All Forum Posts by: Tim Baldwin

 Since you own both units, you may have the ability to do something about it. The question is, is the "problem tenant" violating state or local law or the lease agreement? If so, you can deliver a notice to cure. If not, then you have no legal remedy against the "problem tenant". 

If your lease agreement doesn't prohibit driving too fast in the residential area of the unit, you need to have a landlord attorney in your state look at the lease you're using, because driving too fast in a residential area may be a civil or criminal infraction or may even rise to the level of endangering the lives of others (neighbors). Of course, it depends on the facts here. The best evidence is a video recording of the alleged conduct.

The "problem tenant" allegedly "telling them what to do" doesn't appear to be behavior you can prohibit, unless it rises to the level of disturbing the peace in violation of state or local law. Of course, if the reporting tenant is overly sensitive or has unrealistic expectations of social interaction, then the credibility of the report may be low. 

In general, a tenant can setup cameras on the rental property as long as they are not invading the privacy of the neighbor. That said, I wonder if these are the kind of cameras that require "altering the property" in any way, because there is typically a provision in lease agreements that prohibits the tenant from altering the property without landlord permission. 

In my view, the only reported behavior that could lead to your action is the driving too fast if it rises to the level of a lease or law violation, but you should investigate to get facts that could prove the allegation before taking any corrective action against that tenant. 

Best wishes. 

If you are unsure of what constitutes legal notice in CA, consult an attorney, because if your notice is legally insufficient, and you have to file an eviction on that notice, the court could dismiss the eviction based on the legally insufficient notice. @Nathan Gesner is correct that there are resources for forms out there. That said, I can tell you that sometimes a standard form provided by an association or even the California Bar may not meet legal requirements for the local jurisdiction that your property is located in. I know this is the case in Florida. Even The Florida Bar and Florida Supreme Court approved forms have a disclaimer that their "approved" forms may or may not meet legal requirements and to consult with an attorney for legal notices. Best wishes. 

It depends on the terms of your agreement. What do the termination provisions say?

Here are some important things to consider as a landlord.

1. 1. Lease agreement. You need a lease agreement drafted by a landlord and property management attorney to fit your business model. Sure, you can download lease agreements online, and some of them are even drafted by an attorney. But most of them are generic in nature and do not fit the specifics of your business model. Granted, if this is your first time as a landlord, you may not realize what your model looks like, which is why you should consult with a property management attorney who can steer you in the right direction and give you things to think about as a landlord.
2. 2. Landlord Forms. You need a library of landlord forms that you will or may use during the tenancy, such as notices, communication templates, etc.
3. 3. Inspections. There are inspection apps that will help you to keep track and record your inspections. You will want to, at a minimum, conduct pre-move-in, mid-term, and move-out inspections. With sufficient photographs and notes reflecting the results of your inspections.
4. 4. Understand Obligations. This goes back to the lease agreement but also includes your state’s landlord-tenant act. You need to know what your and the tenant obligations are and what the legal processes are to enforce the tenant's obligatlions. This will help you to communicate with the tenant regarding maintenance requests, demands for service, handling maintenance and repairs during the tenancy, what the tenant may owe during the tenancy, handling security deposits and claims, etc.
5. 4. Rent Payment Ledger. Ensure that you are using a rent payment software program that records and categories rent and money charges and payments, including dates, payment amounts, and balance owed contemporaneously with the transaction. Whether you use a management software program or use commonly-used computer programs, just be sure to keep accurate records.
6. 5. Rent Payment Methods. Choose what type of rent payment method you want the tenant to use (e.g. online portal, ACH, checks, etc.). Choose the method that works best for how you want to do business. This will need to be addressed in the lease agreement, because you need to be able to enforce rent payment methods during the lease.
7. 6. Move-in Inspection. In the lease, obligate the tenant to conduct a move-in inspection within a certain timeframe after move-in and to provide you with a move-in inspection report with supporting documents or photos.
8. 7. Communication methods. Choose the method of communication the tenant needs to communicate with you so you can keep track of tenant communications. If you want to use email, identify your and the tenant’s email addresses. Depending on your state’s laws, emails could constitute legal notice (assuming the contents of the notice meets legal requirements of the particular notice given), as compared to having to hand-deliver, post, or mail notice.
9. 8. Vendors. Try to establish relationships with common services needed for your property, such as, plumber, electrician, handyman, septic, lawn, locks, etc.
10. 9. Tenant Violation Fees. Your lease should address tenant lease violations and what fees may be owed to cover your administrative burdens of having to deal with tenant violations. For example,

1. 10. Minor Maintenance. Consider obligating the tenant for minor repairs. For example:

There’s a lot to consider as a landlord. @Nathan Gesner is correct: getting good landlord education resources is helpful to educate yourself on the variety of legal and practical considerations of property management. Experience will also help to inform your practices and procedures.

Best wishes.

To me, that is too serious to let go. Your lease or statute may address this, but this is clearly endangering the lives of fellow tenants in the building, which is non-curable. I have had this happen to my clients in Florida, and I advise them to terminate with a non-curable notice to terminate. 

Like Caleb's response, in Florida, a landlord can't terminate a specified lease term on grounds the the landlord wants to sell, unless the lease provides the landlord with that termination option. You have to wait until the term expires. But you can offer a "buy out" agreement to the tenant, and yes, 2 months' rent value is commonly seen. I would not necessarily give up the deposit (if you have one) until a move-out inspection is performed so that there is some security for damages caused to the property. That said, if the circumstances warrant, you could agree to return the deposit as part of the buy-out agreement. 

Appears to be necessary to start the eviction. Chances are, they don't just move out when they are supposed to anyway, so you'd have to start the process.

Alex, it's a great question. I have some thoughts to your question:

1) Maintenance service plans (requires agreement with preferred vendor, or if you have maintenance staff, through your company)
2) Landlord liability insurance through third-party insurance providers (note: this is in addition to a Dwelling Policy, which the owner should already have)
3) Lawn maintenance service programs (requires agreement with a vendor for agreed-upon pricing, or if you have lawn staff to provide this service, through your company)
4) Fee in lieu of security deposit (requires agreement with insurance company that provides this service)
5) Increased inspection options (e.g. "for $___/year, we provide "x" additional inspections")
6) Liability policy that covers tenant intentional damage, criminal acts, and unpaid rent when skipped or evicted (through insurance provider that provides this kind of coverage)
7) Financial reports per quarter (as whatever period makes sense to you) (this can allow you to advise the owner on the health of their portfolio)
8) End-of-year review of the property to show conditions and suggested needed and preventative maintenance items 
9) Preferred vendor discounts (requires a contract with a vendor to give better pricing)
10) Eviction protection programs (this is usually done "in house" when you have sufficient number of units under your management to be able to offer this kind of program)
11) Legal services (requires agreement with landlord attorney to provide those services at set fees)
12) Professional photos option (for enhanced listing)
13) Professional, licensed home inspection (this is more relevant for older homes to ensure safety and habitability are addressed) 
14) HVAC filter replacement program (this can also be a program offered to tenants)
15) Pet and ESA screening through pet screening vendor (helps to streamline and increase quality of screening)
16) Client portal account for ease of communication, updates, reports, etc. (you may already have this available)
17) Smart lock install (helps owner and your company to be more efficient and secure)
18) Rent guarantee programs (requires agreement with service provider - I'm personally not a fan of these, but they are available on the market) 

There are others, of course, but these are "up and coming" types of additional services PMs can offer to owners. Best wishes!

There is a distinct advantage of having local management (whether you or a company is managing). With technology, it's possible to manage from a distance yourself, but it would still be more difficult.

Getting a good property management company is worth the cost (especially when you're out of state), but if you choose the wrong one, it'll cost you more than their fee, in which case, you might as well have managed it yourself. 

When looking for a PM, consider these criteria:

1) the experience and credentials of the broker who supervises the company as well as the lead property manager

2) the services they offer and how they line up with your needs and expectations

3) the use of technology to make their job and yours easier

4) if they have a landlord-tenant attorney on retainer to help guide them on legal issues (not to mention the creation of lease agreement, landlord forms and notices, etc.)

5) their process and policy for a) listing, b) application, c) tenant selection, d) routine inspections, e) maintenance services, f) property and tenancy update reports to you, g) lease enforcement policy, and f) move-out process.

6) property owner reviews (caution: you can't always rely on Google reviews, because they may not reflect actual quality of the company, but still)

7) beneficial programs for both owner and tenant

8) a property management agreement that would indicate they know what they're doing and have the experience to know what matters in a PMA. A lot of people prefer "simple" agreements, but truth is, there is a lot of moving parts in the property management business, and the PMA should take this into account.

9) Access for communication. I would ensure that you will always be able to get in touch with one of the staff. Some companies are very difficult to contact. Not a good thing. 

If you decide to self-manage, you need to consider (at least):

-management software (rent management, communications, maintenance requests and tracking, etc.)
-reliable "handyman" who can deal with minor repairs (make sure licensed and insured)
-tenant self-inspection app or use third party service for inspections
-vendors to service home functions, e.g. plumbing, electrical, HVAC, etc.
-landlord attorney for legal questions, lease agreement, landlord forms, education, etc.

Best wishes.

I can understand why you're frustrated with that. But if your agreement defines "income" from the guest as any monies received by the guest, including fees, cost reimbursement, etc., then that's what you have. If the agreement doesn't define "income" from the guest, I think you have good grounds to discuss this with them to state, "look, the agreement doesn't define this, and it seems reasonable for me to understand that your 18% is not for costs incurred, but only for the income received"--or something to that effect. Best wishes.