Tenants should you be Renting Without a Lease ?

Some of us are familiar with that situation where Betty Lou has a cousin whose sister has a place for rent and would be willing to mark down the rental price for family. There is no lease needed for family so you move in feeling pretty good that you are not tide down with a place and when something better comes along, you are good to move along. However; once settled, things do not go so smoothly and before you know it, you are wishing you never would have moved in.

A lease not only protects you as a tenant but it also protects the owners. It protects everyone involved and keeps everyone honest. I have known owners who were in some pretty horrible pickles because they had no lease to back them up. I have seen tenants in the same position. For example, I have some friends who got married and needed to find a place to live in Greenville because that is where they lived. Now, they lived a little ways from Greenville SC so, although finding a place to rent was still expensive and tough, at least it was not as bad as NYC would have been. They felt hopeful and jumped in to finding the perfect place. One of the husband’s childhood friends had a father who owned a single story 2 bedroom home in Anderson but still close to the the interstate and Greenville. It was $500 a month, all inclusive. There was no lease so they could buy a house whenever the time came without being tide down, not to mention, there were no random bills, only the one per month. Two weeks after moving in, their water stopped working. They let the owner know who informed them that the well was running dry and he would not be digging a new one so they would just have to ration the water until then. Another week down the road, it began getting extremely cold for SC. The landlord had not hooked up heat to the house and only had one space heater.. The tenants contacted him only to get met with, “I can bring another space heater.” The space heaters were nowhere near enough heat and the winter was colder than usual. Outside of that, the internet and cable that were promised were also never hooked up to the house. The landlord would not drop the rent price therefore, they had to live with no heat, no water, and none of the promised amenities. Without a lease, there was nothing the tenants could do to remedy the situation. So, only after two months of living there, they were having to search for a new home all over again.

You can see how easy it can be for a landlord or property manager to have no accountability if there is no lease involved. Even if they are friends or family, a lease just keeps everyone honest and gives you as a tenant, the backup you need to make sure you are being treated fairly for your money. 

Property Management and Evictions

Eviction is one of those subjects that owners and tenants dread and feel unsure about. When it comes down to it, if both the property manager or owner and the tenant adhere to the lease, then no worries for anyone.  However, sometimes evictions become necessary. Miscommunication arise or people do not keep their word even if a signed contract is in place. This unfortunately, leaves all parties involved in an uncomfortable position. Eviction becomes necessary when the lease is not upheld by the tenant, and most often when the rent is not paid.  Leases are in place to protect both the tenants and the property owners.  If the lease is breached, then the Eviction process is in place to rectify the issues.  It allows the tenants time to correct whatever the problem is, whether it be past due rents or needed repairs, and in the event the issues are not resolved in that time frame, it gives the tenant a certain amount of time to remove themselves and their items from the property.

Most states require a legitimate reason for eviction filing. These reasons might include, illegal activity, not paying rent, damage to the property, etc. The usual form filed is called an Application for Ejectment, but there are other ways to file.  One way is an unconditional quit notice. This means that the owner is evicting the tenant without giving them a chance to fix the issue. Many notices allow you to remedy the situation in order for you to avoid eviction. However, if the tenant has repeatedly broken the lease or was involved with something such as drugs, then the owner has grounds to serve an unconditional quit notice. Which means the lease is being terminated and the tenant must remove themselves from the property immediately. If they do not, the landlord can open an eviction lawsuit.

Other types of notices involve, pay rent or quit notices and cure or quit notices. Pay rent or quit notices mean either pay the rent that is due or “quit” which means to move out and quit on the lease agreement. Cure or quit notices are when a tenant has violated the lease agreement and they are given a certain amount of time to remedy the violation (such as getting rid of an animal that didn’t meet lease guidelines) or they can quit (move). If a tenant does not choose either option with both of the notices previously listed, they can face an eviction lawsuit.  

In most states, a landlord does not need to give notice to the tenant prior to filing the eviction.  Most leases have a paragraph describing the eviction rules of a particular Landlord or Property Manager. Landlords must have cause to file. However, a tenant does have rights, and the tenant can request a court hearing and have their case heard in front of a Summary Court Judge.  If a hearing is requested, their case will be heard and things can be sorted out. The judge can then make the decision as to who is at fault and what the remedy is.

There are consequences to having an eviction filed against you the tenant.   Eviction notices can leave your renting record tarnished. If you ever wanted to buy property of your own, lenders often ask for a reference from previous landlords. So, if you are a tenant, read, understand and abide by your lease. If you are unsure of what your lease says about something, call the property manager to clarify.

If you are a landlord, have a clear and concise lease that does not leave room for a lot of questions. If you are fair and open with the tenant at the beginning of the lease, then most likely your tenants will respect you and there will be no problems during their tenancy.

Overall, eviction is a last resort action for most Landlords and Property Managers. Unfortunately, being a successful Property Manager does sometimes require these legal actions.  It is always good to know the options if problems arise. 

5 Renter Tips for Understanding a Pet Policy

Pets can be such a joy in our lives. However, they can also mean a lot of responsibility. When moving, having a pet can make it difficult to find a home.  If you find a property that allows pets, they most likely will have limitations in place.  If you are a pet owner and you have a found a place that allows pets, below are a few questions to ask before moving in.

1.      If my pet causes any damage at all to the house, will that affect me getting my security deposit back? This is important because most places will require a one-time or monthly pet deposit that is non-refundable.  This money covers damages that possibly can occur from a pet living in the house.   If damages are done by the pet, it could affect your security deposit.

2.      Do you have a pet fee and is it refundable? Most places do not refund the pet fee.

3.      Do you have any weight limitations? Many places have a 20-pound weight limit to ensure there are no larger breeds that are brought into the home.  The thinking is the bigger the animal the more damage they cause.  Yes, many of us love big dogs but when it comes to rentals bigger dogs are not usually acceptable.

4.      Do you have any breeds you do not allow? I have not seen a lot of places do this but it is becoming more common.  Breeds like pit bulls are popular, as well as Rottweilers. However many owners do not want their properties associated with dangerous breeds. Although many do not see their dogs as dangerous, as you might not, they still have to exercise caution because they are the owner of the property and could be held liable even if it is your pet and not theirs that hurts someone or causes damages.

5.      How many pets do you allow? Some places put a cap on how many pets you can have in the house even if you are within their weight and breed limitations. So, make sure you are not surpassing the amount the owner is comfortable with because breach of contract is grounds for eviction.