HELP MY TENANTS WON’T MOVE OUT!

They Won’t Move Out!

By Robert L. Cain, Copyright 2012 Cain Publications, Inc.

We have had problems with my tenants refusal/difficulty vacating the rental unit after the lease term has expired. We have told them well in advance that we will not be renewing the lease, but they still will not leave at the designated time. HELP! What do I do to get them out? At this point, isn’t this considered trespassing? How do I get them out? Am I able to lock them out of the dwelling? Thank you for your advice on this matter. Jane, Chicago, Ill.

Every once in a while landlords have to deal with people who seem to be unable to rent the U-Haul and get their stuff somewhere beside their ex-landlord’s property.  Usually those who are not wanted have the good sense and grace to move out.  Apparently these folks have neither good sense nor grace.  You are in a position to make their renting from another landlord extremely difficult by making sure you provide an accurate reference when a prospective landlord calls you for a reference. This offense ranks right up there with a midnight move out.

In the meantime, however, to protect yourself from the court system that consistently comes down on the side of tenants, you need to take some specific steps. It doesn’t matter if the tenants are good, bad or somewhere in the middle; courts in many places go out of their way to protect tenants from those “evil, greedy, uncaring landlords.”

Certainly those tenants are trespassing, but you would have no luck with the police having them removed since police don’t want to get involved in a “civil matter.”  That is in spite of the fact that these people are in the property stealing the rental because you can’t rent it while they are occupying it. Besides, the police officers would have to write long reports about what happened, something that, trust me, they hate to do.

You will have to file an eviction against these holdover tenants. One step that might persuade these squatters to move immediately is that you inform them that you are going to file the eviction at the courthouse the next day if they have not vacated.  This is a slam-dunk eviction since they had been notified, presumably in writing, that they were to vacate at the end of the lease.  Big warning! If you did not notify them in writing, you will have to begin the process all over again. Otherwise, the judge would throw the case out of court since you have no proof that you told them you were terminating their tenancy. Check the procedure for starting the procedure in writing below.

Do not, under any circumstances, ever, under any circumstances, even think about locking them out until you have the judge’s order in hand evicting them and a deputy sheriff or constable to serve the papers.  Locking them out is called constructive eviction and is illegal in every state.  Likewise, don’t take the front door off, turn off the heat or electricity.  Anything you would do to make living in the property difficult or impossible is considered constructive eviction and would result in your tenants getting to live rent free for several months because of the judge’s ruling.

If your “notice” that you would not be renewing their lease and they were going to have to move was oral, it is not valid.  Here’s what you have to do.

Send a notice in writing, according to the laws specific to Chicago, where your property is.  Laws are different in every state and in some cities, so do not under any circumstances use a form you find at the office supply store.  Those forms are generic and dangerous, and probably comply with few state laws or city ordinances and almost certainly not the ones where your property is.  Get a form from your local apartment or rental owners association, or from an experienced real estate attorney. If you use the wrong form, your tenants could end up staying rent-free for three months.

Make sure you give adequate notice, whatever that is in your area.  Most state laws are for 30 days, but check to make sure.  Also, make sure the procedure for serving the notice.  Can you mail it Certified Mail?  Can you send it First Class Mail?  Must it be hand delivered?  Must it be served by a process server?  If you don’t do it right, once again your tenants get to live rent-free for a couple or three months.

Finally, do not accept any rent from these tenants during this debacle.  If you accept rent from them, you have confirmed their tenancy and must begin the procedure all over again.

These tenants will get out soon as long as you do everything exactly correctly. As I said before, the courts are there to protect tenants, not landlords.  With each step you take to get rid of these undesirables, keep that in mind.  Your final payback will be when you get a call from another landlord asking for a reference.

“Robert Cain is a nationally-recognized speaker and writer on property management and real estate issues. For a free sample copy of the Rental Property Reporter call 800-654-5456 or visit the web site.www.rentalprop.com.”

Should an Eviction Always Disqualify an Applicant?

Angry tenants? Here’s a guide to solution!

There is simply no way to control all of the variables that go into renting a property to a tenant. Neighbors, mechanical malfunctions, the weather, personality quirks — all may add an element of surprise to the renting experience, and sometimes that surprise can cause tempers to flare.

Occasionally dealing with an angry resident is part of a landlord or property manager’s job description. How the situation is handled, however, makes all the difference in the success of a rental business.

Sympathize with tenant expectations

The rental industry is unique in that it provides and manages homes for people. Landlords and property managers work in a personal realm that hits at the core of where clients live—literally, of course, and figuratively, as well. Remember that it is reasonable for residents to expect things to work in their homes, for other tenants to be respectful, and for their parking space to be free when they arrive home from a long day at work. When faced with an angry tenant, consider these truths and proceed as a diplomat. And don’t forget to apologize for the inconvenience, even if you aren’t yet sure about the details.

Make customer service king

Ensure that your resident knows you take their complaint seriously. Appearing apathetic is the worst approach a landlord can take with an upset tenant. A flippant response, or one that is condescending or impatient, shows disrespect for your tenant and, ultimately, for your role.

If you have a staff of people who interface with tenants, be sure to coach them on courtesy and problem solving. A good customer service attitude can go an awfully long way toward solving even complex tenant issues, and a good attitude can neutralize smaller ones easily. Bad service, on the other hand, doesn’t just create additional problems, it’s the most likely reason why a resident would choose to move on to another property.

Check yourself

Just as your residents often have other life stress that may add to their frustration with a rental issue, be sure that you don’t let the general stress of your job land on a tenant. Make your work a separate place in your mind, ideally one that will let you get away from personal problems. When you walk through the door or pick up the phone to deal with a client, you need to be “on” and remember who you are dealing with.

Also, be sure not to respond in kind to a tenant who is shouting or threatening. Keep it cool and professional in an attempt to neutralize their anger. Strive to be a calming, rational voice that can cut through their emotion.

Communicate well
The best way to work successfully with an angry resident is to communicate clearly, which involves careful listening, as well. You might discover that what the tenant identifies as the problem is only part of the problem. Good questioning means that you make connections that the tenant may not draw for you. Make problem-solving your main goal — not being right or being in control. And be sure to thoroughly document the details of the tenant’s complaint.

Follow a resolution process

Once you have spoken with the resident about the problem, make realistic assurances for them about the next steps that will be taken. Let them know that you will be handling the problem to the best of your ability. Let the angry resident know that you will locate someone to make the repairs or talk to another tenant, if this is appropriate to the situation. If another person from your staff is the point of tenant contact, instruct them not to make promises they can’t personally deliver on. Follow up as soon as possible with the tenant with either a status update or a check-in to see whether the resolution that occurred was to the tenant’s satisfaction.

Learning to deal with angry tenants is a useful skill for all areas of a landlord’s professional life. Take a deep breath, put on your listening hat, and work hard to solve the problem. If the situation is handled the right way, your resident won’t just be pleased, he or she may continue to rent from you for a long time.

Octoberfest Continues!

This weekend the Elysian located on 13th and Pine in Seattle’s Capitol Hill neighborhood will be hosting a major Beer inspired event this weekend! They’re private brewery located in Georgetown south of Seattle is gearing up to have over 20 different beers to try including 5 versions of a season favorite, Pumpkin Spice! There will be a variety of pumpkin flavored beers as well as one non-alcoholic option. This doesn’t mean bring the kids out, but the Elysian’s installment of Octoberfest is one you definitely don’t want to miss!

Sat. 10/8 from 12-10PM
Sun. 10/9 from 12-6PM

There is a giant pumpkin tap at 4 and 6pm both of the days, it wont last long!

5510 AIRPORT WAY S., Seattle, WA 98108

Tickets are on Presale at at Elysian Pub or Full Throttle Bottles location.

ELYSIAN LINE-UP
Mr. Yuck Sour Pumpkin Ale, Night Owl, Great Pumpkin, Dark o’ the Moon Pumpkin Stout, Hansel and Gretel Ginger Pumpkin Pils, Coche de Medianoche (new!), Kürbitinus, PK-47 Pumpkin Malt Liquor, Headless Horsey (new!), Ursa Orange (new!) Mens Room Original Pumpkin Ale (new!) and Orange Manalishi (new!).

There will also be guest starring brewers such as Silver City, Big Time, Rock Bottom, Ram, Schooner Exact, Fremont, Georgetown, Naked City, Black Raven, Snoqualmie, Elliott Bay, Laurelwood, Anacortes, Rogue, Anderson Valley, Russian River, Allagash, Jolly Pumpkin, Avery, Cambridge, Iron Hill, Howe Sound, St. Arnold, Hollister, Nøgne Ø!

DONT FORGET TO CHECK OUT THE NEWEST COLLABORATION:

Kick Sour Cranberry Pumpkin Ale with New Belgium and Saison of the Witch featuring one of Seattles top rated chefs, Tom Douglass.

See you there!!

By SB

“Echo” Renting

Did you know?

The Echo boomers, also know as Generation Y are the largest single apartment dwellers? Echo boomers stay single longer, and tend to favor smaller, inner city or urban style living.

Value for price is the priority of the Generation Y renter. This differs from the Baby Boomers whose top demand is location. Just like the original saying, “Location, Location, Location.” The Echno Boomer is much more about “Benefit, Benefit, Benefit.” Sure location must be an important factor in choosing your home, but what is the benefit? Close to work? Or stumbling distance from weekend nights out with friends? Marketing your unoccupied rentals may be tricky as there are so many avenues to choose, that’s where we come in, ZeroVacancy.com!

There are so many resources for finding a leasing a new home, and we at ZeroVacancy.com would like to thank you for visiting our site! We offer a wide range of services for landlords and tenants from marketing, touring and leasing to collecting rent, processing maintenance requests and tenant appreciation follow-up! Feel free to contact any of our property concierge staff and let us know how we can help you.

By SB

Haven’t Received your Rent Check?

It is important that you do something. Unfortunately, too many landlords do nothing, hoping and praying the rent will show up soon, but absolutely sure that it won’t. In order to get the rent on time consistently, you have to take action in your own behalf consistently.

What is the Rental ‘Shadow Market?’

By Jennifer from Rentals.com

The rental market is certainly changing as an increasing number of people look for rentals and an increasing number of homes formerly for sale become rental properties. How will the surplus ‘shadow market’ of homes and condos affect traditional apartment rentals, and how can you benefit as a property owner?

What is the shadow market?

Though it sounds nefarious, “shadow market” actually refers to the inventory of unsold condos and houses competing with apartments to be filled by renters. The growing volume of these single-family rentals is cutting into the demand for traditional apartments, some experts say.

Quoting from Census Bureau data, the Web site Calculated Risk states that, since 2004, there are 3.6 million homes built for sale that are being utilized as rental properties. And as homes for sale continue to move slowly and owners look for a way to avoid foreclosure, those numbers will surely grow.

Why do single-family rental homes look attractive?

In some cases, owners of single-family rentals are not driven by profit as much as the desperate need to cover the costs of an unsold property that may have been on the market for months or years. Since rent prices for these homes will be extremely competitive, a family looking to rent will likely get the most square footage for the money by leasing a single-family home. And in many places, there are plenty of these properties to choose between.

As the renting of unsold homes and condos likely will continue to increase as income and overall home ownership levels fluctuate with the economy, it is important, as a rental professional, to be aware of this dynamic to help you cultivate prospects for your properties.

What is the impact on apartment rentals?
Any prediction of the overall impact shadow inventory will have on apartment rentals needs to take into account variables such as geographic location and the demographic mix in any given area. The two property types are not perfect substitutes for everyone. A young professional, for instance, who might like the idea of low rent for the square footage of a single-family dwelling may not be as interested in the other aspects of such a rental, opting instead for the convenience and amenities of apartment living. He may not want to care for a yard, for instance.

The lifestyle preference of the renter, then, could still determine the type of property he’ll choose.  But for those tenants who are open-minded to different rental choices than what they may have originally envisioned, the surplus of shadow inventory and its competitive rents will definitely capture their attention and continue to impact the apartment vacancy rate.

Other factors creating an inventory of apartment units is the doubling up that many families have done to stretch their declining dollars: children moving back in with parents, parents moving in with children, and other combinations of friends and relations sharing housing.

How you can benefit
Consider that exposure on sites like Rentals.com can introduce your properties to a whole new community of qualified renters who are looking to replace the housing they lost in a foreclosure or to move to a larger rental with their newly “doubled-up” family. Those property managers who continue to invest in their properties with proper maintenance and landscaping will reap the rewards of eager renters who can no longer afford or see the advantages in owning that home themselves.

Checking References can SAVE you Money!

The references you get from the applicant are as important as any other information you can get. There are certain references you must have.

First, and most obvious and foremost, is landlord references. Previous landlords will tell you most about what kind of tenant the applicant was. Even though many are hesitant to say anything bad about a tenant for fear of lawsuits, you can still find out an amazing amount of information simply be asking leading questions. Two questions you want to make sure you ask are “Did you know the tenant is moving?” and “Why are they moving?” or “Why did they move?”

Second, employer references can provide information about what kind of person the applicant is. You can also ask questions of the employer you might not be able to ask legally on the application, such as number of children, etc.

Third, personal references are always going to be friends or relatives of the applicant. If they are hesitant about saying something nice about your prospective tenant, you have a definite reason to suspect that the applicant will not be a good tenant. Also, check the addresses and phone numbers of the personal references to see if they are the same as any of those of the landlord references or employer references. Some bad tenants would be stupid enough to do that.

Use the phone book and/or directory assistance to verify that all the names, addresses and phone numbers on the application match — that’s for landlords, personal references, employers, etc. I cannot stress the importance of doing this too much. Professional bad tenants will have their friends pretend they are landlords and employers. If one thing doesn’t match, they’d better have a good explanation. If more than one thing doesn’t match, reject them.

If you want to make sure that you are talking to the real landlord, call the customer service department of a title company or the county tax assessor’s office. Just give them the address of the property, they’ll tell you the name and address of the owner of the property. Then make sure the name you get is the same as that of the landlord reference. In addition, many counties’ tax records are online. You can find out the owner of the tenant’s previous residence by checking there and avoid having to go through voice mail hell with the county.

If the prospective tenant has just sold his house, ask for the name of the real estate agent who sold it for him. If he doesn’t remember, that might make you suspicious. If he sold the property himself, ask for the name and phone number of the buyer.

When you call the real estate agent or buyer, ask about the condition of the property, the sales price, the amount of equity in the property, and anything else you think is pertinent. Ask who the lender on his home was. Call the loan officer, as well.

People who are moving from out of town are high risks (especially if they have no personal references). Find out why they are moving into the area.

You can check to see if their references’ names, addresses and phone numbers match by checking with directory assistance. “I would like the phone number of Jim Johnson who lives at 1234 Elm St. in San Diego, California.” And call all out of town references: the money will be well spent.

Check at the county court house for criminal record and/or eviction record. Or pay $20 (or less) and have a tenant screening service pull a public records report as well as a credit report for you. If they have either a felony conviction or an eviction, it could very well end up costing you big bucks to rent to them.

From the book Profitable Tenant Selection available from Cain Publications, Inc. For more information on this publication, go to Profitable Tenant Selection

Changes in and around Kirkland!

Important Information about Address Changes, Updates to
Drivers’ Licenses, Vehicle Registrations and Passports, and
Voter Registrations

Dear New Neighbor,
In response to inquiries about address changes, updates to drivers’ licenses, vehicle registrations and passports and voter registrations, we hope you find the following information helpful.

Address Changes
There are more than 12,700 addresses in the annexation area of Finn Hill, North Juanita and Kingsgate. About 2,700 of them were addressed as Bothell, WA 98011 and were changed on July 1, 2011 by the Postal Service to Kirkland, WA 98034.

For those former Bothell addressees, you should have received a notice around June 1 from the U.S. Postal Service about the change to your City and Zip Code. The USPS requests that you do not submit a Change of Address with the Post Office. However you will need to submit address changes to companies that send you invoices, statements, legal documents, etc. Although most of your mail will be forwarded by the Postal Service (up to one year), you should let your friends, family and other personal contacts know about the change to City and Zip Code. Any costs associated with making address changes is an individual responsibility.

If your mortgage company or bank is requiring proof of your address change, please contact Mr. OnFat Choi, USPS Address Management Division, Acting Manager at 206-442-6295 or onfat.choi@usps.gov.

You mail is now being processed by the Kirkland Post Office, 721 4th Avenue, Kirkland, WA 98033. For mail service questions, visit www.usps.com or contact Kathy Dela Cruz, Kirkland Postmaster at 425-739-6727 or kathy.t.delacruz@usps.gov.

Driver’s License
Many questions have been received about whether residents with former Bothell addressees have to update their driver’s license. The answer is yes. State law requires that you update your address with the Washington State Department of Licensing (DOL) within 10 days of the change of address (which would have been July 10, 2011).

You have two ways to update your address on your driver’s license with DOL:

1. Download the Change of Address Form online and mail it in
· Get the form online and mail it to any DOL licensing office.
· There is no fee to obtain or submit the form.
· You will not receive a new license.
· Using permanent ink, you can write your correct address on the back of your license.
· When you renew or need to replace your license, it will be issued with the correct address.

2. If you want a new license, visit a licensing office in person
· Click here to find a license office.
· You will receive an updated license; therefore you’ll need to pay a $10 fee.

Washington State Department of Licensing
WEB: www.dol.wa.gov
PHONE: 360-902-3900
EMAIL: drivers@dol.wa.gov

Vehicle Registration
For those affected by the address change, you’ll also need to update your Vehicle Registration. Changing your address on one vehicle doesn’t automatically change it on your other vehicles, driver license, or boat.

You have two ways to update your vehicle registration:

1. Submit your change online

2. Visit a licensing office in person
· Click here to find a license office

Washington State Department of Licensing
WEB: www.dol.wa.gov
PHONE: 360-902-3770
EMAIL: titles@dol.wa.gov

Passport
Passports are issued by the U.S. Department of State. Passports do not contain addresses and therefore do not need to be updated for that purpose. Should you have a passport, you can make the address change at the time of renewal.

If you need to get a passport, the City of Kirkland is an authorized Passport Acceptance Facility. Passport acceptance hours at Kirkland City Hall are Wednesday and Thursday, 10 a.m. to 3:30 p.m. and Friday, 8 a.m. to 1 p.m. and 2 p.m. to 4:30 p.m.

Voter Registration
The King County Elections Office says former Bothell addressees will automatically receive an updated voter registration card in the mail by the end of July 2011.
If you’re not currently registered, you can register to vote online by visiting the Secretary of State’s web site. You can obtain the voter registration form online from King County Elections (various languages available), from the Elections Office (Seattle), and public libraries and schools.

To be eligible to vote, you must be registered to vote at least 29 days in advance of an election. If registering by mail, your application must be postmarked by the 29-day cutoff or it will not become effective until after the election. Visit the King County Elections website for registration deadlines.

As a voter, the residential address you provide determines the issues and candidates that you can vote on. However, you can receive your elections mail at any valid mailing location you choose: a post office box, personal mailbox, college mailbox, or a military or out of state/country address. All elections-related materials, including your ballot, will be sent to the mailing address you provide.

King County Elections Office
WEB: www.kingcounty.gov/elections
PHONE: 206-296-8683
EMAIL: elections@kingcounty.gov

How to Deal with an Unapproved Pet in your Rental Before it Happens

We allow pets, but they are always subject to approval by the owner and tenants are required to pay a deposit. I have frequently found that tenants will either lie about having a pet when filling out their application, or conveniently forget to mention when they get a pet during their tenancy. To avoid this problem, I have all tenants fill out a pet agreement clause when signing their lease. The pet agreement states all the rules about pets, but also includes a clause regarding the proper protocol when a tenant plans to get a pet after signing the lease. It is stated that all animals are subject to approval before living on the property and they must pay a deposit. It is also stated that any violation of the lease agreement is cause for eviction. This way, tenants know up front what the rules are about pets and what the requirements are when obtaining a pet. This makes them less likely to feel comfortable lying about having pets. Then, every 3-6 months, I send a letter to all the tenants stating that any tenants in violation of the lease agreement regarding the issue of pets need to report their pet and pay the deposit or they will be considered for eviction. Every time I have sent this letter, I have had at least a couple tenants call immediately to pay the deposit and receive approval for their pet. Having a pet deposit is extremely important for protecting your investment. Also, knowing what animals are residing on your property is important for liability purposes.

–Rachel Dillingham