Landlord's legal kit for dummies

Title Page
Copyright Page
Table of Contents
Introduction
	About This Book
	Foolish Assumptions
	Icons Used in This Book
	Beyond the Book
	Where to Go from Here
Part 1 Getting Started with Landlording Fundamentals
	Chapter 1 The Legal Fundamentals of Managing Residential Rentals
		Running Your Operation as a Corporation or LLC
		Taking Ownership of a Rental Property
		Avoiding the Legal Pitfalls of Managing Residential Rental Properties
			Obeying fair-housing laws
			Setting rents and payment policies
			Screening applicants
			Drafting a lease or rental agreement
			Managing security deposits
			Moving tenants in and out
			Fulfilling your maintenance and safety obligations
			Dealing with co-tenants, sublets, and assignments
			Terminating rental contracts
	Chapter 2 Protecting Your Legal Assets
		Forming Your Business
			Choosing a legal structure
			Exploring ways to incorporate
		Knowing the Law or Consulting Someone Who Does
			Conducting your own legal research
			Turning to an attorney
		Preparing for and Paying Taxes
			Making sense of income taxes
			Grasping (and appealing) property taxes
	Chapter 3 Taking Possession of a Rental Property
		Knowing What to Get Up-Front
			A comprehensive list of the personal property included in the sale
			A copy of the entire file for each current tenant
			A seller-verified rent roll and list of all security deposits
			A copy of all required governmental licenses and permits
			A copy of all the latest utility bills
			A copy of every service agreement or contract
			A copy of the seller’s current insurance policy and loss history
		Insuring Your New Property
			Understanding the different types of insurance coverage
			Finding the right insurance company
			Determining the right deductible
		Talking with Tenants about Renter’s Insurance
		Handling Potential Claims
		Working with the Current Tenants During the Transition
			Meeting the tenants in person
			Inspecting the property
			Inspecting the rental unit
			Using a new lease or rental agreement
			Evaluating the current rent
	Chapter 4 Hiring a Property Manager
		Your Property Management Options
			Using a property management firm
			Hiring an individual
			Doing it yourself
		Hiring a Professional Property Management Firm
			Finding the right company for you
			Knowing what to ask a prospective management company
			Compensating your property manager
			Sidestepping pitfalls
			Being aware of the tax consequences
		Going with an Individual to Manage Your Property
			Screening candidates
			Signing an employment agreement
			Compensating your property manager
			Complying with employment laws and accounting requirements
			Understanding independent contractor versus employee status
			Firing and evicting an employee
		Notifying Tenants of a Change in Management
Part 2 Advertising and Taking on New Tenants Legally
	Chapter 5 Getting Current about Fair Housing
		Examining the Fair Housing Act
			Recognizing the seven protected classes
			Identifying conduct that constitutes discrimination
			Identifying conduct that constitutes preferential treatment
			Meeting the three conditions of a violation
			Including principals and agents
			Knowing what you’re allowed to do under the law
			Noting exceptions to the law
			Paying the price for infractions
		Digging Deeper into the Sex, Familial, and Disability Protected Classes
			Sex
			Familial status
			Disability
			Companion or service animals
		Exploring Additional Protected Classes at the State and Local Levels
			Steering and chilling
			Minors
		Safeguarding from Claims of Housing Discrimination
			Taking a proactive/preventive approach
			Taking a reactive/corrective approach
	Chapter 6 The Legal Aspects of Advertising
		Applying the Fair Housing Act to Residential Rental Property Advertising
			Understanding the law
			Complying with the law
		Adhering to Truth-in-Advertising Laws
			Accurately describing the rental units
			Disclosing any important policies
			Presenting rents and amenities accurately
			Avoiding bait-and-switch advertising
		Advertising on the Internet
	Chapter 7 Rent Collection and Rent Control
		Creating a Written Rent Collection Policy
			When rent is due
			Where rent is paid
			How rent is paid
		Dealing with Rent Collection Problems
			Collecting late rent
			Charging late fees
			Handling returned rent payments
			Dealing with partial rent payments
			Serving legal notices
		Raising the Rent without Sending Your Tenants Running
			Figuring out how to raise the rent
			Recognizing restrictions on rent increases
			Keeping your tenants (relatively) happy
			Giving tenants advanced notice
		Dealing with Potential Rent Regulation Issues
			Determining whether your property is subject to rent regulation
			Increasing rents
			Being extra careful when evicting a tenant
			Closing down a rent-regulated property
		Taking Advantage of Government Programs
			The scoop on rental subsidy programs
			The lowdown on the Housing Choice Voucher program
	Chapter 8 Screening Applicants
		Preparing a Legal Screening Policy and Letter of Consent to Background Checks
			Setting criteria for acceptance
			Starting with a boilerplate screening policy and making adjustments
			Getting consent for a background check
		Developing Your Rental Application
		Knowing Your Options When Screening
			Taking the do-it-yourself approach
			Outsourcing to a screening service
			Charging a fee to cover your costs
		Notifying Unqualified or Less-Qualified Applicants of “Adverse Action”
		Keeping Essential Records
			Keeping records for rejected applicants
			Maintaining tenants’ files
			Securing sensitive information
	Chapter 9 Composing Your Rental Contract
		Eyeing the Need for a Rental Contract
			Comparing leases and rental agreements
			Realizing the importance of putting the agreement in writing
		Starting with a State-Specific Template
		Customizing the Lease Template
			Introductory language
			Rental unit
			Rent
			Security deposit
			Term
			Utilities
			Cash payment
			Occupants
			Prohibitions
			Smoking prohibition
			Quiet enjoyment
			Fines and penalties
			Repairs and alterations
			Acceptance of premises
			Care, cleaning, and maintenance
			Landscaping
			Smoke detection device
			Carbon monoxide detection device
			Renter’s insurance
			Waiver of breach
			Joint and several liability
			Entry
			Subletting and assignment
			Breach of lease
			Sale of property
			Notice
			Addenda
			Entire agreement
			Credit report
			Attorney’s fees
			Signatures
		Considering Additional Provisions
			Delay of possession
			Delivery of notices
			Pets
			No illegal use
			Notice of injuries
			Delay in repairs
			Notice of absence from premises
			Abandonment
			Materiality of application to rent
			Remedies not exclusive
			Destruction of premises
			Eminent domain
			Governing law
	Chapter 10 Establishing a Security Deposit Policy
		The Legal Uses of Security Deposits
		Deciding How Much to Charge as a Security Deposit
			Setting separate deposits for pets
			Considering security deposit alternatives
			Avoiding nonrefundable deposits
		Exempting Ordinary Wear and Tear
			Distinguishing damage from ordinary wear and tear
			Assessing damage with move-in and move-out checklists
		Safeguarding and Returning Security Deposits
			Holding security deposits in a separate account
			Using a security deposit itemization form
			Keeping receipts for repairs and cleaning
			Deducting from the security deposit
			Paying interest on security deposits
			Collecting damages and unpaid rent in excess of a security deposit
			Handling security deposit disputes
	Chapter 11 Moving in a New Tenant
		Agreeing on the Move-In Date
		Meeting with a New Tenant Prior to Move-In
			Establishing your policies and rules
			Reviewing and signing legal documents
			Transferring the utilities to the tenant
			Collecting the rent and security deposit
			Inspecting the property with your tenant
			Providing an informational letter
			Taking crime prevention measures with a rental unit
		Keeping Detailed Tenant Records
		Choosing a Reliable Means of Communication
Part 3 Recognizing Your Responsibilities and Liabilities
	Chapter 12 Repairing and Maintaining the Premises
		Honoring Your Duty to Maintain Habitable Housing
			Defining “habitable”
			Adhering to local codes
			Preventing and eliminating nuisances
			Protecting minors
			Suffering the consequences of falling short
		Informing Tenants of Their Legal Obligation to Maintain Their Units
			Knowing your tenants’ responsibilities
			Seeking damages when tenants fall short
		Putting a Proactive and Responsive Maintenance and Repair System in Place
			Recognizing the benefits of a proactive and responsive system
			Establishing a policy and setting goals
			Conducting regular maintenance and repair inspections
			Responding to tenants’ maintenance requests
		Dealing with Tenants Who Withhold Rent
		Exploring Contractor-Related Legal Issues
			Hiring licensed, bonded, and insured contractors
			Insuring uninsured workers
			Getting warranties to cover the work
	Chapter 13 Minimizing Injuries from Potentially Dangerous Conditions
		Preventing Injuries in Rental Units and Common Areas
			Using materials safer than standard glass
			Using safe cords (or no cords) for window coverings
			Using anti-tip brackets for free-standing ranges
			Securing swimming pools, spas, and hot tubs
			Ensuring limited access to construction sites
			Improving exterior lighting
			Preventing injuries from animals
			Focusing on fire safety
			Preparing for natural disasters
		Identifying Potentially Dangerous Conditions
			Encouraging tenants to report safety concerns
			Conducting regular inspections
		Evaluating Your Legal Liability
			Negligence
			Failure to maintain or repair
			Violation of a health, safety, or building code
			Reckless or intentional acts
	Chapter 14 Preventing and Minimizing Hazardous Environmental Conditions
		Clearing the Air Your Tenants Breathe
			Asbestos
			Carbon monoxide
			Formaldehyde
			Radon
		Assessing and Limiting Your Liability for Lead Paint and Mold
			Lead-based paint
			Informing and protecting tenants during repairs and renovations
			Mold
		Preventing and Exterminating Pests
		Preventing and Eliminating Hazardous Waste
			Determining whether something is a hazardous waste
			Identifying common sources of hazardous wastes
			Educating tenants and staff about proper use and disposal of hazardous substances
			Figuring out who’s legally liable for cleanup
	Chapter 15 Protecting Tenants and Workers from Criminal Acts
		Your Obligations and Legal Liability
			Knowing your responsibilities
			Grasping the potential costs of lax crime prevention
		Taking Practical Crime Prevention Measures
			Turning to a crime prevention program
			Taking necessary crime prevention precautions
			Educating and connecting tenants
			Enhancing crime prevention measures
		Securing Your Business
			Safeguarding the rental office and tenant records
			Maintaining control over locks and keys
			Screening potential employees
			Keeping tabs on employee behavior
		Dealing with Troublesome Tenants
			Responding to general criminal behavior
			Handling domestic issues
			Dealing with drug users and dealers
		Being Truthful about Safety and Crime
	Chapter 16 Understanding Tenant Privacy and Your Right to Enter the Premises
		Balancing Owner and Renter Rights
			Exploring the influence of contract and property law
			Honoring the implied covenant of quiet enjoyment and warranty of habitability
			Looking into state statutes
			Stating your right to enter the premises in your rental contract
		Exercising Your Right to Enter an Occupied Rental Unit
			Building rapport with tenants
			Entering a rental unit only when necessary
			Giving tenants advance notice and getting permission
			Responding to a tenant’s unreasonable refusal to let you enter
			Counting the potential costs of abusing your right to enter
		Honoring Additional Tenant Rights: Do’s and Don’ts
			Implementing a reasonable overnight guest policy
			Don’t release information about a tenant
			Don’t call or visit a tenant at work
			Don’t be snoopy
			Don’t ostracize a tenant you don’t like
	Chapter 17 Resolving Landlord-Tenant Disputes
		Settling the Most Common Problems
			Late-, partial-, or nonpayment of rent
			Additional occupants
			Inappropriate noise level
			Unsupervised minors
		Consulting Your Attorney for Advice
		Resolving Problems without Eviction
			Hashing it out: Listening and talking
			Bringing in a mediator
			Writing a warning letter
			Taking a tenant to small-claims court
			Encouraging a voluntary move-out
		Avoiding Retaliation
Part 4 Changing and Ending Leases
	Chapter 18 Handling Co-Tenancies, Sublets, Assignments, and Guests
		Recognizing Legal Issues Involving Nontenants
			Understanding co-tenancy and why it matters
		Dealing with Common Co-Tenant Issues
			Deciding who pays the rent
			Raising the rent and security deposit
			Taking a hands-off approach to co-tenant disputes
			Terminating a co-tenant’s lease
		Deciding Whether to Allow Subleases or Assignments
	Chapter 19 Revising and Terminating Rental Contracts
		Changing the Rental Contract Terms
		Terminating a Rental Contract
			Terminating a lease
			Ending a rental agreement
			Dealing with a tenant’s termination of the rental contract
			Requiring an intent to move out notice
			Accepting rent after the lease ends
			Prorating rent
		Evicting Troublesome Tenants
			Serving legal notices
			Filing a formal eviction action
			Following the do’s and don’ts of the eviction process
			Collecting judgments
	Chapter 20 Moving a Tenant Out
		Requiring Written Notice of Your Tenants’ Move-Out Plans
		Providing Your Tenant with a Move-Out Information Letter
		Conducting the End-of-Lease Inspection
			Thoroughly inspecting the property
			Completing the move-out checklist
			Taking photos to document any damage
			Reclaiming an abandoned rental unit
Part 5 The Part of Tens
	Chapter 21 Ten Tips for Staying Out of Legal Trouble
		Acting Beyond Reproach
		Screening Applicants Carefully
		Keeping Abreast of Changing Laws
		Writing a Solid Rental Contract
		Complying with Fair-Housing Laws
		Maintaining Your Property
		Keeping a Paper Trail
		Following Legal Eviction Procedures
		Practicing a Reasonable, Legal Security Deposit Policy
		Promising Less, Delivering More
	Chapter 22 Ten Tips for Being a Better Landlord
		Assessing Your Landlord Readiness
		Maintaining Rapport with Tenants
		Establishing Professional Relationships
		Joining an Association
		Taking Landlord Training Courses
		Getting Certified
		Keeping Abreast of Legal Developments
		Being Proactive
		Honing Your Communication Skills
		Hiring an Expert When Necessary
Index
EULA