Rental Lease Agreement

If there is one thing that property managers know, it’s that we are exposed to risk in all that we do. This “risk” comes in all shapes and forms; some are more evident than others. I am constantly reminding my employees to be careful of their actions as to not expose the property and our owners to possible litigation. Some of the greatest potential risks, as I have found, are in the very small details. Here’s a few that I wanted to point out.

First, consider the “golden rule” of leasing—treat everyone consistently. Consistently being the key word.  I have often instructed my leasing agents to use caution when asking where people are from. Generally, in life this is a great conversation starter, but in the realm of fair housing when we open that door and are inquisitive on a prospects nationality this could be construed as discriminatory (if an allegation were to ever occur). The curiosity of national origin presents a very strong basis for a suit if one were ever made against the defendant (i.e. leasing agent). Think about it: why does it matter where they are from? You are trying to lease them an apartment—its best to stick to questions that qualify the prospect. As an alternative, the leasing agent might inquire about the prospects interests, hobbies, etc. While it may seem like a harmless, amiable way to personally get to know a prospect, its best to leave this question alone.  

Secondly, the guest card. The guest card is an all-important leasing tool whose purpose is to gather bona fide, relevant data pertaining to the apartment preferences of a prospect. Not only does this tool aid in the selling process of the leasing agent, but its auxiliary purpose is to ward-off fair housing claims by providing a record of the tour—time and place, apartment shown, follow up, etc. Consider if the prospect has children. I have been to a few properties where the leasing agent will report the familial status of all occupants (i.e. if they are a child, minor, etc.)—this is a bad idea. It’s best to stay neutral and simply state the number of occupants that will be living in the apartment. Remember that familial status is a protected class.

By Jo-Anne Oliveri, ireviloution intelligence, Brisbane, Australia

I’m sure you are beginning to understand the vital importance of an operational due diligence being conducted prior to your offer to purchase a rent roll becoming unconditional. Once that contract is unconditional you are bound to proceed with the purchase regardless of how inferior the business is that you are purchasing. Yes, I understand that in most purchases there is a retention period, usually three months (again, this is a time period I do not agree with) whereby you have the opportunity to not pay for any managements that you may lose in this period. But, under normal rent roll contracts it’s fairly standard that a percentage of the purchase amount is usually withheld in a solicitor’s trust account and is released when the retention period has expired. Some agents believe this period is their safe guard. Well, I’m here to tell you that you must not be lulled into a false sense of security and, with that said, I feel another article is worthy of this subject.

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

It was just a few months ago when the tenants were in the office signing the one year lease agreement. The leasing agent followed the office procedures and made sure to review the lease terms and obligations prior to asking for binding signatures. Then with the swipe of a pen the property was considered off the market and occupied for the year.

By Jo-Anne Oliveri, ireviloution intelligence, Brisbane, Australia

Sadly, when carrying out due diligences many agents buying a rent roll are not sure what they are looking for. This lack of understanding means most pay a hasty glance over files and computer reports. On the surface they all look fine, but it’s a bit like an iceberg, we need to understand what looms below.

We are all in the industry because we are good sales people. Ultimately, isn't this industry all about our ability to sell? Yes, we promote the best features and benefits of our products and services, but as selling specialists we also need to understand that whilst it looks good on the surface, there may be landmines below. I’m not saying don’t buy rent rolls, just be aware of what it is you are purchasing.

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

In a recent notice received by our legal counsel addressing this very issue, apparently if you own rental property in California the scary answer is yes! The great state of California is widely known as a pro-tenant state when it comes to tenant-landlord related issues. Many cities such as San Francisco and Los Angeles are saddled with pockets of rent controlled areas making investment opportunities less attractive. They also have unfavorable statewide eviction laws that allow deadbeat tenants to continue residing in properties months after defaulting on rental payments.

By Carla Toebe, New Century Realty, Kennewick, WA

They say that abandonment is a landlord’s or property manager's worst nightmare when dealing with a tenant. How do you know it is really abandonment? Sometimes it’s obvious when everything is gone, the place seems perfectly empty, and the tenant's keys are lying on the counter. But what if the place is full of furniture, the food is still in the cupboard, and you can't get a hold of them? They haven't paid their rent, they haven't returned your phone calls, no one has seen them, and you can't get a hold of anyone on the emergency contact form you had them complete when they moved in. Surely this means they must have abandoned the place. So you change the locks, and uh-oh! There they are coming back claiming you have now burglarized their place. Oh no! This can't be, they clearly abandoned the place and you took all the steps you had to take that were required by law.

By Jo-Anne Oliveri, ireviloution intelligence, Brisbane, Australia

Recently, I have been involved in the sale and purchase of a rent roll. I had the rare opportunity of consulting for both the buyer and purchaser. Let me say, this was the smoothest and least stressful rent roll transfer I have ever witnessed!

Now some might say there is a conflict of interest by consulting to both the seller and the purchaser, and yes, I would agree! I definitely had my reservations about consulting and advising to both of them, but I discussed my dilemma with both parties. They both agreed they would retain me as the consultant and adviser through the negotiation, transfer, settlement, transition and retention period. In fact, I even conducted the inspection and overview on the selling rent-roll, and prepared the due diligence report.

By Steven Van Zile, Total Management, New York, NY

Within the past 24 hours, here are the maintenance issues I’ve experienced at the property where I reside: the maintenance person, loyal to this building for 33 years, responds to a clogged toilet by advising us to pour bleach down the toilet. Concurrently, the intercom buzzer is stuck and won’t shut off. And, of course, the elevator renovation that started out as a one week project actually turned into a three week project, providing 6^th floor tenants the opportunity to save money by cancelling their gym memberships.

It’s always seemed simple to me; as residents, we pay rent, maintenance fees, or mortgage payments and the property management staff provide services for the resident. Building and trust owners hire those property managers based on their abilities to keep churn rates low, vacancy at zero, and tenants happy all at or below a budget designed to re-invest in the property. So what happens when we tenants aren’t happy? Well, in today’s age of instant knowledge and access, a lot of renters turn to rating sites like Yelp or apartmentratings.com to spitefully pen scathing reviews in an attempt warn others. These sites might be seen as a threat, but if you’re really good at your job, more transparency can only help you, and reviews will actually help your business grow.

I hear the “Jack of all Trades” job description a lot regarding our on-site teams, that everybody chips in and works to get the job done.  For many, it is almost a badge of honor to be a Jack of all Trades, as it implies that you can handle anything they throw at you.  And in that respect, I totally agree!  But I also believe it is the model of inefficiency.

First of all, I want to be clear that this isn’t a discussion on whether people should step up when the job needs to be done.  For example, if all the leasing consultants are out of the office or otherwise busy, I firmly believe that the community manager has to be ready to take that next prospect on a property tour.  Every person needs to be able to rise to the occasion in order to get the job done.  However, there is a difference between every person doing every job, and every person having a specific job but able to lend a hand when it is needed.

Let’s look at leasing consultants specifically.  A leasing consultant has a wide variety of job functions, from leasing, to customer service, to administrative duties, such as preparing a lease.  Sales, customer service, and administrative work are all very different, and often one personality type is rarely fantastic at all three.  Years ago when I called the community office home, I can say that I was great at customer service and administrative work, but only average at leasing apartments.  But even though I was only average at sales, and my co-leasing consultant was much better than I was, we traded off handling prospects.  This clearly was not the best use of our resources!