Author Archive: Travis Eller

Landlord Duty to Deliver Possession

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“English” Rule

The covenant to deliver possession is enforceable against the landlord when a third party wrongfully remains in possession at the time the tenant is entitled to possession. The landlord’s obligation is to ensure actual possession, not a mere right of possession.

This is the long-established rule in England and is followed by a number of American jurisdictions.[1]

“American” Rule

The landlord need only convey the right of possession, not actual possession – unless there is an express lease covenant to the contrary.  This rule was developed historically in US jurisdictions but has been largely modified or abandoned, particularly as to residential tenancies.

Many states have adopted the Uniform Residential Landlord-Tenant Act.[2]  The Uniform Residential Landlord-Tenant Act in its current form has provisions expressly creating a duty to deliver actual possession.

Although statutes in many states are based on this model act, the model and the various statutes in jurisdictions that adopted it evolve separately and differ more and more over time. The Washington Residential Landlord-Tenant Act does not have these provisions.

[1] American Law of Landlord and Tenant, Robert S. Schoshinski.

[2] http://www.uniformlaws.org/shared/docs/residential%20landlord%20and%20tenant/urlta%201974.pdf

 

Advice For New Landlords

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by Eve Pearce

With housing prices remaining relatively low, some are looking to rent out their existing property when moving on rather than selling at a price lower than the purchase while others are using this time of more affordable housing to buy an investment property as a provision for the future. Whatever the reason, becoming a landlord is not risk free and so it is important that you do your research and take the proper precautions to protect your investment and hopefully see a good return.

A Good Rental?

First things first, find out whether your property or prospective property will make a viable rental. This involves calculating total outgoings such as mortgage payments, insurance, maintenance and repairs and agent fees and researching typical rental prices in the same neighbourhood. Speaking to local real estate and letting agents and looking at online property rental websites is essential to finding the right rental price for your property. This is important not only for calculating the yield on your investment to check for financial viability, but also for setting an appropriate price that will attract tenants when you come to advertise. Whether or not a property will make for a good rental is not only about how the figures stack up. It is vital to consider the local market, the competition, and identify the type of tenants that are likely to be interested in your property so that you can make sure you tailor your rental accordingly. For example families will generally require a bath whereas young professionals are often fine with just a shower room. By understanding your market you can ensure that your property caters for the needs of prospective tenants and, in areas of ample competition, stands out from the crowd.

Let Your Mortgage Company Know

If you are thinking about renting a property which you previously purchased with a residential mortgage, it is important that you inform your lender of your intention to let. Some lenders might force you to change your mortgage to a buy-to-let which often requires a lower loan to value and charges a higher interest rate, so be sure find out where your lender stands when you are assessing the suitability of renting out your property.

Work Out Tax Implications

As with any income, money earned from rental of real estate is subject to federal taxation. It is therefore important that you understand the tax implications of becoming a landlord. When you start to receive an income from your property – regardless of whether you make a profit – you will need to declare this income on your tax return. However, there are a number of deductibles (for example repairs to the property) that can offset some of the income you make so it is important that you get into good record keeping habits from the start.

Get Rock Solid Contracts

Regardless of who you are letting your property to, a solid rental contract is vital. Even when you are renting your property to family or friends this is essential, and it is unfortunately often these situations that go wrong and so it is important that you are protected by a sound lease agreement or rental contract. It is worth seeking the advice of a real estate lawyer or attorney to have a contract drawn up to ensure it contains all of the proper provisions. Often new landlords are tempted to find a contract or template online or try drawing up an agreement themselves to save money, but this will be a false economy if your contract turns out not to be watertight if you have problems with your rental.

Vet Your Tenants

Although you will never really know how a prospective tenant will turn out until they are living in your property (or more often until they move out), but it is nonetheless vital to make the appropriate checks into their character and background before you hand over your keys. If you are using a rental agent to obtain tenants and manage your property, they will undertake such checks. However if you are choosing to self-manage, then conducting a credit check and obtaining references from employers and previous landlords is necessary. Another test not to be underestimated is simply meeting prospective tenants face to face. If their checks and references look good but you just have a strange feeling about them, trust your instincts.

Protect Your Property

As a landlord it is important to have the proper insurance in place to protect your real estate and any contents which you own by taking out appropriate landlords insurance. When moving out of and renting your own home, it is important to switch to landlords insurance rather than rely upon your existing policy as in the event of an incident for which you need to make a claim, you could find that your insurer refuses to pay out on the basis that you had leased the property without their knowledge. In addition to covering the property itself and any fixtures and fittings you have provided, it is possible to take out cover against loss of rental income or your liability as a landlord to ensure you are covered in any situation. Another way of protecting your property is by installing adequate smoke alarms and this is in fact a legal requirement in most states.

Know The Law

Another important aspect of becoming a landlord is being aware of all of the laws that protect you as a landlord, such as eviction procedures, and those which you are obliged to adhere to for the protection of your tenants. Understanding your legal requirements as a landlord is crucial to ensuring you don’t find yourself in a litigious situation and understanding your rights as a landlord before you lease your real estate to your first tenants will give you the confidence to act swiftly and appropriately should any difficult situation, such as non-payment of rent, arise.

 

How do I get the tenants to realize my landlord was wrong?

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I’ve been living with my landlord for a bit more than 6 months. At first it seems great because the place is really nice and well decorated and furnitured, the landlord is rarely home, a cleaner come in every week, and two other tenants who live here are great. The house is also in a beautiful semi rural area.
My landlord who is in early or mid 30’s has always been rather shady. No body is sure where he’s from. He isn’t too talkative toward most people, have bunches of suspicious scars, and is rather cold and distant. He always claims he’s a translator for living, but yet we’re in a small city that is almost two hours away from nearest big city. One of the tenants once told me that he used to be in military for a long time and hinted that he have lose someone very close to him in war. They have say if you get past his barrier, he’s actually a very nice, caring, and a great friend that can be rely on.
I am not too fond of my landlord, but I love living here and since landlord was almost never home, I didn’t mind it at all.
On Saturday I and my boyfriend decided to have a party here while the landlord was gone. So we invited about ten people and have some beers and potluck and stuff but nothing crazy. Both of the tenants were very upset about the whole thing and told us to get out. Since there was so many of us and my boyfriend is really big and have a couple other guys with him, we weren’t too worried. A couple hours later, the landlord came home unexpectedly.
He end up told everyone to leave. When we tried to cool him down and tell him it will be ok, my boyfriend tried to be friendly to him by trying to be funny and put arm around him. To make whole story short, he end up attacked my boyfriend and a couple others. Then he held a knife to my boyfriend’s eye and threatened to cut his eye out if everybody didn’t leave. That’s when everyone left.
My boyfriend has a fractured sternum, bruised kidney, torn liver, and some damages to face. What really bothered me is when my landlord was doing all this, it was one of very few time when I see him actually smiling.
I’m living with my mom now. We’re trying to find a attorney because the police wrote it off as self defend.
Why is this landlord such a ass? We were trying to have some fun, be nice, and respectful then he did this to all of us. On top of everything, the tenants refused to take my side in the court and say it was my fault. Why would the tenants stand behind him on the whole subject?

Why does the tenants stand behind this landlord?

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I’ve been living with my landlord for a bit more than 6 months. At first it seems great because the place is really nice and well decorated and furnitured, the landlord is rarely home, a cleaner come in every week, and two other tenants who live here are great. The house is also in a beautiful semi rural area.
My landlord who is in early or mid 30’s has always been rather shady. No body is sure where he’s from. He isn’t too talkative toward most people, have bunches of suspicious scars, and is rather cold and distant. He always claims he’s a translator for living, but yet we’re in a small city that is almost two hours away from nearest big city. One of the tenants once told me that he used to be in military for a long time and hinted that he have lose someone very close to him in war. They have say if you get past his barrier, he’s actually a very nice, caring, and a great friend that can be rely on.
I am not too fond of my landlord, but I love living here and since landlord was almost never home, I didn’t mind it at all.
On Saturday I and my boyfriend decided to have a party here while the landlord was gone. So we invited about ten people and have some beers and potluck and stuff but nothing crazy. Both of the tenants were very upset about the whole thing and told us to get out. Since there was so many of us and my boyfriend is really big and have a couple other guys with him, we weren’t too worried. A couple hours later, the landlord came home unexpectedly.
He end up told everyone to leave. When we tried to cool him down and tell him it will be ok, my boyfriend tried to be friendly to him by trying to be funny and put arm around him. To make whole story short, he end up attacked my boyfriend and a couple others. Then he held a knife to my boyfriend’s eye and threatened to cut his eye out if everybody didn’t leave. That’s when everyone left.
My boyfriend has a fractured sternum, bruised kidney, torn liver, and some damages to face. What really bothered me is when my landlord was doing all this, it was one of very few time when I see him actually smiling.
I’m living with my mom now. We’re trying to find a attorney because the police wrote it off as self defend.
Why is this landlord such a ass? We were trying to have some fun, be nice, and respectful then he did this to all of us. On top of everything, the tenants refused to take my side in the court and say it was my fault. Why would the tenants stand behind him on the whole subject?

Landlord has not returned deposit check within 30 days time?

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Landlord has not returned deposit check within 30 day time?
I rented an apartment in Canonsburg, Pa and put up with flooding, heating issues, and lack of maintenance problems for the entire year of my lease, but I sucked it up. My lease ended on the 30 of April 2010. I went into the landlord’s office on the 29th with my keys and information regarding where to send the deposit check. I had her write it down, read it back to me, and watched her place it in my file. Two weeks later I was informed by an old neighbor that new tenants had moved in. I call my landlord 6 times and left messages to see where we were in the process of getting my deposit back. The constant calling was the only way I got anything done with them. I left messages repeatedly and received no response back. On the 24th of May I sent a letter stating my concerns and continued calling daily for the next week. I finally got an answer by calling from my friend’s phone on the 6th of June. I was informed that “the check was cut” on the 28th of April. (I believe this to be a lie as it doesn’t take two weeks for a letter to travel 2 1/2 hrs from Pittsburgh to Greensburg PA)

I was counseled by a friend that it is PA law that the landlord get the deposit in full or in part back to me with a list of damages, if any, within 30 days or they pay double. I called and left a message to this fact. I was informed by the landlord today (the 10 of June) that cutting the check was all she had to do and it was in the mail. I asked if it would be possible to void the check as it appeared ot be lost in the system and I could use my time and gas expense to drive to pick up a new one. She responded she would not void the check until it came out of the postal service to her or me. This might never happen.

I have filed a formal complaint with the Attorney General of PA’s bureau of consumer protection office. And I have informed my Landlord I have taken action.

I was unable to pay my bills on time due to this and if by law I am owed then I think this is right.

My real question is. . . Is there anything else I should do at this point? And has anyone else been through this.

PS I am watching for the check still in the mail and even if it does show up I will be documenting the time, date, and also take pictures of the post mark on the envelope.

legal help with landlord?

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I found out from a listing in my local newspaper that the house im renting is in foreclosure and scheduled for auction May 4, 2010. I have tried to contact the landlord/property manager, with no success. I was able to confront my landlord face to face about the listing and the fact that the bank who holds the loan said that their policies dealing with foreclosure properties are “24 hours notice to vacate”. I was then told by my landlord the bank had made a mistake and everything was corrected, the house was not in foreclosure, and she would try to have someone contact me to provide proof regarding the situation. The landlord-tenant association told me to send a certified letter stating that I am breaking my lease (which i still have 18 months of, not to mention the equivalent of 3 months rent fee for breaking the lease) to my landlord, the reasons why, and to pay a prorated amount of rent from the current due date to May 4th. I also had an attorney tell me to do the same things. The county told me I have approximately 40 days from the date of auction to vacate. Another attorney told me to send a certified letter stating that “i intend to pay rent upon proof of property not being in foreclosure”-except i cannot pay rent, if the landlord actually did get screwed. i decided to be responsible (i have 3 kids and 3 dogs) and make sure that no one could show up at my door and tell me i had to leave, and not be prepared. i rented a storage unit, a uhaul and signed a lease with another landlord. I can pay the prorated amount, but because of having to put down another deposit on another house, i cannot pay the full months rent for the house im currently in. After all this rambling/explanation, how would i state the letters to make sure that what i say is legal, correct and current with todays laws. ugh, advice would be great too.

Landlord verbally agreed to break lease, won’t put it in writing…what to do??

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Our business has two years left on its lease. The building is a dump, to the point where I cannot conduct business here and people have turned down jobs because of the state of disrepair of the building. When I signed the lease I included a letter stating I was signing on the condition that specific things get fixed. They have not gotten fixed. I went in last month with a laundry list of repairs that needed to be done and demanded a timeline. He said he would cancel our lease, no cost to us. A month ago I gave him a letter releasing us to sign, he has not yet returned it. I had our attorney follow up, who told him he gave us his word that he would cancel the lease. He promised our attorney he would write something up, then never did. I contacted the landlord today and he said he was working on putting something in writing, but he is really busy. I am beyond frustrated – what can I do here??

Illinois – My landlord unlocked the door and came in my apartment? Is this legal?

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Early today my roommate and I were asleep when we both were awakened by a god awful pounding on the door. Then I heard my roommate scream from the other room, but I just figured it was one of our friends who always pounds on our door that way because I didn’t hear any further yelling. She came in my room a minute later and said “A guy just opened my door in the back and started yelling at me he wants to know who rents the apartment and he knows we have a cat.” She said she literally pushed the guy out of the apartment and locked the door asking him who he was. He replied “I’m the f-ing landlord.”
As she is telling me this, we hear another knock on a door. Not sure which one it is coming from we wait a second to hear another knock and then head to the front door. Now mind you I don’t live in a very big place and it takes me less than 12 steps from my bedroom to the front door. By the time I was to the front door, there was the landlord that we had met, and the guy that barged in my roommates door.
We’ll call the older gentleman (the landlord I signed the lease with) Rob, and the younger one Bob.

Bob immediately starts spouting off about how he knows we have a cat in the apartment. He heard the cat it was loud as hell. Rob told Bob to just hang on a minute. Then Rob starts telling me about how we aren’t suppose to have pets and what was the arrangment with my old landlord (that he knows) I told him “Keith” allowed pets. He said they absolutely do not and they were giving me a week to get rid of it.
And then Bob pulls his shoulders back and puffs his chest out and acts like he’s trying to fight me and says “And we will be back to check!” Where I reply “Okay but you think you’re just going to walk into my apartment?” To which he replies, with a puffed out chest “We have every right to come in, and we have the right to remove the cat right now if we wanted to!”
Rob then says “You have a week to get rid of the cat, no pets allowed.”

Okay so here is my dilemma –
I read on Illinois Attorney General Lisa Madigan’s site something about Illinois not have a LAW against landlords entering the home, but as a general rule they need to give 24 hour notice.

Yes I know, I wasn’t supposed to have the cat, but when you have a pet for 7 years, its part of the family, and just like a child you would do anything to ensure they have shelter. (Don’t fight me on this one, I know I wasn’t supposed to have the cat.. case closed)

My sister has agreed to keep my cats until the end of my lease, so that problem is solved.
But now what happens when the two “landlords” waltz into my apartment unannounced.
I’m not sure just HOW much it matters but my roommate is 17 years old, and we are both females.

And if he thinks he can just come unannounced, what happens when my 52″ television or my 2 XBOXs start disappearing?

I’m not sure what steps to take from seeing the Attorney General’s site. But I know that I no longer feel safe or that I have any privacy.
Well, I already stated I had the cat and knew I wasn’t. But with the cat gone, he has no right to enter my apartment. Take your attitude somewhere else.
What if I wasn’t the one with the pet and it was my neighbor!? Then he still had the right to barge in, I THINK NOT.
They didn’t see a pet, they thought they heard one.
I guess I should have mentioned I’m not looking to file any legal charges against him/them. I just do not wish to be in my apartment doing god knows what and have them walk in. What goes on in my apartment is my business, not theirs. They said I have a week to get rid of cat, which isn’t a problem as there were already plans to move the cat anyway.
But where is the right to threaten? “Bob” was puffing out his chest and pulling back his shoulder.. literally lunging towards me like he wanted to fight to me or something..
Anyway.. I feel that after the cat issue is no longer just that.. where are my rights to privacy? What if I never had a pet in the first place? I’m looking for an answer that doesn’t revolve around the cat..
Rereading I realized I forgot to mention, with the second knock after “Bob” had walked in the back door into my roommates bedroom (and they know damn well its a bedroom too) The knocking on the front door was a knock, and then they were unlocking my door and walking in.. I didn’t even have the chance to answer the door. So they KNEW someone was here because “Bob” was just standing in my roommates bedroom scaring the hell out of her.

About to get evicted with 5 month old baby…..?

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My and my fiancee are going through a hard time, our car was repossessed, he lost his job, and i have yet to find work since having a baby girl 5 months ago. we are 2 months behind on our rent and just received the eviction papers a week ago. i mailed off a letter to the plaintiff attorney stating the reasons why i think we shouldn’t be forced to move but i have a feeling it doesn’t really matter and that i will be receiving a 24 hr notice any day now. is there any way to slow down the eviction process and buy some time. and any advice to me about where we are supposed to go…we live in broward county florida and i contacted EVERY rental assistance agencies churches and all and no one has funds. even the homeless shelters have waiting lists. what am i supposed to do?? please someone offer me some kind of advice. and no mean answers please. do unto others as you would have them do unto you.

Landlord vandalized my property (pictures)..What can I do?

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A few months ago while on vacation, landlord hired a new property manager for my building. I had turned the electricity off to save $$ while I was away. The new manager mistakenly assumed that the apartment had been abandoned. I was completely up to date on my rent, but he did not bother to even call and check with the office, and instead removed all of my property from the apartment and re-rented it!

After contacting the police and hiring an attorney, my property magically reappeared, I got a call from my landlord telling me I could pick it up from their offices. Well, I went to pick it up today and all of my stuff had been completely vandalized!. Paint thrown over my clothes, rotting food, spoiled milk and garbage mixed in with my clothes, photos albums were ripped to shreds and my computer was MISSING!

The police do NOTHING and wont even take a report..they tell me to take it Landlord-Tenant court like its a rent dispute or something, which is not an option.

What can I do?
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