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Must tenants show proof of renters insurance?

By Robert Griswold, Thursday, January 26, 2012.
<a href="http://www.shutterstock.com/gallery-443944p1.html" target=blank>Rental contract image</a> via Shutterstock.com.

Q: My property manager is requesting we show proof of renters insurance. This is our second year in a lease with this apartment complex, but this is the first time we have been asked for proof of insurance.

I believe they are asking because we have made several complaints about the condition of our apartment due to a roof that leaked for a year before being fixed, and filthy carpet and mold in the apartment. Our complaints about the condition of the apartment led to a visit by the health department. If we do not show this proof of renters insurance, what could happen to our lease?  more...

Even short-term renters should be screened

By Robert Griswold, Thursday, January 12, 2012.
<a href="http://www.shutterstock.com/gallery-286756p1.html" target=blank>Couple with boxes image</a> via Shutterstock.com.

Q: We have short-term renters in our vacation unit in Palm Springs, Calif. They rented for one month with the option to extend for two more. As soon as they moved in, they began providing lists of what they considered was wrong with the unit. Some were legitimate, others were ridiculous -- such as the icemaker was providing only crushed ice and they needed cubed, etc.

They told us they wanted to extend a second month but then did not pay the rent.  more...

3 steps to resolve a noise complaint

By Robert Griswold, Thursday, December 29, 2011.
Image via <a href="http://www.shutterstock.com/gallery-65904p1.html">Sebastian Kaulitzki </a>/<a href="http://www.shutterstock.com">Shutterstock</a>

Q: I live in an apartment community that is very large. Recently there has been a rather heated discussion between tenants and management over noise complaints. The heart of the issue is determining who is responsible for notifying the tenant causing the noise problem or disturbance, and I wanted your opinion.

Here is one recent experience that I had with the tenants that live downstairs from me. The tenant had friends over and the noise level was loud and lasted until 3 a.m. I work full time while these people are on government assistance and have all day to sleep in. I've tried calling the apartment community security or courtesy patrol, but they either don't respond or come two hours later when it's over.  more...

An alternative to painting rental between tenants

By Robert Griswold, Friday, December 16, 2011.
<a href="http://www.shutterstock.com/gallery-93178p1.html" target=blank>Wall painting image</a> via Shutterstock.

Q: I have a rental property with new tenants that moved in last week. Upon move-in, they contacted me and said they noticed a few scuff marks on the wall. They are requesting that the property interior have a new coat of paint applied. Although I like that they are conscientious of maintaining a clean apartment, I'm concerned about applying yet another coat of paint on the wall.

I've had other tenants, and have always painted the walls before the next one moved in, but this time I didn't because I'm concerned that repainting can somehow affect the texture of the wall. I don't know the chemical properties of paint as to why it might be a problem, but somehow I get the impression that it may not be a good idea to keep doing it every time. What do you think?  more...

Signs you need a better property manager

By Robert Griswold, Thursday, December 1, 2011.
<a href="http://www.shutterstock.com/gallery-194254p1.html" target=blank>Dilapidated rental house image</a> via Shutterstock.

Q: I own a rental property managed by a property management company. I have had problems with the last and current tenants. The previous tenant stopped paying rent for several months and then abandoned the property leaving it in unbelievable shape.

The house had to have considerable work done in order to rerent it. My current tenant is not paying the garbage service bill despite a number of promises to my property manager that they will do so. Some late rental payments also raise my concern.  more...

Must landlord maintain smoke detectors?

By Robert Griswold, Thursday, November 17, 2011.
<a href="http://www.shutterstock.com/gallery-287929p1.html" target=blank>Jim Barber</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: I own a small multifamily apartment complex. The units have smoke detectors and I am currently installing carbon monoxide detectors as well. Who is responsible for making sure that the batteries in the detectors are operative or actually work? Do I need to go to each unit, test, buy the batteries and replace, or does each tenant assume responsibility for their own?

A: When you prepare the rental unit for your incoming tenant you need to make sure that the smoke detectors and carbon monoxide detectors are working properly. By testing the unit and having it indicate by sound or visually that it is operating properly, you are in essence making sure that the battery is working.  more...

Avoid legal trouble when terminating tenant's lease

By Robert Griswold, Friday, November 4, 2011.
<a href="http://www.shutterstock.com/gallery-100760p1.html" target=blank>Andy Dean Photography</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: We have an unmarried couple renting a one-bedroom apartment for the past 4 1/2 years. We have always had trouble collecting rent in a timely fashion, and every time we have been there for a repair we found the apartment was dirty and messy. It doesn't seem like they have any system for keeping the unit clean, as they both seem to be always at work.

My wife and I decided that at the end of their current lease we are not going to renew it, and we are going to give them a written notice that they will need to find a new place. So, naturally, this year they have paid on time. I gave them a six-week notice that I am not going to renew their lease. They say they will not move! What can I do?  more...

Are renters liable for crime-related property damage?

By Robert Griswold, Friday, October 21, 2011.
<a href="http://www.shutterstock.com/gallery-131473p1.html" target=blank>Gina Sanders</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: About a month before the end of our rental lease, the house was burglarized. An outside door, screen door and two inside doors were badly damaged. The police were called. The landlord's father inspected the property at the time, as the landlord lives out of town.

I had renters insurance for my items that were stolen, and I was fully reimbursed minus my deductible. The insurance company informed me that the physical damages would be the responsibility of the landlord/owner.  more...

Tenant cries foul over 'late keys' charge

By Robert Griswold, Friday, October 7, 2011.
<a href="http://www.shutterstock.com/gallery-332755p1.html" target=blank>David Koscheck</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: When I was moving out of a condo that I had been renting for nearly seven years, I requested a pre-move-out and a post-move-out inspection from the property management company. It is not legally required where I live, but the property manager agreed to these inspections.

Unfortunately, the property manager showed up a day early so I asked her to come back the next day. She never kept the appointment so I held on to the keys, as I did not want to allow the property manager to see the condo without me being there and possibly find unjustified items to deduct from my security deposit.  more...

Rent break for waiting on repairman?

By Robert Griswold, Friday, September 23, 2011.
<a href="http://www.shutterstock.com/gallery-121426p1.html" target=blank>Sergey Mironov</a>/<a href="http://www.shutterstock.com" target=blank>Shutterstock</a>

Q: A tenant who rents a house from me is requesting that I allow her to deduct lost wages from her rent. She notified me that her air conditioner was not working properly. I immediately called the home warranty company who sent out a technician as soon as it could that same day.

(The technician) made the repair, but the air conditioner began malfunctioning again shortly after he left. I then called an air conditioner repair company who came out and replaced another malfunctioning part the next day. I responded as quickly as was humanly possible.

On the first of the month, the tenant sent me a letter with two checks enclosed. One check was for the full amount of the rent -- $850 -- and a second check for $755. She said that she was sending both checks and would "let me decide which one to cash." She said she lost work waiting for the technician to make the repairs.

I believe I did everything I could to effectuate the repairs in a timely manner. The property is in a desert community, and the air conditioning stopped working the first day the temperature hit 90 degrees.

I would never want anyone to have to suffer in the heat; however, this is a woman who is quite helpless and calls me with every inconsequential thing imaginable. I do not want to set a precedent with her in allowing her to deduct money from her rent.  more...

Landlord's parking policy too restrictive?

By Robert Griswold, Friday, September 9, 2011.
Flickr/<a href="http://www.flickr.com/photos/thedeplorableword/146403669/" target=blank>Tom (hmm a rosa tint)</a>.

Q: My son parked in his girlfriend's assigned parking space at her apartment complex. The property manager had his car towed claiming he was not the tenant and that parking is for tenants only. The tenants are not provided with parking stickers. There is a sign posted outside the complex labeled "Tenant Parking Only."

Does the tenant have the authority to let someone else park in her assigned parking space? Can my son's girlfriend withhold the rent to offset the cost of the towing?

A: Under the parking policies of most rental properties, I believe that your son's car should not have been towed -- at least based on the weak reason provided by the property manager. It is reasonable and customary for the tenant to allow the use of her parking space by her guest or visitor on a short-term basis.

Typically, parking spaces are allocated to each tenant based on the number of occupants or bedrooms in the unit they rent. At some properties where parking is limited or there is a concern by the owner or property manager that unauthorized vehicles could unreasonably use spaces intended for tenants, then parking stickers or some type of control device is used.  more...

How much is too much carpet cleaning?

By Robert Griswold, Thursday, August 25, 2011.
Image courtesy of <a href="http://www.flickr.com/photos/missrogue/366402658/" target=blank>miss_rogue</a>.

Q: Is it reasonable that I have the carpet cleaned every time a tenant moves out? I do it because I see it as part of the maintenance and keeping with the value of my property.

My current tenant has lived there for only six months and he is already requesting I clean the carpets! I'm not even sure that the tenant has soiled the carpet enough to warrant a professional steam cleaning. Will too much carpet cleaning shorten the life of my carpet?

A: Your question is very basic but it is an interesting one. Most landlords consider cleaning the carpet to be a routine and standard procedure as part of their turnover and unit preparation between tenants. Having a clean carpet is really part of the overall sanitizing of the rental unit and an important step in having a quality rent-ready unit that will attract a qualified tenant.

While it may not be required by law, I would agree with your policy of steam cleaning the carpet between each tenant in virtually all circumstances.

But you also ask another interesting question about what to do when a current tenant wants you to steam clean the carpet during his or her tenancy. I think you are essentially asking if you can steam clean your carpet too often?  more...

How to handle unapproved rental repairs

By Robert Griswold, Thursday, August 11, 2011.
Flickr image courtesy of <a href="http://www.flickr.com/photos/fws-recovery-act-projects/4453665151/" target=blank>US Fish and Wildlife Service - Recovery Act Team</a>.

Q: I am a new landlord and recently faced a situation that frustrates me. I have a tenant in a moderate-climate area who said his air conditioning unit stopped working, and he wanted me to have it fixed. The next thing I knew, he went ahead and called a technician to the rental house without my permission and is expecting me to pay for the repair. What recourse do I have in this case?

A: As the landlord, you would be responsible for the maintenance and repair of an air conditioner that was part of the features or amenities that you provided to your tenant as part of his rental agreement. However, once you turn over possession of the rental property to your tenant, you need to rely upon your tenant to give you notice if the air conditioner is not functioning in some aspect.

Typically upon being advised by the tenant that the air conditioner is not working properly, the landlord will have a qualified repairperson investigate the complaint. This could involve the landlord coming out to the property and performing the repair, or it may be a handyman who is experienced in basic servicing of the unit for lubrication and changing filters or verifying that there is power to the unit or some other issue unrelated to the actual air conditioning unit.  more...

Security deposit rules when subleasing

By Robert Griswold, Thursday, July 28, 2011.
Flickr image courtesy of <a href="http://www.flickr.com/photos/29456235@N04/5396894948/" target=blank>Charleston's TheDigitel</a>.

Q: I am subleasing a room from a renter of an apartment unit. She has a lease with the owner of the property and I just rent one room. But the renter did require me to pay her a security deposit. I am very concerned that when I move out, the renter who I sublease the room from will not return my security deposit to me because she irresponsibly spent it. I need to know my rights.

I could be moving out soon because there are many things going on in this apartment that are unacceptable to me. If she says she can't pay me when I move out, can I sue the actual owner of the building for the deposit? Or should I contact the building owner now and tell him I will sue him if the tenant doesn't return my security deposit so that he makes sure the tenant has my deposit waiting for me?

A: You have a contractual agreement with the renter of the apartment and not the owner of the building. In other words, she is on the lease and you have only a verbal agreement that allows you to rent or occupy one room along with possibly shared use of the balance of the apartment.

Even if the owner of the building is aware that you are living in the apartment, he does not have any responsibility for any terms of your sublease agreement between you and the renter. That would include the amount, proper deductions and accounting or return of any security deposit. So it would be inappropriate to contact the owner of the building about a private agreement you have with the renter of the apartment who is essentially your landlord and is the party to the master lease for the apartment.  more...

Finding a win-win way to break lease

By Robert Griswold, Thursday, July 14, 2011.
Flickr image courtesy of <a href="http://www.flickr.com/photos/sarahreido/3120872862/" target=blank>.reid.</a>

Q: We have been renting an apartment for nearly two years. When our lease expired last fall, we signed a new 12-month lease that runs through October. Currently, our adult daughter lives with us and is paying one-third of our total rent. She has decided that she will be moving to her own apartment in early August.

Unfortunately, I lost my job several months ago and I am still unemployed. Up to now we have been on time with all our lease payments but will not be able to afford the full rent without my daughter's contribution. We have contacted the landlord and explained the situation. Also, my wife and I have found an apartment for seniors that we can afford, and we would like to move as soon as possible.

Our landlord has agreed to meet with us in a couple of weeks to negotiate a lease termination. The lease form is a standard industry document used by brokers, and our landlord is in real estate. We would welcome any suggestions that you might have.

A: The specifics of your dilemma are unique, but the overall challenge you face is very common. You are in a lease that you voluntarily signed with your landlord last fall and now you have had a personal change of circumstances and want to break the lease approximately three months early.  more...

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