"Evan" wrote in message
...
On Feb 1, 9:14 am, "Robert Green" wrote:
We've been thinking of renting our current home rather than selling in
this
down market while we rent in some of the places we're thinking of retiring
to. Unfortunately, movies like "Pacific Heights" where a bad tenant who
knows all the tricks of staying in a place without paying rent, haunt us.

Yesterday I saw a 'People's Court' episode where a deadbeat had managed to
stay, rent-free, in a Section 8 rental for three years by using a loophole
that says a tenant can't be evicted from Section 8 housing if there are
code
violations. Every time he was about to get evicted, he just broke
something
to forestall the eviction process, eventually plugging all the sinks with
rags and flooding the place.

How can you drive a bad tenant out from a rental in such situations? How
do
you prevent them from completely trashing the place on their way out? I
know that tenants should be checked out thoroughly beforehand, but even
so,
people can have no record of evil behavior but still turn evil. While I'd
probably NOT rent to any Section 8 tenants, I could easily see someone
losing their job or some other such tragedy and so decide they wanted to
live in my house rent-free for as long as they could get away with it.

I'll entertain all solutions, even extra-legal ones (as long as I can
implement them without getting caught!).

--
Bobby G.


Robert:

Here is a question that you will probably not be able to answer:

What jurisdiction was that case you saw on People's Court from?

Actually, they always mention the location because, as you note, the laws
concerning rentals vary wildly from state to state and city to city. This,
IIRC, was in NJ.

Different laws apply in different states -- People's Court takes cases
from ALL over the place...

Agreed.

Now to address your specific concerns within the law: Nothing REQUIRES you
to accept Section 8 housing vouchers, if it concerns you so much don't
accept that as a form of rental payment and then the situation you saw on
that TV show won't apply to you...

Are you sure about that? I thought you could get charged with housing
discrimination if you refuse a Section 8 rental.

You should have your home thoroughly inspected by the local AHJ
for any violations prior to ever even inviting potential tenants over
to view the place...

An excellent idea. This last case was decided in favor of the landlord
BECAUSE the Section 8 law requires a pre-rental inspection by their
inspectors. Those records indicated the windows were not broken and the rug
was brand new and contradicted the lying tenant's assertions otherwise. An
independent 3rd party inspection carried great weight with the judge. I
assume it does with most judges/arbitrators.

Address any deficiencies listed on the inspector's report... Then
have a re-inspection done where you are given a clean bill of
health which you would keep on file in the event of any future
disputes... (it isn't a bad idea to have the rental unit reinspected
by the AHJ between every new tenancy...)

I've always relied on pictures and video to prove the condition of things I
rented or borrowed. It seems like your method is a much greater guarantee
of "acceptance" by a judge in landlord/tenant court. Good idea!

Then you will document EVERYTHING about the house by taking
pictures with a camera that uses film... Make sure that the camera
prints the date in the exposure... These pictures will be used if
there is a dispute between you and your first tenant about the
condition of things at a later date... (You will need to do this
before every new tenancy and be sure to keep the pictures and negatives
in case you need to use them later on in a dispute...)

I've always done this - with expensive rental tools, when I rented a POD
storage unit (now outlawed by the local government!), etc. Cuts down on the
"he said/she said" sort of disputes. On the People's Court case that
started this ball rolling, the tenant had a few worthless pictures, but it
was clear she had also adjusted the date between shots, documenting things
that couldn't have happened on those dates. The judge managed to catch it,
though. I wonder how many other judges would have.

Periodic inspections during the tenancy will alert you to damages
being done by the tenant which can either be addressed at once
if a code compliance issue, or you could confront the tenant at
the end of one lease year about the damages... At any rate,
never extend a lease from one year to the next without bringing
in an independent inspection firm to go through a house you
are renting and getting a report from them on the condition of
the home... Effect any repairs that are necessities -- again
have it reinspected so that you have a piece of paper created
by a 3rd party which states your home is in good condition...

I think that's excellent advice, Evan. Thanks.

Now damages done to your property by people who checked
out through your background and credit check process can be
addressed by having a thoroughly and well thought out lease
contract which is reviewed by a licensed lawyer in your state
prior to ever putting a tenant's name on it... Then it is a very
good idea to have the lease signed in the presence of a notary
public rather than having "witnesses" sign... A notary records
the identification information in their log book of every person
whose signature they officiate -- that is a non-interested 3rd
party record which could be subpoenaed in the event of a
later dispute...

It's amazing the number of low-lifes who claim "I never signed that!"
Another good idea.

The terms of your lease should describe the premises being
rented, the amenities offered, the responsibilities of the
tenants and any rules they must follow (this should include
complying with the minimum cleanliness standards that
your local health department requires as well as not storing
extra disabled cars on your property, etc...) and the process
which must be followed by the tenant to report some sort
of malfunction or failure of some aspect of the rental unit
which would impact its habitability...

Yes, finding the best lease might take a while. It's also why I might be
tempted to go with a management company for the first year.

You must learn and follow the eviction procedures for your
jurisdiction... Having the lawyer who consults on the
legality and specific verbiage of your lease contract can
instruct you on that process... It begins with an official
demand letter which is served upon your tenant by a
constable who will certify that it was delivered and return
a sworn statement to that effect stating that the tenant
is x-number of days delinquent in payment of rent... It
is important to initiate this action no later than 15 days
after non-payment of rent and to keep sending new
notices for every month the tenant is in non-payment
since after you have your tenant served with a "notice
to quit" (the precursor to an eviction process) it can
take three to six months depending on how busy your
local housing courts are to file an eviction proceeding
against your tenant and obtain a judgment against them
which can be enforced by the constable/sheriff who can
physically remove the tenant and the tenant's possessions
from your property after the court grants an eviction...

Gack. The six months part I definitely DO NOT LIKE. I'll have to check in
with the local housing folks to see how long it takes to get an average
eviction and if they have any words of wisdom for me about protecting my
rights.

All of this sort of stuff costs money, but you need to
protect yourself and your property... Cases in civil court
are won or lost by evidence (documentation) and the better
your evidence (from disinterested 3rd parties) the more
persuasive it can be... DO NOT EVER RELY on your word
against the tenants -- that hardly ever works out in totality
for one side or the other...

I did computer support for a big DC law firm for 10 years and my dad did
forensic investigation work, If there's anything I know, it's how to make a
civil case. Everything you've suggested is right on the mark!

If you feel you do not possess the skills to be a landlord,
find a property management company who will act in
your place on this issue and grant them a power of attorney
to act on your behalf (especially if you are going to be
moving far enough away so that you can not report to
the property in a period of a few hours to approve expensive
emergency repairs and then inspect them as they are
being completed or just after they were completed) as
many things must be done and that 3rd party (property
manager) needs to be able to enter into contracts and
order services on your behalf in order to properly operate
your rental unit...

I have a very good and knowledgeable neighbor I can depend on for doing some
of that. Fortunately, with electronic cameras and the net, you can get a
detailed report from half a world away within minutes. There's certainly a
lot to think about before becoming a landlord.

It all boils down to CYA and knowing what your legal
responsibilities are as a landlord under the law in your
area... If you are not sure as to either of those things
don't rent any property until you have learned what you
need to do... Otherwise it will bite you on your ass later
on HARD and you could be out a lot of money or end up
with a useless damaged rental unit which requires very
expensive repairs in order to be in a rentable condition...

Something I profoundly wish to avoid!

Thanks for all your input on this subject. It has been very educational.

--
Bobby G.