Wednesday, July 25, 2012

New landlords must work hard to follow landlord-tenant laws


When new landlords get into the business, sometimes they think success comes down to using common sense and building relationships. They think if they perform the proper tenant screening and get someone to sign a lease, they’ll be good to go.

While in theory these are two of the most basic practices in the business of renting property, a good landlord understands that the tenant-landlord relationship is regulated by very important laws, laws you should familiarize yourself with before that first lease is signed. Most aspects of landlord-tenant relationships are regulated by state and local landlord-tenant laws. But federal law also comes into play, especially when it comes to preventing forms of discrimination when selecting tenants and making proper accommodations for their needs.

Landlord-Tenant Law protects landlords and tenants in the renting of real property, both residential and commercial. It defines the rights and obligations of landlords and tenants during the tenancy. A number of states have based their statutory law on either the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord Tenant Code. Some city and county governments also have enacted various landlord-tenant regulations that you should be aware of before beginning your business.

Failure to obey the law can be costly, and ignorance of the law is not a legal excuse. So look up the various state and local laws and read through them carefully before you select your first tenant and sign your first lease.

Tuesday, July 10, 2012

For new landlords, knowledge is power


Landlords who are new to the business can sometimes be naïve to the amount of things they need to know right off the bat. It’s not enough to have a great rental property ready for a tenant, or to have researched the market to figure out an appropriate amount to ask for in rent. There are rules and laws and inside information every new landlord should find out before getting that first lease signed. 
Because you don’t know what you don’t know, we’ve made it easy by outlining the most important things a new landlord should research before beginning your business. 
  1. Become very familiar with the state landlord-tenant laws in the state where your rental property is located. 
  2. Read, internalize and follow the federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988, to make sure you’re not breaking any laws regarding discrimination when screening and accepting (or rejecting) prospective tenants.
  3. Research a reputable tenant screening service to carry out this most important part of your business. If you sign up with the first (or cheapest) fly-by-night screening service you find on the internet, chances are you’ll get what you pay for.
  4. Join and participate in the local landlord association where you are. You can make  great contacts and get tips and insider info from this local resource.
  5. Check into the building codes for your neighborhood, as well as any neighborhood association laws and rules that your tenants (and you) might be expected to adhere to. 
  6. Find a good lawyer who specializes in landlord-tenant law, and use that resource to check leases, eviction notices and any other legal documents or forms of communication between you and your tenant.