North Georgia/North Carolina Mountains

2012-01-24T14:36:00.000-08:00

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.

2012-01-20T11:42:00.000-08:00

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.

2012-01-12T07:19:00.000-08:00

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

2011-12-29T07:12:00.000-08:00

Did you know

The new year is just around the corner. Are you planning for the next year to be better than this year? Are you planning to make more money? If you don’t have a plan then you have NO PLAN.

Here is the proverb for 2012.

Consistency will make you a winner.

If you are not consistent in all that you do, you will not win. Keep doing what makes you successful. Continue to make those phone calls. Continue to farm a certain area. Continue to go to Chamber meetings.If you don’t then you will not be a WINNER!!

2011-12-20T08:42:00.000-08:00

Did you know

Dealing with a leak in a ceiling can be so simple. It can also be devastating. Here is what happened. Just to give you a heads up, this could have been a nightmare from hell if not handled properly. It is imperative that as a property manager you have qualified vendors to handle repairs. When you get some “Johnny come lately” who is not trained or educated, you have a nightmare waiting to happen.

Thanksgiving Day tenant calls and says water is pouring out of the ceiling in the kitchen. There is a bathroom above the kitchen so the natural assumption is that something in the bathroom is leaking. A plumber is called. Plumber goes to the house. Talks to the tenants. They state that they very seldom use the upstairs bath. When they did use the bathtub, they would soak in the tub. They never mentioned the use of the shower.

Plumber turns water on at sink and tub. No water appears in the kitchen ceiling. He flushes the toilet multiple times. No water appears in the kitchen ceiling. He does a pressure test on all the lines. Again nothing happens. Since there appears to be no problems with the plumbing we wonder if it may be from the vent in the roof. Now we send out a roofer to check for leaks in the roof.

A very reliable roofing company states that this roof is the worst roof job they have ever seen. They do the best they can and repair multiple places but state that this is a just a “band aid” and the roof needs replacing. At this point, we make an assumption. You should never assume anything. You know what they say about the word “assume”. It makes an “ass” out of “u” and “me”. We assume the problem is fixed. WRONG

3 weeks later we get a call that water is pouring out of the ceiling again. We again send the plumber. After talking to the tenants again, he finds that they have periodically been using the shower. The shower has a hand held shower head. What had been happening was they had been using the hand held shower head sometimes and it was spraying on to the spout on the tub. The spout was not sealed properly. The water would go behind the spout and leaking through the ceiling.

Here is where it gets really interesting. Plumber begins to remove as much insulation that is between the floors as he can. He can not get to all of the wet insulation. Now the untrained plumber or property manager would pull out as much insulation as they could and say all is fine.

The PROFESSIONAL plumber or property manager should call a company that can guarantee that there is no chance of mold. Wet insulation is a breeding ground for mold. This must be dried down in the proper way with knowledgeable trained people.

Thanks ServiceMaster. You are the best!!

2011-10-04T12:19:00.000-07:00

No matter how you try, the general public does not realize all of the laws that you are required to abide by and do the right thing. 8 years ago Mountain Manager and Associates was born. The Georgia and North Carolina Real Estate Commission have the duty to audit of my books. They wanted to make sure we are doing every thing the correct and legal way.

Reading the North Carolina back page has always made be wonder, “am I doing it correctly.” Will they come after me if I am not doing it correctly? I know I am guilty. I know I am doing it wrong. All those classes that I have taken about trust account, just went out the window.(My insecurity came into play, can you tell)

I received a letter in March from the Georgia Real Estate Commission wanting certain documents. Immediately, I sent the information by certified mail. I waited and waited.

They responded 6 months later with a critic of what needed to be done!!!

I had been pleasantly surprised. I found out that they are not the Gestapo.

The general public does not know all the laws that a property manager and/or real estate agent has to abide by.

As a property manager we have a fiduciary responsibility to the owner of the property. We are required to protect them. This can be very difficult when owners think they know more than we do. We must overcome this and continue to protect them, no matter what they say. That doesn’t sound very nice!! We need to educate owners on the laws that can cause them problems and do it in a nice way.

There are issues of MOLD, LEAD BASE PAINT and FLOODING to name just a few.

Today I had a conversation with an owner who owns a home that was built before 1978. More than likely it was built in the 1950’s.

I told him that there are certain words that put the fear of GOD in me. LEAD BASE PAINT and MOLD. It is imperative that the tenant does not say these words. The house needs to be free of mold. It also needs to be free of lead base paint. If it does have lead base paint it needs to be repair by a Certified Lead Base Paint contractor. At this time, I am not aware of any contractor who is a Certified Lead Base Paint Contractor in the mountains.

2011-09-20T11:19:00.000-07:00

Did you know

Putting the right person in the right house is a win win for both the tenant and the landlord. The landlord wants a tenant who will pay the rent and take care of the property. The tenant wants the landlord to take care of the property and give them “Quiet Enjoyment”(They want to be left alone to enjoy the home)

It all starts with the application process. It can be very quick or it can take some time.It all depends on the landlord or the property manager. Either one can do it with the same tools, IF they want to do it RIGHT.

As a landlord you can shake their hand and say, “The house is yours. When can you move?”

You can give them an application. Ask them to fill it out. You will then begin the process IF you want to “Put the right person in the right house so you both win.

As the landlord you want to find out if they have the income to afford your property. The best way to do this is to verify their income. You can use their last paycheck, tax return or 1099 form. If they are paid cash, then they probably don’t file a tax return and probably won’t be renting your house.

You also want to talk to their existing and previous landlord. Now you may ask.
“Why should I talk to their previous landlord.?” The best reason of all. If you talk to the existing landlord they may want the tenant out asap and they will lie to you. If you talk to the previous landlord, they will tell more than likely tell you the truth.

Now the last step. It is now time to get a background check and credit report. Times the way they are, it is part of the process to do a credit report. You do not want to base everything on the credit score. For several years, I did not do background checks. I felt that I could tell if there was a problem. I was “SMART” I could “read” this people. Boy, was I wrong. I really don’t like admitting that I am wrong but I decided it was time to do background checks with a prospective tenant told me that he had been convicted of a

sex offender. I thought he was a good guy. BOY WAS I WRONG!!

2011-09-14T11:21:00.000-07:00

Did you know

When someone comes to your house to cut the grass, clean your windows, or build a deck, they may or may not have insurance. One type of insurance they need is liability insurance. This type of insurance will cover them if they cut your grass and the lawnmower blows a rock and breaks your window. Your window will be replaced using their liability insurance.The other type of insurance is workman’s compensation insurance. This insurance covers them if they fall off the lawnmower and hurt themselves.

It is imperative that you check to see if they have both kinds insurance. There are a lot of people that work here and don’t have insurance. Ok,what is the big deal if they don’t have liability insurance or workman’s compensation.

Do you know that if these people do not have workman’s compensation that they can come after you if they are injured on the job. The job happens to be on your property.You can be held responsible. Sometimes they will even say, “Oh, I will just sign a waiver.” I am not an attorney or an insurance agent BUT my understanding is that this form does not eliminate the possibility that they can come after the owner.

Over the past several years talking to multiple insurance agents in the area, it is my understanding if someone comes on to your property and they get injured they can come after you for compensation.

When a property management company has a lawn guy, window washer or carpenter come work on your house, you, the owner is hiring this person. The property management company is not hiring these people. The property management company is hiring on behalf of the owner.

So how does the owner and/or property manager protect themselves when hiring people who do not have insurance?

The most common way is to just not worry about it. If they get hurt then worry about it when it happens. This is probably not the smartest way to handle it but it is the most common.

The second way to handle it, is to not hire anyone that does not have insurance. This is particular difficult to do, since may people do not have insurance.

The third, and for me the most successful, is to form a Maintenance company that covers all workers that do NOT have insurance. It is expensive but well worth the risk.

A couple of years ago, a work order was issued to remove a sign from a building The worker went out to remove the sign and fell from the ladder. $25,000 later he was back at work. If there had not been workman’s compensation insurance, the owner would have been at risk. I am not willing to take that risk. Are you?

2011-09-06T09:56:00.000-07:00

Did you know

Working with tenants is an experience and can be trying to say the least. Now you may think that it is trying because of the tenants but I am not talking about the tenants. In this particular article I am talking about the landlord that is renting to the tenant. This tenant want to move into a house that we handle and their existing landlord is being difficult to say the least.

When a tenant puts in an application with Mountain Manager we then begin to process the application. We run a credit and background check. We verify the income by asking for a current pay stub. We verify that the tenant is still working at their existing job by calling the employer. We will call their previous landlord to verify that they have paid their rent on time. They did not abuse the property and they had no NSF or late fees.

We also do this with the existing landlord. The previous landlord will tell the truth but the existing landlord may not. They may tell you they are great tenants because they want them to move.

We want to make sure that what has been written on the application is true and accurate. This is not always an easy thing to do but we do try hard.

Today I experienced something that is just so unbelievable, it may be too hard to believe.

Here is the story. A prospect tenant submits an application. We run the credit and background check. It was good. We verify employment with a current pay stub and call the employer. Verified. We call former landlord. Also good. Now we need to call existing landlord.

This particular landlord requires that we mail the verification form to them. They would not do it over the phone. Ok, I understand. They don’t know who we are and need to make sure they do not give out information to the wrong people.They would not allow it to be faxed. So I asked if I brought the form to their house, would they fill it out.

The wife said her husband had to fill out the form. So I asked, “What time do you expect him to be home?”. She said, “He should be home between 5 and 6.

I planned my visit so I would arrive at their home by 6pm. When I arrived, I rang the the doorbell and “Mr. Smith” came to the door. I introduced myself and explained why I was there. I gave him the form that needed to be filled out. I also showed him the permission form from the tenant that gave him permission to fill out the verification form.

He then said, “ Do you have a copy of the permission form?” I said, “No, I do not.” With that he began to close the door and I said, “There is no reason to act like this. If you want a copy, can you not make a copy?” Then the door closed. It closed quietly but what an insult. I can not explain the anger I felt when he closed the door in my face.

I then went to a convenient store close by and purchased gas. While there asked if they had a copy machine. They did. I then said, “ I will be more than happy to pay for the copy, How much is it?” I love living in this fabulous area! They did not charge me. There are so many wonderful people here that are just plain NICE. It is so refreshing.

Not the case with Mr Smith. Now back in the car and off I go to his house again. Once there, I ring the doorbell again. No one comes. Wait and wait. I ring the doorbell again. Then a management decision is made. I get in my car and say to myself, “Prospective tenant, you now are approved:”

Aa I am driving away, the wife comes to the door.

The prospective tenant is called. She is told the following: You are approved. You need to move as soon as possible. No one needs to be subject to a person like this landlord that I just met. If you did not pay your rent on time, you will with Mountain Manager. If you did not take care of the place, you will with Mountain Manager.

2011-08-31T13:59:00.000-07:00

Did you know

as a property manager we have a fiduciary responsibility to the owner of the property. Fiduciary is one of those words we learn when taking the real estate exam. Fiduciary means “founded on faith or trust”. This mean as a property manager,our loyalty is to the owner of the property. We represent the owner not the tenant. We protect the owner. We look after the owner and make sure his/her property is safe. We have a responsibility of giving the owner a feeling of trust or faith in representing them. Being a member of NARPM (National Association of Residential Property Managers) has instilled in the importance of representing the owner not the tenant.

I came to property management as a residential and then commercial real estate agent. Sometimes I would represent the buyer and sometimes I would represent the seller. It changed from deal to deal. For many agents like myself, it was difficult to really understand the concept of “Representing”.

In many ways property managers are similar to attorneys,preachers and bankers. We need to keep all information confidential and put the client/owner’s best interest at heart.

We are required to follow the laws of the state the property is located and of course, the federal laws that govern.

This task is not always a defined course. Tenants do not understand why we do what we do. We are the bad guys. The tenants that are “well to do”, do not understand when we make statements like “ when we come to inspect the property we are checking to make sure the smoke detectors are in working condition, we are making sure the furnace filters are being changed, we are making sure that you are not growing pot in the basement and we are making sure you are not doing meth in the garage.” They resent the statement. We also explain that we are required to say this to everyone.

.If we only say that statement to the “not so well to do” then we are discriminating. Just because someone is well dress and speaks well does not mean they can not be doing those illegal activities. We must make all statements to all people.

Being a property manager is not as easy as it seems. It is more than just collecting the rent and paying the owners.

Professional Property Managers abide by all the laws of the land.

2011-08-23T09:20:00.000-07:00

The North Carolina and Georgia Real Estate Commission sends out a quarterly Newsletter during the year. One of the major topics recently in both publications have been issues with property management companies and property managers.

Over the past 2 years real estate sales have been horrible. Nothing is selling except foreclosed properties for the most part. Because of this, there are some agents who have decided, “I will manage rentals to make money” but do not take the time to take property management classes to learn how to do it. Since they hold a real estate license they can go into property management without any additional training.

I just found out there is a property management company in Atlanta doing business and does not hold a real estate license. When you manage property for others, in Georgia and North Carolina you are required to have a real estate license There are some states that do not require you to have a real estate license.

If you are thinking about hire a property manager,here are so questions you need and must ask.

Are you a licensed real estate agent? Ask for a copy of their license.
Are you affiliated with a licensed real estate company?
If you are an agent not a broker, Is you broker aware that you are managing property for others?
How do you screen prospective tenants?
How do you handle repairs?
Will all repairs be done, if requested by the tenant?
Do you go to court if the tenant has not paid the rent?
How do you serve the demand letter for non payment of rent?

Now you have asked all the right questions of this particular property manager and you feel they are good at doing what they do best. You have two more thing you need to do. Ask for references but do it a little differently. Instead of them giving you the owners that really love them you go to their website. You choose 3 properties that they manage. Then ask them for the owner’s name and contact information for each of those properties. You then call those owners. Ask them what they like and dislike about the property manager.

Now do the same thing except ask for the tenant’s name and contact information for 3 of the properties. See what they like and dislike about the property manager.

At this point you have a pretty good idea if this is the kind of person you want to manage you most valuable asset!

2011-08-16T11:40:00.000-07:00

Did you know

owning real estate is not for the young at heart. It is an investment that needs attention by the purchaser/owner. If no attention is given, then it is a sure thing that your real estate (investment) will go down in value unless the property is sitting on top of a gold mine or you strike oil. Both being highly unlikely. However, if there is any chance gold could be discovered in Young Harris, please let me know. You know, Dahlonega is not far from here, so you never know. Any thing is possible.

You can buy stock and just let it sit there. You do not have to give it any attention. It will go up or down no matter what you do. Hopefully while it is sitting, the stock will increase. Sometimes it does and sometimes it does not. Stockbrokers will tell you that when buying stock, it is for the long haul. Don’t try to make money overnight. Those day traders always amaze me. They are really working the system. Some are successful. Many are not.

The same applies to real estate. You need to own the property for the long haul. Yes, there are people out there that are “Flipping” property. Some are successful. Many are not. Several years ago there even was a show on TV about Flipping property. This show gave way to anyone and everyone investing in real estate. They had the “Bug” They needed to buy real estate and “FLIP” just like all those people on TV and make a fortune. Many were not success and many were not.

The reason that Some are successful in real estate and the stock market is they have done and continue to do their homework. They spend the time and the energy watching the market and the trends. They talk to stock brokers and real estate agents. They don’t just talk to one. They talk to many. Get their thoughts and ideas on what is happening. Is it time to buy or sell? Then they make an educated decision on how to proceed. If you do not do your homework, You will not succeed unless you are lucky. If you are lucky then go buy a lottery ticket. Much easier.

Buying real estate right now is the absolute best time that I have ever seen in 30 years. If you are thinking of buying, Spend time talking to several real estate agents, bankers, property managers and appraisers. Look at multiple houses or commercial property. Do not under any circumstance, look at one house or commercial building and decide to buy it. You have not done your homework. You are probably making an “Emotional” decision. The property has a fabulous view or it is on the lake or is on an unbelievable creek with rushing water. As always, if you don’t buy this property, there will be another property. In the past, I have always told my daughters, buying property is just like dating, “If you wait long enough there will always be another one just as good”. Don’t become emotional about buying. Write down the positive and the negative of the property and then make a rational decision about buying. Spend a lot of time analyzing the property or properties.

People who invest in real estate are a totally different breed then ones who invest in the stock market. Both are risk takers and both have a flair for adventure. They are after the American Dream. Own real estate and become rich. Isn’t that what we are all wanting.Many think that if they do what they see on TV or the Internet that they will become rich. No hard work needed. This is a BIG WRONG. Lots and Lots of hard work. The work is using your brain and some of your brawn. Buy a house at a good price. Then go in and make cosmetic changes only.

Find a real estate agent willing to spend the time, energy and the expertise to help you achieve the “American Dream”

2011-08-09T09:53:00.000-07:00

Did you know

that when you purchased your home in the mountains to use as a vacation home or to retire when the time was right, that now you have decide to sell, you can’t give it away.

Your investment just went down the drain. You have had it on the market for 2 years and no one wants to buy this beautiful home at $100,000 less than you paid for it. What can you do.

Recently, this has become the new reality for many homeowners. You can let the property sit empty. Deteriorate every month because no one is not living in it or you can become a “Landlord”.

At first, becoming a landlord seems like a daunting task. The current real estate market has put many people in a position where their home does not appraise for what is owed on the mortgage. A homeowner turned Landlord may be more knowledgeable about the property than the average investor.

You have managed your own household by cutting the grass, cleaning gutters, paying utilities, being a good neighbor has now found that you are managing a tenant. You know that will take excellent care of your property because you did, so why shouldn’t they do the same. WRONG

Tenants have good intentions to try to take care of the property but it is not their top priority. They have no incentive to do so. Dealing with tenants takes a certain type of person. If you a very nice person and allow others to get their way, turn your property over to a property manager who deals with tenants on a day to day basis.

Being a landlord is not difficult, you just have to be consistent. It is like raising children, if you give them an inch, they will take a mile. So be consistent on each of these items and you will be successful.

1.You need to be a person who can enforce the lease. If the lease says that rent is due

on the 1st of the month. Then you need to enforce this. Don’t let them pay late with

no late fee. If you allow this to happen then they will always be late. Why should they

pay on time, if you allow them to be late. Also, if you ever do go to court, this will be

held against you.

Have a policy on how repairs are to be handled. Do they call you at any time day or night? Do they email you the repair request? Repairs should be handled in a timely fashion. You need to handle repairs to protect your property.
Know the laws of you state and county. When is the rent considered late? In North Carolina you are required to give the tenant 5 days grace period. What are the laws about sexual offenders? What questions can you ask and not ask regarding handicapped people?
Have the tenant do a move in inspection. This must be documented. Have them list any damage before they move into the house.If it is not, you will regret it when they move out.
Do not give keys to tenants until proof of utilities are in their name. Did you know that if you have the utilities on in your name and they move in without changing to their name, you can NOT turn the utilities off.
Do not under any circumstance, do the move out inspection with the tenant. Do the inspection, using the inspection form the tenant filled out when they moved in. Once you have inspected, write or email them and give them a list of any problems.

If you have allowed dogs or cats to be in the home, do NOT return security deposit

until you are sure there are no fleas. This is usually 14-21 days after they have left.

Protect your investment by using these suggestions. You will be happy you did.

2011-08-02T10:00:00.000-07:00

DId you know

That renting a house requires much more preparation than you think. When you put your house on the market to rent, it is a whole other ball game then when you are selling. Tenants expect and demand more. So Is your house “RENT READY”? Let’s see.

Are all appliances in working order and “CLEAN”? This means “white glove clean”

Have the furnace filters been changed? Then tenant will be responsible for changing them if you have it in your lease.

Are all gutters clean? The tenant will be responsible for cleaning them if you have this in your lease.

Do the smoke detectors and CO detectors have new batteries? You want the tenant to be responsible for putting new batteries if the old one’s fail. Call me and I will explain why.

Is the house “CLEAN”?

Have the carpets been cleaned?

Does it smell good when you open the front door?

The house really really needs to be clean which includes carpets, windows(inside and out) and smells good when the prospective tenant looks at the house. Don’t use artificial smell devices. Tenants know when you are trying to hide something. Does this really need a explanation?

Are the flower beds mulched and free of weeds? If they are not, then the tenant won’t do what you should have done.

Does the outside of the house need pressure washing? This is protecting your property if you require the tenant to do this. They won’t clean it if you won’t clean it.

Does the inside need painting? If so, choose neutral colors but not stark white. They want something that looks good. They don’t want to rent something that has a “USED” look.

If these things are done then you have a better chance of renting your house at a better than average rent. If your house is not in top notch condition then you will not.

Here is why. A tenant thinks if the house is dirt or not well kept then the owner will take less. The prospective tenant will let the property manager know that there are other houses available that are in better condition at the same price. So why should they pay the same price for an inferior product.The tenant also feels if they take, this less than average home, they don’t need to take care of it. The owner doesn’t take care of it, so why should they take care of it.

One of the reasons a tenant will pay your price or even more is they are not the kind of tenant you want. They credit is bad. When I say bad, I mean not only is their credit score low but they have judgements against them, multiple collections, and IRS liens. They also forgot to tell you about their criminal record. Sometimes they will offer to pay 6 months in advance just so you will rent to them. You need to run not walk from someone who has these types of credit reports.

A local realtor has been writing articles every week in North Georgia News and Towns County Herald about staging homes for sale. Check her articles out because the same principles apply to renting your house. If the yard, house and inside are not in top notch condition, then it will be difficult to rent, sell or give away at any price.

2011-07-27T13:04:00.000-07:00

Did you know

All property managers are not the same. Their services vary as much as their qualifications. If you are looking for a property manager, take the time to decide if they are the right property management company for you. Interview several before making a decision. The company that you decide upon will be handling your investment which is, more than likely, one of the largest investments that you have.

Here are a few questions that you may want to ask them.

How many properties do they manage?

How many leases do they do each month?

How many houses do they have available for rent?

How long does it take them to lease a house?

How do they collect rent?

How do they handle repair requests?

Do they only handle rents or do they also sell properties?

One of the most important question is:

How long have them been managing property? If they are a start up company, you don’t need them to get experience on your dime. It is hard to beat experience as a teacher. Do they know the procedures for evicting a tenant. There is nothing negative about being the new kid on the block. The question is, have they done their homework. Are they familiar with handling mold, a tenant paying partial rent, dealing with roommates, monies owed after the tenant moves out and the list goes on and on and on.

Being in the mountains and a rural area, many might forget that technology does drive businesses and property management is no exception. How do they collect rent. Do they allow credit cards, ACH or tenant paying online? Is their website secure? Property managers need to be on the cutting edge of technology.

Real Estate companies general don’t have this stuff. They are doing their best to sell property not be a property management company. This tells you that they are not serious about being a property management company. All they want to do is sell property and are biding their time by doing property management until the sales start coming back.

Take the time to be informed before you decide who you will use to manage one of your largest assets. You can always change your mind but it will cost you more in the long run if you choose someone that is not qualified but is “So personable”. Take your time and ask questions and then more questions.

Liquor sales in Hayesville

2009-08-19T07:46:00.000-07:00

In this sleepy little town of Hayeville, N.C. an amazing thing has happened. Today was the election on whether to have 4 things happen. They were all related to liquor sales. Liquor by the drink, malt sales, ABC stores and wines sales.

Clay county has a population of 10,000 people with supposedly 8659 registered voters. This number is very suspect but on with the story. Several months ago a group of concerned citizens got together and said “We need to keep tax dollars in Clay County”. They decided to get a petition going that would put liquor sales on the ballot. They would need 35% of the registered voters to sign the petition to get it on the ballot. They needed 35% of 8659 registered voters which is approximately 2900 people. Volunteers set out to get those signatures. They had a plan and they had a goal. They needed so many signatures each week. They worked hard and got the signatures with 20 to spare.

Now was the time for the people to be heard.

Did this tiny little town nestled in the Tusquittee Mountain range need or want change to happen?

Tonight the results came. There were 4613 ballots cast out of 8659 registered voters. The number of registered voters has been very suspect but what really matters is that 4613 ballots were cast. In all 4 categories the vote was approximately

60% voted FOR Liquor sales in all 4 categories

40% voted AGAINST Liquor sales in all 4 categories

Tenants are gone

2009-08-12T10:37:00.000-07:00

We no longer have the tenants. Someone came in the night. So sad. They left one egg but I really don't believe that it will hatch. Nature can be hard to deal with just as people can be difficult. Understanding is needed in both cases. Tomorrow will be another day and hopefully someone else will come live in the the nest.

Tenant will fly away

2009-08-07T10:04:00.000-07:00

WE Have a new tenant living just outside our office. They moved in about 7 days ago. They have no lease and will probably fly away . We are so excited to have them here. They are so nice and are truly a blessing to our office.

2009-08-05T09:39:00.000-07:00

What happens to the security deposit when a tenant moves out. Depending on the state laws and the lease agreement, but in general the tenant will receive their entire deposit back minus any repairs for damage. In the state of Georgia, once the tenant has vacated the property and turned in the keys, the landlord has 3 business days to inspect the property and notify the tenant if there are any repairs to be done which were caused by the tenant or their guests.

This is where things can become complicated. The tenant had lived in the house for 4 years. He had taken good care of the home. His teenage daughter has spilled something on the floor in a bathroom and admits that even though he had it professional cleaned, he would be responsible for replacing/repairing the tile.

After inspecting the house, we found that the tile indeed would need to be replaced. There was additional minor damage that would be considered "Normal wear and tear. Now the owner is expecting to take most of the tenant's security deposit to handle all the repairs. We are now in the middle of a situation that both parties are not happy.

2009-07-20T12:23:00.001-07:00

This just came into my email account and I just had to pass it along.

I threw out a mother years ago as she was left in a garage and in my opinion (not knowing momma was in there) all the items appeared to be trash. The tenant sued me for throwing mother out, as well as some other junk (which he admitted was junk). I felt bad that momma got spread at the dump but the judge did dismiss the case as I could not have possibly know she was in there and she was not actually thrown out until 7 days later as it was a low priority make ready and the tenant didn’t call during those 7 days get access for the junk or momma. Sometimes tenants can really give you a curve ball.

2009-07-20T12:09:00.000-07:00

Being a member of NARPM(National Association of Residential Property Managers) gives me an opportunity to learn from my peers. We have what is called a list serve where we email each other and ask questions. We try to respond to situations that we may have dealt with in the past. One that was interesting to me was when a tenant moves out and leaves food in the refrigerator but has the electric turned off, how do you get the smell out of the refrigerator. There were many different answers. Everything from Baking soda, coal & Clorox.

This was the latest.

In the “I thought I’d heard it all” department:

We got a call this morning from a tenant who stayed for a month in one of our vacation rental properties. She is looking for her mother and thinks she may have left “Mother” at the rental property. Turns out mother died and was cremated during the daughter’s visit to the Monterey Peninsula, and the daughter had her ashes in a box, which, upon returning home, she cannot locate.

Sure hope the housekeepers didn’t throw anything away . . . there is now a new tenant in the property .

Responses from her problem.

look in the trunk of the car....... that is where a friend of mine found her husband.

Evict the new tenant for too many occupants and charge the old tenant for improper cleaning for not cleaning the ashes

We try to have a laugh now and then just to make sure we are still sane.

2009-07-02T10:14:00.001-07:00

Summer is definitely the time for crazy people. It must be the heat. Here are the things that I dealt with yesterday.

1. Owner calls and says that tenant has moved out of Unit F and did I know that.

2. An owner who I terminated the management agreement wanted to know what happened to his couch and chair. The tenant has moved out and had taken the couch and chair which had been given to them by the owner and now the owner wants to be an Indian Giver.

3. Tenant had to move out of a house temporarily until repairs were made. She did not think she should have to pay rent or electricity at the temporary house.

4. Tenant calls and says she doesn't want to live with her live in boy friend any more and wants to get out of the lease. How does she do it?

2009-06-24T07:08:00.000-07:00

The crazy's are still out there. It seems like the month of June is for Crazy people. This morning I went to a hearing to have an existing tenant evicted. One of them falsified their rental application and the other one was arrested for stealing prescription drugs from the next door neighbor. They wanted 3 weeks to move out!! Do you think that they would have paid the rent during that time? The judge gave them 9 days.

2009-06-17T09:06:00.000-07:00

The crazy people are out!! Watch out. I had an appointment with Carolyn Phillips at 1 pm today. She was interested in renting something in August,September and October. There was a possibility she wanted to rent longer and wanted to discuss with me her options. She got to the office 5 minutes early. Andi, my assistant greeted her and told her that it would be just a few minutes before I could see her. She said that if I did not come out right now then just forget it. She left!!

If she comes to your office would you mind telling her that I was in the bathroom and I am sorry that I could not finish fast enough to suit her!!
Your Professional Landlord

2009-06-11T09:16:00.000-07:00

Vacation- Vacation Rentals that are doing well are the ones that have reduced their rates to bargain basement prices. Everyone wants a bargain. They are expecting the Tah Majal for Motel 6 prices. This is a difficult time for owners and property managers. Trying to decide what rate will bring people to the table without giving away the farm in the process.As always, the lake front properties are the most popular but there are still people looking for nice clean homes.

Cleaning has been our biggest problem. There is now a solution. For the past 6 years we have struggled with cleaning. We would pay someone way too much and still not get a clean house. Lynda does not like to go clean up after the maid!! We hired several and gave them a GUARANTEED Salary each week. That did not work. We paid for cards to be left at the homes, hoping that if the maid did a good job they would get a tip. The tip part worked but the maids didn’t work!! One of the problems is, “What is your perception of clean.”

Now we have gotten a little creative. We are thinking outside the box. We now have Adwoa(pronounced Ad Jew Wa) from Ghana. She is absolutely delightful. She will be cleaning our vacation rentals and also homes that have not been cleaned properly by departing long term tenants. She just arrived on June 2 at 11:15pm at the Atlanta airport. Lynda was not doing her best on June 3rd. They did not get back to Hayesville until 2:30am.

Long Term We are leasing properties which is the good news. The bad news for us and several owners is this past month has been extremely difficult. We are having owners going into foreclosure and some have been nice enough to let us know. Others are not so willing to keep us informed. Some are saying that they knew nothing about the foreclosure and others are just walking away and leaving us holding the bag. We feel very strongly that no matter what we still have a “Fiduciary” responsibility to the owner even if they leave us holding the bag. So when banks tell us we must do certain things and then refuse to give us any kind of documentation we are not very nice. We represent the owner until we have documentation that tells us otherwise!!!! Bankers are being overworked and are cutting too many corners. So this is what we do to earn our fees plus a lot more.

There is a full moon right now and we believe it has been a full moon for the past month!. We have gone to court with a commercial tenant in Murphy who says the only reason that he has not paid his rent is because “Lynda is mean”. We got the judgement!The magistrate had a hard time holding back his laughter. Also this month we began proceeding on a tenant who had been going to lots and lots of doctors and getting lots and lots of pills. You can see where this is heading. Police were called when this tenant decided to go into the neighbors house and steal her pills. What a life!! Someone has to take care of these properties and Mountain Manager is determined and dedicated to doing so.

You can sleep at night knowing that we are here as “Your Professional Landlord”

2009-06-04T12:45:00.000-07:00

Property Management has its ups and downs. Right now is a very trying time with foreclosures and bankruptcies. We have changed how we approve tenants. Never before would we allow someone with a bankruptcy to rent one of our properties. Now it is common place. There are so many bankruptcies and foreclosures that you have no other choice. Most of these people are good people and have no other choice. It is a very sad time.

2009-05-27T14:07:00.000-07:00

The petition for Clay County has been certified. They have 27 additional signatures. This means that there will be a special election in September. On the ballot will be do you want alcohol sales in Clay County!!

This was in the Associated Press: Buried in a housing law signed last week by President Barack Obama are protections that will help thousands of renters stay in their homes — at least for a while — after their landlords have been foreclosed on.

The law allows tenants to remain in their foreclosed rentals through the end of their leases and then 90 days after that before being forced to vacate by lenders. Renters without leases will have 90 days, a big improvement over what most received before: almost no notice at all.

“Until this law was enacted, there had been no national protections for any of these households,” said Linda Couch, deputy director at the National Low Income Housing Coalition. “This gives renters time to adjust their lives.”

This is an excellent law. I have already had to deal with this and it is such a problem for tenants.

Liquor sales in Hayesville

2009-05-20T12:08:00.000-07:00

For the past couple of months there has been a lot of activity in Hayesville. There are petition going around to have liquor sales in Hayesville. They need approximately 2900 people to sign the petition in order to have this issue put on the ballot to vote. There has been much controversy over this issue. The "Church group" thinks that liquor is bad and should not be allowed in the county. The other side feels that Clay County needs these additional dollars coming to the county instead of going to Towns County and Cherokee County. The petition now has approximately 2500 signed and confirmed signatures. The deadline for having the 2900 signatures is June 1 if they do not have all the signatures they will have to start over again.

This has been a very interesting event to watch. I personally hope it passes. Clay County needs the additional income as many counties do in this difficult times.

2009-05-15T08:08:00.000-07:00

What a month!!! Banks are going crazy and not being very nice. Everyone is in the defensive mood. My company is in a rural area and has not been effected with the quantity of foreclosures like in major cities. Most of the foreclosures have been on homes that are spec home s and have no one living in the houses.

In the past few weeks I have dealt with 3 different banks and they all have an attitude. The latest one called me and said they want me to begin paying them the rent on an apartment complex. I asked if they had foreclosed on the property and they said no but they have the right to collect the rents because the owner had signed a deed of trust securing future advances. I asked for the documentation and this arrogant banker said, "You don't need documentation. Just send the rent". Not a very nice way to deal with people, is it?

2009-05-07T08:43:00.000-07:00

Who would you think would be responsible for replacing/repairing the locks on this house? Here is the situation. Tenant comes home and all the doors have been vandalized and she can not get into the house. She calls us to come fix the locks so she can get inside. She then called the police to report the crime.

Here is the answer. Since she filed a police report, the owner was responsible for the damage. If she had not filed a report then she would be responsible.

Later on she told me that her ex husband had admitted to doing it but there was no way to prove it since it was her word against his.

2009-04-30T12:08:00.000-07:00

Question: What do I do if a neighbor's tree is hanging over in my yard and it is damaging my car.

The owner of the tree is NOT required to trim his tree off of the neighbor’s yard. You cannot prevent them from trimming it. You are allowed to trim or cut the neighbors tree up to your property line, provided it does not cause irreparable long term harm to the tree. They are NOT allowed to come on your property to conduct the work unless they have an easement. The power company has an easement and can enter your property to trim trees, but the easement is their property, sort of. The power company will usually inform you that they are entering your property, but they are not asking your permission. In addition, you must use know safe trimming practices to prevent further damage to the tree. For example, if your cutting killed the tree you might have a liability issue. Unsightliness is not the issue, only death of the tree. If your tree is hanging on some one else’s property, you are not required to trim it off their property. That was just the way the tree grew. You cannot prevent them from trimming it off of their property.

Update on the rental market in the mountains

2009-04-22T12:15:00.000-07:00

Long term rentals- They are picking up and something surprising is that we are renting $1000 a month and $325 a month units. The units in the middle are having a hard time right now. For the first time owners are reduce the rent on an existing tenant in order to keep the tenant in the unit. Tenants are shopping and negotiating lower rents. Please keep this in mind as leases are expiring on your properties. In March we rented 5 properties and just in the 7 days of April we have leased 2 houses and have 4 more applications that will probably become new tenants.

Vacation Rentals-Here is a very interesting article in the Wall Street Journal about vacation rentals all over the country. This definitely applies to our area. If you can not pull this up then go to http://www.nytimes.com and then do a search for 2009/03/20 second-home owners-everyone into the rental pool.

http://travel.nytimes.com/2009/03/20/greathomesanddestinations/20Rent.html?fta=y

2009-04-15T12:59:00.000-07:00

Foreclosures are now becoming a problem in the Mountains. Tenants have no rights once a home has been foreclosed. Some banks are being cooperative but not all. Today I had a phone call from a locksmith who wanted to add a lock to a property I handle. I ask why and he said that the bank wanted access to the property. I told him that the property had not been foreclosed so the bank did not own the property and had no right to change the locks. His boss called later and tried to get me to allow the lock change. I still represent the owner and have a fiduciary responsibility to protect his interests. I told the boss NO!!

2009-04-09T07:23:00.000-07:00

Question: If the owner/landlord loses the home I rent to foreclosure, what happens to my lease?

Your Professional Landlord's Answer: Unfortunately your lease is no longer valid. The bank now owns the property. In this day and time, the banks are trying to work with the tenants and allow them to stay in the home.

2009-03-28T13:19:00.000-07:00

Question: An owner calls up and says, "I want to put a storage building on the rental house that you handle for me. Please tell the tenant that I will be doing this."

Your Professional Landlord's answer. I will be more than happy to contact the tenant and make sure this is ok with them. Remember they have leased the property and have all rights to it. They will need to give you permission to do this.

Question-Tenant wants to pay 1 year in advance on the rent and get a discount for doing this. Can you do it?

Your Professional Landlord's answer. You can but probably will not want to do this. You are at extreme risk by doing so. First it is harder to get the tenant out if there is a problem. Second, you do not want to pay the owner because if there is a problem and you have to refund the money then you have to go back to the owner who may or may not be willing to give you the money back or worse the owner is in foreclosure.

Question- House is leased and the owner of the home goes into foreclosure. Is tenant's lease still valid?

Your Professional Landlord's answer. No. The tenant has no rights and the lease is not valid.

2009-03-16T06:39:00.000-07:00

Who would have thought that commuting to work in this beautiful mountains would be so difficult. I moved to the mountains 15 years ago and learned very quickly that it would take at least a year for me to become “Countryfied”. I was still “Cityfied” and I had to learn how to slow down and not let that road rage come into play in the country. One of the first things that I learned was that you don’t honk your horn at other people in cars. They will make that left turn even if they don’t have their bleaker on to show they are turning. They may be driving slower than you would like but you will just have to have a little patience.

It is hard for “Cityfied” people to understand what it is like to deal with the problems of commuting in the country. Last week I was on my way into work, I had an appointment in 20 minutes and all of a sudden, on Hwy 175, there were 7 deer crossing the road. I stopped. They watched me. I watched them. Other cars stopped and they watched. What a magnificent sight. No where else could you enjoy such a sight. We all waited for them to cross the road and our appointments would just have to wait!!

Hiawassee/Hayesville Vacation rental market

2009-03-06T10:53:00.001-08:00

Property management companies are hurting also in these trying times.

Those of you that are licensed in North Carolina get the North Carolina Real Estate Commission newsletter. When you go to the back section to see the list of "Bad guys in Real Estate" you may not have noticed that of the 45 violations Property Management had 16 and all others were 29. Most of the violations were related to trust account discrepancy.

When you look at the way things are now it makes sense but 1 year ago you did not see it coming. I know that I did not see it coming. In large metropolitan areas the rental market is going crazy. In small rural areas where there is no industry and there are NO jobs, it is a totally different situation.

We do have good news here. Snap On in Murphy is hiring 50 new employees. Young Harris College is hiring Professors and some want to rent before they buy so they come to us.

Mark your calendars for April 18th. Mountain Manager & Associates will be having a seminar for "Investors/Landlords". We will have various speakers that will discuss everything from

Your legal nightmare-Mold to How to Screen a Tenant.

I must share an amusing story about Lou Anne Reagle, one of our property managers. While Lou Anne was out showing property recently she came in contact with a local who wanted to rent one of our homes. He said that he had chickens and he hoped he could bring them with him. Lou Anne (still somewhat “City-fied”) said she would have to check with the homeowner's association and see if it was acceptable. He (definitely “Country-fied”) then said, "All I really care about is coming home after work, have a beer and then go outside and fluff my chickens". Lou Anne spent the next couple days talking to local farmers asking them what “fluffing” their chickens was and thinking this was a local slang. As it turned out, he didn’t rent from us. Our lease has a no “Chicken Fluffing” clause.

Hiawassee/Hayesville Vacation rental market

2009-02-26T08:05:00.000-08:00

For the past several years the vacation rental market has been tight in Hiawassee, Georgia and Hayesville, N.C. Several factors are involved. First the over supply of vacation rentals from the baby boomers coming to the mountains purchasing cabins and homes to rent. They expect the rental market to be 6-9 months just like Florida rentals. That is not the case. Secondly, the lack of rain in 2007 did not help either. Lake Chatuge was down so far that some homes on the lake did not have enough water for a boat to go into the dock. Guests were not happy. Third the economy has drastically effected people coming to the mountains. Gas prices have not helped either.

The good news is that 2009 the lake is at a good level, gas prices are reasonable and we have some great homes to rent for the summer. Here is a list of the Chatuge-lake levels

4/05 1921

4/06 1923

4/07 1919

4/08 1921

2009-02-25T10:54:00.000-08:00