What are some good examples of bad leasing policies?

Good Examples of Bad Leasing PoliciesThe American Apartment Owners Association posted an article on their blog that brings up a very relevant point in regards to leasing policies: bad policies can lead to bad tenants.  We, as landlords, must set the standard from the beginning when engaging resident-prospects.  If we are lazy with our reference checks, credit checks, rental history checks and eviction checks – we just might find that our new tenant becomes lazy with his/her rent check….  Experience dictates that it is much more cost effective to thoroughly screen a prospect up front than it is to have to evict at the end.

What policy does your property management company maintain to insure that it sets itself up to find the best renters possible? -Trevor

Leasing Policies That Attract Bad Tenants

By the AAOA

If  you’ve had to file an eviction, or find that you have more than your fair share of problems with tenants, it may be because you are sending the wrong message.

Your leasing policies can set the stage for problems.  Take a moment and get inside a tenant’s head. What would you do if you’ve burned your previous landlord, but you need a new place to rent?  Chances are, you will look for a new landlord who appears laid-back, like a part-timer who doesn’t have much experience.  How do you spot such a target? It is easier than you think.

Rental ads don’t just highlight a property–they tell a lot about the landlord.

If you want to dissuade bad tenants from applying for your vacancy, then make certain that your rental ads look professional.  With today’s technology, it is easy to create a crisp, clear ad.  Include the price, the size, a floor plan, and flattering photos or a video tour.  The tone of the ad should convey that you are proud of this property. Throw in some rental rules and let the prospect know you will be screening.  The very appearance of the ad can be enough to scare off bad candidates.

Do not negotiate with an applicant on terms of the lease before they have seen the place and you have determined that they qualify. Nothing says “pushover” like your willingness to break your own rules before the applicant has done any work.  You must appear confident in your terms at this stage.

Review your rental application and make sure you are asking for a lot of information. While it may take a prospect a long time to fill it out, that’s actually a good thing. They will take you more seriously, and only interested candidates will apply. On the other hand, it only takes a few minutes to read the application, so the more information the better.

Do not consider an applicant who has not filled out every portion of the rental application and signed the bottom. If multiple occupants will be moving in, have each adult complete a rental application and sign it. If any portion of the application is illegible, make the applicant clarify.

Check the references from the application before you offer the applicant a lease. Too often, landlords wait until there is a problem before contacting the previous landlord to swap stories about how they both got burned.

Make sure your lease form is ironclad before you provide it to the tenant, and that you understand the meaning of each provision in case the applicant tries to negotiate with you.  At this stage, there may be room for some minor negotiations.  Expect it, and be clear on your bottom line.

The tenant must sign the lease for it to be effective. Provide them with a copy, or an easily accessible list of rules so that they can stay on track.

Don’t just drop out of sight after the tenant moves in.  You should be inspecting the property from time to time, after providing the appropriate notice.  Find other ways to keep in touch, like an email newsletter.

New Home Owners Association Law in CA for 2012 – SB 150

California Law SB 150 - HOAI have received a considerable feedback from Property Management 2.0’s readers requesting more information on the new SB 150 Home Owners Association (HOA) law in California that came into effect Janaury 1st, 2012.  To help answer questions in regards to this new CA law, I have included an excerpt from community association attorneys, Swedelson & Gottlieb’s that may help explain this new law:

 

“Following are two pertinent points about the application of SB 150 to California common interest developments:

1. This new legislation does not apply to all rental restrictions. For example, it does not apply to a rental restriction that prohibits an owner from leasing his/her unit/lot for a term less than one year, that the lease be in writing, or a restriction requiring that the lease contain language that the tenant agrees to abide by the association’s governing documents. The bill does apply to restrictions recorded on or after January 1, 2012 that prohibit leasing of a unit or lot, such as a restriction that sets a cap on the number or percentage of units that may be leased at any one time, or a restriction requiring a waiting period after purchase before an owner may rent his/her unit or lot.

2. The bill does not nullify all limits on leasing that are recorded on or after January 1, 2012. For example, if an association records an amendment to its CC&Rs establishing a 25% limit on leased units/lots on or after January 1, 2012, only new owners that purchase their properties after the effective date of that amendment would be subject to the 25% limit; existing owners would not be subject to the restriction. [This example would likely create a tracking burden for an association, as theoretically all existing owners could lease their units, but only new owners would be subject to the rental cap.]

If an association’s board of directors is considering proposing a rental restriction that affects the ability of owners to lease their units, the board should present that proposal for vote and record the corresponding CC&R amendment (assuming it is approved by the owners, and, if applicable, mortgagees) no later than December 31, 2011 to have a rental cap restriction that will be enforceable against all owners.”

Full Article

For a full analysis of the SB 150 Bill by the California State Government: leginfo.ca.gov…

DISCLAIMER: This post is for informational purposes only.  I am certainly not an attorney – please seek professional legal advice before taking any action. -Trevor

This past year was very strong for the apartment industry here in California as well as for most other parts of the U.S.   Our company’s portfolio of apartments, HOA’s and single-family-homes saw an increase in average rent; increase in occupancy levels; and a fair amount of new acquisitions.  Will 2012 continue to lead owners, investors and property managers in this positive growth direction?  Jay Parsons and Greg Willet of Property Management Insider most certainly agree that this year will be another successful year for the apartment industry.

In their video edition of Apartment Market Dynamics, Mr. Parsons and Mr. Willet discuss a set of forecasts that should make most of us in #multifamily smile:

In regards to national apartment occupancy levels:

  • Growth of up to half a percentage point
  • Look for growth in Class B and Class C properties
  • Top end market essentially full

National rent growth of 4 – 4.5%

What are your predictions for 2012?  Is multifamily entering into another prosperous year?  Happy new year to you all,   _Trevor

New 2012 Laws for Landlords and Property Managers

New Landlord Laws for 2012With every New Year comes a new set of laws and regulations for landlords and property managers.  Below is a short list of what we consider to be some of the most important statutes that will affect the multifamily industry in few short weeks.  Thank you our friends at Kimball, Tirey & St. John for creating and publishing this for the benefit of us all.  The original document can be found here.  Have a prosperous 2012! -Trevor

Legal News for 2012

By J. Kathleen Belville, Esq.

CALIFORNIA LAW

Signs: Beginning in January 2012, residents may post political signs of up to 6 square feet in the window or on the door of a multifamily unit and in some other outside areas on single-family properties. Landlords can set time restrictions, requiring that the signs not be displayed earlier than 90 days before, or later than 15 days after, a vote to which the sign refers.

Recycling: Starting in July 2012, landlords of properties with 5 or more units must provide recycling services and require participation by residents. This will not apply if the property is not served by recycling companies, there is no space for containers on-site or the program would constitute a financial hardship on the landlord. (Several cities have passed recycling legislation which could further affect a landlord’s duties).

Smoking: Effective January 1, 2012, California law provides that a landlord has the right, but not the duty, to establish smoking restrictions in all or part of a residential property. This right applies to leases “entered into” on or after the effective date of the law. Any new smoking restrictions applied to lease renewals, or month-to-month agreements entered into prior to January 1st must be made in compliance with state law. (Numerous cities have passed legislation requiring that landlords establish smoking restrictions. Landlords should make sure they are aware of, and are complying with, any local restrictions).

Carbon monoxide detectors: Single-family properties with fossil fuel burning appliances, heaters, fireplaces or with an attached garage must now be equipped with a carbon monoxide detector. Multi-family properties will be required to have detectors by January 1, 2013.

Water conservation: For properties built before January 1, 1994, single family residences must contain water-conserving fixtures by 2017 and multi-family residences must contain such fixtures by 2019.

HOA restrictions on rentals: As of January 1, 2012, there will be more restrictions on a homeowner association’s attempts to restrict owners from renting their units.

FEDERAL LAWS AND REGULATIONS

Labor relations signs: Effective January 31, 2012, most employers must post an “11X17” sign outlining employee rights unless such posting is not physically feasible, in which case the employee should be provided a hard copy of the notice. If a hard copy is provided, the employee should sign an acknowledgment of receipt. If employers post policies on-line, a link to the notice should be included. See www.nlrb.gov/poster for more information.

Red flags: Creditors are required to establish and apply written policies and procedures for 1) identifying “red flags” which could lead to identity theft and 2) protecting against such fraudulent practices. Pursuant to a 2010 amendment, landlords are included in the definition of creditors for the purposes of the application of this law.

DISCLAIMER:  I am not a lawyer nor do I claim to be one.  This blog post is for general information only and legal council should be sought before any action is taken. -Trevor

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Property Management IndustryThe article below was just published on Bloomberg.com and I thought I would pass it along.  Bloomberg offers a very interesting insight into the transformation that the property management industry is experiencing as home ownership continues to stagnate and rental prices rise.  A word of caution, however, to landlords who are looking to hire a new property management company: be sure to ask for a solid list of client references before engaging with a manager.  As the article notes below, property management is “a low barrier to entry business” and an Owner must make sure that the firm has a reputable track record.  -Trevor

Once ‘Ugly’ Property Management Grows

By Hui-yong Yu – Nov 29, 2011

Meg McKennon’s workload has surged since the Seattle real estate agent switched to managing residential properties. Now she gets paid for finding tenants instead of buyers — an easier task as rentals soar.

“In the past two months, my business probably came close to tripling,” said McKennon, who started management company Dwellings Seattle Real Estate in 2010 after selling houses for 15 years.

When a couple moved out of a two-bedroom house managed by McKennon in August, before the lease was up, she increased the monthly rent by $200 to $1,900 — and still had her pick of applicants. “I could have rented it 10 times over,” she said.

Just as the U.S. housing boom gave birth to such homebuyer websites as Zillow Inc. and Redfin Corp., services for rental properties are thriving following a surge in foreclosures and stiffening of mortgage standards. Membership in the National Association of Residential Property Managers has almost doubled in five years to a record 3,400 members, according to the Chesapeake, Virginia-based trade group.

“We are riding this sea change in how housing is changing in the U.S.,” said Reggie Brown, chief executive officer of All Property Management LLC, a Seattle-based Web service that sells property managers leads on homeowners who want to lease out their properties. “The only growth is rentals.”

Renter household formation surpassed new owner-occupied homes in 2007 for the first time since 1985 and has held the lead since, according to U.S. Census Bureau data. An average of 718,500 renter households a year were formed from 2007 to 2010, while owner-occupied households decreased at an average annual rate of 147,250 during the same period.

Even Seattle-based Zillow, known for its Zestimate home- price estimates, added rental listings almost two years ago.

‘Dramatic Shift’

“There has been a dramatic shift toward renting,” Chris Herbert, research director of Harvard University’s Joint Center for Housing Studies, said in a telephone interview.

Property managers for rentals handle such tasks as screening tenants, helping landlords set rents, resolving disputes and ensuring lawns get mowed. They charge homeowners about 8 percent to 14 percent of the monthly rent, depending on the manager and city.

“It used to be no one did property management,” said Alan Townsend, a San Diego real estate agent who has managed homes for the past 16 years. “It was the ugly part of the business.”

Lower Pay

While one home sale can earn a real estate agent $10,000 for two months’ work, property managers may make $1,800 per property per year, Townsend said.

“Real estate agents think we’re crazy — except when they have no income,” he said. “Those agents are now flooding into the market.”

Property managers face a challenge in proving they are a benefit to homeowners, said Rob LeRoy, marketing director for Dwellings Seattle Real Estate.

“They are known to cut corners, have poor customer service and tend to create hostile relationships with tenants — at least, that’s a common perception in the eyes of the public,” he said. “We’ve certainly done our best to prove that property management companies can behave ethically and professionally, yet still be profitable.”

More competition has driven down the average fee for property managers to about 8 percent of one month’s rent from 10 percent in the San Diego area, Townsend said.

Rentals Gain

At a time when many Americans are wary of buying a home or can’t qualify for a mortgage, rentals are gaining in cities that have relatively robust job growth, such as Seattle, or pools of transient workers, including Washington, Los Angeles and Las Vegas.

In the greater Washington, D.C., area, about 70 percent of Reliance Property Management Group LLC’s 100-plus clients are homeowners who were transferred out of the area by their employers, said Angela Gammon, co-owner of the Leesburg, Virginia-based company.

“We’re in a very transitional area with government contractors — military and so forth,” said Gammon, who used All Property Management to find clients when she got into the business in 2004.

U.S. apartment vacancies fell to a five-year low in the third quarter, enabling landlords to increase rents to an average effective rate of $1,004 a month from $997 in the second quarter and $981 a year earlier, according to Reis Inc., a New York-based real estate research company.

Attracting New Clients

“When rents go up, that gives people enough cash flow to hire professional management,” said Diane Castanes, a partner at Phillips Real Estate Services in Seattle, which manages about 140 apartment complexes as well as a portfolio of single-family homes and condominium associations. “Now with the rental market so strong, we are bringing in an increasing number of single- family investors as new clients.”

Handling the rental — and re-rental — of a home is often too much trouble for an owner, said Jay Young, co-founder of Real Property Associates, a management company in Seattle.

“There are a lot of hairy things,” he said. “You can have the best-screened tenant and who knows? Maybe they lose their job, or go nuts and skip out, or bring a dog when the owner doesn’t want that. I’d say 95 percent of the time things go smoothly, but there’s always that 5 percent that takes 20 or 30 percent of your time.”

Competition for clients has intensified to the point where many property managers are advertising their websites directly on search engines rather than paying to list on a site such as All Property Management’s, Brown said.

Here to Stay

Still, such services as All Property Management and RentList.com probably are here to stay as property management becomes more popular, said Michael E. Nelson, president of Excalibur Home Management LLC in the Atlanta suburb of Cumming. Nelson has used both services to find clients for Excalibur, which manages about 1,250 properties and is expanding throughout Georgia.

Nelson said he expects more rental properties to shift to professional management as regulations governing landlords become more complex. A 2008 rule, for example, requires renovations or repairs affecting lead-based paint in homes built before 1978 to be carried out by a contractor certified by the Environmental Protection Agency, he said.

Managed by Owners

It’s difficult to find precise figures for the percentage of U.S. rental housing that’s professionally managed. The Census Bureau surveyed rental-property owners and managers in 1995 and is working on a new rental survey that will be released toward the end of next year, said Richard A. Levy, a statistician at the agency.

Of about 8.8 million single-family rental homes in the U.S., including detached houses, condominiums and mobile homes, about 19 percent were professionally managed and about 78 percent managed by owners, with non-responses accounting for the remainder, according to the Census Bureau’s Property Owners and Managers Survey in 1995.

“I believe over the next 20 years that’s going to start shifting closer to 50-50,” Nelson said. “As the law becomes more difficult for individual landlords to navigate, they’re going to need to hire a professional property manager.”

It’s hard to make money overseeing single-family homes, said Tim Overland, chief operating officer of both Security Properties, a Seattle-based apartment developer and investor, and its management affiliate, Madrona Ridge Residential, which handles about 3,000 apartment units.

“It’s a very low margin business and a low barrier to entry business,” he said. “In order to make that business financially feasible, you’ve got to have quite a few units under management.”

Housing Crisis

Property management may have a role to play in fixing the housing crisis, said Brown of All Property Management.

In August, the Federal Housing Finance Agency, regulator of mortgage financiers Fannie Mae and Freddie Mac, sought ideas on handling foreclosed homes held by the government, which totaled 248,000 as of June — almost one-third of the total U.S. foreclosed homes seized by lenders. Brown filed a suggestion with the FHFA that the homes be put up for rent with property managers hired to oversee them.

“If institutions were more thoughtful about how they manage their real estate portfolios, the market would recover faster,” Brown said. “We can be a clearinghouse to help them find skilled property managers.”

Housing probably won’t recover until 2015 as consumers and banks reduce their debt loads and the employment market recovers slowly, Brown said.

“What’s going to change is the percentage of U.S. households that are rental versus owner-occupied,” he said. “It’s now almost 40 percent, but that number is definitely going to grow.”

To contact the reporter on this story: Hui-yong Yu in Seattle at hyu@bloomberg.net

To contact the editor responsible for this story: Kara Wetzel at kwetzel@bloomberg.net