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Property ManagementWhen You're the Noisy Neighbor When You're The Noisy Neighbor Thanks to home offices, computer/game rooms and improved entertainment centers, Americans are spending more and more time enveloped in home activities. While having access to all that we need under our own roof is convenient, it can also be noisy. If you live in an apartment or condominium community, you share most of your walls with neighbors. Because of this, you should be extra careful about the amount of noise you make. If neighbors have made complaints about the noise coming from your apartment, there are certain things you can do to avoid that eviction notice. Place vibration mounts under major appliances: You can find these at your local hardware or appliance store. This will absorb some of the sound normally caused by the vibrations of your washing machine/refrigerator/washer/dryer etc. Place foam pads under small appliances: These work in the same way that the vibration mounts do - just on a smaller level. Use window drapes: fabric absorbs sound, so the more of it you use, the less noisy your home will be. Most leases have a clause stating that the floors must have 90% carpet coverage for this reason. Seal holes or cracks in doors and windows: For doors, you can purchase regular weather stripping from a hardware store. You can use this stripping indoors as well as on doors leading outside. This is a great solution to a noisy laundry room or bathroom. To seal windows, you can use inexpensive clear caulking. Replace metal garbage cans with plastic cans: This is pretty obvious. The smaller the area, the more concentrated the noise becomes. If you have metal or aluminum garbage cans banging around, the sound will be much more intense than a plastic container. Purchase quiet appliances: Some home appliances will claim to be quiet or low sound appliances right on the box. If you’re going to buy new appliances anyway, you may as well look for ones that are quiet. If you want to go the extra mile (and your landlord is okay with it): Install padded carpeting to absorb sound: It might not cost as much as you would think. Many carpeting companies hold on to what they call “remnants” which are basically leftovers from big jobs. Maybe 5’ x 5’ is a scrap to a big homeowner, but could cover your entire living room. You can get lush, thick carpeting for a fraction of the original cost this way. Installing good carpeting will not only reduce the noise within your apartment, it will block outside noise and will provide insulation. Good insulation helps to reduce electric bills - so even if the cost of carpeting seems steep, you’ll probably see that money again in savings. Install vinyl tile or thick linoleum to absorb sound: Again, you might think this is a little much... but if you were planning on re-doing your bathroom anyway, you might want to invest in material that will look good AND absorb sound. If you have received any complaints about the noise coming from your apartment, and you follow any of these suggestions, it is a good idea to document the change(s) made. This way, if you are confronted about the noise coming from your apartment again, and are threatened with eviction, you can prove that you have attempted to reduce the noise level. How Much Rent is Too Much Rent? You want what every apartment renter wants: the most comfortable surroundings you can get for the lowest possible monthly rent. Some of today's newly constructed apartment communities have taken luxury to an entirely new level. Some complexes have gas fireplaces, TV monitors by the front door, drive-through mail service, and office equipment for their tenants, among other creature comforts. Every renter has to consider the importance of amenities like these. Are they important enough to you to merit a rent increase of perhaps $200 more than the rent you pay now, at a modest yet affordable complex? While some of us consider an apartment as just a place to hang one's hat, others place a premium on home surroundings. But how do you determine how much you can stretch your budget -- without ending up in the poorhouse in the process? One suggestion, provided by Metropolitan Life Insurance Company, is to spend no more than 25 percent of your monthly gross income on your rent. For example, if your annual salary is $30,000 per year, or $2,500 per month, you shouldn't plan to spend more than $625 per month on rent. And although it goes without saying, it's important to remember that the extra money you allocate for rent in a slightly more upscale complex means less money for your other expenses -- utilities, loan payments, entertainment, food, and most important, savings. Here's a short checklist of factors that you'll want to consider when checking out a neighborhood. Of course, some of these factors may mean more to you than others, and you may want to consider some additional factors of your own.
First-time apartment renters share one thing in common: surprise at just how many hidden expenses they encounter. Hiring movers and paying your first month's rent only represent two small pieces of what can be a rather expensive pie. In addition, you're going to be subjected to a credit check, and you're required to prove that your gross monthly income is at a certain level, in order to provide your complex with some degree of security that you can pay your rent each month. So if you've overestimated your financial abilities in the past, either failing to make rent payments or credit-card payments, now is the time when that history could come back to haunt you. Here's a brief run-down of some of those hidden expenses -- and pre-move procedures -- of which many renters either aren't aware, or that they overlook in the excitement and bustle of moving: Security deposits. Security deposits range from $100 to a full month's rent; the average deposit is approximately $250. Some apartments require separate deposits for roommates. Credit application fees are generally $10 to $35. Verifiable income. Verifiable gross monthly income is at least three times the monthly rent. For example, a rent of $500 would require a minimum of $1,500 gross monthly income. Credit check. A credit check will be conducted by the apartment community or management company representing the community. Rental history. Any previous rental history will be verified, and mortgage payments may be included as rental history. Additionally, some communities are also conducting criminal background checks. Leases. All apartments require a written lease. Lease terms typically are seven to 12 months. Most leases are written for 12 months. Shorter lease terms and month-to-month options often are available at premium rates. Utilities. You rent will often include sewer, water, trash, and pest control. Gas and electricity are almost always paid separately by the tenant. Pet deposits. Although many apartment complexes allow pets, they require residents to pay dearly for the privilege of setting up house with Fido. Pet deposits are stiff, and tenants are charged per pet. Deposits range anywhere from $100 to $300 per pet, and either all or a portion is nonrefundable. Some complexes charge additional rent for pets -- on top of the deposit. Pet size is commonly restricted to 20 pounds and 12 inches in height, although some communities do allow larger pets. Keeping Your Apartment Safe Crime prevention techniques are as easy as 1-2-3... 1. Love Thy Neighbor. You might hate living next door to the rehearsal-happy members of local band “Throbbing Metal”, but you should think twice before reporting their screaming lyrics as a nuisance. If someone’s breaking in to your home and you aren’t there to do anything about it... wouldn’t it be nice to have those angst ridden rockers on your side? An apartment community is just that... a community. Neighbors should watch out for each other. Get to know your neighbors and let them know that you’ll watch out for them if they do the same in return. Consider exchanging phone numbers and other contact information. You might even consider organizing a local tenant organization. 2. Insure your stuff. Many people are under the false impression that the landlord is responsible for anything stolen from their complexes. The landlord is responsible only for the building itself, NOT the possessions inside. The value of Renter’s Insurance simply cannot be stressed enough. For a nominal fee of about $300.00 annually, your possessions can be insured in case of burglary or any natural disaster. If $300.00 seems too steep, at least engrave or mark and inventory all valuables. You should mark all valuable belongings from your T.V. to your car radio with your state abbreviation as well as your driver’s license number. This way, you’ll have a little bit higher chance of finding your belongings in the event of a break in. 3. You need to make sure that your property manager has fulfilled all of his duties. If he has not done one or more of the things on the list below, it is your responsibility as his tenant to make sure he does. Management is responsible for:
Although management is responsible for maintaining some security items in Apartments, it is up to the tenant to ensure their own safety. Make yourself aware of crime prevention techniques and practice them. Rental Concessions a Landlord May Consider Here's a chance to get inside your landlord's head to see what he or she may be thinking about rental concessions that may be offered to you in the current economy. The information could help you negotiate a rental contract to better fit your budget, but keep in mind, the information is not carved in stone, rather concessions your landlord may or may not be considering. "No matter what they choose, renters should always be aware that market conditions dictate concessions and also what happens when that lease expires. A concession now does not guarantee that same deal at renewal time. Caroline S. Latham, CEO of RealFacts, a Novato, CA-based multifamily housing market research organization, recently released information explaining how concessions affect property owners' bottom line and why they may or may not choose to use them. In the past year and a half, the soft economy has forced some lenders to attempt to stem the tide of rising vacancy rates with rental concessions. "There is no one best method of offering concessions, or accounting for them. The choice may depend on the owners' investment strategy," Latham said. Reduced security deposit Some landlords offer, say, a "$99 move-in special," instead of requiring a full month's rent as a deposit. For the tenant, that means a move-in cost savings of hundreds of dollars. Landlord's using this concession do so, however, with the risk that they may fail to recover money for damages to the unit, especially if the tenant skips before the lease is up. "There are, of course, legal methods for recovering such damages, but the security deposit makes it quick and low cost," Latham said. Good tenant screening can mean nil to the bottom line, she added. The concession may be a good deal for someone who needs a cash boost at move-in time, said Thibodeaux. Free perks Landlords can also choose to drop the extra charges levied for some amenities including washers and dryers in the units, broadband communication, garage parking, etc. Fee amenities typically are chosen only by a small percentage of all renters and while the fees will lower the gross scheduled income, it won't show up on the gross scheduled rents. Short-term, cash-poor renters may like the idea that they can have clean clothes, sheltered parking and other extras without the cost. Rent reduction The third type of concession may be popular among renters who want a long term lease -- a rent reduction in return for signing a lease of a certain duration. Latham said common examples are two or three weeks free rent for signing a six-month lease and four to six weeks free rent for signing a one-year lease. Some landlords offer the free weeks up front. Without the concession, the unit might remain vacant all month anyway. The unit is economically vacant for the first month, as it would have been if it had remained physically vacant, but thereafter it is rented at full price for the life of the lease, says Latham. Other companies prefer to pro rate the concession over the life of the lease, reducing each month's due rent by the appropriate fraction. This approach reduces the impact of a few bad months by spreading it over a longer period. It may take up to a year to burn off the concessions. During that time the market may warrant fewer such concessions, but the landlord will already be locked in. "Many people want to keep the rent as low as possible for as long as possible and would choose the concession that is spread throughout the term of the lease. That may be a good strategy where it is somewhat unlikely that there would be a huge bump in the rent at the end of the lease," said Thibodeaux. The Rental Game: What Are The Rules? What do you do when the dishwasher has spewed soapy water across the kitchen floor and leaked down on your neighbor below? Who's responsible? The landlord or the tenant? Across the country, tenant law differs as much as the geography. Nevertheless, some principles remain the same regardless of the local nuances of tenant and landlord rights. One of the first places to visit is the landlord/tenant area posted online by Cornell University's Law School. Commonly speaking (because the biggest problem I find with legal websites is that they don't speak in such basic terms) there are certain rights reserved for the landlord and certain rights reserved for the tenant. Tenants, says Cornell, have "a property interest in the land...for a given period of time." The lease reflects the length of the landlord/tenant agreement and what the tenant is allowed to do with the property. "The lease," says Cornell, though not historically or strictly a contract, may be subject to concepts embodied in contract law." "Basic to all leases is the implied covenant of quiet enjoyment. This covenant ensures the tenant that his possession will not be disturbed by someone with a superior legal title to the land including the landlord," according to the site. Now, I bring Cornell's Web site to the forefront as it is an official sounding, and at most of all, reputable place, for all of us to seek out what the law says. However, a site based in Cleveland puts the responsibilities of landlords and tenants into simple language. NeighborhoodLink is a product of Levin College of Urban Affairs, a part of Cleveland State University. An easily navigable site with plenty of information on rental laws in Cleveland, the site also includes form letters for tenants who must deal with unresponsive landlords. (This is a very cool part of the site -- check it out. Nevertheless, the lists of landlord and tenant duties found here give a simple approach to who's responsible for what in a lease agreement and are generally relevant across the country. Here are a few sample landlord duties from the site:
And what about tenants? The school says that tenants have an obligation to:
Oh -- who is responsible for that leaky dishwasher? Most likely, the tenant has an obligation to limit the damage by shutting off the machine and drying the floor. The landlord who supplied the appliance should have it repaired or replaced as soon as possible. Keep in mind, tenant laws differ by jurisdiction. For details regarding your area, speak with local realty brokers, attorneys, and housing offices. What Makes People Move? Do you have a new job? Want more space? Want to own your own home? Move closer to relatives? Want a change of scene? How about - do you want to move away from your relatives? Believe it or not, moving away from relatives was the number three reason cited for moving according to a new Internet survey. Clyde and Shari Steiner, authors of The Complete How-to-Move Handbook, compiled a comprehensive survey targeting people who pay for their own moves. The Steiners are self-styled moving experts having been through 15 relocations themselves. They gathered the information to use in their book, and it is available to read at their site, www.movedoc.com "You would expect leaving friends and family would deter people from moving, but 75 percent more in our nationwide survey said they wanted to escape instead of moving closer," comment the authors. The survey information was self-selective, and the results were calculated on the collective data gained from a total of 432 moves. The top three reasons for moving were to take a new job (8.18%,) get a better home (7.55%,) or to move away from friends or relatives (7.55%.) Only 5.66% wanted to get closer to family and friends. The number one reason people gave for leaving their present home was too little space (45.8%). Dangerous neighborhoods or noise prompted another 29.2% to leave, and 29.2% others blamed a long work commute for their desire to move. The biggest advantage to moving, according to the survey results, is the change of lifestyle, with the second biggest advantage cited - making new friends. Of the respondents, 45.8% owned their own home. The Steiners admit that their results are far from scientific, yet the results are still intriguing. For example, 83.3% of respondents were women. According to the National Association of REALTORS® (NAR,) over 18% of homebuyers are single women compared to only 9% of men, a huge leap from a generation ago. Could the Internet and the housing industry be overlooking a potentially large demographic - the Internet-surfing female nomad? Who knows? According to the bi-annual home buying and selling survey released by the NAR, 42% of homebuyers came from rental situations, and 36% owned a single-family home and another 6% owned a shared wall residence, closely approximating the Steiner survey. The NAR lists the number one reason buyers made a housing change is to own a home of one's own (37%.) The majority of home buying appears to be voluntary. Only 15% of home buyers chose their new home because they were relocated, and no statistic exists which suggests that the move may have been forced by other circumstances such as debt. According to other results, 16% of home buyers wanted more space because of marriage or a growing family, 8% wanted a larger home for investment, tax deduction or a more upscale neighborhood. Only four percent wanted less space. Five percent of buyers wanted to be closer to jobs/schools/relatives. But do families buy homes to move away from their relatives? We don't know - that question is missing from the NAR's survey. What's your reason for moving? Be Secure With Your Security Deposit Tenants are usually not into maintenance, therefore they aren't as careful with their rented property as they would be if they owned it. They also tend to see maintenance as the landlord's job. So, in order to assure the landlord that any damages made to the apartment while you are a tenant will be covered, most apartment complexes require a security deposit. The deposit is usually equivalent to about two months rent. The reasons?
But what if the landlord claims you made that hole in the wall when you know it was there before you were? Nothing, really. At that point it's probably too late to fight back. According to MetLife, this is why you take precautions before you sign the lease. When you think you're going to live in an apartment, and it's almost a done deal, go around the apartment and check EVERYTHING for problems. Here's a check list of some of the major things you should check out/look for:
Door locks: Do they turn easily? Can you be assured the landlord re-keyed/replaced them since the last tenant? Smoke detectors: Are there any? Do they work properly? Walls: Are they marked, dented, scratched, or cracked? Pipes: Are they in good condition, or are they rusty? Leaks: Check under the kitchen sink, by the front door, the ceiling, and throughout the bathroom for water damage. Tiles: Are they all there? Are they in good shape? Doors: Are they evenly painted? Are they marked/dented/scraped etc.? Carpet: Is it fastened securely? Stained? Paint: Is it smooth or chipping off? If you see anything that could pose a problem in the future, you'll need to document it. The best way to do this is by taking a picture of the damaged item/area, and then making a log describing all of the pictures. Get the landlord to sign and date the log, and you sign and date it too. This way, you cannot be accused of damage you didn't do. Robert Irwin, author of The Landlord's Troubleshooter, published by Dearborn, offers some helpful hints: "It is absolutely necessary that you use precise language to describe any exceptions to 'clean and undamaged' that you write down. For example, there may be a mark in a wall caused by the previous tenant having hit it with a dresser while moving out. If you write down, 'back wall of bedroom is marked,' you could be in for real trouble. When this tenant moves out, that wall could be covered from floor to ceiling with marks and when you protest, the tenant will point to the walk-through saying, 'See, you wrote down that the wall was marked!'" In many cases, you can insist that the landlord make the repair before you move in, especially if it is likely to get worse, or put you or others at risk. If you do this before you sign the lease you will avoid future misunderstandings. Your landlord could be the friendliest person in the world and turn into a pit bull when it comes time to return your security deposit. So, make sure there isn't a fine print clause in your rental contract that allows the landlord to keep some of your deposit for "cleaning." Again, before you sign the lease, ask the landlord to define the conditions in writing under which you would get or not get your deposit back. Also, when your lease is up, plan to have the landlord walk through the apartment with you again. Compare the apartment to the pictures taken before and make sure you both agree on everything. Understanding what you need to do in order to earn your deposit back will go a long way toward parting company with your landlord on good terms, with your security deposit safely back in your pocket. Published: July 7, 1999 How To Avoid Renters' Regret When markets are tight, apartment-hunters often feel pressure to quickly sign a lease, to sign now before a unit is gone and the search must begin again. One result is that renter's regret may set in within a matter of days, concerns that go far beyond that small carpet stain or the dishwasher leak. As experienced renters know, the best strategy to avoid renter's remorse is time. Prospective renters need time to shop around, ask questions, look, test and contemplate before they sign a lease. One reason why time is so critical is that lifestyle issues play a key role in determining a tenant's satisfaction. Prospective tenants must consider how the apartment's location and layout will affect them. The answers to those questions often require not only time, but research that comes from asking the landlord about his/her policies, then asking tenants about their own experiences -- and the answers you get may be very different. Parking The landlord may tout that the apartment community reserves a spot for each tenant. But it's possible that tenants routinely invite guests who take those parking spaces for themselves. Are any spaces allocated for guests? And what are the penalties for parking in another tenant's space? If penalties aren't enforced and tenants are forced to park in fire lanes, towing will most likely follow -- and the tenant will be held financially responsible for reclaiming his/her vehicle. Laundry facilities Prospective tenants must ask whether each apartment unit is equipped with connections for a washer and dryer; or if not, if on-site laundry facilities are available. Accessible laundry facilities can have a significant impact on a tenant's quality of life. Traffic In an effort to make themselves marketable to young professionals seeking to reduce their daily commuting time, many multi-family properties are located along major highways and other well-traveled thoroughfares. The result is noise, sleep disruption, and pollution. The amount of traffic, too, can add significant time onto a tenant's commute, even if the apartment is located within relatively close distance to his/her workplace. And, speaking of traffic, if a car breaks down or public transport is preferred, how close is the property to reliable mass transit? Noise A prospective tenant should ask current tenants about noise -- whether it comes from other neighbors, a neighbor's dog, the resident swimming pool, nearby construction or an airport in close proximity. Penalties Tenants should obtain in writing the landlord's terms for giving notice, being late with the rent, or breaking the lease.
Hot water You need it and you want it, so ask current tenants if hot water is really hot and always available. Maintenance You want to view the apartment during the day, and you want to test all appliances before signing a lease. You say this is time consuming and picky? Better to check before signing the lease than later. In addition, ask other tenants what happens in the event an appliance breaks down. Was maintenance fast? Effective? Did workers clean up when they were finished? What if something breaks on a week-end? Closets A lack of closet space can force you to rent storage space -- a real cash cost in addition to rent. Practicality Hey that third-floor unit has a great view -- but what about dragging groceries upstairs? Or, the basement unit is sure convenient -- but what happens when it rains? There are lots of questions, so before choosing that next rental look around, let owners compete for your business, talk to current tenants, and most of all -- take your time. Packing Tips by Rent.com What you'll need: How to use them: Boxes Packing tape Markers When you're identifying a box's contents, be specific. "CDs" is clear enough, but a box marked "jackets," for example, could stump you come unpacking time. Outdoor jackets meant for a hall coat closet, or work jackets going into your bedroom closet? And don't even think about getting lazy and marking half of your boxes "misc." A notebook Keeping track of what's in your boxes will help you stay organized, and sane, through each stage of your move between apartments. Pre-move, you'll know what has already been packed. During the move, you'll know where everything is. After the move, you'll know which boxes to put in which rooms and where you've put everything. One final tip about the all-important notebook: Make two photocopies of the move information you've jotted down. Put one copy in one of your boxes and keep the other with you-but not in the same place as the notebook. This way you're covered in case you lose the list when you're dealing with all the other dramas of switching apartments. Wrapping supplies Bubble wrap offers great protection for glass items, like glasses and vases. Plus, popping those little bubbles will give you a much-needed stress release from the whole apartments-moving process. Stretch wrap can be wrapped around your furniture to protect it from dirt and scratches when it's being transported between the apartments and the moving truck. Packing paper not only offers your fragile items good protection, but it's great for crumpling up and filling in empty spaces in your boxes so the contents of your box don't scramble around. These things are great for packing, but don't forget about other handy household items that make great packing supplies, like towels, blankets, socks, and pillows. They'll provide great cushioning, and save you space and money. Scissors A tape measure And there you have it. Enough reading, now get moving. Unfortunately, these apartments don't pack themselves. Rental Tips For Any Market While renters looking for a home in some West Coast markets got a breather from escalating rents, some rental housing hunters in the East Coast and South were digging deeper into their wallets to cover the cost of housing. Price inflation outpaced apartment rent growth in much of the nation in 2004 but that didn’t keep some households from spending more than they'd planned, according to M/PF Research. In either case, apartment hunters who take time to prepare for the apartment hunt can maximize their chances of finding the best apartment at a rent they can afford. Carrollton, TX-based M/PF Research surveyed more than 3 million apartments nationwide and revealed rents fell by an average of 0.5 percent overall. In comparison, the U.S. Labor Department's Consumer Price Index -- a measure of inflation -- registered a 1.6 percent increase from December 2000 to December 2001. The greatest declines in rent came from the San Francisco Bay Area where rents plummeted more than 20 percent in 2001 in some markets after rising by as much as 33.8 percent in 2000. The declines were largely due to young workers and others with little time in the technology industry's work force suddenly finding themselves out of work facing record high rents and a general price inflation rate of 5.4 percent that was among the highest in the nation last year. Many of them either left town for a cheaper home or returned to school to retool their skills, in both cases pushing up rental vacancy rates. Other renters decided enough was enough and purchased a home to escape the often unrewarding cost of renting. Rent growth in both the Northeast and South was another story. The Northeast posted an inflation rate of 1.6 percent compared to rent increases that averaged 2.2 percent. In the South a 1.1 percent inflation rate was less than the 2.1 percent increase in rents, M/PF reported. It was worse in the East. Washington D.C.'s rents, up 4.9 percent, more than doubled that area's 2.2 percent rate of inflation. Houston registered a 4.7 percent increase in rents, compared to a 3.0 overall price inflation rate. Philadelphia's rents rose 4.4 percent as inflation jumped only 2.7 percent, M/PF said.
San Jose , CA's Tri-County Apartment Association prepared a list of rental home hunting tips at the peak of the Silicon Valley market when it wasn't easy finding a home and rents were at record highs. The same list is applicable for other markets facing high occupancy rates as well as cooler markets. · Approach your rental-housing search like you would a job search. Be organized, serious, professional, and make sure you stand out as the best applicant. You want to make a good impression and demonstrate that you will be a good steward for the landlord's property. · Contact your references ahead of time to be sure your information on them is current and that you have their permission to use them as a reference. · Keep your credit in good standing. Obtain a free copy of your credit report, correct any errors, and make sure what you say in the rental application is consistent with what the landlord will see on the credit report. · Be prepared with all the information you need to complete a rental application. That includes, full, prior addresses, bank account and credit card numbers, a list of references. Landlords will not respond to incomplete applications. · Consider preparing a renter's resume. You may have to repeat the information on the application, but you will stand out as well-organized and prepared. · Let all your friends and associates know that you are looking for a rental home and what you want in a rental home. Explore newspaper classified ads, renter magazines and the Internet for listings. Post notes on bulletin boards at public places you frequent. · Check the latest listings first thing every day, and call early. Respond quickly when a landlord calls you back. If you have a cellular phone, leave that number and have it on while you are out looking at other apartments. · If you leave a message on an answering machine, be sure to speak clearly and slowly, and repeat your name and phone number. Be available to accept or return calls, or state in your message when you will be available. · Know what you really want, and what you don't want. Be flexible with the rest of your criteria. Be prepared to decide on the spot and be prepared to leave a deposit and/or credit check fee. The 'Talk' All Roommates Must Have You've been putting it off for weeks. You thought you could avoid it. The mere thought of it makes you uncomfortable. But then he stepped over the line, and you could no longer avoid the inevitable: the big talk. No,not the birds and the bees. I'm talking about the all-important discussion between you and your new roommate. You should have had this talk before you even signed the lease or moved your belongings into your new place, but the apartment was too good to be true, and when you saw the view from the living room, the two of you threw all caution to the wind and pledged to be perfect roomies. Then you arrived home one night during your first week of roomies' paradise to discover a pile of wet towels on the bathroom floor and Spike, the bulldog your roommate forgot to mention ... the bulldog who hasn't exactly been housetrained yet. So before this scenario becomes your reality, sit down with your prospective roommate, and draw up the ground rules. It doesn't matter if you've been friends for years or if you've just met. Even the best of friends can become raging enemies after a few months of communal living. In fact, sometimes it's even better to "go potluck" because there's not as much invested in your relationship as roommates. If it doesn't work out, you'll both move on, and probably without hurt feelings. Regardless of how long you've known your roommate, however, your living arrangement will have the best odds of working out if you communicate early and often. You can't expect your roommate to be your clone, of course. It's inevitable that one of you will be an early riser, and the other one won't. One of you might enjoy socializing into the wee hours of the morning and coming home at dawn, just before the other one wakes up after a good night's sleep. It's when the night owl brings home his fellow partygoers that the line is crossed. Even if you can't predict your roommate ever doing such a thing, you must discuss these topics -- and more -- if you want to avoid tension within your 800 square-foot living space. Before you head to the department store and pick out your curtains or plan your housewarming party, sit down (over lunch, perhaps, to make the conversation a bit lighter) and ask each other the following questions: Consumption of substances · Does either one of you smoke? If one of you does and one doesn't, how do you feel about this arrangement? If you're a nonsmoker and you've never lived with a smoker, don't be so hasty to say, "It's no problem." · Do you drink alcohol, and if so, how often? If both of you claim to be social drinkers, define what the term "social drinker" means to each of you. Does one roommate avoid drinking for moral reasons? Is one of you a recovering alcoholic? If so, how would he or she feel if you had alcohol present in your home? · Does either roommate have a history of drug abuse, or does one of you use drugs occasionally? Lifestyle habits · Are you a "morning" person or "night owl"? If you have opposite habits, how will you respect those differences when coming home or leaving the apartment? If you're the morning person, how do you feel about guests coming home during the wee hours of the morning with your roommate? · How much time do you expect to spend at home? Will one of you be working at home full time? · Are you a "neat freak," a moderate neatnik or a slob? How about your roommate? If you're opposites, how will you come to terms with this difference? · How do you feel about overnight guests? If you agree that it's OK, you'll also need to agree to a time limit. More than one roommate relationship has been destroyed over a guest that won't leave. · How do you feel about boyfriends/girlfriends who stay over? How often would you feel comfortable with them staying at your apartment? Establish these rules very specifically, including how much time girlfriends and boyfriends are allowed to hang around during the daytime. Make the joint decision that no keys are to be duplicated either for girlfriends/boyfriends or for platonic friends. · Does either one of you own a pet? Does the other roommate have any pet allergies? Do you plan to bring home a pet in the future, either jointly or separately? Will you agree to make the decision together? And when you go your separate ways later, who will assume custody of the pet if you purchased it together? · How do you feel about playing music? The television? How loud? How late is too late? · How late is too late for incoming phone calls? · Will you have parties? If so, agree to host them as roommates. Agree that no parties will be held without the other roommate's consent. · Is quiet time important to you? How often? Property and household chores/obligations · How do you feel about your roommate using your possessions? Would you prefer to be asked permission first? · How will you divide groceries? Will you buy them separately and prepare your own meals individually, or will you cook meals together? Do you have any radical differences in eating habits/food preferences (for example, is one of you a strict vegetarian?). · How will household chores be divided? And what will happen if one of you fails to do his/her fair share? · How will you ensure that both of you produces 50 percent of the rent each month and on time? Perhaps most important, the two of you should discuss what will happen if any conflicts arise between you. Are you going to be able to reach middle ground and establish compromise, or will a battle of the wills ensue? The best roommate relationships, of course, are those in which either two friends remain friends while living together, or two strangers become friends while being roommates. Roommates can provide a sounding board for each other. Despite minor differences in lifestyles and habits, they can become confidantes if they communicate frequently and uphold their basic responsibilities. Even if the two of you don't hit it off as friends, however, consider yourselves successful if you're able to live together and remain pleasant and considerate of one another. Successful roommate relationships are excellent practice for real-world people skills that we need every day at work and in other relationships, most notably marriage. So, don't put off the "big talk" any longer. You'll be better roommates and better friends because of it. When to Fight for Tenant's Rights to Repairs Once you sign the lease to a rental unit, you are automatically entitled to certain privileges. Unlike homeowners, you are not responsible for making all repairs. Landlords are required by the Landlord-Tenant law to keep things a "fit and habitable condition" during your residency. If the landlord fails to do this, you may have to get a bit aggressive. Although the specifics of these requirements will vary slightly from state to state*, the responsibilities of landlords are generally the same. Some of the typical landlord responsibilities include:
If the landlord does not fulfill these duties, and you have been a responsible tenant (keeping all fixtures and appliances clean and undamaged), you need to be aggressive. Now by "being aggressive" I do not mean slashing your landlord's tires and leaving threatening messages on his or her answering machine. I simply mean that you shouldn't let your landlord convince you that the repairs "aren't that important" or that they'll "get to them whenever they get a chance." The first step you need to take is to let your landlord know there is a problem. This notice must be in writing and delivered to the person or at the place where the tenant normally pays rent. The tenant should keep a copy of this notice." It is incredibly important to have a written notice. Don't assume that your landlord will remember that you told him or her there was a leaky faucet in apartment 3G while you were walking by. Landlords are busy people! So, providing physical copy of a letter will actually help them remember there is a problem. Not only will this be easier on your landlord, but in case your landlord refuses to make the repair, you can use your copy of the notice as a defense. If you tried to take your landlord to court without a copy of the written request, you wouldn't have any substantial evidence to back up your claim. However, if you provide the judge with a typed, signed and dated copy of the request for repairs, the chances of getting those repairs made are much higher. A proper written notice should include a list of the problems, a reasonable date for completion (about thirty days) and it should be signed by you, the landlord and dated. Make sure both you and your landlord have copies with original signatures, and you might want to get them notarized. Most landlords will make the requested repairs, and you won't have to worry about anything after that. However, there's a chance that your landlord will continually put off the repairs or simply refuse to make them. This is when you must move to step two. The South Dakota Office of Attorney General provides one final remedy in the event that a landlord fails to make repairs. According to their laws on tenant rights & responsibilities, the tenant can "make the repairs on his or her own, in which case the tenant may deduct the expense for the repairs from the rent." This might involve going to small claims court, but if you have a copy of the signed and dated repair request, getting reimbursed shouldn't be too much of a problem. *To find out about landlord-tenant laws in your state, visit Tenant.net and select your state in the pop up menu on the top right hand side. Don't Lease a Home Without It: User's Guide to Important Lease Terms A lease or rental agreement sets out the rules landlords and tenants agree to follow in their rental relationship. It is a legal contract, as well as an immensely practical document full of crucial business details, such as how long the tenant can occupy your property and the amount of rent due each month. Whether your lease or rental agreement is as short as one page or longer than five, typed or handwritten, it needs to cover the basic terms of your tenancy. Which Is Better, a Lease or a Rental Agreement? A Rental Agreement establishes a tenancy for a short period of time, usually one month. A month-to-month rental agreement is automatically renewed each month unless landlord or tenant gives the other the proper amount of notice (typically 30 days) and terminates the agreement. The landlord may increase the rent, change other terms of the tenancy or terminate it on relatively short notice (usually 30 days)--unless local rent control ordinances specify otherwise. Many landlords prefer to rent month-to-month, particularly in tight rental markets where new tenants can be easily found and rents are trending upwards. The flip side is that month-to-month tenancies almost guarantee more tenant turnover. A Lease Obligates both the landlord and the tenant for a set period of time, usually a year. The landlord can't raise the rent or change other terms until the lease runs out, unless the lease itself provides for modifications or the tenant agrees in writing to the changes. In addition, the landlord usually can neither ask the tenant to move out nor prevail in an eviction lawsuit unless the tenant fails to pay the rent or violates another important term of the lease or state law. At the end of the lease term, the landlord can either decline to renew it or negotiate to sign a new lease with the same or different terms. Landlords often prefer leases in areas where there is a high vacancy rate or where it is difficult to find tenants for certain seasons of the year--for example, in college towns that are often deserted in summer. Not only should a lease be thorough, it should also be legal. Be sure your lease or rental agreement complies with all relevant laws including rent control ordinances, health and safety codes, occupancy rules and anti-discrimination laws. State laws are especially key, setting limits on security deposits, notice requirements for entering rental property, rules for changing or ending a tenancy and more. Here are some of the most important items to cover. Names of All Tenants Every adult who lives in the rental unit, including both members of a married couple, should be named as tenants and sign your lease or rental agreement. This makes each tenant legally responsible for all terms, including the full amount of the rent and the use of the property--meaning the landlord can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay. Limits on Occupancy Your agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their children. This guarantees the landlords right to determine who lives in the property--ideally, people that have been screened and approved--and to limit the number of occupants. The value of this clause is that it gives the landlord grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission. Term of the Tenancy Every rental document should state whether it is a rental agreement or a fixed-term lease. What's the difference between the two? Both rental agreements and fixed-term leases cover basic details such as tenants names and rent provisions; they differ mainly in the length of the tenancy they create. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last a year. Your choice will depend on how long you want to stay and how much flexibility you want in your arrangement. Rent The lease or rental agreement should specify the amount of rent, when it is due (typically, the first of the month), and how it's to be paid, such as by mail to the office. To avoid confusion and head off disputes, spell out details such as:
Deposits and Fees The use and return of security deposits is a frequent source of friction between landlords and tenants. To avoid confusion and legal hassles, the lease or rental agreement should be clear on:
It's also a good idea (and legally required in a few states and cities) to include details on where the deposit is being held and whether interest on the deposit will be paid to the tenant. Repairs and Maintenance The best defense against rent-withholding hassles and other problems (especially over security deposits) is to clearly set out the landlord and the tenant's responsibilities for repair and maintenance in the lease or rental agreement, including:
Entry to Rental Property To avoid tenant claims of illegal entry or violation of privacy rights, the lease or rental agreement should clarify landlords legal right of access to the property-for example, to make repairs-and state how much advance notice landlord will provide the tenant before entering. Restrictions on Tenant Illegal Activity To avoid trouble among tenants, prevent property damage and limit exposure to lawsuits from residents and neighbors, landlord should include an explicit lease or rental agreement clause prohibiting disruptive behavior such as excessive noise and illegal activity such as drug dealing. Other Important Rules and Restrictions If landlord does not allow pets, be sure the lease or rental agreement is clear on the subject. If pets are allowed, identify any special restrictions such as a limit on the size or number of pets, or a requirement that the tenant will keep the yard free of all animal waste. Any other legal restrictions, such as limits on the type of business a tenant may run from home, should also be spelled out in the lease or rental agreement. Important rules and regulations covering parking and use of common areas should be specifically incorporated in the lease or rental agreement. For more apartment and leasing issues, Click Here Published: April 15, 1999 How to Get Neighbors to Turn Down the Volume It's 2 in the morning. You're lying in bed trying to sleep because you have a big meeting tomorrow morning. You feel a pounding sensation in your head. At first, you think it's a headache. But then you realize that it's the funky disco beat blasting from your next-door neighbor's stereo, reverberating through your bedroom and rattling your windows. Before you pound on the neighbor's door and yell something you'll regret, or, even worse, resign yourself to living with the noise, try some more constructive alternatives. 1. Talk to Your Neighbor Your first step is to talk to your neighbor and try to resolve your differences in person. It's hard to believe, but sometimes neighbors are not aware that they are causing a disturbance. Even if you're ready to punch somebody's lights out, try a little sugar instead. 2. Get a Copy of Your Local Ordinance Your next step is to get a copy of your local noise laws. Most cities and counties have ordinances that control the times, types and loudness of noise. For example, many local ordinances prohibit unreasonable vehicle noise (like honking the car horn early every morning for a carpool) or dogs barking all night long every night. Noisy neighbors are in for a warning or even a fine. You can look up your local ordinance at city hall, a public law library or the public library. Make at least two copies of it, one for your neighbor and one for yourself. 3. Warn Your Neighbor in Writing If things don't improve, ask your neighbor again--this time in writing--to quiet down. Don't make threats, but state that if the situation doesn't improve you'll be forced to notify the authorities. Enclose a copy of the noise ordinance. Keep a copy of your letter; you'll need it if, as a last resort, you later sue your neighbor. 4. Suggest Mediation Most cities offer free or low-cost mediation services, which means they provide an impartial mediator who will sit down with you and your neighbor and try to help you resolve your differences. Just call the mediation service; someone there will contact the neighbor and suggest mediation. (These people are very good at convincing others to give mediation a chance.) 5. Call the Police If you have done all of the above and your neighbor has responded by turning up the volume, now is the time to call the police (or the Animal Control officer if the problem is a barking dog). Try to get the police to come while the noise is occurring. Of course, you can call the police on a noisy neighbor the first time the music gets too loud for your taste. But the police will be more sympathetic to your situation if they see that you have tried to solve the problem on your own. 6. Sue for Nuisance If all else fails, you can get your neighbor's attention-and maybe some money-by suing in small claims court. You can sue your neighbor for nuisance if your neighbor's noise unreasonably interferes with your enjoyment of your property. In the lawsuit, you ask for money to compensate you for the interference with your right to peacefully enjoy your home. Small claims court is easy and inexpensive, and you don't need a lawyer. You will need to show the following:
To prove your case, you can use police reports, witnesses, recordings, your own testimony and the testimony of neighbors or other witnesses. The amount you'll want to ask for will depend on how much the noise bothered you. Did you lose sleep? Were you unable to carry on your usual activities, such as reading, playing music or talking to friends? Decide on a reasonable dollar amount per day, and multiply that figure by the number of days you've been seriously bothered. The amount of money you can ask for in small claims court is limited, between $2,000 and $5,000 in most states. If You're a Tenant Noisy neighbors are always bad news. But when you share walls with the insensitive neighbor, the problem is especially vexing. The good news for renters is that, in addition to all your other options, you have built-in allies in the battle to keep your apartment livable: your lease or rental agreement and your landlord. Remember the lease or rental agreement you signed? Chances are your neighbor signed one too. Standard leases and rental agreements contain clauses that entitle you to "quiet enjoyment" of your home. A neighbor who is blasting the stereo in an unreasonable manner is probably violating the lease or rental agreement and can be evicted for doing so. If you warn your neighbor about the noise in writing and are sure that your lease entitles you to a reasonable amount of quiet, send a copy of the lease along with your letter. In your letter, tell the neighbor that the next complaint will be to the landlord or neighborhood association if the noise continues. If warning your neighbor doesn't work, go to your landlord. Most tenants don't like to complain to the landlord or manager about unreasonable noise or other nuisances because they are afraid of being branded as troublemakers. But other neighbors are probably bothered by the noise too. Get together with them and complain to the landlord as a group. It's easier and you might get faster results. Most landlords don't want arguments between tenants and won't put up with tenants who cause trouble by ignoring signed lease or rental agreements. Your landlord will probably tell the noisy tenant to pipe down or face eviction. Rent Deposits This briefing contains useful information about paying a deposit for a private tenancy i.e. how much you should pay and how to make sure that you get your money back when you leave. What is a deposit? A deposit is an amount of money you pay to your landlord at the start of your tenancy to act as security in case you leave the property owing rent or to pay for any damage or unpaid household bills at the end of your tenancy. Most landlords charge a deposit, which is the equivalent of one or two months rent. It is illegal for your landlord to charge more than the equivalent of two months rent. Do you get this money back when you leave the tenancy? Providing you give the landlord at least a months notice that you wish to leave and you have not damaged or lost any of the landlords property or left bills or rent unpaid you should get all of your money back. If you are at fault in one of these ways, your landlord can keep some of the deposit. They should only deduct enough money to cover their expenses. They should not withhold the whole deposit because you owe a small amount of money. What should you do to make sure you get your deposit back when you leave?
WHEN YOU MOVE OUT...
What can you do if your landlord refuses to return all or part of your deposit?
What is a small claim? A small claim is a simple court procedure used where someone owes someone else less than a prescribed amount. Hearings take place informally in an office, rather than in a court. How do you start a small claim? Contact local authorites in the sheriff, constable or clerk of courts office to find out the procedures. What happens next?
WHAT WILL HAPPEN AT COURT?
WHAT IF YOUR WITNESSES CAN'T COME TO COURT?
THE JUDGE WILL THEN MAKE A DECISION.
What if the landlord still doesn't pay? If your landlord still does not pay, there are various ways of getting the money from them - for example, by getting the court to take money from their wages, or by getting the court’s bailiffs to confiscate their goods. Sample Letter Landlords Name Dear Re: Tenants Address You will recall that when I took up the tenancy at the above address on (date). I paid you a bond of £xx, which by agreement should have been returned to me on completion of the tenancy. When I moved out on there were no rent arrears, unpaid bills or damage to the property. I am therefore requesting that his money be returned to me within the next seven days. Failure to do so will result in legal action for recovery of the outstanding monies. Yours faithfully, Tenant's Name Renting May Not Be Such A Bad Idea Recent years of home appreciation alone makes for a strong argument on the buy side of the rent-vs-buy debate, but renting or buying, in the end, is a very personal decision based on one's financial plans, goals and needs. To that end, the National Multi Housing Council has put a myth-busting spin on the perennial debate with an insightful brochure designed to help tip the scales over to the renting side. "The tax savings and investment potential associated with home ownership are often overstated, while the costs of owning and maintaining a house are frequently understated," says Douglas M. Bibby. But then he's president of the National Multi Housing Council. Even so, that's a gutsy statement given statistics from the Office of Federal Housing Enterprise Oversight (OFHEO).
Still, the council believes it has some tough pro-rental rebuttals in the new "Don't Buy the Myths: Renting Can Be a Smart Investment," consumer brochure. "The best kept secret in the housing market is that renting is often the better financial choice. Researchers estimate that nearly 20 percent of house buyers would have saved money by renting, while another report by Harvard University concluded that 'in many places, at many times, and for many holding periods during the past 15 years, renting made better financial sense than owning,'" says Bibby. Myths, says the council, prevent households from making the best financial choice when it comes to housing. The myths include:
Another gutsy statement given the relative weakness in the stock market compared to residential real estate appreciation. In any event, with the rate of home ownership nationwide approaching 70 percent, renting, for many households, remains a tough sell beyond using it as a temporary housing choice Things tenants should know · Take along a friend to view a property for a second opinion. |
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