Other Nolo Books and Products for Landlords

A lease or rental agreement is only one part of a landlord-tenant legal relationship. For example, many state (and some federal and local) laws are also extremely important. A comprehensive explanation of these laws, and the practical steps rental property owners can take to comply with them (while at the same time running an efficient and profitable business), is covered in Every Landlord's Legal Guide, by Marcia Stewart, Ralph Warner, & Janet Portman (Nolo).

It covers most key laws affecting landlords in all 50 states, including your repair and maintenance responsibilities and your liability for crime and environmental hazards such as lead; rules and procedures for collecting and returning security deposits; antidiscrimination laws; privacy rules; employment laws affecting managers; how to resolve problems with tenants or begin the eviction process; and more. Every Landlord's Legal Guide includes over 20 legal forms on CD and in tear-out form.

Nolo's other landlord titles include:

• Every Landlord's Guide to Finding Great Tenants, by Janet Portman, a comprehensive guide to attracting, screening, and choosing the best tenants possible
• Every Landlord's Tax Deduction Guide, by Stephen Fishman, a detailed explanation of deductions and other tax write-offs available to landlords
• The California Landlord's Law Book: Rights & Responsibilities, by David Brown, Ralph Warner, & Janet Portman
• The California Landlord's Law Book: Evictions, by David Brown, and
• LeaseWriter Plus Landlord Software.

You can order these landlord titles from Nolo's website (www.nolo.com) or by phone (800-728- 3555). You can also find Nolo books at bookstores and libraries.

Be sure to check out the Nolo website, which has lots of free information of interest to landlords, including legal updates. On the home page, choose Property and Money, then Landlords and Property Management.

11 Tips for Being a Successful Landlord

1. Don't rent to anyone before checking their credit history, references, and background. Haphazard screening too often results in problems -- a tenant who pays the rent late or not at all, trashes your place, moves in undesirable friends, or worse.

2. Avoid illegal discrimination. Comply with all federal and state laws prohibiting discrimination on the basis of race or color, national origin, gender, age, familial status, or disability. (See Chapter 3 for an overview of the topic and the special legal guide "Complying With Discrimination Laws" on the Landlord Rental Forms CD.)

3. Get all the important terms of the tenancy in writing. Beginning with the rental application and lease or rental agreement, be sure to document important facts of your relationship with your tenants -- including when and how you handle tenant complaints and repair problems, notice you must give to enter a tenant's apartment, and the like.

4. Establish a clear, fair system of setting, collecting, holding, and returning security deposits. Inspect and document the condition of the rental unit before the tenant moves in to avoid disputes over security deposits when the tenant moves out.

5. Stay on top of repair and maintenance needs and make repairs when requested. If the property is not kept in good repair, you'll alienate good tenants. And they may have the right to withhold rent, sue for any injuries caused by defective conditions, or move out without notice.

6. Don't let your tenants and property be easy marks for a criminal. You could well be liable for the tenant's losses. Landlords are sued more than any other group of business owners in the country. The average settlement paid by a landlord's insurance company is $600,000, and the average jury award is $1.2 million.

7. Respect your tenants' privacy. Notify tenants whenever you plan to enter their rental unit, and provide as much notice as possible, at least 24 hours or the minimum amount required by state law.

8. Disclose environmental hazards such as lead. Landlords are increasingly being held liable for tenant health problems resulting from exposure to environmental poisons in the rental premises.

9. Choose and supervise your manager carefully. If a manager commits a crime or is incompetent, you may be held financially responsible. Do a thorough background check and clearly spell out the manager's duties to help prevent problems down the road.

10. Purchase enough liability and other property insurance. A well-designed insurance program can protect your rental property from losses caused by everything from fire and storms to burglary, vandalism, and personal injury and discrimination lawsuits.

11. Try to resolve disputes with tenants without lawyers and lawsuits. If you have a conflict with a tenant over rent, repairs, your access to the rental unit, noise, or some other issue that doesn't immediately warrant an eviction, meet with the tenant to see if the problem can be resolved informally. If that doesn't work, consider mediation by a neutral third party, often available at little or no cost from a publicly funded program. If your dispute involves money and all attempts to reach agreement fail, try small claims court, where you can represent yourself. Use it to collect unpaid rent or to seek money for property damage after a tenant moves out and the deposit is exhausted.

Get a Little Help From Your Friends

Many landlords have discovered the value of belonging to a local or state association of rental property owners. These organizations range from small, volunteer-run groups to substantial city, county, or even statewide organizations with paid staff and lobbyists. Many offer a wide variety of support and services to their members, including the following:

• legal information and updates through newsletters, publications, seminars, and other means
• tenant-screening and credit check services
• training and practical advice on compliance with legal responsibilities
• a place to meet other rental property owners and exchange information and ideas, and
• referrals to knowledgeable and appropriately priced professionals, including attorneys, accountants, maintenance firms, and property management companies.

If you can't find an association of rental property owners in your phone book or online, ask other landlords for references. You can also contact the National Apartment Association (NAA), a national organization whose members include many individual state associations:

National Apartment Association
4300 Wilson Boulevard, Suite 400
Arlington, VA 22203
703-518-6141
www.naahq.org

The National Multi-Housing Council, a national organization of many of the country's largest landlords, may also be helpful:

National Multi-Housing Council
1850 M Street, NW, Suite 540
Washington, DC 20036
202-974-2300
www.nmhc.org