Tuesday, September 25, 2012
Tuesday, September 18, 2012
1. How long is this going to take? 1 day
- Exactly what are you going to do to repair this?”
Tuesday, September 11, 2012
Wednesday, September 5, 2012
- Will the son damage the house?
- Is he dangerous?
Tuesday, August 14, 2012
Tuesday, July 17, 2012
Tuesday, July 10, 2012
Wednesday, June 6, 2012
Tuesday, May 22, 2012
Tuesday, May 15, 2012
Tuesday, May 8, 2012
Monday, April 2, 2012
Did you know
Spring has come early for the mountains and just about everywhere else. Working in my garden is one of my greatest pleasures. Planting bulbs in the fall and then forgetting where I planted them. The pleasure of seeing them begin to sprout up in the spring is what I love. It is such a wonderful surprise. Not all surprises are this great.
In Towns,Union,Cherokee and Clay Counties, if the tenant moves out and have not paid their water bills, then the owner of the property is liable. These water companies are now making the owner the collection authority instead of the water company. It does not matter if you agree, this is the way it is.
There is nothing worse than having an owner contact you and say that they just received a bill from the water company for $71.27 and it is 2 months past due. Surprises like this are not fun.
We do not return security deposit without verification of final water bill from tenants.
Tuesday, February 21, 2012
There were great comments about the landlord from last week’s email. One of my favorite comments was to allow the tenant in the lower unit to move out and charge the other tenant rent for both units. Don’t you just love it!!!
Another email came in from Gail Mulford with Mike Kelly Realty. She is studying for her broker’s license and said, “ It is constructive eviction”. After talking to her and at her suggestion, I googled “Constructive Eviction”
Here is the definition:
The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.
I,myself leaned toward Quiet Enjoyment and here is that definition:
Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service.
Needless to say, I am not an attorney but an experienced Property Manager. In my opinion, both definitions apply to this situation. It should be left to the Magistrate Judge in the county that this occurred. I think the tenant could easily win. What do you think?
Mountain Manager DOES NOT represent this owner and WILL NEVER represent this owner.
Tuesday, January 24, 2012
Did you know
it is not easy being a property manager. Mountain Manager does not represent this owner but what would you do in this case?
This particular tenant rents an apartment in the basement of a house. Upstairs is another tenant who thinks it is OK to play music any time he wants.
Now here is the question. Can the tenant in the lower unit break their lease if they have repeatedly asked the owner and tenant upstairs to stop playing his music after 10pm? The tenants have also called the police 2 times to try and get the tenant to stop playing the music.
In the lease it states the tenant has the right for “Quiet Enjoyment”. What would you do?
I have an opinion about this and will share it next week.
Friday, January 20, 2012
Did you know
About 5 years ago,it had become too confusing to use both the NC and GA leasing and management agreement forms. It was difficult to remember what each state had and did not have in their forms. So I asked my friends with NARPM (National Association of Residential Property Managers) to help. I put together a management agreement and lease agreement and had a local attorney make sure everything was legal. I have not looked at the GAR lease form until yesterday when I took a NARPM class on "Elements of the Lease Agreement".
I found out something that you need to know about if you are doing any leasing and using this form.
Please read Paragraph 8 below.
8. Utilities. Tenant acknowledges that all utilities and/or services are to be paid for by Tenant, with the exception of:__________________________________Tenant must connect or transfer utilities not provided by Landlord into the name of Tenant within ____days of the commencement of the lease.At any time thereafter, Landlord may, without notice to Tenant, disconnect any utilities serving Premies which are in the name of Landlord and are not being provided by Landlord under this lease. Landlord may, at Landlord's option and upon notice to Tenant, pay utilities and be reimbursed by Tenant as additional rent. For the purpose of this paragraph utilities are defined as the following: Water, Sewer,Electric Sanitation Gas and Phone.
Here is the problem with this paragraph. If tenant moves in and has not put any or all of the utilities in his name the Landlord CAN NOT TURN them off after the tenant has moved into the premises. The best way to avoid this situation is to have proof of utilities BEFORE tenant moves into the premises.
Thursday, January 12, 2012
The banking crisis has made a mess for many many many people. Banks gave loans to people who really weren’t qualified. Once the owner couldn’t pay they contacted the real estate agent that sold them the house. That agent did their very best to sell the house but houses weren’t selling unless they were in foreclosure or maybe if they got lucky they did a short sale.
Sometimes the owner would contact a property management company to lease the house which would at least give them some breathing room. That didn’t always last either. Then foreclosure took place.
If there was a tenant in the house, many times they were bullied by the bank. The bank demanding they leave even though the tenant has the RIGHT to stay. The bank would tell them they had to leave even though they had a valid lease. The only way the bank could make them move was if the person buying was going to live in the house. Then the bank must give a 90 day notice.
Here are the ones that have been hurt.
1.the owner of the property
- realtor listing the house
- property manager who managed it
- tenant who lived in the house
Banks need to get their act together. Work with the owners and give them a better loan. Work with the realtor and sell the property easily
Work with the property manager and allow them to continue managing the property
Work with the tenant and not be such a bully