Recently, a 20-year-old apartment maintenance worker confessed to killing a child who resided at the same Canton, Georgia complex.

Now, the child’s mother has filed a lawsuit against the apartment managers, claiming they did not do all they could have to prevent the crime.

According to a news report, the allegations center around whether the landlord performed a proper criminal background check. The case highlights the need to obtain screening reports not just on tenants, but on employees as well.

The managers maintain that they always perform a criminal background check on every resident and every employee, a policy which will greatly aid their defense because this landlord likely will need to prove that they met the standard of the industry as it applies to obtaining criminal background checks.

The mother also is claiming that the landlord should have intervened after other tenants complained that the employee appeared to be watching children on the playground.

Early into the investigation, officials said that the man did not appear to have a prior criminal record. After consenting to an interview, the man admitted that he had molested other children in the past, although there was no indication that he was ever implicated in those cases. The man committed suicide while in prison, shortly after providing the interview.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

A Colorado landlord made news this week by battling a tenant’s request to keep a “companion” cat without paying a deposit or additional pet rent.

According to the news report, the woman claims that the companion cat was intended as treatment for stress related to an abusive marriage.

The pet policy for the building requires the payment of a deposit, and an additional monthly increase in rent, presumably to offset the potential damage the cat may cause.

The woman complained about the additional restrictions for the cat, calling it a “companion” animal, a buzzword in housing discrimination. 

Recently, HUD — the enforcement branch for the Federal Fair Housing Act, has been prosecuting landlords who require deposits or extra rent for tenants with animals that are used to treat medical conditions.  HUD rulings have made it clear that the provisions in a lease regarding pet restrictions cannot be applied to “companion” animals.

One case involved a child whose physician prescribed a companion dog to treat his autism.  The apartment building where the family lived had a strict no-pets policy.  The landlord responded to the request by setting out conditions in a special pet agreement, including the requirement that the family buy an insurance policy, a limit on the amount of time the dog is alone in the apartment, a weight restriction, and a rule that the dog be muzzled when it is in common areas. 

HUD has also made it clear that the animal does not have to be a dog.  One HUD ruling suggests cats — and ferrets, are viable alternatives for companion animals. 

In another recent ruling, HUD has suggested that a landlord cannot ask whether the animal is trained, as is often the case with “service” animals.  HUD has indicated that the terms ”companion” and ”service” animals are interchangeable and the same rules apply.  For instance,  a companion animal must be allowed into all areas of the rental property where the tenant is allowed, including in one case the laundry room.
 
Through its grant priorities, HUD has committed to increasing its assistance to persons with disabilities to maintain companion animals in rental housing.

If landlords cannot charge a deposit for potential damages, and they cannot restrict where the companion animal is at any moment or which type of animal will be adopted, can they at least restrict anti-social behaviors in the animals, like excessive noise or aggression towards other tenants or other animals on the premises? 

It would appear that the HUD regulations do take into account the safety of other tenants.  While landlords cannot enforce general pet provisions in the lease, in one instance a HUD representative suggested that a landlord could still enforce provisions in the lease relating to noise restrictions or nuisance. 

In fact, the companion animal is viewed as an accommodation for a person with a disability, and as such, must be reasonable and not create an undue burden.  However, HUD has shown little sympathy for a landlord’s financial losses if the animal damages the rental property.

Applying the rules to specific situations can be tricky.  For instance, take the case of a current tenant with a “companion” dog who has lost interest in picking up the dog’s feces from the common area walkway of a “no-pets” building.  The landlord and tenant had previously agreed that the tenant would hire a clean up service every three days. The tenant is now hedging, questioning whether she should have to pay for the service.  This case is not yet under investigation by HUD, and there is no clarification how far the landlord can push the issue without risking a discrimination complaint.

The Federal Fair Housing Act does not apply to every landlord.  Many smaller landlord businesses are exempt for the federal rules.  However, each of the states is free to pass their own housing discrimination rules, many of which are more restrictive than the federal rules.  Typically, the states follow the guidelines set out by HUD.

A tenant must qualify as a person with a disability in order for the animal to be exempt from pet rules.

In the Colorado case, the tenant initially brought her request to the property manager. It is not clear whether the tenant already owned the cat prior to obtaining the medical authorization for a companion animal. 

Later, when the landlord would not waive the deposit requirement, the tenant went to the local news to garner support for her position.  She told reporters that the cat calms her down, and makes her happy. 

The property manager in this case confirmed that they had been trying to work something out for two months, according to the report.  A couple of days after the newspaper ran the woman’s story, the landlord succumbed to the tenant’s request, and waived the deposit, pet rent and resulting late fees.  The manager told reporters that the concession was offered only because it was at this time that the woman provided proof of a medical condition.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

Are you seeing more crime in your rental properties?

Landlords in Winnipeg have seen an increase in crime and suspected criminal activities, especially gangs, in recent years, according to the Professional Property Management Association.

A spokesman for the Association explained to a local  news reporter that crime places landlords in a difficult position, because they suspect something’s going on, but they may not be able to prove it.

RCMP warned landlords across Canada last year that rental properties are targets for drug operations and gang activities. In one instance, they reported how a motorcycle gang obtained access to a rental property by sending in an impostor to pose as the rental applicant. Criminals are more likely to look for rental properties because there they will enjoy a higher degree of anonymity.

Landlords and tenants alike lose out when there is crime on the property. Recently in Winnipeg, nineteen tenants were injured and several dozen were displaced after a fire erupted in their building. Gang-related arson is the suspected cause of the fire which consumed the entire building, according to the news report. While one suspected arsonist is 16 years old, two other alleged accomplices are adults.

Evicting a criminal tenant takes time, and may not happen soon enough to avoid harm to the property, or liability to other tenants. Prevention is key to avoiding income loss from crime.

Law enforcement officials recommend an aggressive tenant screening policy as an important step in reducing the risk of criminal activities in rental properties.

Landlords should require every adult applicant to complete a separate rental application, and screen each prospective occupant.

Running a credit check on prospective tenants can offer insight into the individual’s worthiness as a tenant, and even hint at criminal activities. For instance, discrepancies between the information in a credit report, and the information that the prospective tenant provides in the rental application can tip off the landlord that something’s not right — maybe this tenant is not who they say they are, or doesn’t have the financial stability that they claim to have.

A landlord should follow up with an applicant whose credit report shows that their income appears to come solely from cash transactions to make sure the source is legitimate. Also, a credit report can flag if the individual has lived at a previous address that they did not list on the application.  This could be a sign of trouble,  like a previous landlord dispute.

Speaking with the previous landlord is crucial to avoiding a dangerous tenant. Take steps to ensure that you are talking with the actual landlord, and not a friend of the applicant — a common scam.

Maintain the strictest guest policy allowed under your tenancy laws. If possible, prohibit the tenant from housing visitors with a history of violence or crime, and require long-term guests to undergo a tenant background check.

Keep close tabs on the property, including frequent property inspections. The may be the only way to discover  unauthorized guests or other signs of criminal activity.

Sign up for a Crime Free Multi-Housing certification program. This program is specifically tailored for landlords, and because local police participate in the training, this is the best way to learn how to spot crime trends that may be occurring in your area. The training often includes an on-site property evaluation that can flag ways to improve security.  This level of cooperation with local police is crucial to keeping your rental properties safe from crime.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

Q:  If a tenant doesn’t want to renew the lease for the following year, how long of a time is the notice they have to give me so that I can start looking for a new tenant?- TVS Landlord

While these lease termination rules vary from one location to another, it is likely that the tenant does not have to give you notice that they are moving out at the end of the lease term.  Rather, it is up to you to find out if they want to renew.

With a fixed-term lease, the tenant will need to move by the end of the last day on the lease.  If they do not move out, you will have to evict them.

Alternatively, if you continue to accept rent payments, the tenancy likely converts to a month-to-month,  and will continue until one of you gives notice.

Even though your lease may provide a termination date, you do not want to leave this transition to chance. 

By contacting each tenant about sixty days or so before the lease ends, you have the best chance for retaining good tenants. This provides enough time to  lock in to a new lease term before a tenant starts hunting around for another place to live.

On the other hand, if the tenant does not want to renew, you must take charge and oversee the transition. What if the current tenant does not move out as expected, and you have offered a lease to a new tenant?  What if the current tenant damaged the unit and it won’t be repaired in time for the new lease?

If your tenant will not be renewing the lease for another term, be sure to follow these steps:

Make sure the tenant signs a document stating they are not planning to renew.   Even if the tenant reneges on the statement later, the landlord can demonstrate they believed the tenant was vacating.

Conduct an inspection and discuss with the current tenant if anything will need to be restored before they move out. It is important to find out if the property will require maintenance before a new tenant can move in. Schedule a specific date and time for the final walk-through.

Ask the exiting tenant to be present at the final walk-through.  Complete a final inspection form, and follow any rules regarding move out condition reports.  Make sure you get the keys, and a forwarding address.

While it’s important to find a new tenant as soon as possible, showing the property while it’s still occupied can be tricky.  You likely have to provide notice to the current tenant a day or so before you enter the property.  Even if you have the legal right to show an occupied property, if the current tenant is unhappy, that can make your showings quite stressful.  This process will be much easier if you can gain the current tenant’s cooperation. 

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

Q: With regard to a landlord’s enforcing a no smoking policy, what if your landlord isn’t specific?

We just moved into our new place and the lease just has one statement under the “additional terms” section that states, “This is a non-smoking property. There will be no smoking on or within the property.” I am a smoker and didn’t even see that last bit until I looked at it again a few days later (shame on me for not reading every word).

But I have seen the addendums before so that’s what I would have looked for –wherever I’ve lived I have always smoked in my backyard/patio with all windows closed.

Would doing so be a violation of my lease?

A: Your landlord is going to consider this a violation of the lease.

However, you have a raised a great point regarding the clarity of the lease agreement. You mention that you are used to seeing a nonsmoking addendum, which is generally a separate attachment to the lease, as opposed to seeing the smoking ban in a less obvious place within the lease. It makes little difference where the language is included. The problem, though, is that you remember seeing those other addendums, while here you did not realize you were signing a nonsmoking lease.

The easiest way for a landlord to enforce any provision in a lease agreement is to make sure a tenant understands these terms before they sign the lease.  It’s very difficult for a tenant to follow the rules if they don’t know the rules!  

If the landlord never pointed to the nonsmoking policy, doesn’t have no-smoking signs around the property, never provided you with details of the policy, or never asked you if you smoked cigarettes during  tenant screening, then it’s easy to understand why you would be surprised to see that language in the lease. The question is, where to go from here.

If you were to smoke in the property, the landlord likely will try to enforce the nonsmoking ban. This will inevitably lead to a conflict with the landlord.  The best course of action would be to ask the landlord to sit down with you and discuss the problem.  Tell them you smoke, and that you weren’t trying to hide that fact. Explain that you did not read that portion of the lease. Make your case that it’s hard to find the smoking policy.

Ask the landlord if there is room for a possible compromise. For instance, maybe they could provide a smoking area for you during the term of the lease.  You may be forced to decide if you can live with smoking only while you are away from the property in order to maintain your lease. As a last resort, ask if you can terminate the lease early and look for another place to live. You would need your landlord’s consent to terminate the lease, but he or she may may prefer that option over having to file for an eviction if you violate the policy.

Nonsmoking bans are becoming quite popular, and it’s predicted that tenants who smoke will have an increasingly more difficult time finding a property that allows smoking. Take that into account as you are deciding your course of action.

Also, consider the fact that there are legitimate reasons for your landlord to ban smoking. For instance, recent studies have uncovered many serious health risks suffered by others who are exposed to secondhand smoke. Keeping cigarette smoke from entering other units is nearly impossible, especially in apartment buildings. It seems that for every smoker, there is another tenant who is allergic. The landlord is literally caught in the middle.

Smoking is not considered a legal right, so landlords are not discriminating when they attempt to curtail smoking in rental properties.  Recently, government agencies have encouraged landlords to adopt no-smoking policies.

For these reasons, your landlord very well may win an eviction, regardless of how they conveyed the no smoking policy.  The outcome of an eviction case depends upon many factors, so there is no way to predict  with certainty what will happen here.  However, the fact that the policy is in the lease agreement may be enough.

But point taken – this controversy would have been avoided if your landlord had done a better job pointing out the rules. Certainly, that is something that will come up if this ends in a legal dispute.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

The British Columbia Apartment Owners and Managers Association is offering a valuable training seminar for landlords.

This course, Best Practices for Landlords 102, Ending a Tenancy and Evictions will be instrumental in helping landlords navigate the complex issues surrounding the end of a tenancy.

Topics will include: 

How tenancies end
Giving notice to end tenancy
How move outs should happen
Frustrated tenancies
Serving notices
Eviction process
Over holding tenants
Orders for Possession
Abandonment of property
Move-out inspections
Dispute Resolution

The seminar will be offered next Tuesday, February 21, and again on April 24.

For more information, contact BCAOA at 1.877.700.9440 or visit bcaoma.com.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

The IRS has uncovered a disturbing new trend:  Identity thieves who steal Social Security numbers also are filing fake tax returns.

The urgency of the problem became apparent when the IRS partnered with the Justice Department last week in a national law-enforcement sweep.  So far, the massive national crack down has revealed thousands of potential victims, but also has exposed some of the ways the thieves are getting access to SSN’s. 

Identity thieves use the false returns to obtain tax refunds, and then are free to use the fake identities to commit other crimes, like renting properties in order to house their criminal operations.

It would be easy for these scammers to rent a house or apartment using the false identity.  To an unsuspecting landlord, the fake tax return would look legitimate.  But a landlord who falls for the trap could one day get a call from the police telling them that the property was used for a drug ring, or show up for an inspection to discover that the tenant has vanished.  The landlord may wind up paying for the damage to the property, fines, or lost rent. 

When it comes time to hold the tenants accountable, the landlord may not know where these persons are — or who they are.

Landlords need to be on guard to avoid getting ripped off by identity thieves.  Following these simple precautions can help keep you and your property safe:

Put rental prospects on notice in your rental ads and in the first phone conversation that you will be requiring a tenant background check.  This may discourage a would-be scammer who wants an easier mark.

Use Caller ID to keep track calls coming in and compare those numbers with “no-shows” for appointments.  Be on the watch for anyone who tries calling back using a different name or persona.

Always ask to see a photo ID when you first meet a prospect.  Make sure the name matches the one given over the phone when setting an appointment.  Take the time to look it over, especially the photo.  Either copy the ID or note the identifying information to cross check against the rental application and tenant screening reports.  Pay attention to the prospect’s reaction when you study the ID.  Many times a con will use an out-of-state driver’s license because a local landlord will not be familiar with the format.  Be prepared to apply more due diligence with out-of-state applicants.

Consider accepting a check or credit card rather than cash for the application fee.  This allows one more level of disclosure before you hand over the keys.

In addition to requiring a completed rental application from each adult resident, demand supporting documentation to back-up the answers, like bank records, paycheck stubs, a bill or letter showing the current address.

Pay close attention to any information provided in the credit report, like previous addresses. While stealing a Social Security number isn’t exactly rocket science, accurately re-creating the victim’s credit history on the rental application can be quite difficult. 

Don’t be shy to ask questions about the information in the tenant screening reports during the applicant interview to make sure they can keep up.

Let the applicant know that you will be checking up on the property on a regular basis.

Each step you can take to deter a would-be criminal preserves your profits, and your peace of mind.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

Let’s face it.  The past couple of years have been a tenants’ market.  With a glut of foreclosures converted into rentals, and fewer rental applicants with steady employment, financial gurus and tenants’ rights advocates alike were encouraging applicants to ask for rent reductions and other concessions.  Many landlords felt they had to oblige, to avoid long-term vacancies.

But that was then.  Now, indicators are showing that there are more people choosing to rent, many others who can’t get loans to purchase, and few new apartments under construction.  In addition, the job numbers are a little bit better.  The tables are turning, albeit slowly.

So does it still make sense to negotiate rent? 

Rent negotiations cost landlords in ways they may not even realize.  Whether to engage in a negotiation with a tenant depends on many factors — one of the most important of which is timing.

Timing is Everything

The question of whether to negotiate with a tenant over rent hinges not so much on what the tenant asks for, but when they ask.

If the tenant is asking for a rent reduction before they have even toured the property, they are either testing the waters, or they are trying to get into a property they can’t afford. Either way, to negotiate a rent reduction as this juncture is a losing proposition for a landlord.

In the first instance, the tenant is testing the landlord’s resolve, and the landlord who gives in loses credibility. The candidate who gets their way that easily undoubtedly will ask for more — a lower security deposit, or free rent concessions. Later, it may be pet, or an extra car in the driveway, and so on.

If a tenant is angling for a property that is just a little outside their budget, you can expect that they have made other similar decisions with car payments, cellphone plans, or credit card purchases. When these bills all add up, it is the landlord who will suffer, with late rent payments or a tenant who defaults altogether.

The best course of action for the landlord at this stage is to stick with their price, and carefully prequalify tenants.

Get It Right the First Time

It’s crucial to a landlord’s credibility that the rent that is advertised is the right rent for the property.  Setting the rent high with the expectation of negotiating it down is a bad idea. 

Once a landlord encourages an applicant to negotiate, then they can expect to haggle over every term of the lease.  Eventually, this will erode the tenant’s view of the landlord as the one who is in charge.  Be clear with your rules, and don’t give the impression that you are flexible, especially at the beginning of the relationship.

Setting rent has become easier now that apartment hunters have taken to the Internet. There are a number of online rental classifieds that you can run for comparison, including local newspaper classifieds.  Now, it is possible to look at comparables anywhere in the country and never leave your home or office.

If you choose to use Craigslist for comparables, be careful–if the price of a property is surprisingly low, it could be a scam.

In addition to online sites, you can also make calls to local leasing offices in the neighborhood, or check out  local “for rent” signs to get a feel for the market.  
 
Make Them Work For It

The trick to a successful rent negotiation is to make it a process — to make the tenant work for it. Why do they feel justified in asking for a rent reduction? Their answer will show you how interested they are in the property.

Make them tie their argument to the specific property rather than the rental market in general. For instance, have they recently toured other comparable properties that you may have missed in your research?

Bring your research along with you to the tour to counter their argument that the rent is not fair.

If the applicant doesn’t have comparables, or is still hedging, you may want to pass on this candidate — they haven’t made up their mind that this is the right apartment for them.

Tenants are on a time line, just like landlords. If they are procrastinating, that usually means they are looking at other properties. Turning them down will save you the hassle of negotiating an early termination if they later decide they are not committed.

Ironically, the reality check of being turned away may be just what the candidate needs to drop the negotiation and ask you to reconsider them at the original price.

Be tough, but don’t be stubborn. If a tenant can show you that your price is unrealistic, concede the point and avoid a prolonged vacancy.

Swap Apples for Oranges

For the landlord, it all comes down to money when negotiating rent. But for the tenant, it helps if they feel like they won something, too.

One way to score a win-win with a price negotiation is to counter with something besides a full-on rent reduction, with can plague the landlord far beyond the term of the original lease. For instance, know what your per diem rent is, and if it’s feasible, offer them an extra day or so to move in, or give them a couple free days, and more free time if they renew. 

This limits the landlord’s loss of income, and at the same time gives the tenant reason to be satisfied with their choice of rental homes.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.