The Basics of Owner Protection: The Best Defense is a Good Offense

property management best defense good offense

“The best defense is a good offense.” That old adage has been used for many purposes and spanned many generations. Why is that? Simply put, it’s solid advice for any endeavor. Often, that offensive protection comes in the form of a legal contract or document. If you’ve ever heard someone say ‘get it in writing,’ then you’ll know what I mean.

That statement of fact is something I’ve seen proven in the property management and real estate industry time and time again. Especially when it comes to landlord/tenant relationships. Even the very best renters can encounter difficult problems with their rented property that can cause an argument, or worse, legal action. This doesn’t just hold true for writing the lease itself, but the entire process of renting out your home — before it is rented, when the renters arrive, and after the renters leave.

Before the Renter Arrives

Your home is an investment, certainly, but it also has sentimental value. We’ve found that because a home is such a big part of a person’s life, our property owners and investors are even more keen on protecting them from bad renters. At Simply Residential, we make sure to run full rental histories, criminal background checks and credit checks on all prospective tenants. This process helps us avoid the renters who are most likely to cause damage, steal, or violate their lease.

Once a tenant is placed, it’s time to draft and sign the lease agreement. It’s imperative that your lease is well written to fully protect both the owner and the tenant. Minnesota state laws tend to favor the tenant and put the burden of proof on the landlord, so that calls for an extra layer of protection for people like our clients. Luckily, if you work with a good property management company when renting out your home, they will have the experience to write an air-tight lease, and deal with any issues that may arise while that lease is active.

In your lease, it’s important to make sure you’re not violating any fair housing laws. Most of them are pretty straightforward, but a landlord needs to know the laws to which they’re made to adhere. Some of them may not feel like common sense, and knowledge is key to keeping yourself out of trouble. That way, even if you use a property management company that will handle any lease violations for you, you’re not in the dark about what can and cannot be done. If you’re working with a property management company, they’ll likely have a template to work from. If you’re on your own, you may want to consult a lawyer while writing your terms.

When they sign the lease, you can set a move-in date. Before that date, it’s important to collect the security deposit and first month’s rent from the tenant. Before they move in, make sure to do a thorough walk-through of the property with the tenant, take pictures, and document any existing damage. Don’t forget to note the condition of the carpet, woodwork, and any major appliances that will remain in the unit. It’s helpful to have a checklist of items, so that nothing gets missed by either party and walk-throughs remain consistent pre- and post-move out.

Arrival and Occupation

While there is a renter living in your property, you’re still responsible for maintenance. For example, if your water heater decides to kick the bucket, or you have some leaky pipes in the basement, you need to pay to have those fixed. At Simply Residential, we have a maintenance coordinator to handle all of the paperwork and logistics so that your property is well maintained at the best possible price. If you’re working with a property management company, they’ll be the ones who oversee these kinds of issues. If you’re on your own, this may be your least favorite part of the experience. Emergencies happen, and they have to be dealt with as they come, even if it’s 2:00am.

Property management companies also handle rent collection and late payment notifications. Many of our clients prefer it this way, because this is the area of the business that seems to get the most emotional. Nobody wants to fight over money, and nobody wants to wind up saying something they can’t take back. If you are handling rent collection on your own, always be sure to document each time contact is made as thoroughly as you can.

After the Renter Leaves

Eventually, even the best tenants must move on. Before your tenant moves out, complete another thorough walk through of the property and assess any damages. Small things like normal wear and tear of carpet in high traffic areas, small pin holes in the wall, etc. are to be expected. Be sure to note any damage that you would consider excessive, like holes in the walls or missing windows. Working with a property management company on this will help you determine how much of the tenant’s security deposit you should give back, and what portion  will be needed for repairs. There are many legal issues surrounding this simple process, so if you aren’t working with a property management company, you may want to consult with a lawyer before you make any decisions.

Other times, you may need to evict a tenant. There are a variety of reasons why this could happen, but more often than not, it will be failure to pay rent. If this is the case, there will likely be a long, time consuming process ahead of you. At Simply Residential, we handle this entire process for our clients, from notification through litigation if necessary. If you’re on your own, again, this would be a good time to consult a lawyer.

Being a landlord isn’t easy. There are many facets and possibilities that need to be assessed and regulated throughout the entire process. That’s why working with Simply Residential Property Management  is the right option for our clients and many other property owners. But, if you’re self-managing, make sure you’ve done your research and are protected from the potential dangers associated with bad renters.

If you want to learn more about how Simply Residential keeps property management simple, call us today: 952-893-9900!

Terms of the Lease: The Written and the Not

property management lease laws written and unwritten

There are great words to live by, great beliefs to hold, and great principles to battle for. And the difference between the victim and the victor is experience-based wisdom: Which words, beliefs and principles do we fight for.

Most persons have a general understanding of contract law: Make an offer, accept it, include consideration (something of value to each side) and poof! the promises in the contract are enforceable in a court of law. This idea is classic, foundational and undisputed. Anyone who challenges this idea is working an unfair, unjust, or otherwise inappropriate agenda. Right?

Another classic tenet in the law is: For every rule there’s an exception. It is knowing these exceptions that make property managers and tenants look like magicians.

Lease agreements are interpreted and enforced under contract common law. The common law rules have certain exceptions, such as contracts of adhesion in which terms can be stricken if they were not negotiated, one side lacked power to negotiate, and the term is deemed outrageous. More tricky, the common law can enforce like a contract in a situation where there is no clear offer, acceptance, consideration or agreement.

Common law gives tenants certain rights, most notably the right to the use and enjoyment of the property. Use and enjoyment may be the key consideration the tenant receives for the agreement. If the landlord’s through an action or failure to perform a duty inhibits the tenant’s ‘use and enjoyment’ rights, the tenant could claim a material breach of the contract.

The common law also is bedfellows with statutes. The legislature can create, and has created, laws that trump common law rules for particular purposes. For instance, employment statutes changed employment common law to give employees the right to a minimum wage, safe work conditions, protections against discrimination, and other rights. Similarly, antitrust laws that stemmed a business’s ability to contract with competitors over prices, output and discrimination.

In the realm of rental properties, statutes may exist at the State and municipal levels that can trump the written contract, including: Housing code and repairs, rights to view screening reports, prohibition against oral agreements for rentals over a year, and a hearing before eviction. (Warning, that list is not complete.) The landlord cannot contract against the statute—such an agreement would be illegal or unenforceable.

There also is the impact of other law, such as torts. Although the tort may not invalidate a contract, the tort and contract theories often walk hand in hand. If not, the damages of a tort suit may swallow the damages under contract law.

Then there’s the… other stuff. Experience. For instance, I once recovered insurance proceeds on a claim that arose after the business did not renew the rider coverage. That means that the insurance company paid even though there was no policy to cover the claim. A keen business person holds knowledge of the law in one hand, experience in the other, and balances the can-do versus should-do with ethical judiciousness. (Yes, there was a good reason and argument to get the insurance coverage).

When your property agent suggests patience, hardness, conciliation, or enforcement, the reasons behind the decision will be layered, likely complicated, more strategic than certain, and never based solely on the words in the lease. The lease is a solid starting point. Often something cannot be done unless it is in the lease. Just because it is in the lease, however, does not guaranty that it can be done.

[This post was written by Mike Schechter for Simply Residential Property Management. Mike is an in-house legal counsel for several businesses and a professor of business law at St. Cloud State University. He can be reached at: mike@schechtercounsel.com.]

How Online Rent Collection Improves ROI

pay rent online simply residential property management

Have you ever met an investor who wasn’t interested in making a profit from their investment? It’s highly unlikely. The abbreviation ‘ROI’ (Return on Investment)  is practically punctuation in the financial circle. Our clients are no different, they own a rental property and that’s an investment. It would be foolish for them to not be primarily concerned with turning a profit. In fact, that’s one of the main reasons that our clients hire us — they want to make a profit from their rental property. Their time is valuable, and the more of it they have to invest in late night maintenance calls and following up on late rent, the smaller their return.  After all, it’s a busy world. How much is your free time worth to you?

Of course, the bulk of the profit that our clients make from their rental properties is gained by collecting a larger amount of money in rent than what is spent in expenses. In addition to a positive cash flow, they also reap benefits from the appreciation that is able to be accumulated from their property.

If you’ve decided to invest in real estate, ensuring you’ll make a profit takes on a slightly different form than you may anticipate, with a more specific set of challenges. To make a profit, investors have to ensure that all rent is collected in a timely manner. Every day that rent is not received will cost more money. If the tenant fails to pay their rent completely, then they may have to pursue legal action, which will cost more and begin to erode profits. That doesn’t include the time that needs to be invested in any legal action on the part of the investor — especially one that isn’t represented by a property management company.

One way to reduce the stress of collecting rent is to hire a professional property management service. After all, it’s not always easy to collect rent on time. There are a number of reasons that this may be true. For example, your tenant may be facing financial issues, or you may just have a hard time tracking them down. It may even be due to your tenant having the thought that requested repairs have not been made, so they are withholding rent. Luckily, with a property management company there’s documentation and signed agreements to protect owners from claims like these. No matter the reasons, when rent is due, you need to ensure you are collecting it. That’s one of the key benefits of using a property management company, we collect the rent on behalf of our clients so they get to sit back and collect their earnings.

One way to encourage on-time rent payment is to make it as easy as possible for tenants to get their rent to you. In many cases, this means offering an online portal. This prevents you from having to hunt down tenants, or wait for their checks to arrive in the mail. Since most bills can be paid online now, your tenants may even expect this option. If they can schedule recurring payments, that takes all the stress away from all parties involved. Online payments, in that regard,  allow a ‘set-it-and-forget-it’ mindset when it comes to rent. When you give your tenants an alternative option for paying their rent, you will likely have much more success when it comes to receiving it online.

Another benefit of offering this payment method is that you will be able to more efficiently track the payments that have come from your tenants. For example, you will have real time access to the payments that have been made. This means you will always know if a payment is late, and be able to track which tenants pay on time regularly and which ones don’t without having to do much extra work. A good property management service will have an online portal for owners that allows this kind of tracking.

While collecting rent can be frustrating and sometimes tedious, with the help of a property management company like Simply Residential Property Management, and online rent acceptance, you can streamline the payment process and reduce the instances of late payments.

Air Conditioner Maintenance 101

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Your heating and cooling system uses over 50% of your energy costs in your home. While changing the air filter is one of the simplest things you can do to keep your air conditioning working, a routine tune-up with an air conditioning professional will keep your unit from malfunctioning during the hottest days of summer. Depending upon your unit, a typical tune-up on your air conditioner will likely cost between $75 and $175.

Air conditioners should be tuned up on an annual basis. Signs that yours may be ready for a tune-up are: dirty outdoor coils and/or the cooling capacity is not up to par and is not producing enough air flow. A professional will check the outdoor unit, the indoor and outdoor coils, the capacitors, compressor, check the refrigerant level and temperature as well as complete an all-systems check on the electrical in order to ensure the system is efficient and operating as it should.

If you would like this service at one of your properties, call us at 952-893-9900!

Simply Residential Property Management’s Tips for Tenants: Performing Maintenance

Rental PropertyMoving into a new apartment or home is an exciting experience. Everything is new to you, and it feels like a fresh start. When you rent an apartment or house, you have confidence and trust in the fact that your appliances and other fixtures will be in perfect working order. However, even in the best of situations, things can happen that will require maintenance. While the maintenance staff at Simply Residential Property Management is happy to repair any issue, as a tenant there are things that you can do and check for when your appliances or other fixtures malfunction. Sometimes, the fix is simple and easy to handle on your own. Before you call maintenance to your home or apartment, it’s important to check things yourself first.

One of the most common maintenance issues you’ll encounter in your time as a renter is smoke detectors that aren’t working properly. For that reason, it is important to perform regular monthly tests to ensure these devices are functioning properly. If you are testing your smoke detector and it won’t work, be sure to check your battery. It way seem like a no-brainer, but try to remember the last time you though about your smoke detector battery — chances are it wasn’t within th last month. Sometimes batteries that come straight from the packaging can be defective or damaged and may not work, so make sure you check them with a battery tester and replace them when necessary. Some more common signs of battery related issues are if your smoke detector starts beeping on its own without the presence of smoke or fire, and if the beeps are weak and intermittent.

Property ManagementAnother common issue has to do with electricity and power outages. If you don’t have power to certain appliances or if the power goes out, the first thing you should do is check your breaker panel in the main fuse box. If the fuse to a certain appliance has been tripped it will be indicated by the on/off switch being in the off position or the indicator color of a certain breaker showing a red color. Reset the breakers and if you are still experiencing power failures call maintenance immediately. Trying to reset faulty breakers can increase the risk of fire. Unless you want a ‘Tim the Tool Man’ situation on your hands, it’s best to leave the electrical work to the professionals.

If you’ve ever taken an unexpected cold shower, this third common issue will be very real to you. In the case of having no hot water, you want to check the thermostat located on the hot water tank. Additionally, you want to see if the pilot light is lit in the tank and check the appropriate breaker in the fuse box. In the case of water being too hot, you want to check the thermostat and turn it down to a tolerable level. However, if you are experiencing leaks in your sinks or toilet, you need to immediately turn off the fixtures under the sinks or toilet and immediately notify maintenance.

Have you ever heard the “is your refrigerator running?” joke? Believe it or not, that hits home for many renters. Another common occurrence in apartments and homes are refrigerators that are not properly functioning. Before calling maintenance, you first want to check the thermostat and readjust it if the temperature is too high or low. You also want to routinely clean the front and back grills of the unit since dust and debris and restrict air exchange. If your freezer has excess accumulations of ice, you will need defrost for a couple of days to fully remove ice buildup.

Renting a home, for many people, is an excellent way to avoid all of the irritating maintenance issues that go along with owning your own home. But, as with anything, there are some minor things that need to be routinely cleaned and checked to ensure that things continue to run smoothly. Keep these common issues in mind, and you should be able to have an easy and low maintenance experience in your rental home!

Should you become a landlord?

Rental HomeInvesting your money is a difficult task. Choosing where your money could thrive is a decision not to be taken lightly, and much of how you decide to invest should depend on the kind of person you are.

With housing prices dropping, now could be a good time for you to invest in property. But whereas investing in a property for yourself could earn you money in the long run, the majority of property buyers today need a regular flow of income to help keep up with mortgage repayments.

Investing in property that you can then lease could be the answer, with regular rent payments, helping buoy your finances and eventually leading to a solid income. But before you decide to invest in a buy-to-rent property, there are several questions you should ask yourself.

Are you connected?
Leasing property comes with its own unique challenges, one of which is maintenance and repairs. While many involved in renting property for a long time have built up a trusted list of contractors, first time landlords often have to rely on people they don’t know, which makes finding discounts and enhancing your profit difficult. If you go into the landlord game with several established contacts, repairs and maintenance can be cheap and easy. If you own property in the Twin Cities area, leasing your property through Simple Residential Property Management can take the hassle out of repairs. Their trusted full service maintenance department will be on hand to provide regular assistance to all your properties.

How handy are you?
If you enjoy doing repairs yourself and are capable of maintaining a property, then being a first-time landlord could be easier than relying on contractors. This will also save you money in the future, although it will take up more of your own free time.

Do you deal well with people?
Being a landlord requires you to interact regularly with all kinds of people. Having a good eye for who will be a responsible tenant and who is going to cause you acrimony will save you time and money. You have to accept that the majority of tenants will not care for a property as much as you the owner would like them to. To be a successful landlord, you have to embrace peoples different values and focus on maintaining a positive relationship with them.

Can you cover your own costs?
While there will always be unforeseen costs to a property, there are several regular costs that will drain your overall yield. Before embarking on this venture, you need to work out a budget and consider just how little you can get by on. If you paid for the property with a mortgage, remember that the rent of your property will need to be high enough to match this and cover the cost of repairs, maintenance, taxes and several other hidden costs. Remember that this is about turning a profit, so if the amount of rent required to achieve a profit is too high for the area, it’s probably not worth it.

Remember, you get out what you put in. Being a landlord isn’t for everyone, but if you’ve done your homework and know you can turn a profit, the financial rewards can be great.

Simple updates: The beginning of the year is a great time to tidy up

It’s a good time to reflect on repairs, updates or maintenance that needs to be accomplished; to make sure the rentals are fully occupied and make any changes necessary to make sure they stay that way; and to make sure properties are earning enough.

Repairs and Maintenance

Property ManagementRegular maintenance and prevention go a long way to make sure little things don’t end up costing far more than they should. Take some time at the beginning of the year to go through the property records. Have a look at the major  pieces in the house; the roof, water heater, heating/air conditioning units, etc. Perhaps the roof is getting on in years? Budgeting and planning for a new roof now, prior to leaks and damage, will save you considerable headache and money than waiting for a problem and having to not only repair but clean up the damage as well!

Sending a survey to tenants with detailed questions can also be valuable. The best people to tell you if a small problem is going to blow up down the road are the people living daily in the property. Detailed questions help to make sure that tenants who have gotten used to small issues don’t forget to report them. For instance, a sink that keeps backing up or a toilet that doesn’t flush quite right could be symptoms of a plumbing problem. Having a professional in now could prevent something simple, like a partially clogged drain, from turning into a sewage back-up that would require extensive cleanup.

Updating a property that is functioning

Rental PropertyConsistent updates, make sure that the rental is attractive to potential tenants, as well as making sure that the property isn’t losing you money. Updates to the efficiency of a property make sure you aren’t losing money. Have a look at the heating/cooling costs of a property. If they are eating into your profit, it’s time to update! First have a look at the insulation and windows of a building. If the windows are old and drafty or the insulation is insufficient, even a brand new heating or cooling system won’t fix the problem. If the windows and insulation are adequate, have a look to the units themselves. Purchasing a high-quality, efficient system will save you money on monthly expenses down the road.

Ensuring full rental

Property rentals that are empty do nothing but cost money. Now is a great time to assess any empty units and remedy the problem. Go through any empty properties, and make sure that they show well. Perhaps they need to be repainted a more neutral color, need some minor repairs or updates to be more attractive, or simply need a really thorough cleaning. Check out the neighborhood and make sure there haven’t been any changes that would affect the rental. Perhaps the price needs to be adjusted slightly to take the rental into a new market.

Remember, a rented property is bringing income to you, an empty one is costing you! Check the area and make sure the rental is appropriate prices. If it is the cheapest rental around and is unoccupied, perhaps think about updating it throughout and charging a higher amount to bring a better profit.

When I Get A Price Quote From Simply Residential Property Management, What Am I Getting?

When you are a property manager and you are seeking the services of a property management firm to help manage your properties, you will see many of these companies offer a free price quote in regards to their services. If you are unfamiliar with all the services that an experienced property manager can provide you, it is important to ask what services are included with the price quote. Understanding the services that are included in the quote will allow you to compare these with other management firms in order to get the best price for property management that is both high quality and reliable.

Property ManagementWith the free price quote you receive from Simply Residential Property Management you are receiving a myriad of important services. These services that property management agencies perform allow better relationships to form between property owners and tenants. They help foster this relationship by drawing up leases and being present at the lease signings of new tenants. These agencies also collect monthly rent from tenants and follow up with clients that have not paid rent through late notices and eviction proceedings.

Simply Residential Property Management will also handle the responsibilities of routine inspections and maintenance. These services are necessary in order for your properties to look and function their best both on the inside and outside so that you can retain current tenants and attract new ones in case of vacancy. With their price structure, the agency will also aggressively market your properties to potential tenants through print and television medium as well as through the internet. Other services that Simply Residential Property Management may handle include the acquisition of properties and any construction that may need to take place for improvements or continued maintenance.

These services are provided in exchange for a percentage of what is collected in monthly rent. In addition to the standard fees, there may be additional charges in regards to maintenance, repairs and any commissions that are collected. While the quote you receive from Simply Residential Property Management is very reasonable with the variety of services they provide, it is always wise to compare quotes and services to find the company that will best serve your needs for a reasonable price.Property Management

There are obligations and responsibilities that property management companies will not provide property owners and will not be included in the price quote. For example, property owners will have to pay their own property taxes and will have to know what those obligations are and take care them properly. Also, if there is a mortgage payment that is still owed, property management companies will not take responsibility for those payments.

It is important that if you choose a property management company you fully understand the services they provide and at what cost, and you also want to see if there are any hidden costs or fees. For over 22 years, Simply Residential Property Management has been providing property owners in the Twin Cities excellent management and maintenance services for an excellent price.