the PM company or vacancies listed in the link as the passage of time has made the original questing regarding their listings, moot.  Thank you.