Weekend Landlord with CD, 2E: From Credit Checks to Evictions and Everything in Between

Overview

It Doesn't Have to Be a Full-Time Job

The Weekend Landlord is your simple guide that highlights the crucial areas of landlord/tenant relations. Complete with frequently needed forms and helpful checklists, you can find the best tenants, handle any issues that come up and move on to the next tenant as circumstances demand.

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Naperville 2006 Softcover Second Edition. 202 pages. Softcover. Brand new book. BUSINESS. A guide for aspiring landlords by a legal representative, complete with CD ROM for ... windows and Macintosh. Essental reading for all those needing to know the highs and lows of being a landlord. Also includes copies of all the forms needed to start. Index included. (Key Words: Organizations, Landlords, Renting, Leasing, Apartments, Housing, Legal Advice, Law, James A. Landon). Read more Show Less

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Overview

It Doesn't Have to Be a Full-Time Job

The Weekend Landlord is your simple guide that highlights the crucial areas of landlord/tenant relations. Complete with frequently needed forms and helpful checklists, you can find the best tenants, handle any issues that come up and move on to the next tenant as circumstances demand.

Manage Your Money
Make smart decisions in selecting tenants, collecting rent, reporting income and saving at tax time.

Watch Out for Red Flags
Avoid the common mistakes that many landlords make regarding background checks, making repairs and ending the tenancy.

Reference Your State's Resources
Learn what your state requires from you when dealing with a tenant and how to effortlessly meet those requirements.

Make Use of Handy Tools
Use these quick and easy tools to ensure that you are covering all your bases and locking in the right tenant.

Precise Coverage of
--Applications
--Credit Checks
--Security Deposits
--Partial Payments
--Collecting Rent
--Landlord's Duties
--Tenant's Rights
--Maintenance Issues
--Terminating the Lease
--Taxes

Easy-to-Use Forms
--Tenant Application
--Lease Agreement
--Property Inspection
--Move-Out Letter
--Termination of Lease
--Repair Request
--Payment Agreement
--Deposit Itemization
--Eviction Complaint
--Sublet Permission

Simple, complete and ready to help-The Weekend Landlord is your answer

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Product Details

  • ISBN-13: 9781572485648
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 10/1/2006
  • Series: The Weekend ... Ser.
  • Edition description: Includes CD-ROM
  • Edition number: 2
  • Pages: 224
  • Product dimensions: 7.00 (w) x 9.00 (h) x 0.59 (d)

Meet the Author

As an attorney and author, James A. Landon is an energetic and enterprising member of Southern Arizona's legal community.

Landon graduated from the University of Arizona College of Law in 1996, after receiving his Bachelor of Fine Arts, Cum Laude, from the University of Arizona. Landon has practiced law in Tucson since 1996, successfully handling thousands of landlord and tenant related cases. He currently practices law as a partner in The Law Offices of Sipe and Landon, a full-service law firm located in Tucson.

Always relishing the art of public speaking, Landon made his first television and radio appearances at the age of 10 as a student advocate for the Independent School District in Austin, Texas.

Landon was born in Summit, New Jersey, but has lived in Arizona since 1982. He met his wife Heidi while surfing the Internet, and has been married since 1998. The couple has two cats and a beloved dachshund, Vegas.

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Read an Excerpt

The Top 10 Ways to Be a Successful Landlord

Excerpted from The Weekend Landlord, 2E by James A. Landon ©2007

1) Require a complete rental application
Many tenancies do not have a happy ending. Perhaps the tenant needs to be evicted, or a landlord discovers extensive damage to the dwelling after the tenant has moved. In the event that a tenant leaves with money owed, the original rental application becomes very important. A landlord stands a much greater chance of recovering money owed if the application includes accurate Social Security number, date of birth, employment, income, reference, and nearest relative information. All of this information can help landlords in their efforts to recover past due amounts from a former tenant.

2) Inspect a dwelling before a new tenant moves in
Failing to properly document the condition of your property before your tenant moves in can adversely affect your ability to demonstrate that a tenant is responsible for damages caused during a tenancy. If you have not documented the condition of the property prior to move in, how can you prove that the tenant caused the damage? Shooting video, taking pictures, and keeping thorough notes of the condition of the property prior to move in greatly enhances your chances of recovering for damages caused during the tenancy.

3) Always obtain the forwarding addresses of your tenants
There are a couple of reasons that a landlord should always obtain this forwarding address information: 1) to ensure that there is an address to send information regarding the tenant's security deposit, often required by state statutes; and 2) to give the landlord the tenant's new address in the event the landlord needs to pursue the former tenant for money owed in excess of the deposit.

4) Inspect the property during the course of the tenancy
Although the tenant occupies the property, the landlord still is the owner. Therefore, it is in the landlord's best interests to regularly inspect the property. Even though the rent may be paid on time, tenants may be damaging or neglecting the property, and this can cost the landlord far more than a month or two of unpaid rent.

5) Insist on a signed agreement as to the date that the balance is due when accepting a partial payment
The temptation to accept past due monies from a tenant is understandable, even if it is not the full amount due. If you accept partial payments, however, it is always a good idea to document the amount of money received, and have the tenant sign the document specifying the date that the balance will be paid. In many jurisdictions, a landlord will be forced to wait until the following month to bring an eviction action if he or she has accepted a partial payment without a written agreement regarding the date that the remaining balance is due.

6) Be familiar with local and state landlord/tenant and fair housing laws
Quite often, inexperienced landlords unknowingly and unwittingly violate local, state, and federal laws without having any idea that they are doing so. Such violations can be costly, so landlords need to keep abreast of the current laws to the best of their ability. There are numerous ways in which landlords can keep current with the law, including the Internet, library, and secretary of state-not to mention having an experienced landlord/tenant attorney to contact in a pinch.

7) Be familiar with market conditions
Market conditions exert a great deal of influence over residential rental properties. These conditions affect such things as the amount of rent that is attainable, the value for sale of any rental property, and the long-term outlook of a rental property as a potential investment. It is of great benefit to always keep up with your local market conditions. Periodically research advertised rents. Drive around and see what types of units are available, and what the asking price is for those units. Periodically check the asking price for available properties similar to yours. All of this research, which will encompass a minimal amount of time, will pay dividends down the road.

8) When it is time to hire an attorney, hire an attorney
A primary purpose of this book is to provide landlords with the information necessary so that retention of an attorney is unnecessary. Sometimes, however, landlords do get in over their heads, and it is important to know when it is time to step back, evaluate the situation, and realize that you need professional guidance or representation. If you get to the point where court action seems imminent or inevitable, it is probably time to give a landlord/tenant attorney a call.

9) Whether or not you think your tenant is entitled to any return of a security deposit, account for that money in a security deposit reconciliation statement
Many landlords want nothing to do with their former tenants, particularly if they believe that those former tenants have caused substantial damages to the property. Even if you believe that your tenant has committed damages that far exceed the security deposit, account for the deposit and those damages in a written deposit reconciliation statement. Many states contain statutes harshly penalizing landlords for improperly accounting for security deposits, particularly if a judge finds that monies have been wrongfully withheld. Therefore, even if you are absolutely convinced that a tenant has no right to the return of any portion of the deposit, account for those monies anyway.

10) Keep tabs on your property manager
One of the reasons that you might hire a property manager is on the presumption that the property manager is well versed in the law, and better able to protect your interests. You may be right. However, property managers are not attorneys, and the burden of any mistakes will primarily fall squarely on your shoulders. Keep in regular contact with your property manager and review your client records often. Regular contact allows you to help your property manager do his or her job most effectively.

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Table of Contents

How to Use the CD-ROM -
Introduction -
Top 10 Ways to Be a Successful Landlord-

Chapter 1: Before a Tenancy Begins -
Advertising
Rental Applications
Credit Reports
Cosigners
Fair Housing Considerations
Protections for Those with Disabilities
Unintentional Discrimination
Potential Penalties for Discrimination Claims

Chapter 2: The Rental Agreement or Lease -
Terms of the Agreement
Oral Rental Agreements
Liquidated Damages Provisions
Disclosures
Blank Spaces
Prohibited Provisions
Implied Provisions
Changes to the Lease
Minors
Lease Expiration

Chapter 3: Security Deposits -
Wear and Tear
Refundable vs. Nonrefundable Deposits
Move-In Inspection
Appropriate Deposit
Accounting for Deposits
Deposits Wrongfully Withheld
Property Sold During the Tenancy

Chapter 4: Rent -
Rent Control
Receipts for Rent
Drop Boxes
Nonpayment of Rent
Amount and Calculation of Late Fees
Other Fees
Partial Payments
Insufficient Funds Checks
Raising the Rent

Chapter 5: The Landlord's Duties -
Duty to Deliver Possession to Tenant
Moving In a Tenant Checklist
Duty to Maintain Fit Premises
Your Tenant's Right to Withhold Rent
Dangerous Conditions and Waste
Hazardous Conditions
Lead-Based Paint
Asbestos
Mold
Carbon Monoxide
Radon
Smoke Detectors
Older Structures
Peaceful and Quiet Enjoyment of the Premises
Landlord's Right of Access
Duty to Provide a Safe Environment
Property Managers
Insurance
Limiting the Landlord's Duties
Selling the Property
General Monthly Duties of a Landlord Checklist

Chapter 6: Your Tenant's Rights, Remedies, and Duties -
When a Tenant can Employ a Remedy
Proper Notice of Material Breach from Your Tenant
Accompanying Documentation
Tenant's Action
Self-Help Remedies
Problems Between Cotenants
Home-Based Business
Assigning the Lease
Subletting
Tenant's Guests
Duties Regarding Roommates

Chapter 7: Terminating the Tenancy -
Move-Out Inspection
Death of a Tenant
Active Duty Military Personnel
Fire or Casualty Damage
Abandoned Property
Retaliation
Moving Out a Tenant Checklist

Chapter 8: Evictions and Collection Actions -
Locking the Tenant Out or Turning Off Utilities
The Need for an Attorney
Finding the Right Attorney for You
Material and Irreparable Breach
Written Notices
Material Noncompliance
Notices for Material Noncompliance
Forcible Entry and Detainer Actions
The Complaint
Bankruptcy Considerations
Post-Tenancy Lawsuits and Collection Actions
Recording Your Judgment
Evicting a Tenant Checklist

Chapter 9: Accounting and Tax Considerations -
Schedule E
Passive Income and Losses
Capital Gains Taxes
1031 Exchanges
Sole Ownership and Entity Formation
Business Deductions
Landlord Checklist

Glossary -
Appendix A: Landlord Checklist -
Appendix B: Rent Control Laws -
Appendix C: Notice to Terminate a Month-to-Month Tenancy (State by State) -
Appendix D: Security Deposit Limits (State by State) -
Appendix E: Time Frames for Providing Security Deposit Statements (State by State) -
Appendix F: Time Permitted for Rent to be Paid after Nonpayment of Rent Notice (State by State) -
Appendix G: Notice Requirements for Landlord to Access the Dwelling (Nonemergency) (State by State) -
Appendix H: States that Allow a Tenant to "Repair and Deduct" -
Appendix I: States that Allow Tenants to Withhold Rent for Failure to Provide Essential Services -
Appendix J: Sample Forms -
Appendix K: Blank Forms -
Index -
About the Author

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