Posts Tagged ‘state laws’

NO MERCY – How To Kick Out a Tenant

Friday, April 3rd, 2009

To kick out a tenant you first must give them a Notice of Termination.

You can kick tenants out who are on a month-to-month lease simply by giving your tenant 30 days’ advance written notice. The form is called a 30-Day Notice.

First though, you need to check your local laws. For example in some cities in California, the following special rules apply to 30-day notices:

1 – Subsidized housing programs may limit allowable reasons for eviction, and may require that the notice state one of these reasons.

2 – Some rent control cities require “just cause” for eviction, and the landlord’s notice must state the reason for termination.

3 – Some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory.

Forms very from state to state but there are basically three types of Notice of Termination forms you use, depending on your circumstance, to kick tenants out.

1 – Pay Rent or Quit notices: This notice is given to a tenant who hasn’t paid the rent. The Pay Rent or Quit notice tells (more…)

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The Biggest Problems You’ll Have With A Security Deposit And How To Overcome Them All

Saturday, February 14th, 2009

How to Handle a Security DepositYou need set a security deposit high enough to protect you from tenant damage or default. The security deposit serves as the protection you need before turning your rental unit over to a tenant.

A higher security deposit helps motivate the tenant to leave your property in good condition as they want some of their security back. It also can be used to cover the tenant’s unpaid rent or to reimburse you for costs associated with getting the unit back in rental condition and on the market.

If your security deposit is too high it will be hard to rent out your home.

State Laws Regulate Security Deposits

You have to becareful when dealing with security deposits. State laws limit the amount of security deposit you can collect and also how you return this money to your vacating tenant. The State has what they call “unlawful deductions”.

Here’s a good rule of thumb when setting the amount of the security deposit. If the monthly rent is $1,500 per month, charge a $1,500 security deposit if they don’t have pets. If you set the security deposit to the same amount that you charge for one or two months’ rent, you are fine. The limit varies in each State depending on whether the rental is furnished, whether the tenant is on a lease or a month-to-month rental agreement, whether the tenant has pets, what kind of beds the tenant has (i.e. waterbeds), and whether the tenant is a senior citizen.

In most rental markets, the prevailing security deposits charged in your neighborhood are well below the maximum amount allowed by law.

I recommend that you collect as much as you can for a security deposit without violating law. If your rental unit goes for $500 a month, collect a $1,000 security deposit if possible. The reason that you should try to collect as most as you can for a security deposit is because the security deposit not only protects you in the event of tenant damage and unpaid rent on move out, but it is an important psychological tool motivating the tenant to do his best to put your rental unit back in good condition when he moves out.

Never waive or lower the security deposit. If the prospect has good credit but (more…)

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