ALLOWING A TENANT TO INSTALL THEIR OWN WASHING MACHINE CAN HAVE SERIOUS AND DIRE CONSEQUENCES.

 

1.   Basically anyone has the ability to install a washing machine with little to no mechanical knowledge.

 

2.   An improperly installed washing machine can result in serious flooding and/or mold issues.

 

3.    An old or defective water rubber supply line can rupture or leak causing immediate serious damage. Only braided stainless steel supply lines should be used.

 

4.    The Property Manager and the Tenant may have no knowledge of the defective water supply line(s).

 

5.    Often the small round washer in the supply line fitting will fall out in transit resulting in slow unnoticed leaks and resulting water and mold damage.

 

6.  The washing machine drain line must be installed properly or it can fall out or come out of the house drain pipe due to the water pressure or the movement of the washing machine. Many Tenants and Property Managers do not know that this drain line must be properly secured.

 

7.    If a Tenant is allowed to bring their own washing machine, it should be installed by or installation supervised and inspected by the Property Manager’s handyperson or trained staff.

 

8.    Charging the Tenant for the installation or supervision is perfectly reasonable and wise and most Tenants will have no difficulty accepting this charge.  

 

UNDERSTANDING THE DANGERS OF A TENANT INSTALLED WASHING MACHINE IS CRUCIAL. TAKE THE STEPS NOW TO AVOID A DISASTER.   ANY TENANT INSTALLED WASHING MACHINE SHOULD BE INSPECTED AS SOON AS POSSIBLE MAKING SURE THE DRAIN LINE IS SECURED AND RUBBER SUPPLY LINE HOSES REPLACED WITH BRAIDED STAINLESS STEEL SUPPLY LINE HOSES.

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THE PROPERTY OWNER SHOULD EXPECT AND BE PREPARED FOR A WALL MOUNTED TELEVISION

 

1.   Many Tenants wish to have a wall mounted television.

 

2.   Allowing the Tenant to self install a wall mount is a serious mistake.

 

3.   An improperly installed wall mount will cause damage to the wall, could create a dangerous situation, and the Tenant often will remove the mount leaving significant damage.

 

4.   If appropriate, the Tenant should be asked if they wish to have a wall mount and the Property Manager should have the mount installed at the Tenant’s expense if it is decided that a wall mount is allowed.

 

5.   In most cases, the properly installed wall mount should remain on the premises as it will often add value and versatility to the premises.  

 

FAILURE TO ADDRESS A WALL MOUNTED TELEVISION PRIOR TO THE TENANT TAKING OCCUPANCY CAN RESULT IN A SERIOUS EXPENSE TO THE OWNER AND UNINTENDED CONSEQUENCES. 

 

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DO NOT TRUST A VENDOR WHEN THEY STATE THAT THEY ARE WAITING FOR A PART FOR A REPAIR

 

1.  Often a part is needed to complete a repair job and you are told by the vendor that this part is not available, on back order or there will be some significant delays.

 

2.  Many vendors only buy their parts from their own preferred suppliers.

 

3.  The vendor then marks the price of the part up sometimes by 100% in the final bill to you.

 

4.  Often a Tenant cannot be forced to wait for a part to arrive and legally may have a right to stop paying rent or withhold rent.

 

5.  If the vendor tells you that they are “waiting for a part” or the arrival time for a part will be significantly delayed, you MUST jump into action.

 

6.  ALMOST every part needed for a repair is available online if you are willing to find it on your own AND potentially pay more for the part and pay for expedited shipping.

 

7.  The Property Manager cannot accept the vendor’s representation about a part availability or delay.

 

8.   If a vendor will refuse to guaranty a part that you purchase, then you must make a decision as to the risk of a delay versus the risk of a part that is not guaranteed.

 

9.  YOU as the property manager must make your vendor understand how important it is to get a repair completed as YOU are required to get a repair done in a fast manner.

 

10. Your vendor often does not see the urgency in a repair.  This is YOUR responsibility.

 

TAKE CONTROL AND QUESTION ANY PART DELAY OR REPAIR DELAY BY YOUR VENDOR.  TAKE ACTION TO GET THE NEEDED PART EVEN IF THERE IS AN INCREASED COST INVOLVED AND MORE WORK ON YOUR PART.   

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                ALLOWING THE TENANT TO INSTALL A TOILET SEAT BIDET CAN END IN DISASTER

 

1.   There are products on the market called Toilet Seat Bidets which can be installed using the water supply line to the toilet.  

 

2.   Water supply lines are fragile and valves often will break or leak if used.

 

3.  If the Tenant installs a Toilet Seat Bidet, they must close the valve to the toilet water supply line and insert in the extra water supply line for the Toilet Seat Bidet.

 

4.  By touching the toilet water supply line and installing the Toilet Seat Bidet, the Tenant is engaging in plumbing and alteration and this should not be allowed.

 

5.  The water supply lines to the toilet and the water supply line to the Toilet Seat Bidet are often made of cheap materials which can result in a leak and water damage.

 

6.   Simply turning the valve of the water supply line off can result in a breakage of the valve and major water damage where the main valve to the home must be turned off to stop a flood.

 

7. Each year, Toilet Seat Bidets cause massive flood and water damage to homes.   

 

 

DO NOT ALLOW THE TENANT TO INSTALL A TOILET SEAT BIDET IN ANY HOME YOU MANAGE.

 

IF UPON INSPECTION YOU DISCOVER THAT THE TENANT HAS INSTALLED A TOILET SEAT BIDET, HAVE YOUR MAINTENANCE TECH REMOVE THIS ASAP.

 

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UNDERSTANDING WHEN YOU CAN GO STRAIGHT TO LEASE TERMINATION

 

1.   Almost every noncompliance is “curable” meaning the Tenant can stop doing something they are doing or start doing something that are supposed to do.

 

2.  If a noncompliance is curable, you MUST allow the Tenant a chance to cure even if you don’t really want to.

 

3.   You must get advice from us before you serve a 7 DAY NOTICE OF TERMINATION.

 

4.   You must be able to PROVE the noncompliance and PROVE that it is of a noncurable nature.

 

5.  Examples of noncurable noncompliances include but are not limited to:

 

1. Starting a fire or causing a flood that severely damages the property.
2. Committing a serious crime on the premises.
3.     Intentionally and severely damaging or destroying the property.
4. Assaulting the manager or Landlord.
5. Giving a fraudulent check.
6.     Serious lies on the rental application.

 

6.     Our firm will help you decide if a noncompliance is “curable” or “noncurable”.

 

7.   Our firm will prepare the 7 DAY NOTICE OF TERMINATION for you, you will serve it and after 7 days we can file the eviction.

 

8.  Always try to get the Tenant to sign an AGREEMENT TO VACATE.  This will mean that if they fail to vacate, we can evict without having to prove the noncompliance.

 

9. You cannot ask for or accept any rent once you find out that the Tenant committed a noncurable noncompliance.  Acceptance of rent forgives the Tenants actions. 

 

MOST PROPERTY MANAGERS HAVE NOT DEALT WITH A NONCURABLE NONCOMPLIANCE AND FEW HAVE EVER BEEN TO COURT ON A CONTESTED CASE.  LET OUR FIRM GUIDE YOU THROUGH THE PROCESS.

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ALLOWING A TENANT TO PAINT IS A MAJOR MISTAKE BUT WE WILL PUT THE WORDING IN THE LEASE IF REQUESTED.

1.       Who will be painting?
2.       Does the painter have to be licensed and insured?
3.        Who will be paying for the painting?
4.        Who will approve the paint color(s)?
5.        What type/color/finish of paint is required for walls?
6.        What type/color/finish of paint is required for ceilings?
7.        What type/color/finish of paint is required for trim?
8.        What type/color/finish of paint is required for doors?
9.        Is painting optional or is it required?
10. What rooms will be painted?
11. When is painting to be started?
12. When is the painting to be completed?
13. What type of paint finish is to be used and where? Flat/Matte? Matte Enamel?  Satin? Eggshell? Semi-Gloss? High Gloss ? 
14. What brand paint is to be used?
15. Has the Landlord been fully advised of the dangers in allowing the Tenant to handle any painting?
16. Does the Landlord understand that the painter could potentially lien the property and hold the Landlord responsible?

Allowing a Tenant to have anything to do with painting a premises is dangerous and not advisable.  The Landlord should be fully informed of these dangers and clearly state to the Property Manager in writing that they shall not hold the Property Manager liable for any disasters which may occur.   The Law Offices of Heist, Weisse & Wolk, PLLC will not be responsible for any problems which may occur if the Tenant is allowed to have anything to do with painting.

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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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