IF A TENANT IS WANTING TO BREAK A LEASE, THERE ARE SOME OPTIONS

 

1.   You can simply say “NO” to the Tenant and the Tenant will owe rent until the home is re-rented or the lease is up.  Whatever occurs first.

 

2.   If the Lease also has a LIQUIDATED DAMAGES/EARLY TERMINATION AGREEMENT in compliance with law, and the Tenant picked Choice #1, the Tenant can break the lease by paying the FEE (not more that 2 months rent) in the LIQUIDATED DAMAGES/EARLY TERMINATION AGREEMENT.  The Tenant will NOT owe any more rent under the lease.

 

3.   If 1 or 2 above does not apply, you and the Tenant can come to an AGREEMENT as to who owes what and who pays what when the Tenant breaks the lease.

 

4.   This AGREEMENT that our office provides will state when the Tenant is vacating, what will occur with the Security Deposit and/or last months rent, will state any other terms and conditions and any sums the Tenant is agreeing to pay.

 

5. You cannot FORCE the Tenant to enter into the AGREEMENT.  It is an AGREEMENT by the parties and is entered into voluntarily.

 

IF A TENANT IS BREAKING A LEASE, YOU CANNOT ANNOUNCE TO THE TENANT THAT THEY MUST PAY ANY SORT OF LIQUIDATED DAMAGES OR FEE UNLESS THEY SIGNED THE LIQUIDATED DAMAGES/EARLY TERMINATION AGREEMENT AND PICKED CHOICE #1.

 

ARGUABLY, YOU CAN AGREE WITH THE TENANT ON AMOUNTS AND FEES TO PAY TO “BUY OUT” OF THE LEASE BUT YOU CANNOT FORCE THE TENANT TO PAY AMOUNTS OR FEES.

 

IT MUST BE CLEAR THAT THE TENANT WHO IS VACATING IS NOT ENTITLED TO ANY RENT BACK THAT YOU MAY COLLECT FROM THE NEW TENANT.  

LIQUIDATED DAMAGES/EARLY TERMINATION FEES ARE REGULATED BY LAW.  

 

IF A TENANT WERE TO ANNOUNCE TO YOU THAT THEY ARE BREAKING THE LEASE, YOU CANNOT TELL THEM THEY MUST PAY A LIQUIDATED DAMAGES/EARLY TERMINATION FEE UNLESS THEY AGREED TO THIS IN THE LIQUIDATED DAMAGES/EARLY TERMINATION AGREEMENT SIGNED WHEN THEY SIGNED THE LEASE.

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1.   IF THE TENANT WAS THE ONLY PERSON LIVING IN THE RENTAL AND DIES, STRICT PROCEDURES MUST BE FOLLOWED.

 

2.   A RELATIVE OR FRIEND CANNOT BE GIVEN ACCESS.

 

3.   A RELATIVE OR FRIEND HAS NO LEGAL POWER TO DIRECT YOU TO DISPOSE OF THE PERSONAL BELONGINGS.

 

4.   A “WILL” HAS ZERO MEANING AND A “POWER OF ATTORNEY” DIES AND IS USELESS ONCE THE TENANT DIES.

 

5.   IF A PERSONAL REPRESENTATIVE IS APPOINTED BY THE COURTS, YOU CAN DEAL WITH THE PERSONAL REPRESENTATIVE AS IF YOU WERE DEALING WITH THE TENANT HAD THE TENANT BEEN ALIVE.  THE WORDS “PERSONAL REPRESENTATIVE” AND “EXECUTOR” MEAN THE SAME THING.

 

6.    IF NO PERSONAL REPRESENTATIVE IS APPOINTED BY THE COURTS, THEN 60 DAYS AFTER THE DATE OF DEATH YOU CAN HAVE THE PREMISES BACK AND YOU CAN DISPOSE OF ALL PERSONAL PROPERTY.

 

7.  IF A PERSONAL REPRESENTATIVE IS APPOINTED BY THE COURTS, YOU WILL DEAL DIRECTLY WITH THE PERSONAL REPRESENTATIVE.

 

8.  IF THE TENANT DIED IN THE RENTAL AND DECOMPOSITION OCCURRED, YOU CAN HIRE A LICENSED AND INSURED BIOHAZARD REMEDIATOR AND THEY CAN ONLY DISPOSE OF PERSONAL PROPERTY THAT IS CONTAMINATED.

 

9.  IF YOU INSPECT THE PREMISES AND EVERYTHING HAPPENS TO BE GONE, PLEASE CALL OUR OFFICE IMMEDIATELY AS YOU MAY BE ABLE TO TAKE A CHANCE AND GET POSSESSION PRIOR TO THE 60 DAY EXPIRATION DATE.

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IF THE PROPERTY MANAGER OR OWNER IS NOTIFIED THAT ONE OR MORE TENANTS HAVE FILED BANKRUPTCY, ACTION MUST BE TAKEN

 

1.  A Tenant who files a Bankruptcy is protected under State and Federal law.

 

2.  If a Tenant claims to have filed a Bankruptcy, this must be verified if the Tenant has not provided proof. Our office can verify this for you.  Often the Tenant has not actually filed a Bankruptcy.

  

3.  If it is verified that a Tenant has filed a Bankruptcy, the Tenant cannot be subject to any rent demand actions and no eviction can be filed.

 

4.  The Tenant can no longer be given any demand for payment of any sums.

 

5.  If the Tenant files a Bankruptcy during an eviction, the eviction action will stop at the point it is at due to the Bankruptcy.

 

6.  In order to attempt to demand any rent, file an eviction, OR finish up an eviction action once Bankruptcy has been filed, legal papers must be filed in Federal Bankruptcy Court asking the court to allow the Owner or the Property Manager to proceed.

 

7.  Our firm will file a MOTION TO LIFT THE STAY OF BANKRUPTCY with the Federal Bankruptcy court.

 

8.  A “STAY” MEANS A “STOP”.  Rent demands and evictions are temporarily “STOPPED” by the Tenant filing Bankruptcy.

 

9.   Generally the Bankruptcy court will allow the rent demand or the eviction action to proceed once the Bankruptcy court reviews the Motion to Lift Stay of Bankruptcy and often a short court hearing is required where the Bankruptcy court will usually grant our Motion.

 

10.  The Owner and Property Manager should expect additional expenses and a delay of one to two months.

 

11.  Often, a Tenant who has filed a Bankruptcy or has claimed to have filed a Bankruptcy will continue to pay the rent and if this occurs, no action needs to be taken other than verification if the Tenant has indeed filed a Bankruptcy.  It is permissible to accept rent after a Tenant has filed Bankruptcy but legal advice is recommended as the Bankruptcy court has the ability to demand back the rent that the Tenant has paid and does so in rare circumstances.

 

IF A TENANT FILES A BANKRUPTCY OR CLAIMS TO HAVE FILED A BANKRUPTCY, THE PROPERTY MANAGER MUST IMMEDIATELY STOP AND TAKE THIS SERIOUSLY.

 

IF THE PROPERTY MANAGERS DEMANDS RENT, FILES AN EVICTION OR CONTINUES AN EVICTION IN PROGRESS KNOWING THAT THE TENANT HAS FILED BANKRUPTCY, THE PROPERTY MANAGER COULD BE SUBJECT TO SERIOUS AND EXPENSIVE SANCTIONS BY THE FEDERAL COURT.

 

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ALLOWING THE TENANT ACCESS TO THE ATTIC CAN CREATE GREAT RISKS TO THE PROPERTY OWNER AND THE PROPERTY MANAGEMENT COMPANY

 

1.  Many homes have access to the attic spaces that are unusable, and the Owner and Property Manager has no expectation or intention that the Tenant will use or access the attic.

 

2.  Tenants often access the attic for unknown reasons, curiosity, or possibly due to hearing something that may be in the attic.

  

3.  Tenants are frequently injured due to accessing the attic by falling through the floor to the room below or due to a collapse of the pull down attic stairs.

 

4.  The Lease should clearly prohibit attic access.

 

5.  The attic access should be secured by a lock to discourage access and make it clear that access is not permitted by the Tenant.

 

6.   If attic access is necessary in order to change the A/C filter, the Tenant should not be required to change the A/C filter and a professional should be used.  

 

SERIOUS INJURIE, LAWSUITS AND PROPERTY DAMAGE HAVE OCCURRED DUE TO THE TENANT ACCESSING THE ATTIC.

 

FAILURE TO PROPERLY ADDRESS THE ATTIC SPACES CAN RESULT IN A LAWSUIT BY THE TENANT AGAINST THE OWNER AND THE PROPERTY MANAGEMENT COMPANY THAT MAY NOT BE COVERED BY THE PROPERTY MANAGER’S E & O INSURANCE.  THIS CAN CAUSE GREAT EXPENSE TO THE PROPERTY MANAGEMENT COMPANY AS AN ATTORNEY MUST BE HIRED TO DEFEND THE LAWSUIT.

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                   YOUR TENANT WHO ALLOWS A THIRD PARTY TO MOVE IN IS VIOLATING THE LEASE

 

1.   You are not allowed to evict or remove a person for your Tenant.  Only your Tenant can do this.

 

2.   Your Tenant is violating the lease.

 

3.  You must serve your Tenant with a SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE due to “unauthorized occupant”.

 

4.  This problem was caused by your Tenant.

 

5.  If your Tenant fails to remove the person they allowed in, everyone must be evicted.   

 

6.   Do not accept any further rent from your Tenant if you intend to file an eviction.

 

7.  Do not accept any rent from or have any contact with the unauthorized occupant.

 

8.  Do not accept possession from your Tenant if the occupant is still there.

 

9.  If your Tenant leaves, they have not truly vacated if someone is still in the home.  As long as the unauthorized person is in the home, your Tenant is still technically in the home.

 

10.  Once the SEVEN DAY NOTICE OF NONCOMPLIANCE WITH OPPORTUNITY TO CURE expires, we can file an eviction against your Tenant and when the eviction is completed, everyone will be removed.  

 

A Tenant who allows someone to move in is violating the lease. They have caused the problem and you must serve your proper notice and evict.  Do not feel sorry for your Tenant.  By violating the lease, your Tenant is causing big problems for you and the Landlord.

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Many Property Managers of single family homes, condominiums or other rental units will at some point in their career cross paths with a Property Owner who has not paid taxes and there is a tax lien on the property. Such a situation may cause the Tenant, the Property Owner and the Property Manager significant stress.        

 

NO LEASE BREAK RIGHTS 

The Tenant may be served with a foreclosure lawsuit and other subsequent court documents filed in the foreclosure proceeding and may be spooked. 

As long as the Property Owner remains the titleholder, the Tenant needs to pay rent and honor the lease.  The Property Owner in default can evict the tenant for defaulting on the lease terms. The Tenant does not have a right to stop paying rent or terminate the lease early simply by virtue of the lien or foreclosure action being filed BUT some judges may feel otherwise.           

ACTIONS TO BE TAKEN  

1. If you decide to manage the property, you should get permission from the Property Owner to disclose the lien to the Tenant.

 

2. The Tenant should sign the form we provide where the Tenant is notified of the tax lien and is deciding to rent the property nonetheless.

 

3. Many Property Managers charge the Property Owner a higher commission in this circumstance as further problems and hassle may arise.

 

4. The Property Manager needs to be prepared for the Property Owner to potentially not pay for repairs if they are in a financial bind.

 

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1.   If there is a lease in place that has not expired, the lease must be honored.

 

2.   If the Landlord approves, you should offer the Tenant YOUR LEASE as having multiple leases is not advisable and causes problems.

 

3.  If the Tenant signs YOUR LEASE, then the old lease is canceled.

 

4.  If the Tenant paid any deposits to the Landlord, these deposits need to be placed in the Property Manager’s escrow account.

 

5.  The Tenant is notified as follows:

 

1. The Landlord notifies the Tenant in writing that you are the Property Manager and they must pay you from this point on.
2. The Property Manager notifies the Tenant in writing that you are the Property Manager, and they must pay you from this point on.

 

3.   The  Property Manager notifies the Tenant in writing as to where the deposit money is held (bank, address and interest or non interest)

 

NOTE:  If the deposit money is not given to the Property Manager by the Landlord, the Property Manager must get the Tenant to sign the document stating that the Property Manager was not given the deposit and the Property Manager is in no way liable for the deposit.

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UNDERSTAND THE DANGERS TO THE OWNER OF  ALLOWING SUBLETTING FOR SHORT TERM RENTING

 

1.   OWNERS are often tempted to allow a TENANT  to sublease for short term renting.

 

2.  The TENANT may use common platforms like AIRBNB, VRBO, FACEBOOK MARKETPLACE, CRAIGSLIST, social media or any other advertising.

 

3.   The TENANT may be a corporation, putting the OWNER at greater risk.

 

4.   The TENANT may offer to pay more rent or offer to pay all expenses for repairs further tempting the unsuspecting OWNER.

 

5.   The OWNER will lose control of the property and could face fines which the TENANT will not pay.

 

6.  THE OWNER will have no control over who is renting and for what duration despite claims made by the TENANT.

 

7.   The OWNER’s insurance company must be notified as the OWNER may lose all coverage due to this use.

 

8.  If the TENANT is a corporation, the eviction, if necessary may be further complicated.

 

9.  Since the OWNER has no legal relationship with the sublessee, an eviction might not be possible, and the OWNER may have to file an unlawful detainer.

 

10. The subleasing by the TENANT may violate local laws, rules, regulations, and ordinances.

 

11. The SUBLESSEES may cause nuisances and noise disturbances and other violations increasing the risk to the OWNER.

 

12. The SUBLESSEES may use the property for illegal or immoral purposes.

 

13. The TENANT may fail to pay utility bills and the OWNER could be held responsible for massive bills that were hidden from the owner.

 

14. The TENANT may make alterations to the property to increase the number of bedrooms.

 

15. The TENANT may create a full blown hotel renting out individual rooms or renting hourly.

 

16. The property will experience a much higher amount of wear and tear by the SUBLESSEES.

 

THERE ARE MASSIVE RISKS WITH ALLOWING A TENANT TO SUBLEASE THE PROPERTY FOR SHORT TERM RENTALS. THE OWNER NEEDS TO BE FULLY AWARE OF THE RISKS.  THE PROPERTY MANAGER MUST DISCLOSE ALL THESE RISKS TO THE OWNER AS THE PROPERTY MANAGER COULD BE HELD LIABLE FOR THE DISASTER THAT MAY OCCUR.

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UNDERSTANDING WHAT A SQUATTER IS AND HOW TO HAVE ONE REMOVED

 

1.   A Squatter is a person who is living in a home where there is no LANDLORD/TENANT relationship.

 

2.   A LANDLORD/TENANT relationship is where there is a Landlord and a Tenant and there is some agreement, either verbal or written, for the Tenant to pay rent in exchange for living in the home.

 

3.  If you discover a person living in a home and they have no agreement whatsoever with the Owner to pay rent, YOU CANNOT FILE AN EVICTION as there is no LANDLORD/TENANT relationship.

 

4.  Law Enforcement should be called to see if they will TRESPASS the person or persons. Usually they will not UNLESS it is perfectly clear that the person just broke in.  Usually, Law Enforcement will not remove the person or persons.  LAW ENFORCEMENT WILL TELL YOU THAT AN EVICTION MUST BE FILED – THIS IS INCORRECT.

 

HOW DO YOU REMOVE A PERSON OR PERSONS WITH NO LANDLORD/TENANT RELATIONSHIP?

 

1. You can threaten them with legal action.

 

2. You can call Law Enforcement and see what happens.

 

3. You can get them to sign a SPECIAL AGREEMENT TO VACATE FORM WE PROVIDE that converts them into Tenants and then we can evict if they do not vacate.

 

4.  You can pay them to vacate. This is CASH FOR KEYS and we have the CASH FOR KEYS FORM.

 

5. We can file an UNLAWFUL DETAINER ACTION. An UNLAWFUL DETAINER ACTION is similar to an eviction.

 

EXAMPLES OF WHEN YOU DO NOT HAVE A LANDLORD/TENANT RELATIONSHIP

 

1. A person is scammed and pays a fake landlord.
2. A guest is allowed to stay and refuses to leave.
3. A person is allowed to live in a home for free.
4. A person just goes in and takes up residence.
5. The owner is foreclosed on and a person is left behind.
6. An Owner buys a home and a person (not the former owner) is in there and there is no prior verbal or written tenancy in place.

 

HOW DO YOU HAVE US FILE AN

 UNLAWFUL DETAINER?

 

You send us the information by going to this link: https://form.jotform.com/Heist/unlawful-detainer     

 

Always try the multiple alternative methods to avoid having to go the legal route. Always contact us first so we can assist you. DO NOT make any DEALS with the person or persons without contacting us first.

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SIGNING THE LEASE FOR THE LANDLORD HAS MANY ADVANTAGES AND GENERALY DOES NOT INCREASE THE PROPERTY MANAGER’S LIABILITY

 

1.   To sign the Lease for the Landlord, you must have a Power of Attorney that our office provides for free. It must be signed, witnessed and notarized.

 

2.  The Power of Attorney gives you the specific power to sign the Lease on the Landlord’s behalf.

 

3.   By signing the Lease for the Landlord, you will streamline the process.

 

4.  The Tenants always sign the Lease and addenda first and once everything is proper, all money collected and all terms and conditions complied with, the agent, with the Power of Attorney signs.

 

5.  Allowing the Landlord to sign gives too much unnecessary control to the Landlord to delay, forget, change their minds or even discriminate if they do not like who the Tenants are.  A Landlord may not like children, the national origin of the Tenants or the fact the Tenants may have a Service Animal or ESA. A Lease can tip a Landlord off and cause serious problems.  

 

6.   Signing the Lease with a Power of Attorney does not increase the Property Manager’s liability in most cases.  

 

7.   Prior to signing a RENEWAL of a Lease it is crucial that the Landlord wishes to renew. ALWAYS CHECK FIRST. ALWAYS, AND GET THIS IN WRITING.

 

8.  A successful, streamlined Property Manager operates like this:

 

1. They advertise the property.
2. They screen and approve or disapprove the Tenant.
3.        They have the Lease prepared.
4. They have the Tenants sign the Lease and then sign for the Landlord with the Power of Attorney.
5. They tell the Landlord the good news after the Tenant has moved in.
6.       They may or may not provide the Landlord with a Lease copy but, provide it for sure upon the Landlord’s demand.

 

TAKE THE TIME TO THINK ABOUT WHY YOU MAY BE CURRENTLY HAVING THE LANDLORD SIGN THE LEASE AND LOOK INTO THE ADVANTAGES OF SIGNING THE LEASE FOR THE LANDLORD. YOU MAY BE PLEASANTLY SURPRISED.

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