Lease Termination

For those of you who’ve met me or taken one of my classes, you know that I say what I mean and I mean what I say. I talk the talk and I walk the walk. I tell it like it is (professionally and with care, of course) but If it has to do with not sugar coating things, I’m your girl (of course, I’m not referring to using “visit us” or “live here” words during leasing… then a little fluff is just fine). But in normal every day dealings onsite and at the corporate office… I don’t see the point in wasting time beating around the bush, because TIME is MONEY!

There have been numerous occasions that I am aware of, sadly, that a property manager has not filed an eviction on a resident who hasn’t paid rent by the time it’s due. Despite the action being spelled out, very clearly, in our policy and procedures manual (and common sense if you’ve spent any time in the business).

The manager will have a wide range of reasons as to why they won’t… but the last time I heard the excuse, I nearly fell out of my chair (seriously). She said “Well… I needed the occupancy numbers”. WHAT? What good is a high occupancy percentage if you’re not collecting any rent? She didn’t know the answer. Turns out, this person was a habitual late-rent payer and eventually ended up skipping out… owning an absurd amount of money to the community. Worst yet… he’d been renewed without increase. TWICE!

By Salvatore Friscia, San Diego Premier Property Management, San Diego, CA

A vital part of reducing cost when managing a rental property is limiting the expenses associated with tenant turnover. Tenant turnover usually requires the rental property to be professionally cleaned, painted or touched up, and carpets cleaned or replaced. In order for you to know what expenses to absorb and what expenses to charge back to the tenant, you should always know the current condition of the property as well as the condition in which the property was given to the tenant.

To accomplish this, each tenant should be provided with a written “Move-In/Move-Out” checklist. The “Move-In/Move-Out” checklist allows both parties to identify in writing the initial “Move-In” condition and the final “Move-out” condition of the property. These checklists will eliminate any misunderstandings regarding which party will pay for non-normal wear and tear repairs throughout the tenancy and upon move out. Prior to giving the keys to the tenant the owner should completely inspect the property and document the existing condition on the “Move-In” side of the checklist. It is necessary to document the condition of the appliances, windows, screens, blinds, doors, walls, lighting, flooring, a/c, heating, toilets, faucets, ceiling fans, and any other necessary interior and exterior areas. During the initial walk-through with the tenants, it is important to review the findings with the tenant and have the tenant sign and date the document.

By Salvatore J. Friscia, San Diego Premier Property Management, San Diego, CA

Every property owner should require tenants to issue a refundable security deposit which is held on file to insure against non-performance of the lease agreement. Non-performance may be, but is not limited to, anything from damages occurring during occupancy to expenses accrued due to the tenants conduct or failure to pay rent.

The confusion begins with the property owner not knowing how much to require the tenant to issue for the security deposit. It is important to understand that security deposits for residential properties are controlled by statute and call for nondiscriminatory  and equal treatment. It is a prohibited discriminatory practice to charge a family a different amount then an applicant without children. It is also prohibited by law to require an excessive amount for the security deposit. In addition to collection of one month’s advanced rent, the maximum security deposit allowed (at least in the state of California) for an unfurnished unit is two months rent and three months rent for furnished properties. [California Civil Code 1950.5(c)] Check your local area laws for similar guidelines in your area.

By Ben Holubecki, STML Realty Group, Glen Ellyn, IL

As the weather warms up and the rental leasing season gets into full swing it is easy to get caught up in the rush of showing requests, rental applications, lease signings, and new tenant walk through appointments that usually fill these months for leasing agents and management companies. From what we are seeing in our area and what I have heard from managers and agents in other markets this is one of the more active springs in recent history for tenant moves and new leasing activity. We have seen our average vacancy time decrease from 30 days to less than 20 days over the last few months and some properties are renting as soon as they hit the open market. This is a far cry from just a few months ago when we were in the middle of one of the least active leasing winters that we can remember in the Midwest.

While this is all great news for those of us who earn a living filling and managing these vacant units, we have noticed one area where things have not picked up all that much. The “tough to rent” properties are still hard to move. The nice unit in the dirty building, the overpriced 1 BR apartment, the house with the crazy wallpaper, the home next to the hoarding neighbor, and other general nightmare rentals still continue to be issues. While the market seems to be increasingly active, I see the activity picking up for well maintained, clean, and competitively priced units. Unless the property is in a top-notch area, the properties with problems continue to be a tough sell but through some aggressive marketing and incentive offers we have seen even those properties move in a reasonable period of time. It takes a bit of creativity to get someone to look past things that they believe they can’t live with but sometimes it’s just a little bit of money or the structure of a deal that keeps things from coming together. Some of the more common and effective offers we see in our market lately have been: