I've been in Property Management long enough to know that if it can happen, it will. Anyone looking to get in to the housing market via rental properties, or want to clean up what they already have, need to know the ins and outs of protecting your property from lawsuits and financial burdens. Not being prepared could cost you big financial damages with everything from property damage to Tenant liability law suits. You have to protect yourself ahead of time from the pitfalls that come so easily. You have to cover your bases.
Make sure your property is free of hazards: This should be your number one priority before leasing it out. So many property owners put more into their property's appearance than they do in making sure the entire property is safe and in accordance with city, state and federal mandates. Before they know it, they have a beautiful property falling in to the hands of an unassuming renter who tripped and fell on a loose floor board. You must Renter-Proof your property as a new parent might baby-proof their home. Along with having certified electricians, plumbers, etc check all the main problem areas, you need to take time – plenty of time – to walk around and examine every corner from driveway, to attic, to back yard fencing.
Some commonly overlooked areas are…
-pot holes in the driveway (trip hazard)
-loose stairwell handle (falling hazard)
-loose floor boards or carpet (trip hazard)
-torn fence (cut hazard or animal loss)
-loose window (could fall fast on fingers)
-old tree (could fall on people or Tenant property)
-crumbling/cracked/raised sidewalk (trip hazard)
-water tank turned to high (scalding is a real liability lawsuit, especially with children on property)
The list goes on and each thing could land you in a court room being sued for negligence should a renter injure themselves or their own property. Be sure to go as far as you can in the “What if” department because you're trying to plan for problems. Rule of thumb – if it's there, it needs to be in good working order!
Make a Rule-inclusive lease: Most landlords use standards leases that cover the length of the lease, the rent and utilities paid by Landlord/Tenant. This is not enough if your renter becomes less than desirable. Landlords need to make Rules and Regulations and make them detailed. Rules should cover everything from the appearance of the inside and outside of the property to fines and penalties for unpaid rent or utilities not kept on. For instance, if a Tenant is responsible for paying the heating bills, your lease should include a Rule that states clearly “failure to maintain the heating bill will be grounds for eviction and/or any damage caused by defaulting on this agreement”. This means that a Tenant who lets the heat get shut off for non-payment will be responsible for damage caused by the pipes freezing and busting in the winter time.
Some ideas for Rules incorporated in a lease are:
-Tenant can not alter the general appearance of the property (such as painting, wallpapering, construction, etc)
without written permission by the Landlord
-Tenant must use proper window coverings (no sheets, flags, blankets, etc can be supplemented)
-Tenant is responsible for maintaining front and rear of the property (no litter, personal items left out, etc)
-Tenant is responsible for removing any/all trash from the property promptly (no trash bags left out except the night before collection)
-Tenant may be subject to scheduled inspections upon 24hr notice by Landlord (inspect AT LEAST 1x year)
-Tenant must report any/all damages or items not working to Landlord promptly and failure to do so could result in Tenant being charged for further damages caused by failing to report promptly (water leaks, electrical, etc)
-Tenant will not change locks without written permission by Landlord and a working key be given to Landlord
-Tenant cannot add shrubs or trees to the property without written permission (tree/shrub roots cause damage if planted near foundations or sidewalks)
-Tenant cannot commit hazardous acts on the property such as scaling the building, being on the roof, climbing the trees, etc.
Again, the list goes on depending on your specific property and what your concerns are. When thinking up your Rules list, just consider how you want your property to look, what could cause damage to it, and what could cost you money to repair if damaged – or removed – by Tenant. Whatever you come up with, incorporate a Rule to cover it. You'll thank yourself later.
Add Security Deposit Information into Your Lease: The lease should specify how much the Tenant agreed to pay for a Security Deposit and what you could keep that security deposit for. You should specify that the Security Deposit will NOT be used for rent but will be kept to cover any money due for damage, cleaning costs, unpaid rent, fees, etc at the time the Tenant moves out ONLY. The reason this needs to be stated clearly is because, should you find your self in court later suing your now-ex Tenant for unpaid damages and you say “Yes I had a security deposit but I let the Tenant use it to cover one month of rent one time when they were in a tight spot”… the judge is most likely going to say “Nice, but too bad for you” since Security Deposits are used for costs assumed by the Landlord at the time the Tenant moves out.
Do a Move-in Inspection with Your New Tenant: Once you have someone who is willing to rent the property and has agreed to read and sign the lease, you'll need to walk through the entire property with the new Tenant. Open windows, doors, fidget with faucets, exhaust fans, etc. TAKE PICTURES of each room as it is the day is rented. The most common defense a Tenant will use in court when being sued for damages is “It was like that when I moved in!”. A picture will nip that pesky problem in the bud. Also, have ready an inspection sheet with all parts inclusive of your property. Each room should be marked with breakdowns of windows, closets, carpet, floors, sinks, appliances, etc. By having the Tenant sign that all appeared “okay” on the property and by keeping the pictures taken on the day that Tenant moved in, your guarding against absorbing costs for damages and theft later. In court – a picture says a thousand words… and likely saves a thousand dollars.
Taking care of your property is not complicated, you just need to consider what damage could possibly come to your property and plan for it. It's all about the “What If's”. When you rent out your property, you're taking a risk and while you hope for the best, you need to plan for the worst. If want something to happen, or you don't want something to happen – PUT IT IN WRITING! While verbal agreements can hold up in court – they are darn near impossible to prove. A signed, well-scripted lease placed in the judges hands will do the trick much better. And, on the other side of the coin, your Tenant has the right to know what the rules are so they can do their best to follow them. Do yourself and your Tenant the good service of Renter-Proofing your property before you rent it out. Every well-meaning person involved will thank you for it, and those ill-intended people will pay you for it!
nottingham student letting
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