Entire month of rent (30 days or more) must be late before Landlord can proceed with eviction.
If Tenant pays partially, they still have to pay late fee. Assess late fee, issue notice and collect late fee. Landlord do themselves a huge disservice by not collecting late fee
Use "Application of Funds Clause" to chronologically apply fund to past due first. You will discourage tenants to pay whenever they want. The goal is to incenticize tenants to pay rent ontime and infull.
Sudden Unemployment. That person can no longer pay rent. Tenant cannot rely on Landlord kindness to get back on their feet. It's not your task to take on.
Partia Payments, issue another Notice to Vacate, acknowledge partial payment received, but balance is still due. Stick to your gun, don't accept rent if they keep paying late or partial.
If payment is in cash, Landord is required to issue receipt.
"My last landlord is terrible". There is conflict and tenant asked to leave. Tenant is not an easy part to get a long with. Past behavior is indication of future behaviors
If Tenant claim my former home is dumpy. It may indicate this tenant will trash your home too. Asking why tenants let landlord have the home fall into a disrepair state.
"I want to pay full year rent in advance". Tenant may use your home for illegal activities.
"Would you mind splitting up this deposit over time?". Red flag indication: Tenant can't afford your place. Non-payment down the road is ...expected
Tenants have too many jobs over the last 12 months. Indicate this person is not stable enough to stay at a job. This same person is not stable enough to pay rent.
We are all out of state, we don't have job yet. Landlord is told that their income is insecured even when they can pay deposit and 1st month rent.
"I can sign right now today". This enthusiasm likely means they lose their place somewhere else and need a new place urgently. Something goes wrong?
"I get paid in cash". People who are not truthful to others is likely not truthful to you. If you can't confirm income or confirm the income is steady enough, move on to the next candidate.
Prospect picks out too many goes wrong when they tour the house. They'll neat pick non-stop later.
Check Prospect social media posts. Compared to Linked In page that is contrary to what tenant say: different job, still in school or unemployed
Need to see physical ID. Don't rely on digital ID that could be photoshop
Never give Tenant access to Security camera password
If Tenant disabled/altered your camera, add the camera term in your lease. Send Notice of Default, Lease allows Landlord to do record the exterior perimeter of the building, , any future occurence of the same (disable, block camera) will result in eviction.
No camera inside is allowed as you infringe on Tenant privacy
Submit itemized deductions within 30days after Tenant move out
Tenant Breach contract and move out early, if Tenant finds a replacement to fill the rest of their lease term, then Landlord has no loss and should return deposit. If Landlord has to remarketing to find new tenant, Landlord can keep half of Tenant deposit, and payment duration of vacancy
If payment is agreed, and Tenant defaults on payment plan. File Eviction plan first, then file Rule 11 agreement. Tenant agrees to do XYZ, if Tenant fail to do what they promise at any point, we are holding a separate doc which is an agreed judgement that we can file immediately to speed up eviction to have them removed.
Supreme Screening. If you don't have great screening, you are guaranteed to lose money. Check Creidit, Background, Rental history, Employment.
Explain Your Default Procedures. Landlord expect rent to pay ontime, everytime (problem with the bank, payroll issue, medical emergency is not valid reason to not pay rent ontime)
Landlord must have a plan for default. Send notices immediately to build your case for eviction when needed. If you sit passively when default happens, it will happen again and again.
There should be NO gap in your payment ledger. Apply late fee toward Tenant rent payment, apply payments in a way to clear your ledge clear of gaps.
Enforce Late Fees. It may feel harsh to Landlord. If you don't enforce it, then it's not important and it should NOT be in your lease. The late fee should be high enough so it stings like a prohibitive punishment. Your late fee is late if not paid after the 4th day.
Notice of Entry, 24 -hour, can enter for repair without notice if it is an emergency.. Meaning Landlord does not seek permission with Tenant to enter but Landlord will do his/her best to notify Tenant.
Most Tenant don't want judgement eviction on their record. So they will get out. Half won't show up in court, and half don't have a valid defense. Mold in my shower is...expected, every shower has it, called mildew.. Most eviction trials are over in few minutes. Statistically about 25% of case is appealed even when Tenant did not show up in court.
Appeal is another layer of delay. 7 days send Notice to Vacate.
Record the judgement, years from now when Tenant in better financial position and want to buy a home, they must pay your judgement first or lender won't lend to them.
Watch for gaps in employment. Contact tenant References.
Do everything in writing as it is clear what you say and no miscommunication
Set boundaries and procedures. Put terms in the lease.
Denied Entry to show property, inspect, repair). Send Notice to Vacate even when they pay rent. And begin Eviction process. It does not get better with time. You can always withdraw your eviction if it makes sense.
Names and Aliases. DOB. Picture of Driver’s License. Credit & Background check
Present Address. Go see what their current property looks like.
Previous Addresses 5-7 years
Current Employer. How much do they make? Other Sources of Income
What Vehicles will be on the property?
Who will occupy the property? Part time kids?
Have you ever been evicted or asked to move?
Have you ever broken a rental agreement? Explain
Have you ever been convicted of a felony or misdemeanor? Crime? Sex Offender?
Emergency Contact
“Any Falsification of this document will result in termination or your lease. “
Not matter if they have criminal history, not matter if they call you names
Lease is important, even oral. In exchange for a habitable place for rent money or services. At Will Tenancy is a ...friend who sleeps on the couch with your permision.
Notice to Vacate (deliver properly with certified mail) before eviction trial
You suffer damages. Tenants could owe you thousand in late fees or unpaid utilities, damages, or security deposit they never pay. Unfortunately, none of those damages matter in an eviction (you need to file these claim separately from eviction court). What maters are: Non-payment of rent, court courts, attorney fee.. Send Notices: Unauthorized occupants or pet, kids write all over the walls, excessive noise, HOA/code enforcement complains....
Landlord To do: Demand posession. Establish your breach. Tenants have 10 days to get out. If day 11 and they have not left, then you can file your petition for sherrif removal and seek resasonable attorney fees.
Tenant do not have the right to simply withhold rent (especially for multiple months) for home defect, even big defect. Landlord has to remedy certain defects (hot water, heating, pipe burst, no electricity...). Landlord must be notified of the defect first and give reasonable time to fix it
A desperate tenant will say and do anything to not get evicted. That does not mean they can twist the facts. As long as Landlord has evidence that they follow the rules and repair in reasonable time, eviction can be awarded.
If Tenant provide proof of notices, pictures and videos of damages, continue to pay rent and Landord is non-responsive, the court may deny eviction and let Landlord/Tenant work it out.
Collect evidence that contract their damaged claims (by inspection in person with pictures and receipts). Inspection your property regularly, suggest 3 months and 9 months. Put in your lease, you'll inspect twice a year.
Even if Landlord has a strong case, Tenant has the right for 1 Appeal and they can excercise that right even if they did not show up in the first court.
If Tenant are in possession, and they did not move out in 10 days, Tenants are obligated to pay rent. Rent to pay in Court Registry, depending on jurisdiction.
When Tenant appeal, the original judgement is ...gone. It starts over in the upper/new court.
In Appeal court, more formal documents are required. Find out ahead what procedural doc/proof is required to bring to court of appeal.
Tenant wants a home, access, safe property. It's NOT about being nice, it's about being CLEAR.
Rental Investment is a Biz, not friendship. Rent should be your priority. Clear?
Every able adult should sign the lease and be screened. Credit, Income, Background. VERIFY, do not take Tenants's words.
Do NOT accept deposit over time. If Tenant can't pay full deposit BEFORE they get keys, Landlord is not protected.
Collect Rent is NOT mean. It's about honoring the agreement. It's part of the agreement.
Late Fee is not mean. Apply payments to old fee first, including late fee.
Tenancy at Will.= Landlord allow them to stay to free initially (friends, family, helping others). Forceble Detainer. First give Tenant 3 day Notice to Vacate.
File for Eviction after 3 Day Notice (for Tenant at Will)
If Landlord claim unpaid rent, then Landlord must provide Rental Agreement and prove Tenant in Default of payment. If Landlord don't have a Lease, he will lose to collect and evict in this case
Notice to Vacate Date. Date matches the date of the Delivery (certified mailing date).
Name on the Notice. Names must include ALL Tenants on the lease. You can't be selectively let some tenants to stay. If Landlord has different roommate, even the roommate who pays rent ontime must be evicted if they enter the same lease with the bad tenant.
Notice to Terminiate the lease is NOT the same as Notice to Vacate.
Mention the Violations, unpaid rent, unauthorized occupants or pet, noise
Method of Delivery. Put Notice in the hand of the hand of the occupants who is at least 16 years . Fix the Notice to the INSIDE of the DOOR (not outside). Best to send 2 same letters, send in via regular mail AND Certified mail on the exact same day. Keep the receipt and proof of mailing. It does not matter if the tenant ever open the mail, it's just need to prove (by the tracking) that the letter is delivered or ATTEMPTED to deliver.
How do you handle Default? Give Notice.
What is your procedure? Multiple and Habitable violations
Death. handlings
Best way to collect rent payment. When is late fee?
Assume nothing about your tenant and don't expect them to know what is a good tenant.
Communication methods, email, text, mail
Ermergency Contact info for both Landlord & Tenant
Where is emergency shut off valve ?
Discuss Repairs and Alterations, Tenant need ask landlord for approval
Make sure you meet Tenant before you sign the lease to make sur e it's legitimate.
Keep 1 key for yourself. If code, always control the code. Notice of Entry.
Never give keys until payment is paid. Don't accept promise to pay, you are setting up for failure from the beginning.
Issue 3 day to Quit notice, repeated proof of Nuisance, witness. Unlawful Detainer lawsuit = sheriff will remove the detainer. If Tenant does not contest the p. Judgment to be issued for possesion.
Rent Control. Even if tenants have not paid rent, if you don't register your unit with Rent Control, Landlord can't evict.
Maximization chance of winning. Attorney who is experienced in this law area. Raise rent to market value. Ground for eviction = Unauthorized occupants/pets, cars, noise, non-payment
Cash for Key. Offer tenants money to move. The average pay is.... $20,000! Building value is based on income of the property, by raising rent, value of building goes up significantly in a sale.
Notice to Perform or Quit in case of unauthorized occupant. In 3 Days that person must move out, if not after 3 days, ALL Tenants must move out, not just that unauthorized person.
Claims for mold. Investigate, most are dust or mildew that can be wiped off
Tenants (NOT Landlord) are responsible for their own safety.
Required: Dead Bolt for door, Fire Alarm,
If Landlord provides a Pest Free Home, then Tenant pays for remedy the problems of pest during their tenancy
If part of the house in uninhabitable (fire, flood, tree fall...in a room and the rest of the house is in good condition) Landlord/Tenant works out a diminished value (reduced rent for that uninhabitable portion). Landlord (diligently) is given reasonable time to fix the uninhabitable area.
Tenant is liable for additional cost of repair if Tenant do not report a material problem immediately. And report it too late when a significant cost is incurred, tenants share this extra cost
Tenants need Renter Insurance to pay for their damaged
Damaged due to Tenant Negligence, tenant pay for the damages
Tenant reck the home: holes in wall, stains on carpet, broken windows, trash... Does it make sense to sue the tenant?
Tenant fail to give proper notice OR Landlord fail to act diligently?
Landlord shoudl Inspect the house twice a year, 3 months and 9 months.
Landlord cannot claim deposit for normal wear and tear. Carpet has life expectancy of 7-8 years.
Tenant constantly pay late without late payment fee. Send Notice of Default. Hold tenants to the term of the lease, then you must enforce your lease. If Landlord let late fee to lag for a long-term, then it becomes a waiver.
Tenant can change the lock if they feel unsafe (with proof).
Landlord is not required to coordinate with Tenant for their convenient schedule. 24 hour notice is sufficient.
If Tenant insist that Landlord/authorized personnel can only enter when Tenant is there, refer to the lease about 24-hour notice of Entry.
If Tenant deny entry (when tenant peace is not violated), issue Notice of Default even when tenant pays rent. Tenant may call Police, if you can show constructive notice, police will say this is a civil matter and won't interfere. After 3 Notice of Default, send Notice to Vacate.
If Tenant change lock, they must give you key or code.
Best to have all these terms in your lease and go over the rules with Tenant BEFORE they get keys. Schedule 3 months, 9 months inspections.