Can Landlords Limit Their Tenants’ Second Amendment Right to Bear Arms?
Posted by Tracey March in Landlord/Tenant Law, Lease Agreements, Property Management, Tenants on May 21, 2013
By Tracey March Every day in our country about 289 people are shot, some deliberately and some by accident. A gun in the home is 22 times more likely to be used to kill or injure someone in a domestic murder, suicide, or accident than to be used in self-defense. (From the Brady Campaign to Prevent Gun Violence.) Given these troubling statistics, many landlords and property managers have been wondering if their property rights allow them to limit gun ownership in their rental properties without violating the Second Amendment right [...]
Do I Need a Lawyer to Sell My Rental Home?
Posted by Tracey March in Foreclosures, Investment Property, Property Management, Real Estate Law on May 15, 2013
By Tracey March In most states, involving an attorney in a residential real estate transaction is optional. If you’re using a realtor to help sell your rental and there is nothing out of the ordinary about the transaction, you probably don’t need a lawyer. However, if you’re selling a rental under one or more of the following conditions, consider seeking advice from an experienced real estate attorney: Seller-financing: an attorney will advise you on the best way to structure the deal to protect you and the rental property. Short sale [...]
Should You Finance the Sale of Your Rental?
Posted by Tracey March in Investment Property, Property Management, Taxes & Finances on May 13, 2013
By Tracey March Compared to 2006, homes today are more affordable but qualifying for a mortgage is more difficult. If you want to sell your rental home more quickly and you don’t need the cash immediately, you can increase your pool of potential buyers if you finance the sale yourself. This requires thinking outside the box and a willingness to be flexible, but if you find a buyer you’re comfortable with and get good legal advice, it can be a win-win situation for both parties, with less paperwork and closing [...]
Can You Show Your Rental Home When You Have a Tenant?
Posted by Tracey March in Lease Agreements, Marketing, Property Management, Tenants on May 10, 2013
By Tracey March There are only a few circumstances in which a landlord may enter an occupied rental property, and one of them is to show the property to a prospective tenant or buyer, as long as any notice requirements are met. However, there are a few things to consider when selling a rental home that has tenants living in it. First, decide if you want to wait until the property is vacant. Some buyers prefer to see an empty property, and it’s easier for you to schedule showings and [...]
All Property Management Acquires Rental Property Reporter
Posted by Henry Hall in Property Management on May 7, 2013
By Henry Hall Today, All Property Management announced the acquisition of Rental Property Reporter, the oldest and most trusted online resource for do-it-yourself landlords. There are about 28.1 million property investors in the U.S., of which only 30 percent use professional property management services. The acquisition allows All Property Management to expand its market-leading tools, services, and content to support investors who are not yet ready for professional property management. The newly redesigned website is now live at www.rentalpropertyreporter.com. “Do-it-yourself landlords play an essential role in America’s housing recovery, and [...]
CAA-opposed bill that would boost eviction jury trials hits snag
Posted by Jerry in Apartments on May 7, 2013
CAA-opposed bill that would boost eviction jury trials hits snag in committee A CAA-opposed bill that would have encouraged jury trials in eviction cases — greatly delaying a landlord’s ability to speedily eject a nonpaying tenant — failed in the Assembly Judiciary Committee this morning and cannot return until at least next year. Read [...]
Do Fair Housing Laws Protect Gay, Lesbian, Bisexual, and Transgendered People?
Posted by Tracey March in Fair Housing, Property Management on May 4, 2013
By Tracey March There is strong evidence that lesbian, gay, bisexual, and transgendered (LGBT) people and their families are discriminated against in the housing and rental markets. But whether or not that type of discrimination is illegal depends on the specific circumstances and the state. And in most states, it’s still legal. Federal Fair Housing Act Sexual orientation and gender identity are not protected classes under the federal Fair Housing Act. However, the Department of Housing and Urban Development (HUD) has made it clear that it is illegal for landlords, [...]
Fair Housing: Is Medical Marijuana a Reasonable Accommodation?
Posted by Tracey March in Fair Housing, Property Management on April 28, 2013
By Tracey March State laws legalizing marijuana are spreading. Colorado and Washington allow marijuana for recreational use, eighteen states and the District of Columbia have legalized medical marijuana, and several states have pending legislation. However, federal law still classifies marijuana as an illegal class one drug, so under the federal Fair Housing Act landlords aren’t required to allow it as a “reasonable accommodation” for people with disabilities. Regardless of where you live, you can have a no-smoking policy in your rentals as long as you do not discriminate against a [...]
Are You Liable for Tenants’ Pets? Maybe
Posted by Henry Hall in Insurance, Landlord/Tenant Law, Property Management on April 24, 2013
By Henry Hall If you’re trying to keep your rental occupied, it’s pretty difficult to exclude renting to tenants with pets. Some industry studies show that landlords who exclude pets suffer vacancy rates as much as 4% higher than those who don’t. But having a pet-friendly rental can pose liability problems. If one of your tenants has a dog that bites another tenant, you might end up with a law suit on your hands and possibly covering the damages for any injury to victims. In fact, dog bite incidents are [...]
Are Landlords Liable for Unsupervised Kids? You Betcha!
Posted by Henry Hall in Property Management on April 24, 2013
By Henry Hall When you leased your house in the country to a family with young children you told the parents they were getting a rent discount because the home came with an slight eyesore: a rusted out piece of farm equipment you were storing in the back yard. Nonetheless, the home sat on over three acres and there was plenty of room for the kids to play and parents to walk and garden. The farm equipment hadn’t been used in a generation, and you just hadn’t gotten around to [...]