| 1.) Don't rent to anyone before
checking his or her credit history, references and
background. Haphazard screening and tenant
selection too often results in problems -- a tenant
who pays the rent late or not at all, trashes your
place or moves in undesirable friends -- or worse.
2.) Get all the important terms of the
tenancy in writing. Beginning with the rental application
and lease or rental
agreement, be sure to document important facts of
your relationship with your tenants -- including
when and how you handle tenant complaints and repair
problems, notice you must give to enter a tenant's
apartment and the like.
3.) Establish a clear, fair system of setting,
collecting, holding and returning security deposits.
Inspect and document the condition of the rental
unit before the tenant moves in to avoid disputes
over security deposits when the tenant moves out.
4.) Stay on top of repair
and maintenance needs and make repairs when
requested. If the property is not kept in good
repair, you'll alienate good tenants. And they
may have the right to withhold rent, sue for any
injuries caused by defective conditions, or move
out without notice.
5.) Don't let your tenants and property
be easy marks for a criminal.
You could well be liable for the tenant's losses.
Landlords are sued more than any other group of
business owners in the country. The average settlement
paid by a landlord's insurance company is $600,000,
and the average jury award is $1.2 million.
6.) Respect your tenants' privacy.
Notify tenants whenever you plan to enter their
rental unit, and provide as much notice
as possible, at least 24 hours or the minimum
amount required by state law.
7.) Disclose environmental hazards such
as lead. Landlords
are increasingly being held liable for tenant health
problems resulting from exposure to environmental
poisons in the rental premises.
8.) Choose and supervise your manager carefully.
If a manager commits a crime or is incompetent,
you may be held financially responsible. Do a thorough
background check and clearly spell out the manager's
duties to help prevent problems down the road.
9.) Purchase enough liability and other
property insurance. A well-designed insurance program
can protect your rental property from losses caused
by everything from fire and storms to burglary,
vandalism, and personal injury and discrimination
lawsuits.
10.) Try to resolve disputes
with tenants without lawyers and lawsuits. If you
have a conflict with a tenant over rent, repairs,
your access to the rental unit, noise or some other
issue that doesn't immediately warrant an eviction,
meet with the tenant to see if the problem can be
resolved informally. If that doesn't work, consider
mediation by a neutral third party, often available
at little or no cost from a publicly-funded program.
If your dispute involves money, and all attempts
to reach agreement fail, try small claims
court where you can represent yourself. Use
it to collect unpaid rent or to seek money for property
damage after a tenant moves out and the deposit
is exhausted.
© 2000
Nolo.com
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