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Landlord Advice – Criminal Activity – Accurate Credit Bureau

What Liability Does a Landlord Have for Criminal Acts of His or Her Tenants?

In addition to being liable for the criminal acts of strangers/non-tenants, a landlord usually has a duty to protect the neighborhood of the rental property from the criminal acts of his/her tenants. Most often, landlords are held responsible for tenants dealing drugs on the property.

What Kinds of Penalties Do Landlords Face for Tenants Dealing Drugs?

If one of your tenants is dealing on the rental property, you as the landlord or rental property owner can face a variety of legal punishments. Criminal punishments usually require that you have knowledge of the drug dealing or other illegal activities. For example:

  • You could face fines for allowing the illegal activity to continue to occur
  • You could face criminal penalties for knowingly allowing the illegal activity to occur
  • The rental property can be confiscated by the government, but this is only in extreme cases
  • In addition to criminal penalties, there can be other negative consequences for landlords. These can include:
    • Rental property value can drop, thus making it hard to find and keep tenants
    • If a tenant or anyone else in the neighborhood is injured or annoyed by the drug dealing, you could be sued on the grounds that the rental property constitutes a public nuisance that threatens public safety and morals.

What Can I Do to Prevent Being Held Responsible for the Criminal Acts Committed by My Tenants?

The best step you can take to reduce the likelihood of being held responsible for the criminal acts of your tenants is to perform a thorough screening of all applicants when renting out a property. Here are a few other tips:

  • Don’t accept cash payments for rent
  • Keep an eye out for any suspicious activity on the property (e.g., heavy traffic going into and out of the building)
  • Have provisions in the lease referring to drug dealing and other criminal activity and make it clear that those crimes will not be tolerated
  • Evict anyone who violates these provisions immediately
  • If you receive any complaints from tenants about drug dealing or other criminal activity, respond immediately – consult the police if you feel it is necessary to do so
  • Consult a security expert and do anything else that is reasonable and legal in order to determine if there is any criminal activity going on

– See more at Accurate Credit Bureau

2016
04/04
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Landlord Nightmare – Accurate Background Checks – Criminal Record Reports – Tenant Eviction Reports – Tenant Credit Reports – Tenant Screening

“I had a tenant pour concrete down the drains. There was no repair possible. It was literally more cost-effective to demolish, salvage what we could and rebuild. It even got into the septic system and we had to settle with the city for damaging their infrastructure. Biggest nightmare ever. We sued the former tenants, but when you’re suing a scumbag, best case scenario, you might get a 1990 Toyota Tercel.

Tenants are pretty decent as a whole, but if you have to evict, it’s worth it to just offer them a couple hundred dollars cash to move out while you’re there and can watch the whole process.”
From one of our clients…

For credit reports, background checks, criminal record reports, eviction reports and tenant screening see Accurate Credit Bureau.

2015
10/06
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Accurate Credit Bureau Tenant Utilities Landlord Tips

What Do I Do if the tenant abuses the utilities that I pay for?

We never recommend having your tenant’s utilities in the landlord’s name. BUT, if the tenant is on an lease that allows you to issue a Notice of Change of Terms or a month to month tenancy, you may have the power to do something about it.
When your tenant abuses utilities that are included in the rent, you should alert the tenant that the utility bills have reached excessive levels and the tenant will be billed the overage amounts or the utilities will be paid by the tenant in the future.
A lot of this should already be addressed in the lease. If it isn’t, you left the door open to problems.

We realize that in many cases we are dealing with multiple family homes with split utilities on single electric meters and shared heating systems and water (that’s why you as the landlord have the utilities in your name – right?)- so in that case it is more complicated.

A more and more popular way to handle the splitting of utilities is set up in the tenant rental lease before the unit is rented.

Monthly Utility Rebate in the form of a discount
This is mostly used in 2 family rentals where the utilities are in the main tenant’s name, whose rent is discounted the amount representing the estimation of the other tenant’s utilities. Of course, the landlord has already inflated the rent on the lease in order to compensate for the discount, but the lease must reflect that the tenant receives a $XXX. monthly discount in order to comply with any shared meter laws (if any), or just to show the main tenant that he is being more than fairly compensated. The secondary tenant has the utilities included in the rent.
This rebate method eliminates the squabbling of tenants that commonly occurs when splitting the monthly utility bills.

Again, if you have a month to month rental agreement, you can change any terms you like with a 30 day Notice of Change of Terms.

Warning!
Never turn off any utilities, such as electric, gas, heating oil, water. This is called “Constructive Eviction” and is highly illegal. Landlords who do this to make the tenant leave sooner often end up being arrested. If you want to make the tenant leave, it must be through the legal process.

2015
04/17
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Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Oklahoma

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: Interest is not required to be paid on the deposit.
  • Separate Security Deposit Bank Account: Security deposit must be kept in an escrow account maintained in the State of Oklahoma with a federally insured financial institution.
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 30 days from the date of termination of tenancy and move-out, and tenant must request in writing within six months of move-out that the deposit be returned or it reverts to the landlord.
  • Permitted Uses of the Deposit:
    • payment of rent owed
    • damages caused by the tenant’s noncompliance with either the rental agreement or rental statutes.
  • Require Written Description/Itemized List of Damages and Charges:Yes, itemized statement of deposit withholdings required to be delivered to the tenant in person or by mail with return receipt requested.
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: Misappropriation of the security deposit is punishable by up to six months in county jail and by a fine of up to twice the amount misappropriated from the escrow account.

Lease, Rent & Fees:

  • Rent Is Due:  As agreed in the lease
  • Rent Increase Notice: No statute, but typically defined in the lease.
  • Rent Grace Period: No statute
  • Late Fees: No statute, but allowed by case law with certain restrictions.
  • Prepaid Rent: No statute
  • Returned Check Fees: No statute defining allowable fees for returned checks, though fines and criminal penalties for check fraud are defined by statute.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): After giving landlord written notice of breach of landlord duties tenant may procure the essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent. See statute for other tenant options.
  • Tenant Allowed to Repair and Deduct Rent: For repairs up the $100, for conditions affecting health, tenant must notify landlord in writing of intention to do the repair at the landlord’ expense after 14 days. If after 14 days landlord has not remedied the situation, or sooner if emergency conditions warrant, tenant may have the repair done and then, after submitting an itemized statement to the landlord, deduct the reasonable amount of the repair from the rent.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes, the prevailing party in any residential rental-related lawsuit is entitled to reasonable attorney fees. Rental agreements, however, may not include any provision for either party to pay the other party’s attorney fees.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30-day written notice
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven-day written notice for any lease that is less than month-to-month
  • Immediate Termination of Tenancy: Yes, if tenant violations of the rental agreement or cause or threaten to cause imminent and irreparable harm to the premises or any person, and which the tenant has not remedied as promptly as conditions require once notified. Landlord may also immediately terminate the lease for drug-related criminal activity, or any other criminal activity that threatens health, safety or peaceful enjoyment of the premises.
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination for Nonpayment: Landlord may terminate the rental agreement if tenant fails to pay rent within five days of landlord having given written demand for payment. Furthermore, notwithstanding the five-day grace period, landlord may begin an action for recovery of the rent at any time if rent is unpaid when due.
  • Termination for Lease Violation: 15-day written notice for tenant noncompliance with either the rental agreement but tenant has 10 days to remedy to avoid termination.
  • Required Notice before Entry: One-day notice
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, with one-day notice and entry allowed only at reasonable times
  • Entry Allowed with Notice for Showings: Yes
  • Emergency Entry Allowed without Notice: Yes
  • Entry Allowed During Tenant’s Extended Absence: Allowed only if tenant has abandoned or surrendered the premises.
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Landlord must disclose to the tenant in writing at or before the start of the tenancy the name and address of the owner of the premises as well as that of any authorized property manager, and of anyone authorized to act on behalf of the owner for receipt of service or notices.
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute.
    • Repairs: Make all repairs and do whatever is necessary to put and keep the tenant’s unit and premises in a fit and habitable condition; and
    • Common Areas: Except for single-family homes, keep all common areas in a clean, safe and sanitary condition; and
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied; and
    • Garbage: Except for one or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles for the removal of garbage and other waste incidental to occupancy and arrange for their frequent removal; and
    • Water and Heat: Except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the unit, supply running water and reasonable amounts of hot water at all times and reasonable heat.
  • Tenant’s Duties:
    • Compliance: Comply with all covenants, rules, regulations.
    • Cleanliness: Keep that part of the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose of all garbage and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a safe and nondestructive manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Not engage in criminal activity that threatens the health, safety, other tenants’ peaceful enjoyment of the premises or is a danger to the premises, and not engage in any drug-related criminal activity on or near the premises either personally or by any member of the tenant’s household or any guest or other person under the tenant’s control;
    • Quiet Enjoyment: Conduct oneself and require others on the premises with tenant consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
  • Retaliation: No statute
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
  • Tenant Options in Case of Fire: If the rental unit is significantly damaged by fire that is not tenant’s fault, tenant may:
    • Immediately vacate and give one-week written notice to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
    • If continued occupancy is possible, vacate the unusable part of the dwelling unit, in which case the tenant’s liability for rent is reduced in proportion to the reduced fair rental value of the unit.
  • Denial or Termination of Tenancy to Blind Person Because of Guide Dog: Landlord cannot deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the person’s guide, signal or service dog unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985.
  • Disclosure of Prior Methamphetamine Manufacture: Prior to the start of a rental agreement, if landlord knows or has reason to know that the unit or any part of the premises was used in the manufacture of methamphetamine, landlord must disclose this information to a prospective tenant. See statute for exception to disclosure requirement.
  • Disclosure of Flooding within Past Five Years: If the rented premises has been flooded within the past five years, the landlord must notify tenants prominently of the fact in the rental agreement. Failure to provide such information shall entitle any tenant to sue the landlord for personal property damages sustained by the tenant from flooding of the premises.
2015
02/03
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Accurate Credit Bureau California Landlord Tenant Law Leases and Applications

California Landlord Tenant Rental Law

For professional California rental leases and rental applications go to http://www.accuratecredit.com/html/freerentalapplications.html

Security Deposit:

Security Deposit Maximum: Two months’ rent for unfurnished dwellings; 3 months’ rent if furnished dwellings. (Civ. Code §§ 1950.5 and 1940.5g)
Security Deposit Interest: No state-wide statute, but 15 (or so) localities have rent control ordinances that require you to pay interest, including Los Angeles. (reference)
Separate Security Deposit Bank Account: No Statute
Pet Deposits and Additional Non-Refundable Fees: Not Allowed (Civ. Code §§ 1950.5m)
Deadline for Returning Security Deposit: 21 days (Civ. Code §§ 1950.5g)
Security Deposit can be Withheld: (handbook)
For unpaid rent;
For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.
Require Written Description/Itemized List of Damages and Charges: Yes. Receipts and documentation not needed to accompany the itemized list of repairs if repairs and cleaning cost less than $126. (Civ. Code §§ 1950.5g 4A)
Record Keeping of Deposit Withholdings: No Statute
Failure to Comply: A bad faith claim or retention by a landlord may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages. (Civ. Code §§ 1950.5(l))
Lease, Rent & Fees:

Rent is Due: Unless there is a contract to the contrary, and the lease is for less than one year, rent is due at the end of the month. Most leases state that rent is due at the beginning of the month. (Civ. Code §§ 1947) and (Civ. Code §§ 1962)
Rent Increase Notice: 30 days if rent increase is less than 10 percent of the lowest amount of rent charged during the last 12 months. 60 days if rent increase is more than 10 percent of the lowest amount of rent charged during the last 12 months. (Civ. Code §§ 827(b)(2-3))
Late Fees: Allowed, but they must be “reasonable” and obey rent control laws, and are only enforceable if specified in the lease. (handbook)
Prepaid Rent: Landlord is allowed to collect one month’s pre-paid rent (first month’s rent) plus two or three months’ security deposit. (handbook)
Returned Check Fees: Equal to the actual bank fee. Or landlord can charge a flat “service” fee which is $25 for the first occurrence, and $35 for each occurrence thereafter. (handbook)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, because the property is under the “implied warranty of habitability.” (handbook)
Tenant Allowed to Repair and Deduct Rent: Yes, but not more than the cost of one month’s rent, and tenant cannot use this remedy more than twice in a 12-month period. (Civ. Code §§ 1942)
Landlord Allowed to Recover Court and Attorney’s Fees: Yes (Civ. Code §§ 789.3d)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (Civ. Code §§ 1951.2)
Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is needed as the lease simply expires. I recommend giving 60 days notice anyway.
Notice to Terminate Any Periodic Lease of a Year or More – If ALL tenants have lived there longer than a year, the landlord is required to give 60 days notice. (handbook)
Notice to Terminate a Periodic Lease – Month-to-Month: Landlord is required to give 30 days notice. Tenant is required to give 30 days notice. (Civ. Code §§ 1946)
Notice to Terminate a Periodic Lease – Week-to-week: Landlord is required to give 30 days notice. Tenant is required to give seven days notice. (handbook)
Notice to Terminate Lease due to Sale of Property: 30 days notice if ALL of the following are true: (Civ. Code §§ 1946.1) (handbook)
The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.
The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given 30-day notice no later than 120 days after opening escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.)
Notice of date/time of Move-Out Inspection: 48 hours (Civ. Code §§ 1950.5(f))
Eviction Notice for Nonpayment: Three days (Civ. Procedure Code §§ 1161(2))
Eviction Notice for Lease Violation: Three days to remedy lease violation or landlord can file eviction (Civ. Procedure Code §§ 1161(3)). Landlord can also terminate the lease for subletting without permission or illegal activity on the premise. (Civ. Procedure Code §§ 1161(4))
Required Notice before Entry: 24 hours (Civ. Code §§ 1954a)
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 24 hours (Civ. Code §§ 1954a)
Emergency Entry Allowed without Notice: Yes (Civ. Code §§ 1954b)
Entry Allowed During Tenant’s Extended Absence: No (Civ. Code §§ 1954)
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No (Civ. Code §§ 789.3b(1))
Utility Shut-offs Allowed: No (Civ. Code §§ 789.3a)
Disclosures and Miscellaneous Notes:

Landlord Must Accept First Qualified Applicant – The 2012 Fair Housing Handbook of California says on page 24, “The landlord should take the time to check out the information and make a selection based on the first qualified applicant(s),” although there is no statute to support this. It’s recommended but not law.
Copy of Lease: Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. (Civ. Code §§ 1962(4))
Utilities: Landlord must disclose if utilities that service tenant’s unit also service other areas (such as common foyers), and disclose the manner in which costs will be fairly divided up. (Civ. Code §§ 1940.9) Landlord must also provide a formula for dividing up utilities when utilities are split among multiple tenants.
San Francisco Utilities: Landlords must provide heat that can maintain a room temperature of 68 degrees. This level of heat must be provided for at least 13 hours, specifically from 5-11 AM and 3-10 PM.
Move-In Condition: Landlord is not required to provide a Move-In Condition Checklist for the Tenants to complete. However, it is recommended and extremely helpful should you ever go to court over physical damages to the dwelling.
Mold: Landlord must disclose, prior to lease signing, knowledge of any mold in the dwelling that exceeds safety limits or poses a health concern. Landlord must distribute a State Department of Health Services consumer handbook. (Health & Safety Code §§ 26147)
Demolishment: If a landlord or agent has applied for a permit to demolish a rental unit, the landlord must provide written notice to prospective tenants before accepting any money. (Civ. Code §§ 1940.6)
Ordinances: Landlord must disclose the locations of former ordinances in the neighborhood. (Civ. Code §§ 1940.7)
Sexual Offenders: Landlords are required to include the following language in the lease:
“Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at http://www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Civ. Code §§ 2079.10a)
Pests Disclosures: At lease signing, Landlord must disclose any pests control contracts or disclosures received by pest control companies. If the premise is being treated for pests, landlord must disclose the pesticides used and their active ingredients, and any warnings associated with them. (Civ. Code §§ 1940.8, and Business and Professional Code §§ 8538)
Smoking: If the landlord limits or prohibits smoking, landlord must include a clause that specifies the areas on or in the premise where smoking is prohibited. (Civ. Code §§ 1947.5)
Proof of Domestic Violence Status: Landlord is entitled to proof/documentation of domestic violence status of the tenant if the tenant claims they are a victim. (Civ. Code §§ 1941.5, 1941.6, 1941.7)
Locks: Landlords must change the locks if requested by a domestic violence victim and proof of court order is given. (Civ. Code §§ 1941.5 and 1941.6)
Special Treatment: A victim may terminate a lease with 30 days notice and proof of victim status. (Civ. Code §§ 1941.7) A landlord cannot end or refuse to renew a tenancy based upon the fact that tenant or a member of tenant’s household is a victim of a documented act of domestic violence, sexual assault, or stalking. (Civ. Procedure Code §§ 1161.3)
Abandoned Property: The rules are lengthy and specific, please read Civ. Code §§ 1965, 1980 to 1991.
Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, or exercised a legal right. Courts will assume “retaliation” by landlord if negative action is taken on the tenant within 180 days (six months) after any of the prior tenant actions. (Civ. Code §§ 1942.5) It will also be considered retaliation if the landlord acts negatively within six months after any of the following:
Using the repair and deduct remedy, or telling the landlord that the tenant will use the repair and deduct remedy.
Complaining about the condition of the rental unit to the landlord, or to an appropriate public agency after giving the landlord notice.
Filing a lawsuit or beginning arbitration based on the condition of the rental unit.
Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.

2014
12/31
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Accurate Credit Bureau Landlord Responsibility

A landlord’s responsibility to his tenants is to provide a safe, functional living space. Before a tenant moves in, it’s the landlord’s obligation to make sure that the property is up to local and federal housing code. City and county housing authorities establish strict minimum standards for electricity, paint (lead-free), lighting, ventilation and structural integrity. You may download a free rental lease to use from http://www.accuratecredit.com/html/freerentalapplications.html Many cities additionally require safety measures like dead bolts on all exterior doors, smoke alarms and fire extinguishers in each unit.

Once the tenant moves in, it’s the landlord’s responsibility to repair anything that breaks on the property, from a burned-out light bulb in the stairwell down to leaky faucets. A landlord is expected to respond to a repair request within 24 hours and fix it within a reasonable time frame. The severity of the problem usually dictates how quickly it gets fixed.

If a landlord fails to address a known problem in a timely fashion, he could get into big trouble. The worst-case scenario is that a tenant or his guest is seriously injured by an unresolved issue with the property, like a broken rail on a staircase or a missing floorboard. If the tenant can prove that the landlord knew about the damage and neglected to act with reasonable timeliness to fix it, he can sue and he’ll win. This is why landlords have to buy liability insurance.

Not all landlord-tenant arguments end in a lawsuit. But if a tenant gets frustrated with how long it takes his landlord to fix the dishwasher he has several options. In most states in the United States, he can legally withhold his rent until the repair is made. He may also have the right to arrange the repairs himself and subtract the cost from his next rent check. In some states, if things get really bad, the tenant can treat the failure to respond as a breach of contract and move out in the middle of the lease.

A landlord can protect himself by documenting exactly when he receives all notifications of a problem with the property and when he took action to resolve it. Even if the landlord can’t fix the problem right away, it’s his responsibility to let the tenant know the circumstances that are causing the delay and when it might be resolved. A good landlord will encourage his tenants to report all known problems immediately to avoid potential liability for injuries.

It’s also the landlord’s responsibility to keep his tenants safe from crime. All stairways and common areas need to be well-lighted. Main doors and gates need to remain locked at all times. If there’s an intercom system for buzzing in guests, it needs to be in working order. Exterior doors should have deadbolts and windows should have locks, particularly those that are accessible by an external fire escape.

A landlord also has to take reasonable measures to make sure that his tenants aren’t criminals. If a landlord knows that some of his tenants are dealing drugs from their apartments, for example, and doesn’t report them to the police, the landlord might be held accountable for any neighborhood crimes that can be linked to the drug-dealing operation.

DOUBLY INSUREDLandlords are often small business owners and typically carry two separate insurance policies —property insurance and liability insurance. Property insurance protects a landlord’s building from damages inflicted by outside sources, like fire, storms, vandalism and possibly earthquakes and floods. Insurance for the last two potential perils requires additional coverage and costs extra.

Liability insurance covers the legal and medical bills when a landlord is sued for damage he allegedly inflicted on a tenant, including injuries caused by landlord neglect, discrimination, wrongful eviction and invasion of privacy.

2014
12/15
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What Happened When Axl Rose Rented My Apartment By Steve Fishman

Axl Rose is the best tenant ever.

Three years ago, the legendary rocker was looking for a New York apartment to rent. He thought it might be time to move from Malibu and wanted to test out New York. Axl was searching for a place without “glaring” sunlight but with lots of space, and I had both — my place is 5,300 square feet and almost entirely underground. It’s in Tribeca, which — another benefit for him — is celebrity-friendly these days: His neighbors would be James Bond (Daniel Craig) and Jon Stewart (as well as a “gentleman’s” club next door). Axl came by to see the apartment twice. Once my wife was there, and she reported that he played enthusiastically with our dog and snorted at people who like spaces “bathed in light,” as the Realtors say. He loved the place.

Of course, I was worried. Axl, after all, had a reputation for wrecking places. There is, for instance, this headline from 2008: “Guns N’ Roses’ Axl Rose one of world’s worst hotel guests.” But he was said to have reformed as he aged. By the time he inspected my apartment, he was almost 50 years old and getting the belly to prove it. He’d apparently developed a respect for property rights — those of others included.

Plus, he agreed to pay an extraordinary rent and, well, I needed the money. Just in case, he offered six months’ rent as a security deposit.

Axl was in a hurry to get into the place, we were told, and so we quickly decamped to Brooklyn. Then came move-in day. And then it went. So did a second and a third date. Still Axl didn’t move in. (This pattern may be familiar to fans who waited for the Guns ‘n’ Roses album Chinese Democracy.)

My family and I followed Axl’s travels via Google alerts — he was touring in Abu Dhabi and playing a birthday party in Russia. We were repeatedly told by his very nice assistants, a mother and son team, that he was definitely planning a move to New York, which we were informed he’d fallen in love with. (He might even want to buy our place.) This attachment was good news, since as the one-year mark approached, it was time to renew his lease. He still hadn’t set foot in the apartment. We learned that he had been to New York, though, renting a roomy suite at a fancy hotel with a balcony and, well, lots of light. Still, he renewed — this time at an increased rent.

As far as I can tell, Axl never set foot in my place after his initial viewings. I wondered if he remembered that he’d rented it. Maybe a superstar lives this way — renting apartments just in case, and then forgetting about them. Still, the rent checks kept coming, which is all I cared about. When it came time to renew for a third year, negotiations began, but then rationality — his management’s — prevailed. Axl’s ghost rental ended in the beginning of 2013, at the two-year mark.

People have mixed views of Axl Rose, but as a landlord, I loved him. If he ever needs a recommendation, I’ll happily write: Quiet, undemanding, and pays his rent.

2014
12/13
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Do I have to rent to a sex offender? Accurate Landlord Tenant Advice!

Our society is terrified of sex offenders, and has enacted many laws including requiring registration and restricting where they can be and live. In fact, there are many more laws restricting sex offenders than any other type of criminal – even murderers.

Currently, there are about 747,000 registered sex offenders in the United States. In order to comply with the terms of registration and avoid re-arrest, they must have a permanent address.

Many state and local governments have imposed restrictions on where registered sex offenders can live after their release from direct supervision (jail, halfway house or probation). Generally, they are not allowed to live within a designated distance of schools, daycare centers, parks and other places where children congregate.

Some cities have created tiny “pocket parks” throughout their areas in order to effectively ban registered sex offenders from living anywhere within their boundaries. Once sex offenders lose stable housing, many become homeless and in violation of registration. They become not only more difficult to track, but also more likely to re-offend.

Such restrictions are being challenged. In August 2013, a federal judge in Colorado struck down a city ordinance that tightly restricted where registered sex offenders can reside, ruling that it conflicts with a state law requiring the reintegration of parolees into society. Under the ordinance, 99 percent of the city was essentially off-limits.

Must a Landlord Rent to a Sex Offender?
In most states, a landlord can rent to a registered sex offender as long as the offender does not pose a recognizable risk to other tenants. A recognizable risk might be renting to a known pedophile in a building with many children. It would not be a risk to rent to a pedophile in a building with all adults. A landlord is under no duty to check the registry prior to renting.
Being a registered sex offender is not covered by anti-discrimination laws. It is not a protected characteristic. In most states, a landlord can refuse to rent to an offender who reveals his or her status in an application or if the offender’s status is uncovered in a criminal background check. Click here http://www.accurartecredit.com to order a background check on a prospective tenant.

In some states, such as California, this information cannot come from the sex offender registry database. It must come from some other source. Be sure to check the law in your state. You may order criminal record reports and background checks through http://www.accuratecredit.com

If a landlord discovers that he or she already has a sex offender for a tenant, eviction can be difficult. A month-to-month tenant can be let go with due notice. A tenant with a lease can be evicted if he or she lied about sex offender status on an application, especially if the residence falls within an area restricted to sex offenders. Otherwise, absent an issue, the offender must be treated like any other tenant until the lease renews.

Must a Landlord Notify Other Tenants?

Usually, a landlord is under no obligation to notify other tenants of the presence of a sex offender. In most states, a lease agreement must include information about the state’s sex offender registry, which allows a potential tenant to do a search on his or her own prior to signing the lease and moving into the building or area. In all states, law enforcement is required to notify residents of sex offenders.

Notification is the responsibility of the tenant and law enforcement, not the landlord.

2014
12/11
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5 Questions to Ask Your Applicant’s Previous Landlord

A reference from an applicant’s previous landlord is a crucial step to effective tenant screening.  But sometimes landlords get into trouble by asking the wrong questions. It’s important to have a plan, in order to avoid discrimination claims or violations of privacy rights when making the call to the previous landlord.

A landlord is not protected from a claim of discrimination simply because the discriminatory information came from the previous landlord. To avoid controversy, stick with questions that tell you what you really need to know– whether this applicant will make a good tenant.

Here are five questions that can help you achieve your goal:

Did the previous tenant pay the rent?

Did they pay it on time?

Did they do a reasonably good job of taking care of the rental property?

Was the unit clean and in good order when this tenant left?

Was this person disruptive towards other tenants or neighbors?

Asking the same questions each time is a reliable way to avoid discrimination, can make the call to a previous landlord go much easier, and will help you develop a clearer picture of whether you want to rent to this individual. Accurate Credit  www.accuratecredit.com provides tenant screening, tenant background checks, tenant eviction reports and other landlord services. Click here to order a prospective tenant(s) background report http://www.accuratecredit.com
Important Decisions Demand Accurate Credit

2014
12/09
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Liability for Tenant Injuries and Insurance for Landlords

In the event a tenant sues for injuries suffered on the property, are there insurance policies which cover landlords?

Yes. Just as there are insurance policies which compensate landlords for damage or loss due to fire, flooding, earthquakes, and burglary, among other things, there is insurance which that can purchased to cover damages from tenant injuries.
While they are not cheap, comprehensive general liability policies are often necessary, particularly for owners are multiple unit properties. These insurance policies cover financial damages resulting from defective property conditions and provide attorneys to defend you in any lawsuit brought by a tenant.

Like any insurance policy, you will want a policy large enough to at least cover the value of your property, as well as liability insurance for vehicles used by the business. When searching for insurance, an agent will inform you of different coverage packages, but you should make sure to explore in detail with your agent policies that cover injury, invasion of privacy, slander, evictions and other common claims brought by tenants.

If a tenant or visitor is injured on property owned by a landlord, is the landlord liable for the injuries?

Landlords have a duty to 1) properly maintain common areas; 2) warn of hidden dangers which they are (or should be) aware of; and 3) make safe furnished dwellings on short term leases. A landlord is only liable for the injuries of tenants and visitors in cases where the landlord’s negligence has caused the injuries in the above circumstances. Additionally, this negligence must be the direct cause of the injury.

For example, a landlord is negligent in failing to repair a broken step on the front stairwell, so you use a properly functioning back stairwell to get to your apartment, but in doing so you fall and injure yourself. The landlord’s negligence will not be deemed to be the direct cause of your injuries and the landlord will not be liable for damages.

For landlord liability to attach, the following must be proven:

the landlord had a duty to fix the dangerous condition and breached his duty by not fixing it in a reasonable amount of time–a broken step would not be required to be fixed in just an hour.
fixing the problem wouldn’t have been unreasonably expensive or difficult (and the landlord had adequate warning of the problem)
the cause of the injury was the failure to repair the dangerous condition
the damage that resulted (the injury) was serious and probable (i.e., foreseeable)
the landlord’s negligence directly caused the injury

In order to hold the landlord liable, the tenant will have to prove each of the above elements. Take the example of the broken stairwell, above. Assume the tenant took the front stairwell, stepped on the broken step, injured himself, and that the step had been broken for several months. The tenant could prove: 1) the landlord had the duty to fix, but did not; 2) fixing the problem wouldn’t have been unreasonably expensive — broken steps occur frequently and don’t cost much; 3) if the landlord had fixed the condition, the tenant wouldn’t have been injured; 4) falling down and injuring yourself is serious and foreseeable; and 5) the failure to fix or warn directly caused the injuries.

What kind of damages can a tenant receive from a landlord?

If an injury satisfies the above criteria, tenants can sue for:
Medical Bills
Lost Earnings
Pain and Suffering
Disability or Disfigurement
Emotional Distress
Personal property damage–e.g., things that have been damaged as a result of the landlord’s negligence.

Are landlords liable for injuries to tenants and visitors that occur inside of a rental unit?
Generally, no. Landlords are only responsible for the maintenance of common areas; warning of hidden dangers that they know about and making safe furnished dwellings on short term lease. What happens inside a tenant’s dwelling is their responsibility.

The only exception would be where a landlord’s faulty repair or workmanship caused the injury. Then the landlord may be liable for the defect.

What is the best way for a landlord to minimize lawsuits from tenant injuries?

The best way to avoid potential losses from injuries related to maintenance is, obviously, to keep your property in great shape. If you haven’t done so already, prepare a written checklist and go through the common areas of the property as well as tenant units before tenants move in.

Go through the checklist on a regular basis and document the date and time each time you do so. No matter where problems may arise, either in common areas or tenant units, you should encourage tenants and employees to report any security or safety issues immediately. Keeping your own written record of all reports and when and how the problems were resolved.

In addition to regular maintenance and check-ups on the property, landlords should clearly assign responsibilities for repair and maintenance in the lease or rental agreement. While major duties such as the safety of common areas cannot be passed off, a clear description of procedures to follow in the event that repairs are necessary can be helpful in avoiding lawsuits. You can download rental leases and other useful landlord tools at http://www.accuratecredit.com

2014
12/08
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