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02/07/13, 09:48 AM
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Join Date: Jan 2009
Location: Missouri Ozarks
Posts: 5,069
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Quote:
Originally Posted by Nimrod
Originally Posted by salmonslayer
I have found there are things you can do to reduce problems though, we have a high deposit requirement, I tend to only rent to older people with no kids, and I have a deal with the renter that if they pay rent on time 12 months in a row they get the next month rent free.
Is the no smoking, no pets, only renting to adults with no kids fair? Its fair to me and no one forces people to rent from me so if they dont like it they are free to rent elsewhere.
Originally Posted by salmonslayer
I have found there are things you can do to reduce problems though, we have a high deposit requirement, I tend to only rent to older people with no kids, and I have a deal with the renter that if they pay rent on time 12 months in a row they get the next month rent free.
Is the no smoking, no pets, only renting to adults with no kids fair? Its fair to me and no one forces people to rent from me so if they dont like it they are free to rent elsewhere.
Not only is not fair, it illegal.
http://portal.hud.gov/hudportal/HUD?...sing_equal_opp
There are exceptions.
Property Exempt from Federal Antidiscrimination Laws
Unfortunately, not every rental is covered by the federal fair housing laws. The following types of property are exempt:
- owner-occupied buildings with four or fewer rental units
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Did you read further than one paragraph of your own link? Here I will help you out:
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. http://portal.hud.gov/hudportal/HUD?...aws/yourrights
Sorry to break it to you but just because you dont like something doesnt mean its illegal. The first case would cover Common Tater since she lives in the house and just rents an attached appartment and the second example covers me because I dont use a broker and in fact have never advertised my rentals period.
This seems to be a hard concept for people to grasp but its pretty clear even on the link you provided.
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02/07/13, 09:48 AM
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"Slick"
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Join Date: Apr 2009
Location: Moving from NM to TX, & back to NM.
Posts: 2,341
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Quote:
Originally Posted by salmonslayer
SNIP
and I have a deal with the renter that if they pay rent on time 12 months in a row they get the next month rent free.
SNIP .
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That is a neat concept. Will definately keep that in mind if I set up a rental on my property.
__________________
We will meet in the golden city, called the New Jerusalem,
All our pain and all our tears will be no more.....
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02/07/13, 10:13 AM
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Join Date: Jan 2009
Location: Missouri Ozarks
Posts: 5,069
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Quote:
Originally Posted by GoldenCityMuse
That is a neat concept. Will definately keep that in mind if I set up a rental on my property.
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You know it really works well for all concerned. I also want to state that my posts on screening potential renters seem harsh but I run my rentals like the business that it is just like my small farm. However, once I get to know a renter and find that they are trustworthy and good renters I am more willing to work with them.
Another poster mentioned that times are hard but its hard for owners too and I'm not understanding why renters dont understand that, they seem to think the land owner should just suck it up because they cant pay rent which is a strange entitlement thinking in my book. But I do work with renters who come up short and lots of times I have either given extra time to pay the rent or let them work it off. But if I go to collect the rent and they tell me "sorry, dont have it, like in the OPs situation I would start eviction as well. I have also let long term renters get a pet in the past but that is an exception for good responsible renters and you wont know they are good responsible renters until they have rented from you for a while.
Most rental owners are not wealthy nor are they corporate entities with lots of resources and its a shame so many renters feel they can just expect a rental owner to let them slide. Thats one of the reasons its hard to get into some rentals..too many renters feel that way.
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02/07/13, 10:54 AM
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She who waits....
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Join Date: Apr 2005
Location: East of Bryan, Texas
Posts: 6,796
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I have been on both sides of this coin, having been a renter and having owned rental property.
I don't think that most renters realize that many landlords are still paying a mortgage on that property that they are renting, and if the renter is not forthcoming with the rent, how does the mortgage get paid? That was the reason that I sold off my rental properties...it was just too much hassle to find good, dependable renters, and when I had untrustworthy, undependable renters, *I* was having to go without necessary things like, oh, electricity, to keep up with the mortgages.
Renters don't really see that side of things. It is WAY different when your are renting from an individual than when you are renting from an apartment complex or corporate conglomerate. When you don't pay rent on time with the complex, no one is really going to have to tighten their belt to make up for it. With individuals, though, your rent money is already bookmarked, and likely for things for the very property you are living in. Mortgages, taxes, repairs, and yes, even improvements.
And yes, by law, individual landowners are pretty much exempt from the Fair Housing Act. If a landlord has only a couple-few properties, they can discriminate as much as they like for any reason. If I chose to rent out THIS property, I *could* decide that I am only going to rent to retired, East Indian gay couples with one of them being an engineer, that loved Pekingese dogs, were practicing Hindus, and it would be perfectly legal for me to do so.
Anyone with enough properties to need either a Broker or a Property Manager to deal with them all, though, IS bound by the Fair Housing Act.
All in all, though, when I was a landlord, I preferred to rent to gays and atheists. No idea why, but gays, atheists, or gay atheists, always paid rent on time, and always left my property in good condition. Go figure.
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Peace,
Caliann
"First, Show me in the Bible where it says you can save someone's soul by annoying the hell out of them." -- Chuck
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02/07/13, 11:28 AM
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Rat Racer
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Join Date: Sep 2010
Location: New Hampshire
Posts: 680
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Renters aren't stupid- they have a lot of power and they know it:
Don't pay the cell phone, it stops working.
Don't pay cable, ditto.
Don't make car payments, you wake up one morning and it's gone.
Can't pay the grocery store or gas station, no food or gas.
Don't pay rent, some jerk gets mad and eventually you have to leave.
Rent is probably the one payment that a renter can defer the penalties of not paying. If you can't make sure you're protected, the tenant is going to wind up with a lot more protections than you.
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The garden's getting bigger this year. Again.
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02/07/13, 02:06 PM
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Join Date: Aug 2010
Location: Salt Lake City, UT
Posts: 2,270
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Quote:
Originally Posted by bluemoonluck
Or as a landlord you can drive by the house frequently and look for signs of pets, and inspect the house once a month to look for signs of pets.
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Most tenants require a 24-hr notice before their places are inspected. I think most landlords just don't think to wander around near the place outside of the times they actually have things to DO at the house... One of my neighbors even told me that when they knew the landlord was coming by, they planned to put their dog in my back yard. Which isn't an issue for me (I don't own the yard, and their puppy is vaccinated and friendly), but I just sort of went -  I would never DREAM of getting a large-breed puppy when I live in a place with a strict no-pets policy. Then again, this same person had a cat before, and got rid of it because it kept climbing up into the windows, and they were worried the landlord would see it.
Quote:
Originally Posted by CaliannG
All in all, though, when I was a landlord, I preferred to rent to gays and atheists. No idea why, but gays, atheists, or gay atheists, always paid rent on time, and always left my property in good condition. Go figure.
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Haha! My lesbian roomie was always on time with the rent. My gay male roomie never paid rent on time (if it even got paid), but when he cleaned, the place sparkled!
All my roomies have been agnostic, Pagan, or atheist. Unfortunately, that didn't guarantee anything. I wish it did!
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02/07/13, 09:12 PM
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Join Date: Jan 2003
Location: Bel Aire, KS
Posts: 3,547
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In Texas, apt regulations are set up that each child you have are supposed to have his/her own bedroom. If you have too many kids, then you'll be nearly hard up to find an apt that will allow that many kids.
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Ted H
You may all go to Hell, and I will go to Texas.
-Davy Crockett
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02/08/13, 08:04 AM
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Banned
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Join Date: Aug 2005
Location: IL, right smack dab in the middle
Posts: 6,787
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Quote:
Originally Posted by JawjaBoy
You shoulda seen the house me and DW are living in now before we started working on it. My dad had been renting it out for many years, but had not really checked in on a regular basis as long as the renters had mailed in the payment on time. So the renters had just done whatever they wanted with the place and in the process they nearly tore it down.
When we took over (between renters), the corner of the kitchen floor under the water heater was rotted through (the floor sill was all that was keeping the water heater from falling through), 14 panes of glass were broke out, there were 37 holes of various diameters in the sheetrock and one bedroom had been painted floor to ceiling with BLACK SPRAY PAINT.
That experience was enough to convince me that I would never have rental property and that most renters could care less about someone else's property.
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WOW land lords like that and people wonder why renters are not perfect.....and these guys paid the rent on time!
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02/08/13, 08:41 AM
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Join Date: Jan 2012
Location: Central Ohio
Posts: 913
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Quote:
Originally Posted by harvestmoonfarm
I was trying to stay out of this conversation, but I find this comment very offensive. My husband and I have been married for 30 years and, you know what? LIFE HAPPENS and some of us have to rent rather than buy! We rent, and we ALWAYS leave the properties we lease in much better shape than when we moved in. We pay rent on time (even if nothing else were to be paid, the rent would always be), keep grass cut, make repairs, landscape the property, etc. For you to say that renters don't have their "act together" is insulting.
Sadly, there are many renters who have the feeling "it's not mine, so why do I care." However, that's not us. We treat a place as our own and respect the property and the rules. To lump every renter into one category is ludicrous.
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My father and his wife were very well off financially. They absolutely refused to buy a house...they did not want the responsibility. They lived in two different apartments their entire married life and cared for them as their own.
Now, it is my turn to rent and it does somewhat bother me. I have to rent a place that meets the needs of my son and my 98 year old grandmother....I just cannot get stuck with a place I do not need or want after she passes. I am literally scared my son will touch the walls as he walks downstairs, etc. Over reacting I know, but being a renter is going to put me on high alert for damage.
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02/08/13, 10:40 AM
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Join Date: Jun 2010
Location: North Central MN
Posts: 3,021
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Salmon Slayer,
I don't know why you are being snippy with me. I posted the link so folks could see that there are exceptions to the discrimination laws. The word "unfortunantly" is not my word but part of the link. I was trying to back you up provided you are following these exceptions.
I lived in one apartment of my 4-plex and did flat out tell one prospective tenant that I would not rent her an apartment because she had a kid. When she threatened to sue me for discrimination I told her to go ahead if she could find an attourney that would take her case. Never heard from her again.
You do have to also check the state laws. In MN the exceptions have been tightened to be owner occupied 3-plexs and under for everything except renting to families with kids.
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02/08/13, 10:51 AM
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Join Date: Jan 2008
Posts: 2,640
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I've been out of town the past two days. I spoke with my lawyer and he suggeted that I file with the Small Claims Court in my county, they have they have the documents and procedures in place for getting the eviction served and also for filing for any arrearages. So I am off to the courthouse after lunch today.
Jim
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02/08/13, 10:57 AM
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Join Date: Dec 2002
Location: Kentucky
Posts: 3,026
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I've only lived in two apartments before buying my home. I always took care of them like they were my own and my landlords were simply the best too. I guess I was lucky. There are good and bad renters and landlords no matter where you are. There are people that will always try to take advantage of a situation. If you are perceived as being weak and able to be manipulated...then that will be a window of opportunity for someone to take advantage.
My neighbors have two houses that they rent out. They do a background check on their prospective renters. The renters must sign a contract and pay a damage deposit. It is made clear at the get go that if the renter is late on rent then they will be kicked out. My neighbors are stern but have never had a problem with their renters because they know up front that their landlords will take no sh*t from them.
On the other hand, my dad has a house and 10 acres in the country that he is trying to sell. My dad is easily manipulated. He has a one year contract with a perspective buyer where the buyer is supposed to be renovating the house in exchange for rent to own on the property. Dad agreed to let the guy rent the property for $1.00 a month but the guy is supposed to do $600.00 worth of renovation per month on the house. It's been almost one year and the guy hasn't done any work on the house at all and hasn't given dad any money towards the purchase either.
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02/08/13, 03:39 PM
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Join Date: Jan 2008
Posts: 2,640
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Well this might throw a monkey wrench into our process. I just received a call from the renter's new wife. She stated "I know the law and you can't evict us unless you give us 45 days notice." I'm afraid this won't be as easy as I thought.
Jim
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02/08/13, 03:45 PM
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Join Date: Jan 2009
Location: Missouri Ozarks
Posts: 5,069
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Quote:
Originally Posted by Nimrod
Salmon Slayer,
I don't know why you are being snippy with me. I posted the link so folks could see that there are exceptions to the discrimination laws. The word "unfortunantly" is not my word but part of the link. I was trying to back you up provided you are following these exceptions.
I lived in one apartment of my 4-plex and did flat out tell one prospective tenant that I would not rent her an apartment because she had a kid. When she threatened to sue me for discrimination I told her to go ahead if she could find an attourney that would take her case. Never heard from her again.
You do have to also check the state laws. In MN the exceptions have been tightened to be owner occupied 3-plexs and under for everything except renting to families with kids.
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Sorry, I misunderstood and wasnt trying to be snippy to you. I come across sometimes way more forceful than intended; I just enjoy a good debate and forget the tone and intention often comes across different when writing.
You are absolutely correct on check state and even municipal laws. I owned one rental in a city where I could only rent a 2 bedroom to a maximum of three people and kids had to have their own bedroom and it was a fairly large house (1050 sq ft) for a 2 bedroom.
IMO part of the divide here between the landlords and tenants is the mid set from some renters that rent can be slid or late and the landlord should just understand that times are tough and then the large number of renters who dont take care of places. Some of the posters here who say they take care of places as if they were their own and who do repairs, landscaping and keep things clean are dream tenants and unfortunately are the exception rather than the rule.
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02/08/13, 04:54 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Lazy Jay, did you serve them a three day notice to pay rent or quit? That is legal.
But if you're unsure of your rights, you might want to hire a lawyer to do the eviction this time, and pick his brain so you know what to do next time.
I provided you a link for a three day notice in n earlier post, but this site is specific to Indiana. http://www.trexglobal.com/forms/indiana-notice-to-quit
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I yam what I yam and that's all what I yam.
Popeye
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02/08/13, 05:14 PM
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Guest
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Join Date: Jan 2013
Posts: 4,569
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Quote:
Originally Posted by Lazy J
Well this might throw a monkey wrench into our process. I just received a call from the renter's new wife. She stated "I know the law and you can't evict us unless you give us 45 days notice." I'm afraid this won't be as easy as I thought.
Jim
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It rarely is as easy as you think it will be thats why sometimes its better from a strictly financial sense to suck it up. Lots of people get upset and go through the eviction process the first time but after that most realize that its not worth it except as a last resort. It can hurt your pride to let tenants walk all over you to a point but it hurts your wallet to evict a tenant for just being late a few times. I'm only talking about my experience because I dont know the whole story of your situation.
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02/08/13, 05:15 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Here is a property manager from Indiana giving advice on how to evict there.
http://howtoevictatenantinindiana.blogspot.com/
__________________
I yam what I yam and that's all what I yam.
Popeye
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02/08/13, 05:18 PM
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Join Date: Jan 2008
Posts: 2,640
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Quote:
Originally Posted by jtbrandt
It rarely is as easy as you think it will be thats why sometimes its better from a strictly financial sense to suck it up. Lots of people get upset and go through the eviction process the first time but after that most realize that its not worth it except as a last resort. It can hurt your pride to let tenants walk all over you to a point but it hurts your wallet to evict a tenant for just being late a few times. I'm only talking about my experience because I dont know the whole story of your situation.
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Here is a bit more information. We added a rental water softener at his request, added that to the rent. We also provide the trash service and mowing. So by him being late and not paying this month we still ahve to pay the rent on the water softener. We also were left in a lurch last summer when he pulled the same maneuver.
Jim
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02/08/13, 05:41 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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If he were my tenant, I would evict.
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I yam what I yam and that's all what I yam.
Popeye
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02/09/13, 07:03 AM
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Join Date: Oct 2006
Location: N. E. TX
Posts: 29,598
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Quote:
Originally Posted by harvestmoonfarm
Why no smokers or pets? If people smoke outside, it's not affecting your house. And as far as pets, what sense does that make? We've been lucky and have found landlords who allow not only our pets, but our livestock as well. Renters have just as much right to homestead as anyone else IMHO.
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Wish you coulda smelled the house after the cat lady left. Burned your eyes!
Smokers don't smoke outside when you're not looking.
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