Monthly Legal Insights

For Property Managers and Landlords

We all have TVs and with the prices so low, bigger is better. The last thing you want is for a Tenant to mount a TV themselves. The damage a Tenant can do to the wall and what's behind it is astounding. Damage, liability and potential disaster. Is there a place where it is obvious a Tenant may want their TV mounted? Communication with the Tenant and an agreement on where the mount will be installed and who will pay for the install is crucial to avoid a big surprise later.

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Most property management software today has a built-in Tenant screening portal to “save you time”. What do you get? Usually, one of the worst quality screenings possible. While you think you are saving time, the time you will spend dealing with a bad Tenant who ends up getting approved will make you regret it and could create serious liability for your property management company. The “one stop shop” is a lie. Our office files thousands of evictions each year and we see the same Tenants popping back up for another eviction. In almost every case, the Property Manager has used the software provided screening. Find a good company for screening and stop using the software provided one. You will thank us later.

One of the most frustrating eviction delay tactics is the Motion to Determine Rent. This is a Motion the Tenant can file challenging the amount of rent that is on your eviction complaint or denying that they even owe rent at all. It's important to understand this Motion as you may have to explain the delay to your Owner. The Motion to Determine Rent will often result in the Judge setting a hearing or mini trial that will prolong the eviction action. The Motion could be all lies. This does not matter to the Judge until such time as you have gone to court where often, the Tenant will not even show up or, the Judge determines the rent and orders it to be placed into the Court Registry.

Learn more here and watch the video — Tenant Eviction Delay Tactics...

It's bad enough that many Property Managers neglect their duties to properly inspect the interior of the rental unit on a periodic basis but skipping a simple drive by? You don't need your Owner getting a call from a neighbor or HOA Karen complaining about a neglected lawn, garbage accumulation, abandoned cars or junk on the property. Make a drive by a priority. Some of the most consistent on time rent paying tenants neglect the property or “hide things”. The same ones that come up with excuses regarding the interior inspection scheduling and keep telling you a time is “not convenient” until you give up or forget. A drive by finds that unauthorized dog or even the extra vehicles indicating unauthorized occupants. Never assume that things are fine. Take the time to do this to all your properties. You may be in for a surprise that's easier to fix sooner than later.

Often a vendor just does not quite "work out". It may be carpet cleaner, landscaper or any other outside vendor you may be using. You notify your regional manager who tells you to "fire the vendor", and you then notify the vendor that their services are no longer needed. However, the problem is that terminating a contract often requires following the detailed terms and conditions governing termination within the contract. Possibly there is a curative period, penalty to be paid, special type of notice, or a specific number of days' notice is required. Failure to follow the contract terms could result in the contract continuing or your company having to pay for work that is no longer being done. Remember that most vendor contracts were written by the attorney for the vendor, so beware!

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At some point, you may have a Tenant who is a YouTuber or podcaster and makes money full or part time on various social media or podcast platforms. If they are not currently doing it, they may in the future. What happens? Modifications. A garage or room turns into a full-blown studio with wiring, lights, painted walls, sound deadeners glued to walls, LED lighting, and all kinds of equipment attached to the walls and ceiling. That garage or bedroom can also turn into a podcasting studio where other guests or podcasters are coming and going. That's a BUSINESS and your insurance may not even cover any of this. If you know ahead of time that your prospective Tenant will be doing this, STOP and reconsider whether you want them as a Tenant, if there will be an additional security deposit or other requirements. Trust us on this. When the Tenant leaves, you are going to find a real mess.

The bacon is cooking away on the stove, and your Tenant's toddler decides to investigate. Opening the oven door, he finds this to be a convenient step with which to examine the bacon cooking. While standing on the now open oven door, the oven tips forward and the bacon grease goes flying severely burning the toddler. A lawsuit waiting to happen? They are happening right now. You have some action steps right now and will be in for a surprise.

Read more here and watch the video — The Tipping Stove...

Your Tenant has a gas grill on the balcony. A Seven Day Notice to Cure results in it disappearing from the balcony. All good? Where did it go? It ended up in the spare bedroom where a child playing with the knobs results in the apartment filling up with propane that ignites 5 hours later when the family comes home from dinner and turns on a light switch. Can it happen? Yes, it can!

Watch the video — Quick Tip: Gas Grill Dangers...

Taught by: Attorneys Harry Heist or Kirk Eason

Having trouble getting out of the office for a day? Book a date and time for a 2 hour ZOOM LEGAL CLASS designed for your portfolio or association. Dates are filling fast! Don't let a scheduling conflict hold you back from the education you or your agents need. Have a real estate license? We can get you CE credits!

Email us at info@evict.com to get scheduled...

This Month's Top Property Manager Situations

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