Archive for the ‘managing apartments’ Category

How I Evicted A Problem Tenant in 4 Steps

Sunday, May 4th, 2014

I recently did my first tenant eviction. It’s something I always felt a little queasy about doing, since the procedure was kind of hazy to me. But I found the whole process fairly easy.

Contrary to widespread misconceptions,  the justice system favors the landlord. If a tenant violates the contract, the law is on the side of the landlord. And, not having enough money is an unacceptable reason not to pay the rent.

I had a tenant that had a habit of paying late. I warned him that this can’t continue, yet after the warning he I still didn’t receive his payment on the due date – the first day of the month.

Here are the steps that I took to remove him:

1.)  I filled out a “Pay or Quit” form that gave him 5 days to pay up or remove himself from the premises. I taped it to the front door and mail a copy to tenant. I made a copy of this form from my copy of the Arizona Landlord’s Deskbook.

2. ) He didn’t pay or leave so I went to the County Courthouse and filled out a form to set a court date to have him evicted. I paid $42 to process the paperwork and $40 to the County Constable to hand deliver the Eviction Summons to the tenants. The Summons named the tenant as defendant, stated the date and time of the trail, and listed the amount of money they owed. It took one week before we could get a trial date.

3.) At the trial, my wife and I show up, but the tenants do not. The judge awards the judgement to my wife and I and gives us a paper ordering the tenants to leave and to pay the costs, which includes an additional $85 for Court Costs. The Judge’s Eviction Notice gives the tenant 5 more days to get out.

4.) We mail a copy of the verdict to the tenant and he is out before the 5 days is up. We don’t anticipate getting the last month’s rent, but our main goal was to remove them from the premises.

The entire process is simple enough that it can be done without a lawyer. However, in the court I saw one tenant who had hired a lawyer to represent her. The rest of the landlords that I saw did not have lawyers.

My only regret was that I waited longer then I should have to file the paperwork with the county. I negotiated with the tenant, which turned out to be futile. It wound up taking about a month to actually remove the tenant. Had I acted quicker, he could have been out in half the time.

Overall, going through the process was empowering because it gave me confidence that the government is there to assist landlords to remove problem tenants.

Excuses for not paying rent

I have found that tenants can afford to pay for cable TV, new Ipods, big screen televisions, yet they can’t afford to pay the rent. I often think to myself, “Something is wrong with this picture.”

Here are some sad but true excuses that tenants have come up with (from The Landlord Protection Agency at http://www.thelpa.com). If you hear excuses like these, it’s probably time to start the eviction process.

“I had to pay my car registration & I owed my former landlord money.”

“Oh come on. You’re gonna harass me on Valentines Day?”

“We are expecting a couch delivery in the next few days.”

“You know with Christmas gifts and parties, we’re a little short on the rent this month.”

“My last landlord had no problem with me paying late. This seems to be a real big issue with you.”

“Sorry I said I would have the rent and the late fee. I lied. So where do we go from here?”

“I would have paid the rent, but I though I needed it more than you.”

“So many things came up this month that I had to deal with. Now I don’t have the rent money. Sorry. I don’t know what to do. I’m sure not gonna borrow it.”

“I lost my cell phone with your number in it. That is why I couldn’t call you to tell you what happened!”

“We had to use the rent to pay our electric bill. They were gonna turn us off if we didn’t pay the whole bill.”

“Why you bothering me? I told you I work 2 jobs and don’t have time for this!”

“I would have paid your rent, , but I had to make the car payment.”

“I did not pay the rent when I said I could because that is the only day I can sleep late.”

The right way to handle tenants who are moving out

Wednesday, November 7th, 2012

Eventually, tenants experience that “feeling I get when I look to the west, and my spirit is crying for leaving,” which Led Zeppelin describes, and they move away.

When this happens, you will want to make the transition of the tenant out of the house as smooth as possible. The best way to do this is by telling the tenant what you expect from them. We send a letter that clearly spells out the checkout process. This way there are no misunderstandings, we are all on the same page, wavelength, sheet of music, or stairway to heaven.

Move Out Information Letter to Tenants

Some key things that we mention in our letter are:

1.) How much of their security deposit will be returned.

2.) There will need to be a review of their check in sheet (and attach a copy for them).

3.) What you expect in terms of house cleaning.

4.) Reminders to contact the utility companies to disconnect services in their name.

5.) Reminders to cancel newspaper and other subscriptions, and to provide the Postal Service with a change of address form.

6.) Reminders to contact us when they are ready for the final house inspection.

7.) A note that if keys are not returned, they will be charged.

8.) Any costs that we must pay to repair the house will be taken out of their security deposit, and we will refund the money due them within 10 days.

Download a copy of my “move-out” information letter to tenants.

(The link to my letter may not work on Internet Explorer. It seems to work fine with Google Chrome.)

Why be lenient with the damage deposit?

In general, we are pretty lenient when it comes to charging tenants for little things on the checklist. If they move out, and they have been good tenants, we are going return to them most, if not all of their security (or damage) deposit back, barring some obvious big broken item.

Our perspective is that we made a lot of money from the tenants over the years, and we don’t want them to leave on a sour note just because they thought we might have overcharged them on some ticky-tack repair.

 

Men of the World Unite!

John and Todd over at FearlessMen.com are staging a mustache and beard growing contest to help raise funds for charity.

I have confidently signed up to participate in the contest, and I have every intention of winning!

I invite you to join me.

The rules are simple:

1. Starting November 1st, start growing you mustache or beard. In the process they will encourage others who see them as they selflessly promote this great cause, to donate to the selected charities.

2.December 1-16 the contestants will have their photos posted at Fearlessmen.com so everyone can vote on said mustaches and beards. On Dec. 17th, the winner will be announced

3. The winner will receive prizes.

For complete details, charge over and read John’s article:

Fearless Men’s Beard and Mustache Competition | Movember 2012.

 

_____________________

Coming VERY Soon!

How to Turn Your Home into a Rental House, Instead of Selling It
Related Articles

6 Steps to Roof Maintenance (for the Home that will Turn Into a Rental House)

How I Evicted A Problem Tenant in 4 Steps

When to Hire a House Inspector – Radio Interview with Rich Peterson

Getting Rid of Bad Tenants

“Turn your home into a rental” on Mark Wayne Show

7 Reasons to Live in a Fixer-Upper House While You Repair It

6 Steps to Roof Maintenance (for the Home that will Turn Into a Rental House)

Our First Rental House Plunge

10 Most Frequent Problems Found by House Inspectors

5 Steps to Get Your House Ready to Rent by Terry Sprouse

5 Steps to take if your house is flooded

Some perfectly legal ways to maximize your rental profits

Add “Start a Rental House Business” to Your Bucket List

The 5 Rules on How to Lose Money and Get Your Rental Property Trashed by Tenants

Window Repair with #2 Son

Required Roof Maintenance for Fixer Upper Houses

Learn to Repair Your Fixer Upper Houses

How I Got Started In Fixer-Upper Houses

How to learn to operate a fixer upper house business

The Peaceful Warrior and Fixer-Upper Houses

Required Roof Maintenance for Fixer Upper Houses

Monday, July 2nd, 2012

One of the jobs associated with operating a fixer upper and rental house business is to keep your rental properties in ship shape!

With the annual approach of summer rains, now is almost the last chance to make rental house roofs water proof before the watery onslaught. As someone who has a sworn aversion for arriving too early to parties, I subscribe to the time-tested philosophy of “better late than never.”

This morning I applied some black roofing cement on some areas on one of my townhouse roofs. I had located some cracks upon my inspection of it about 2 weeks ago.

The first photo shows the area in question, where I had previously applied a small amount of plastic roofing cement, but today I was going to put on some more and cover a broader area.

Before picture

The second photo shows the application of the plastic roofing cement. We apply one layer of cement, then put a white membrane on top of that, followed by a second layer of cement. The membrane allows for more cement to be applied.

Application of roofing cement

Below is the “after” photo. You can see that in addition to the corner, we hit a few other cracks with our roofing cement on the sides of theroof. Later, we’ll come back with white roofing paint to cover the black cement.

Completed repair

A good rental house

My wife and I purchased this 2 bed 2 bath townhouse in 1993 and lived in it for 10 years before moving on to a bigger house (to accomodate our growing family), and turning this property into a rental house in 2003.

Its been one of our best rental houses because it is in a “transition” zone (aka “opportunity zones”) where there is heavy demand for housing, and it is easy to care for because it is compact (1100 sq ft with small front and back yards). The townhouse perfect for single people or small families.

We originally purchased it for $53,000 and we charge $750/month (more if the tenants have pets).

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Funniest Tenant Screening Stories

Monday, June 4th, 2012

This guest post is from Endre Rex-Kiss, an online marketing, social media and human resource enthusiast. He currently represents FidelisAM, a US based agency providing employment and resident screening services. Follow his occasional guest blogging activities on Twitter.

Tenant screenings is the way to go if you want quality tenants and most landlords come across potential tenants who are either not what they claim to be or have serious behavioral problems. This article takes a look at the funniest screening stories landlords have had and their aftermaths. So sit down, relax or better still grab a cold bottle of beer to nurse while you go through the experiences below.

The Estranged Wife

A couple with no kids moved into a 4 bedroom duplex in the suburbs, the house and environment provided the perfect scenery for the couple but there was only one problem and it was that of meeting up with their mortgage payments. So they decided to put a room up for rent. The necessary adverts were created and finally a prospective client came knocking, he was the perfect tenant for he claimed to be single, had no pets, did not smoke, drink, do drugs and had a well-paying job. This obviously was too good to be true so the couple decided to hire an agent to conduct a little screening on him. After two days, the agent returned to tell the couple that they had been invited to have dinner with the previous landlord of their prospective tenant. On getting there, they were told that the tenant usually preys on sympathetic landlords and if you fall into his trap by renting a room to him, he would move in, behave for some days but a week later a woman who would claim to be his estranged wife would come visiting for some time and then finally move in with a cat. They would then proceed to co-habit like pigs, steal your property and when rent is due, disappear like thieves in the middle of the night.

Ghost Tenants

A couple responded to a landlord’s accommodation advert, they came to see the Landlord and professed that they loved the apartment and would be willing to rent it for the long term. The landlord was convinced that they were the perfect tenants so when the wife came calling the next day without her husband (due to the supposed fact that he works late) to ask for the keys to the apartment so she could look through it, the landlord duly obliged. A day passed, the lady did not return, two passed and she was still missing. The landlord quickly called his agent who conducted a quick search only to find out that the woman and her husband had already moved into the apartment. The police was called and the couple quickly evicted.

Dead beat Prospective Tenant

An agent once recommended a tenant who had the best recommendations ever; he had a good job, perfect credit and good relationships with his previous landlords. A meeting day was fixed and the prospective client shows up with a dead beat car and the attitude of someone who was one step ahead of the law. The landlord who needed to rent his facility out as soon as possible, overlooked this tell-tale signs and had agreed to lease the apartment to the tenant. The recommended signatures had already been traded and an upfront deposit had been made but as luck would have it, a police officer who was driving randomly through the neighborhood spotted the prospective tenant, felt his face was familiar and got down to trade some questions. Suddenly, the tenant bolted and a foot race began. The tenant was finally apprehended and the landlord discovered that the name, details and personal information given by his perfect tenant had nothing in common with the tenant.

The Thief

A couple came with an agent to view a landlords property, after going through it, they decided it was perfect and would be signing the necessary papers the following day but there was just one issue, they needed the house repainted. The landlord obliged, carried the necessary equipment to the house and started painting. He painted into the night and decided to spend the night there instead of returning home late. In the middle of the night, he began to hear strange noises at the side of the house, quickly he got up to investigate and on getting there, he found his prospective tenant trying to detach an A/C unit.

These stories show that conducting an in-depth screening which should include: former landlord credit checks, recommendations and past criminal activities are highly recommended.

Upcoming Speaking Engagement – Terry Sprouse (author of Fix em Up Rent em Out)

I will be making a presentation to the Arizona Network of Real Estate Investors. Mark your calendars.

Where:
Fidelity National Title, 6760 N. Oracle Road, Suite 100, Tucson, AZ

When:
June 7th, 2012

Time:
Meeting begins at 5:30 pm, presentation at 6:00 pm

Title: The 5 Rules on How to Lose Money & Get Your Rental Property Trashed by Tenants

Hit a Holiday Home Run for Your Tenants

Wednesday, December 15th, 2010

Remember your tenants during the holidays with a gift card. This shows them that you are in it for more than the money.

When I was a Peace Corps Volunteer in Honduras, the people I worked with went out of their way to make me feel I welcome and cared for. I try to do the same with my tenants.

Be kind to your tenants and treat them the way you would like to be treated and they will return the favor by taking care of your property, and by providing you with financial security for years to come.

How to Prepare a New Rental House for Tenants (video)

Sunday, December 12th, 2010

Get your rental house ready for tenants by following my 5 steps.

I also recommend four of my favorite repair books for your real estate library to guide you through the process of repairing appliances, sinks, electrical outlets, and almost any other repair issue that you may encounter.

 

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Creepy tenants and landlord/tenant rights

Tuesday, August 24th, 2010

Gary Sutton of Newsradio 910 WSBA, York, PA asked me, “What if you have a creepy tenant like the one in the movie Pacific Heights?  What are the rights of tenants?

Michael Keaton in Pacific Heights represented a new landlord’s worst nightmare. He was a master at manipulation of landlords, and pushed the boundaries of the law without actually breaking them.

Laws Favor Tenants

Of course, there is a lot of gratuitous Tinseltown nail-bitting tension in the film, but it does faithfully present one fact that all landlords must face. The laws generally favor the tenant.

Laws may vary from state to state, but in general tenants are required to:

– maintain dewlling units
-dispose of trash
-use in a reasonable manner the electrical , plumbing, heating, AC,
etc., and all appliances
– not destroy, deface, or damage the premises
– not disturb the beighbor
– allow landlord access to the property

Landlords are required to:

-supply a written copy of the lease to the tenants
– comply with all building codes
– make requied repairs so that the property is clean and safe
– maintain in safe working order all electrical plumbing, AC, etc.
– provide recepticles for waste removal

“Practical” vs “Legal” Remedies

As Carlton Casler points out in his book “Arizona Landlord’s Deskbook,” the best remedy to problems with tenants is often by utilizing the “practical” approach rather than the “legal” approach.

For example, instead of incurring all the costs of time and money to legally remove a deadbeat tenant, by telling the tenant that if he is out at the end of the month and the property is reasonably clean that you will refund allow his deposits. Or, if he has no deposits, you give him $100.

Would that solution work for a tenant like Michael Keaton?

He’d probably prefer a fist fight with the landlord or a shootout with the cops.

However, outside of Hollywood the practical solution works pretty well.

Upcoming radio interviews

August 25 at 8:08 am, I will be on Jeff Anderson’s show, KSDR 1480 am, Watertown, South Dakota.

August 26 at 11:05 am, the Ron Ross Show, WJBC 1230 am, Bloomington, Illinois.

September 15 at 8:05 am, the Dan Ramey show, WBEX 1490 AM, Chillicothe, Ohio.

Dealing with Problem Tenants

Wednesday, August 11th, 2010

Malcom's Dad

In today’s interview with Mark Wayne of WICH Radio in Norwich, CT, the question came up “What if you want to start a rental house business buy you are leery about dealing with tenants?”‘

My response is that some tenants are real pleasures to work with and you rarely even see them. They go the extra mile to maintain your property and get along beautifully with the neighbors.

On the other hand, other tenants require constant attention and supervision, not unlike my own teenagers who like to push me to the frazzled limits of my sanity .

As the dad observed on Malcom in the Middle, “Let’s face it, teenagers are thoughtless, inconsiderate eatingmachines dedicated to putting us through hell and sending us to an early grave.”

Okay, tenants probably aren’t that bad, but that’s a good starting point for discussion purposes.

Some of the common problems that landlords face are:

1. Tenants that pay late or don’t pay

2. Noisy tenants

3. Messy or destructive tenants

Handling difficult situations

If you are using a month-to-month lease, as I strongly suggest, either the tenant or the landlord can cancel the contract by giving the other party one month’s notice. This way, if you need to evict a tenant, you just give them a one month written notice, and they are out the next month.

You don’t even need to have a good reason to remove them.

You are just exercising your right to cancel their monthly contract. It removes the possibility of having to go to court to remove a tenant. Easy as pie.

Here are the steps that I take to remove a bad tenant:

1. Tenant engages in some action that violates the contract, for example, they pay the rent late.

2. Call the tenants to inform them they are in violation of the contract.

3. Follow up immediately with a memo that again tells them of their contract violation, and tell them exactly what I expect them to do. For example, pay the rent at an agreed upon date. Tell them the consequences of not immediately remedying the situation. For example if they don’t pay the rent, I will not renew the month-to-month contract.

4. If they don’t take the appropriate action, of if another violation occurs, send them a form or a memo saying you are cancelling the contract. They must be out in 30 days.

5. If they are not out in 30 days, I can pay to have a deputy sheriff evict them. If they are still behind on their rent when they leave, I keep their security deposit to cover the unpaid rent.

Don’t get the wrong impression, most of my tenants have been good tenants. I have only had one eviction in years that I have operated my business. And the eviction was a fairly easy process because of the month-to month lease.

Upcoming radio interviews

August 17, 7:50 am, Jason Mansmith show, WRPN 1600 am, Ripon, Wisconsin.

August 19, 7:40 am, Gary Sutton, WSBA 910 AM, York, PA.

August 20, 8:30 am, I will be on David Sutton’s show, KSRN 1490 am, Los Alamos, New Mexico.

August 23 at 8:05 am, the Cliff  “On-Air”  Turner show, KLBN 1450 AM, La Grande, Oregon.

August 25 at 8:08 am,  I will be on Jeff Anderson’s show, KSDR 1480 am, Watertown, South Dakota.

August 26 at 11:05 am, the Ron Ross Show, WJBC 1230 am, Bloomington, Illinois.

September 15 at 8:05 am, the Dan Ramey show, WBEX 1490 AM, Chillicothe, Ohio.

How to Find Tenants

Thursday, April 8th, 2010


Here is a recent email that I received from someone who is taking my 7-Week email course, and my response:

Dear Terry,

We bought one fixer upper but are having trouble renting it — any ideas of good places to advertise for a tenant?

Thanks in advance,

Jean xxxx

Hi Jean,

Let me suggest a few techniques that that have worked for me:

1. Place several small For Rent signs on all nearby streets, especially the major intersections. If you get a sign with an arrow on it, you can point the arrow in the direction of your house. I buy the signs at Home Depot or Lowe’s.
2. Hold an “open house” on Saturday and Sunday. People driving by can come in and look around.
3. Contact companies that help people find rental properties. Some will list your property for free. These companies usually contact me.
4. Run an ad on craigslist.org. You can upload photos and describe the qualities of your rental property. The ads are free & I usually get a great response.

I hope you find a tenant soon.

Let me know if you come up with a good technique that I haven’t thought of.

Good luck!

Best regards,

Terry Sprouse

Location, Location, …

One thing I didn’t mention in the letter, but which is perhaps the most important consideration of all in attracting good tenants, is the location of your property. Properties located where people really like to rent are called “opportunity zones” (or “transition zones”).  Just as Baskin-Robbins must offer the flavors of ice cream that the public likes, so you must offer rental properties in the areas of town where people want to live.

If your property is located in an area where people don’t like to rent, you will always have trouble finding tenants. For more information about my philosophy on where to invest, check out my EzineArticles.com article The Secret to Increasing Cash Flow – Invest in Opportunity Zones .

NEWS FLASH — dealing with tenants a big issue for my class

Tuesday, February 2nd, 2010

Avoid this guy as a tenant

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