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10 Golden Rules to Avoid Legal Problems

Property Management

Updated on Nov 22, 2014

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Here are the ten ways to prepare and or protect yourself, and do your best to avoid legal hassles as a landlord.

BE ACCOMMODATING
The Americans with Disabilities Act requires that you not discriminate against potential tenants with disabilities and that you allow the tenant to install adequate access features, but you can also require them to put the property back to its original condition. Plus, you may never restrict or charge for service animals.

BE FAIR
The Fair Housing Act—and common decency—prevent property owners from making housing decisions based on race, color, sex, national origin, religion, handicap or familial status. States and localities can add additional protected classes and violations can cost tens of thousands of dollars, so ensure that you BE FAIR.

BE SAFE
Habitability laws vary from region to region and require that your rental property provide a safe, comfortable living environment for tenants. [Text: Protection from the elements, running water, plumbing, heating, electricity, freedom from noxious smells, mold, noise and garbage, functioning smoke and carbon monoxide detectors]. If you neglect these items, respond slowly or ineffectively, or require tenants to pay for them, you can end up with landlord-tenant disputes, lawsuits or costly government actions, so BE SAFE.

BE CONSCIENTIOUS
Some inexperienced property owners may try to cut costs by making repairs themselves or hiring unlicensed labor. Most states require licensing along with minimum liability and workers' compensation insurance policies. Shoddy repairs—or worse, the injury of an unlicensed repair person—can lead to very costly lawsuits. So BE CONSCIENTIOUS and hire only licensed and insured service personnel.

BE LICENSED
Many aspects of property management are often regulated as well. Conducting activities that are only to be conducted by a licensed real estate agent can lead to costly fines, so BE LICENSED.

BE AVAILABLE
It is essential that you respond promptly to urgent calls and maintenance requests to avoid liability. Maintaining a dedicated 24 hour contact system able to handle after-hours, weekend, and holiday emergencies is the best way to ensure you BE AVAILABLE.

BE DILIGENT
Some of the heftiest fines are imposed for improperly handling security deposits and other funds in violation of trust accounting and other laws. Violations of these laws can cost up to three times the security deposit if handled incorrectly, so be BE DILIGENT.

BE ACCOUNTABLE
You are best protected when you keep accurate records of all tenant requests, including when and how you responded. This is the primary source of "reliable" information in litigation, so securely keep date- and time-stamped records of all communication, service and financial transactions for the full length of time your state statues require, and BE ACCOUNTABLE.

BE TRUSTWORTHY
As a property owner, you have access to the personal information of your tenants, and you are required to keep that information secure. Failing to keep this private data confidential both in what you share personally and in how you store your records can open you up to liability, so BE TRUSTWORTHY.

BE KNOWLEDGEABLE
Put simply, rental property owners must get—and stay—current on all federal, state, local and industry laws, codes and regulations to avoid litigation, liability and expense. It is critical that you, or your professional property manager, remain constantly vigilant and current on all applicable requirements to help you avoid some very costly mistakes, so BE—and STAY—KNOWLEDGEABLE.

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