Good find on the house!
Here in SC, it is the law that a landlord gives the tenant advance notice to enter and inspect. It can be written or by phone call. If a landlord shows up unannounced it is the tenant's right to refuse entrance.
BTDT.
Good find on the house!
Here in SC, it is the law that a landlord gives the tenant advance notice to enter and inspect. It can be written or by phone call. If a landlord shows up unannounced it is the tenant's right to refuse entrance.
BTDT.
You guys know anything about squatters? My uncle is dealing with one right now that is his roommate. The guy has been there since Jan and he can't get rid of him.
Enyar wrote: You guys know anything about squatters? My uncle is dealing with one right now that is his roommate. The guy has been there since Jan and he can't get rid of him.
Give him a chair? Then he wont have to squat!
SVreX wrote: You are correct. As I said, and as your post and link proves, a landlord has the right to enter his property. The specific details vary by state. In most states he has to give advance notice. A clause like this in a lease IS advance notice.
No it's not. At least not in most states. In general notice to enter requires at least some specification of the time desired to enter, and often purpose as well. The amount of fuzziness in that time varies, but "the lease you signed six months ago provides you with six-months worth of notice, far more than the 24 hours (or whatever) required" isn't going to fly. Check your state laws, they tend to define notice in agonizing detail.
If you are adding a clause to a lease that says he cannot enter, a landlord would be foolish to lease to you under those terms. It's HIS property. Don't be "that guy".![]()
Right. Because that's exactly what I said. There are only two options after all. 1) Can never enter. 2) Can always enter at all time no matter what with no notice
Got it. How could I be so foolish?
Meanwhile. back in the real world, the clauses are there to protect both of us and we both benefited from them. As such all but one landlord, both "amateur" and professional were happy to add them.
drsmooth wrote: Damn straight there better be some provision in the lease that lets me inspect MY property with some sort of short notice!!! If state law prohibits or restricts it... F-that state. I won't be a landlord there.
While I didn't read the entire list, I'm aware of none that don't provide for access given relatively short notice. Your system presented above takes that into consideration and is an excellent idea. To the point where I am planning on modifying it and suggesting parts of it to add to my families rental process.
My reply was to the post by svrex implying that no notice was needed "Informing the tenant is just a nice courtesy" (generally false) or that a clause in the lease constituted a rolling notice that was always good "Ever read the fine print of your lease agreement?" (also generally false). A landlord buying into that and taking actions based on it is asking for legal trouble.
Another angle: if a landlord has reason to believe that something illegal is taking place on his property, he is in a situation where he better let the police know ASAP otherwise a shyster attorney can make it look as if he's aiding and abetting, can even drag RICO into it. http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act Believe me, my dad learned that one the VERY hard way.
So as a landlord if you (or your representative) drive by your property and see something snaky going on you better get the 5-0 involved QUICK. To do otherwise leaves the LL open to some real trouble. Read between the lines.
So frustrating. I've had to talk to the cops quite a bit recently about the house next door. I've lived here for over 20 years, it's a quiet old neighbourhood, where people sit on their porches after dinner. Over the years – the old guy next door, who was funny little newfie, bit of a hustler, had put in an apartment in the back, and converted the attic. They generally had students, who for the most part, were no trouble. Well, last year the old couple sold their home. Dunno why, but they didn't list it, they sold it to a property management company. Bastards. It's as if my worst nightmares have come true. They've turned it into a bloody rooming house - with losers coming and going. Can't tell you how many times I've called the cops about loud music, drunken skeevy guys hanging off the balcony. I don't use my backyard anymore, and I definitely don't sit on my porch. Thinking of moving, although it pisses me off to no end to say it.
keethrax wrote: My reply was to the post by svrex implying that no notice was needed "Informing the tenant is just a nice courtesy" (generally false) or that a clause in the lease constituted a rolling notice that was always good "Ever read the fine print of your lease agreement?" (also generally false). A landlord buying into that and taking actions based on it is asking for legal trouble.
You are reading into my comments and coming to incorrect conclusions.
But it really doesn't matter. It has nothing to do with this thread. The advice to keep a vigilant eye on the property and do the best to both inspect it and enter it regularly was good advice, and completely in keeping with the laws of every state, regardless of your incorrect opinions. The only difference is the details of how it is handled, which vary state by state.
The OP is sharing that he is about to become a landlord. Drsmooth has offered a good suggestion, with which I agree. The fact that you would choose to not be a tenant under those (completely legal) terms is really quite irrelevant.
SVreX wrote: The OP is sharing that he is about to become a landlord. Drsmooth has offered a good suggestion, with which I agree. The fact that you would choose to not be a tenant under those (completely legal) terms is really quite irrelevant.
It's not at all irrelevant, it's very useful advice from the perspective of a responsible, honest tenant of the sort that OP is presumably seeking to attract. I'm a landlord too, and I would never try to pull something like that because I understand that renters who would consent to a rule like that are likely dirtbags with poor rental/credit/criminal history who know they don't have a choice (or those who just plain don't intend to comply with it). I honestly would rather not rent to someone who would consent to such a policy, as any responsible person would justly be suspicious of a landlord that expects to be able to invade their privacy on a regular basis. Not to mention that it immediately sets you up in an adversarial relationship with the tenant, which I'd rather avoid if possible
Maybe it's good advice if your intent is to rent at the bottom of the market to people you can't trust with your property, but I'd rather not deal with that headache in the first place.
In reply to Josh:
OK, point made.
But the adversarial and accusatory falsehoods are not helpful. Nothing I said is incorrect.
JThw8 is entering the world of being a landlord. Stuff that helps him navigate that arena is helpful, INCLUDING the idea of entering and using a video.
Whether he chooses to do it or not is HIS decision.
I have been a landlord for a long time, and would not consider video, but think the advice is worthwhile.
It's a good idea to have someone with you if you think something may become adversarial, i.e. the tenant's behind on rent and is being belligerent about repairs, or if it's a single girl. 'He said, she said' is NOT a good spot to be in.
Not everyone is a scumbag, but ya never know... 'possession is nine tenths of the law' and all that. Several years ago an acquaintance hooked up with this girl, next day he went to work, figured she'd do the same, when he got home she and her kids were in the house, the locks had been changed and she refused to let him in. She wouldn't open the door even for the cops. He had to go to court to evict her from his house!
In reply to Curmudgeon:
I had a single girl offer me "a trade in lieu of rent"!!! I declined.... Then recorded every interaction after that... In hind sight I should have recorded every interaction prior to that...
She wasn't even close to being hot enough to make it worthwhile anyway!!!!!
drsmooth wrote: In reply to Curmudgeon: I had a single girl offer me "a trade in lieu of rent"!!! I declined.... Then recorded every interaction after that... In hind sight I should have recorded every interaction prior to that... She wasn't even close to being hot enough to make it worthwhile anyway!!!!!
Maybe she just wanted to bake some cookies or something.
I would see if you can find a way to report the rent payments to the rentors credit. I'm sure there are companies out there that allow you to do this. I know Florida was hit HARD by foreclosures and the property dump and ruined many lives and credit scores. I would see if you can find a way to report their payments to help improve their credit, and you will have qualified rentors knocking your doors down. Most people trying to rebuild their credit will not trash the place either. Just a thought.
You can come in and look around all you want.
Just don't tell me how to live. This includes hanging my pictures to make my (rental) house a home. Having plants in my house. Modifying stupidly installed shelving in closets.
Also, when you come in to "inspect" your house, I expect you to "inspect" the junk you've installed. This would include the 30 year old stove. The countertop that is peeling apart. The horrible color you decided to paint the living room. The leaky faucet, shoddy wiring, horrible previously aforementioned shelving, and terribly insulated windows.
Especially when I mentioned all of these problems during the initial walkthrough and you've neglected to invest in the condition of your property.
Listening to some of this makes me wonder if I'm gullible and fixing to get burned. It sounds like some landlords are real hard asses.
I don't do inspections until the end of the lease. I tell them in advance, pictures are no problem. If they have a problem, they can call me 24/7, and I give them my cell number. If they want to change something or paint a room a different color, call me, I probably won't have a problem with it. Our first set of tenants were great. The rent was on time every month and when I went in to do the post lease inspection, there was one ding in the sheet rock in the living room, one door jamb that needed paint because of scratches and the xenon bulbs in the cabinet lights were burned out. All total it took about a day to deep clean it and make repairs. I considered that to be normal wear and tear and refunded their entire deposit. They moved out on the 15th of December. The new tenants moved in the 1st of January.
The tenants that moved in the first of the year have been even better. They pay the rent ten days before the due date. They asked if they could change the way the yard was laid out. I didn't have a problem with it and the yard looks better than it has in years. They wanted to know if they could hook the irrigation well back up. I gave them the pump for it. They have had one problem with a roof leak. I took care of it the day they called and a contractor is fixing to strip that section of roof and replace it. It's been a pretty positive relationship.
I tend to look at tenants as customers. I try to supply a quality product and they pay me for it. I'm not out to screw anyone, I would hope they feel the same.
Maybe I'm doing it wrong.
In reply to PHeller:
Perhaps you should have not rented that dump!!
Not all landlords do, but I run a tight ship. I repair problems asap. I don't care how people live, provided they follow property standards outlined by the town, region, state, jurisdiction. I follow, and in most cases exceed the standards and best practices, outlined by the jurisdictions mentioned above...
Seriously though.. Before I learned my lesson.. I lost money renting an apartment for 3 years to a slob ...
After factoring in repairs that were needed after he moved. I had almost a $3000 loss .
Damages add up quickly.
As someone who has been renting out a house for about 5 or 6 years now:
Document EVERYTHING. Every time they pay rent, every time you buy something for the house, every interaction you have with the renters or the property, document it and put it in a file. If, God forbid, you ever have to go to court, a Judge will look at you with a ream and a half of paperwork in manila folders and a tenant with some forged piece of paper ripped out of a notebook, laugh, and decide in your favor.
Never, ever accept Section 8.
Always do background checks.
There's some good questions you can put on rental applications to weed out bad tenants. One of my favorites is, "Do you own a vacuum cleaner"? It may seem obvious, but there are people who will answer "no". These people are both stupid and filthy.
And it's been said before, but worth mentioning, depending on where you are in the market, your experience with tenants may vary. I have a friend of mine who rents rowhomes in a low-rent area and he has nothing but troubles. One tenant got behind on their electric, it got disconnected, so they removed the meter and shorted the box with two 10 gauge wires in order to get free electricity. Now they skipped rent, bugged out, and guess who's in trouble with the electric company? Not to mention, thousands of dollars worth of carpet and appliances are completely trashed.
Monthly inspections may be excessive, but you'll get a feel for the tenants. I always do a walk-through at least once per year regardless, I give 48 hours notice, and schedule it with the tenants around their schedule. It's a balance between being respectful of them and being vigilant and responsible to your property.
Rent a nice place, charge reasonable rent, run a thorough tenant selection, and you'll stack the odds in your favor. Just know it may take some patience to find a good tenant. You need to be prepared for at least 3 months worth of mortgage payments every time there's a tenant change.
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