All Forum Posts by: Bettina F.

Requiring a Notice to Quit does not make sense, it would only upset your tenants that you want to keep.  I would not issue one.   One of my general rules  for my life is 1) treat people fairly, and 2) always have a reasonable rationale for your business actions that you could explain to a judge -- letter of the law versus the spirit of the law.  I cannot imagine a tenant being successful in court over a rent raise because you did not issue the "correct" notice, when you have been otherwise fair in your process.

I only do month to month rental agreements.  To raise rents, I send out a "Notice of Change in Terms of Tenancy" giving notice of the rent raise.  My state only requires a 15 day notice, but I give a 60 day notice (more fair, IMO).  The notice states the increase in rent amount and that the new rental amount will be $XXX starting on March 1, 2018.  (for example)  If you use term leases, send the notice of the new rent amount 60 days prior to the end of the lease (or whatever your state law mandates), so your tenant has time to evaluate their options.   Then follow up 30 days prior to lease expiration asking the tenant if they plan on renewing their lease or moving out.  If they plan on staying, then set the time for a new lease signing.

I raise rents annually, on the anniversary of their move-in, even though I only do month to month.  Part of my Landlord Speech at rental agreement signing informs them that I will be raising their rents every year, but that we will do everything we can to keep rent raises reasonable.  Rents are rising in my market.

In my experience, tenants do not move over 3-5% rent raises.  They shop around, realize they are still getting a good deal, want to avoid needing to come up with another deposit and the hassle of moving.

We always get a high proportion of no-shows, too.  That was the impetus for the group showings.  Nothing is worse than wasting time at the rental, waiting for a no-show.    

All you need is one good applicant.

 You will get a lot of people who just clicked the "send more info" button on Zillow.  We have a prewritten email response we send out that details our requirements, total move-in monies required, app fee.  The goal is to get the unqualified to self screen out.  We ask them to reply to this email if they are still interested and believe they qualify.

If they reply a second time, they are then invited to a group showing.  They are asked to bring a copy of their government issued photo ID and a recent pay check stub to the showing.  We bring a copier to the showing, and if they want to apply we copy the ID and paycheck stub right there. I prefer paycheck stubs that show YTD earnings.

They then apply, we screen.  We meet again at the apartment to collect move in money, sign the rental agreement and hand over keys.  We send out the Dodd-Frank required letter to those who did not pass the credit check and keep their app fee.  We refund app fees to those who qualified but we only had one vacancy.  We have a feel good rejection letter we send them.

We only do group showings when we have a vacancy.  Bring a friend or partner  who knows not to say anything that violates Fair Housing.  You only answer questions about the property, do not have the friend ask any questions about family size or where the potential applicants are from.  Have your requirements printed out and visible, so that applicants can self screen themselves out, rather than waste an application fee.   Use actual $ numbers -- say "to rent this apartment you must have a monthly income of $X,XXX and total move-in money is $X,XXX" rather than "you must have an income of 3 times the rent".  Do not expect applicants to do math.  Charge an app fee high enough to discourage the unqualified from applying, but accept applications from all.  Let applicants know that you WILL run credit/criminal/eviction checks -- you are not just collecting app fees to line your pocket.

Bring a computer printer/copier to the showing. Ask applicants to bring a copy of their government issued photo ID and a paycheck stub to the showing, if they are interested you can copy right then.  We collect app fees at the showing, run applications and refund the app fees to those who qualified if we rented to another.  We have a standard feel good letter we send to qualified applicants who just did not get the apartment due to only having one vacancy.

In my experience, the people who have to "think about it" are the ones who realize they will not qualify and say that to save face.  You will never hear from them again.  The applicants who know they qualify and want to rent the property, will be very eager to get their app fees and applications in. 

Sorry, to be the bearer of bad news, but you need to start attending HOA meetings. Run for the board. Do a mailing out to the other owners, to get them on board with making the HOA perform. The condo's HOA fees are probably being diverted into someone's pocket.

One of the BP podcasts deals with this situation. The lady interviewed had just this problem, and she ended up on 3 HOA boards -- but her investments were protected.

Pay the bill and pro-rate the electricity bill as a Security Deposit deduction.    Even if they don't pay, it is a lot cheaper than frozen/ burst pipes.

I grew up in Lompoc!  Do they still have the Flower Festival?   Cabrillo High School Rules!  

What you want to avoid is a tenant moving in their BF/GF in as an unauthorized tenant.  You can do this by limiting "overnight guests" to a certain limit per month without becoming the morality police.

Most traveling nurses I have known work the night shift, so be sure you can accommodate day sleepers with a quiet house and room darkening shades. 

It is called the Happy Clause.  As in "We want our residents to be happy.  If you are not happy living here, we will release you from your lease early without penalty.  Just sign this paper."  Hand Release of Possession form with a smile.

We have also had good luck with troublesome residents saying exactly what you just posted.  "None of the other residents seem to have a problem with (insert issue here -- paying rent on time,  smoke detectors ,  size of dumpsters, etc.) .  I don't understand why you are having this problem."   Then be silent and wait for her response.  Usually they just flounce off without responding, rather than admitting it is their behavior that is causing the problem.    But it shuts them up and you do not hear from them again.

I am still looking for the screening tool that will screen out princesses.

We actually have garden apartments and our issue is tenants leaving kid's toys and bikes in our newly landscaped flower beds, crushing the plants.  Grrrr

I don't know why the cut and paste came out backwards.  They are numbered 1-13 in our rental agreement.

Here you go:

13.Any illegal substance use on the part of TENANT, his/her family or guests shall be cause for expedited eviction.

12.No parities may be held at this residence.A party is defined as any gathering of guests that creates a noise level that can be heard by neighboring tenants.

11.Absolutely no waterbeds or water furnishings may be used in or on the premises unless otherwise provided herein.

10.Nails may not be put in the walls without prior written permission from the LANDLORD.Nail holes should be small and unnoticeable.If the holes are large or visible, a charge of $5.00 for each hole will be made for repair.No decals or contact paper is to be put on any woodwork, walls, appliances, or cabinets.Nothing may be taped to any walls.

9.TENANT will see that the conduct of him/her self, his/her family, and guests are not disorderly, boisterous, or unlawful; that it does not interfere with the rights or comforts of the other persons on or adjacent to the premises and that visits by the police to the premises for any of the above is grounds for eviction.

8.TENANT will promptly report all leaking faucets or toilets.Water shall not be left running except in winter, when it is sometimes used to prevent frozen pipes.Tenant will accept all responsibility for due to neglect, including frozen pipes.

7.TENANT will properly operate all appliances, fixtures, and plumbing supplied by the LANDLORD.This includes, but is not limited to, coin operated appliances used by TENANTS.

6.TENANT will keep clean and sanitary and comply with all laws and ordinances.

5.TENANT will reimburse LANDLORD for replacing all broken glass regardless of cause.

4.The LANDLORD will maintain the yards in cases of an apartment building with common grounds.TENANT will in case show proper respect and care of the surrounding yard and property of the residence.TENANT agrees to pay for all damages done to the yards, shrubs, trees, etc. by him/ herself, guests or agents.Parking any motor vehicles on the lawn or landscape is also forbidden. Children’s toys will not be left in common areas, or in flower beds.

3.TENANT will notify LANDLORD when leaving for an extended amount of time (more than 2 weeks).

2.No animals or pets of any kind shall be kept or harbored on the premises without written permission from the LANDLORD. Such permissions will be entered under the “special provisions” sections of this agreement or an attached addendum of this agreement. Additional charges may be made for pets. Visitor’s pets are also not allowed.

1.No smoking is allowed in dwellings.Any smoking in dwelling constitutes a violation of the lease agreement.TENANTS will lose full deposit.

TENANT agrees to abide by the following set of RULES for residents of the premises:

Nothing looks more ghetto than tenants leaving their personal belongings in common areas.  It can quickly spiral out of control and be a tripping/fire hazard to the other tenants.  This is part of my pre-move in Landlord Speech and is clearly prohibited in the rules section of our lease.  

I would issue a legal Cure or Quit and enforce it.  The good news is that you will only have to evict one tenant and the entire building will shape up.