| Sep 14, 2017

Landlords wield an awful lot of power over their tenants—and where there’s power, it’s likely to be abused. We’re not saying all landlords are awful, but some sure can get annoying or offensive, or leave you in the lurch. To help you navigate these dicey scenarios, here’s a field guide to the five types of landlords you might encounter. We’ll show you how to deal with their worst behaviors so you can find a way to live happily under their roof.

1. The MIA landlord

You know that landlord who’s so impossible to reach, you wonder if he’s a figment of your imagination? Playing hard to get might work great for him, but tenants often need to get in touch with landlords for all kinds of issues, many of them urgent.

“All landlords, property managers, and building owners should be providing the tenant with emergency phone numbers,” says Denise Supplee, co-founder of SparkRental.com.

But if yours doesn’t—or rarely returns your calls or emails—it might be time to ignore polite decorum and be a squeaky wheel. Call and email daily if you must—it’s annoying, but it will likely get his attention. Or send a certified letter. Or, since you have to send a rent check every month, include a letter, pictures, or other evidence that details your problem with that check. If and when the check gets cashed, you’ll know your landlord received your complaints.

You might be tempted to withhold rent, but that’s rarely a good idea. Doing so can damage your rental payment history and credit score, or even give your landlord cause to evict you. In some states, withholding money is a viable option, but you should set that money aside in an account, because if you go to court and lose, you’ll have to pay it back.

2. The landlord without boundaries

On the opposite end of the spectrum are those landlords who are around way too much. Your landlord might call at all hours—or worse, drop by unannounced.

“A landlord is not permitted to drop by without notice,” says Supplee. That’s true even if he’s rapping on your door because you’re late on rent! In fact, in most places a landlord is required to give you 24 to 48 hours notice before visiting, and those visits are usually kept between the hours of 9 a.m. and 5 p.m.

So if your landlord’s barging in whenever he wants, you’ll want to politely but firmly make those restrictions clear. If you’re uncomfortable with being so direct, try something along the lines of, “I work long hours, so I prefer peace and quiet when I get home.”

If the problem persists, though, you might have to draw a harder line.

“Write down every date and time a landlord violates your privacy and send him a written request to stop,” says Supplee. “If the behavior continues, you may have to contact an attorney to file suit.”

3. The lazy landlord

Whether it’s a leaky faucet or a collapsed beam, your landlord is responsible for arranging and following through on certain repairs. So if he is dragging his feet, you have a few options.

“There’s a little-known tip called ‘repair and deduct,’” says Supplee. “Each state has its own requirements, but generally speaking, if the tenant gets the repair done, he or she can deduct the receipted amount from the rent.”

Thomas Mark, an attorney who specializes in tenant-landlord disputes, explains: “In court, you must show that the landlord knew about the problem and that he failed to repair the problem within a reasonable time.”

You can bolster your case with photos of the flaws, documented repair requests, inspection reports from professionals, and even witnesses in your apartment who can testify on your behalf.

4. The subtly discriminating landlord

Of course, you’d never choose to live under a landlord who’ll discriminate against you because of your race, gender, sexual orientation, or some other factor, but you can’t always tell right away. Some studies have shown that discrimination can manifest in subtle ways, like when landlords show you the laundry room and other facilities when showing you an apartment. Once you’ve moved in, a biased attitude might affect how long it takes them to respond to an email or phone call.

And “discrimination doesn’t have to be overt to be illegal,” says Mark. If a landlord makes you feel uncomfortable or unwelcome, you could have a case. When in doubt, contact the Leadership Conference on Civil and Human Rights to find out about housing discrimination enforcement agencies in your state.

5. The BFF landlord

Being pals with your landlord: What could be better? Don’t get too excited, though, because there’s a reason—several, actually—why it’s risky to do business with friends. For example, what toll will a rent hike take on your friendship? And what about repairs? At first, your landlord buddy might rush to fix your problems, but who’s to say he won’t count on your “understanding” that he can’t get to something right away?

Bottom line: Even if you’re pals, make sure there’s a rental lease in place outlining expectations in terms of rent, repairs, and other sticky issues. If you care about your friendship—and your home—it’s the best way to avoid messy misunderstandings.


Matt Christensen, who lives in Westlake, OH, has written for Maxim, Cosmopolitan, Men’s Journal, and other publications.


 

 | Aug 7, 2017

If “my landlord is selling the house I rent—what are my rights?” is a phrase you’ve Googled lately, we feel your pain. Since landlords own the property you’re living in, they do have the right to sell it whenever they want. Still, that doesn’t mean that they can just kick their renters out on the street immediately. Tenants have rights, too! Here’s what you should know and how to handle things when a landlord is selling your home.

Do you have to move when a landlord sells?

Don’t just assume you have to vacate immediately. If you’re lucky, your landlord might sell to a buyer who will be happy to sign a new lease with you once the sale goes through. So, check with the new owner. But if that’s not an option, or you’re unhappy with the new lease terms, you might have to move out.

When do you have to move?

If you’re on a month-to-month lease, in most states, landlords are required to give a 30-day written notice to vacate if they decide to sell. Some areas have different laws, though, so it’s wise to check. For example, lucky Seattle dwellers have 60 days

If you signed a lease for longer—like a year or two—you likely have the legal right to stay put until your lease ends. Even if the house sells before your lease is up, the new owner has to respect that legally binding contract.

“A lease is tied to a property, not an owner,” explains Lucas Hall, founder of Landlordology. So even if the homeowner changes, the lease remains. “Even a specific month-to-month agreement will transfer,” adds Hall.

Check for a ‘lease termination due to sale’ clause

Also check if your contract contains a “lease termination due to sale” clause. In that case, whatever is stated there stands; even long-term leases might not have any protection, Hall notes.

In other words, if you have eight months left on your lease but your contract says the lease termination due to sale is 30 days, then 30 days is all you get.

One piece of advice—which we’ll admit is information you maybe could have used sooner—is that you can negotiate how much time a landlord is required to give you if he terminates a lease due to sale. The catch is, you have to do it before you sign the lease.

“For example, if the landlord wants the option to terminate the lease due to sale, the tenant could require the landlord give at least 60 days’ notice, and/or require a ‘buyout’ of a certain amount of money,” Hall says.

If it’s too late to put this advice into action this time around, keep that little nugget  in mind for the future.

Look into a tenant relocation allowance

It sure would be nice if your landlord paid you to move out, wouldn’t it? Admittedly, it is rare, but there are some circumstances under which your landlord might be obligated to fork over some cash in order to get you to vacate, due to the fact that he’s decided to sell your building or upgrade it to condos.

In San Francisco, for example, under the Ellis Act, each tenant receives $5,555.21 if evicted from a unit. This is known as a tenant relocation allowance, or tenant relocation payment, and should be included in your state’s landlord and tenant laws.

Keep your landlord in line

While you’re still living in the rental, you have basic tenant rights. For example, your landlord can’t cut off your water or electricity, enter your rental without notice (except in an emergency), or hire a remodeling crew to work until 2 a.m. If you think your landlord is violating your tenant rights, contact a tenant lawyer or your local housing authority for help.

What happens to your security deposit

Your landlord is legally required to return your security deposit, sans any needed repairs or cleaning, after you move. State laws vary, but generally a landlord has 14 to 60 days to send you a check after you move.

When the time comes, treat the move like any other. Make sure you remove all of your property, clean the rental, and return the keys to the landlord. If possible, do a walk-through with your landlord, and give him a written notice that includes your new address. That way, you can end things on a good note before you move out, and on with life.

Angela Colley contributed to this article.

Cathie Ericson is a journalist who writes about real estate, finance, and health. She lives in Portland, OR.

 | Sep 21, 2017

Every successful home search begins with a wish list. Armed with your inventory of must-haves, you’ll know how to focus your search and recognize a potential home that isn’t worth your time.

Still, there’s a strange thing that seems to happen when you’re deep in the trenches of house hunting: The more you look, the longer that wish list seems to grow. But sooner or later, you have to own up to the fact that you can’t have everything—it’s inevitable that you’ll make some compromises somewhere.

And, in these days of tight inventory and cutthroat competition from other buyers, you might feel forced to waver far afield from your hallowed wish list in order to land a home.

That’s OK—it’s important to be flexible. But there are a few times when you absolutely should draw the line. Here are seven areas where you’ll want to dig in your heels.

1. Buying a fixer-upper when you really want turnkey

You have never swung a hammer, have a phobia of power tools, and always pictured yourself in something new and shiny. But that doesn’t mean you won’t fall in love with a charming, century-old farmhouse that needs a ton of work. Now’s when you have to decide: Are you up to the financial and emotional challenges of taking on major renovations?

 

It’s an option you should seriously consider (with the help of an experienced general contractor) if you’re in a highly competitive market. But if you don’t think your bank account or your marriage could survive many months of upheaval, stick to your guns and insist on a turnkey home, says Mike Kessler, a broker with TSG Residential, in Davidson, NC.

“There have been times when I’ve said to clients, ‘after being with you for a week, I really think we need to look at new construction,'” Kessler says. Many of those clients, he adds, were later grateful for the course correction, saying, “We would never have been able to enjoy ourselves in [an older] house.”

2. A good school district

Even if you don’t have children, you should make sure the house you’re eyeing has desirable schools nearby, says Tina Maraj, a Realtor® with Re/Max North Orange County in Fullerton, CA.

Does it matter if you’re not looking to have a few kids? Well, things can always change. But even if they don’t, good schools typically translate to a higher resale value—potential buyers with families will want to be in the right district.

Just make sure to do your research and determine where the home sits in relation to the school district boundaries.

“Often agents will advertise a property as being near such-and-such school area, but not necessarily specify the district, which can be very confusing,” Maraj explains. “It can be a real eye-opener if a buyer closes and they’re on one side of a main street that is the dividing line between the top-rated and the lowest-rated high schools.”

Go to the school district’s website to get a map of the district boundaries.

3. The floor plan

Does the home fit your minimum criteria in terms of number of rooms and the flow of the main living areas? If not, cross it off your list, says Sarah Garza, a Realtor and military relocation specialist with Trident Homes Realty in Arnold, MD.

Garza can share some personal cautionary tales: A military spouse, she’s moved 12 times in the past 20 years, buying and selling nine homes in the process.

“I regret that I compromised on layout in the past,” she says. “When I really needed four bedrooms, I’ve gone to three and then wished I hadn’t.”

Sure, you can add on. But don’t use that option as a fallback, Maraj warns.

“You can change a layout to make it an open floor plan, but it’s a lot more difficult to change the bedroom and bathroom count,” she says. “In the long run, you could end up having a lot of problems and taking on a really big financial undertaking.”

4. The neighbors

During your search, don’t just focus on the house you’re interested in—check out the neighboring homes as well, Maraj says. Are the properties well-kept, or candidates for an episode of “Hoarders”?

The condition of the properties around you can affect your future resale value. And they can just plain drive you crazy. Make sure you look—and listen—any time you visit your prospective home.

“You can’t change the house in front of you or to the side of you,” Maraj cautions. “And if there’s a barking dog every time you’re viewing the property, that’s another thing that you absolutely cannot change.”

5. Your budget

You’ve probably already determined how much you’re willing to pay for a home—and you shouldn’t budge on that number. But you should also dig in your heels on the additional costs beyond the sticker price. That means setting a budget for your monthly payments, HOA dues, utility costs, and real estate taxes—and sticking to it. (Hint: You want to do this before you start looking at homes, and definitely before you start making offers.)

Yes, a lender will give you a pre-approval and tell you how much house you can afford. But this is just one piece of the puzzle, and the costs of homeownership can still land you in a mountain of debt if you’re not careful, Kessler points out.

“I try to do a lot of pre-planning with clients about what can they really afford, as opposed to what the bank tells you,” Kessler says. “You never want to be house poor.”

6. Commute time

If you’ve already determined that you’re willing to take on a 30-minute commute, don’t be swayed to take something that’s even a few minutes longer, Garza says.

“Sometimes buyers fall in love with all the shiny bells and whistles of a house that’s an hour away from work, and want to compromise on what they’ve told me from the beginning,” she notes. “I tell them, ‘I know it doesn’t matter right now because you really love this house, but that’s two hours every day that you’ll be sitting in the car and not enjoying your house. Is that worth it to you?’”

She adds: Until you’ve actually driven the route to and from your potential home and your office, at the times you’ll be commuting, you should never consider compromising.

In some large cities, being just a few miles from the highway can tack on an additional hour of commuting. Could you handle that after a long day in the office? Think carefully before making the sacrifice.

7. Parking

Speaking of your car, if you own one (or two), you absolutely want a guaranteed spot to park, whether that means an enclosed garage, a driveway, or assigned parking.

“There are many communities that now restrict outside parking, guest spaces, and overnight parking, which could be a real homeowner nightmare if you have to fend for yourself,” Maraj says.

To avoid frustration after you’ve closed a deal, stick to your guns about the things that are most important to you while making your choice, and ignore the rest of the noise.


Wendy Helfenbaum is a journalist and TV producer who covers real estate, architecture and design, DIY, gardening, and travel. Her work has appeared in Woman’s Day, Metropolis, Costco Connection, Garden Collage, Parenting, Canadian Living, Canadian Gardening, and more.

 

By Jeanne Sager | Sep 1, 2017

 

“How can I get approved to rent with no rental history?” This is a common chicken-and-egg conundrum for first-time renters, since landlords are often wary of opening their doors to tenants with no record of paying rent. So if you’re young and/or have never rented your own place before, how are you supposed to convince a landlord that you’re a solid bet?

Never fear—overcoming this hurdle is entirely within your grasp, provided you do a little prep work first.

“It can be challenging to find a place to rent with no rental history, but it’s not impossible,” says Denise Shur, a Realtor® with 1:1 Realty in San Jose, CA. Just follow the steps below on getting a rental with no rental history under your belt.

How to get approved to rent with no rental history

Basically, landlords want to see that you have money to pay your rent and will do so in a timely manner. So before you start cold-calling landlords or perusing rental listings, make sure to gather some evidence that makes a convincing case on your behalf.

The main thing you need? A stable income, which suggests you have the cash to funnel toward rent.

“Normally, if you go talk with a real estate agent or property manager, they will be able to look at your work history and finances and help you get approved to get into a rental,” says Lana Lavenbarg, a Realtor® with Re/Max Ideal Brokers in Grants Pass, OR.

In addition to proving you have money coming in to pay your monthly rent, there are other things that can strengthen your case.

Shur suggests putting together the following paperwork to bring along for your meeting with a potential landlord:

  1. A copy of your last three years of income tax returns, proving your income history.
  2. A copy of your three latest pay stubs, proving your current income.
  3. A letter from the company where you work, on official letterhead, showing the company’s name, address, and phone number, signed by someone in human resources or finance. The letter should verify how long you’ve worked at the company and your current salary. Ideally it should include a statement such as the following: “We do not anticipate any layoffs in the foreseeable future.”
  4. A recent copy of your credit reports (these can be obtained online from Annual Credit Report, the one site authorized by the government to provide one credit report a year to Americans free of charge).
  5. A recent copy of your bank statements, including savings and retirement accounts to show that you are financially stable.
  6. A letter explaining why you have no rental history and describing your plans for the next one to five years.
  7. A list of personal references that can vouch that you’re responsible and won’t become a headache for your landlord or the other tenants.

How to nail the deal with a landlord

Shur says personal details can swing a landlord your way. Here are a few tidbits landlords love hearing:

  • If you have a parent or other person who can co-sign a lease and guarantee rent, bring it up (or better yet, bring the individual along).
  • If you used to pay rent to a family member, even if it’s a small amount, that’s a good thing to share. Shur suggests asking the family member to write a letter that you can present to the landlord.
  • If you don’t have pets and don’t plan to have any during the time you’re renting, make that clear early on.
  • Finally, if you have the ability to swing three months’ rent in advance, make the offer. It will show a landlord you’re financially stable and able to take on a monthly rent.

Source: http://www.realtor.com/advice/rent/how-can-i-get-approved-to-rent-with-no-rental-history/ | Sept. 1, 2017