Park City Property Management Blog

Basic Tenant Rights For Park City Property Management

Dylan Taylor — Tue, 22 Apr 2014 14:04:00 GMT

As a landlord in Park City property management it would seem fairly obvious that you should know your rights. But because of the nature of managing long term rentals in Park City it is also important that you know the rights of your tenants. In order to do things the right way and protect yourself from legal problems you should know the laws, both state and federal, that govern the renting of a property. You are entering into a legally binding agreement with a second party why you rent your property, terms and conditions may apply!

Fair Housing

Fair Housing is a federal law enacted to protect certain classes of people from discrimination in housing. This law was first passed in 1968 and has since been amended and strengthened. As a landlord in Park City property management you must be careful how you handle situations so that you can avoid a discrimination claim being filed against you. I have written about Fair Housing before, most recently in a post titled "Questions You Can't Ask In Park City Property Management." This post describes each protected class under Fair Housing and provides examples of things you shouldn't say in relation to an individual.

Proper Notices

As a landlord you should be comfortable with posting notices at the property. You must post a notice before entering the property, unless you are in an emergency circumstance. And before you ask late rent is not an emergency! But there are notices you can post for late rent so don't worry. Notices for eviction, abandonment, and nuisance are some examples of the notices a landlord may have to post to their tenant. Especially in the case of an eviction you must make sure you are posting the proper notices and following the requirements of law or you could fine yourself losing out if the eviction goes to court. For Park City property management I have written many posts about these various topics so click here for the full list.

Habitability

Despite what you might think if you are familiar with the term "slumlord" a tenant is entitled to a certain standard of habitability. This would include basics such as secure premises free from hazards, running hot and cold water, heat, etc. And take a guess as to who is responsible for providing this level of habitability. Yes you, the property owner. If you receive a maintenance request related to any habitability issue you are obligated by law to respond quickly so do not procrastinate. If you fail to respond within a certain amount of time you could get a notice of deficient conditions filed against you and enter into what is called a constructive eviction and be liable for all kinds of things. If something breaks fix it quickly and properly and you'll never have a problem.

If you would like more information or tips on basic tenant and landlord law, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

What To Do When Your Tenant Bails In Park City Property Management

Dylan Taylor — Fri, 28 Feb 2014 15:50:00 GMT

If you haven't experience a tenant bailing on a lease then consider yourself lucky and realize that if you stay in Park City property management long enough it will happen to you. It seems that recently there has been a rash of people requesting to move out before the end of their lease for various reasons. Some have completely understandable problems such as job loss or job transfers or the deteriorating health of a parent as reasons for why they needing to move before the end of the lease. And some don't even give a reason beyond "I want to move." There are several ways to handle these situations and some of it depends on the choices the tenant makes. So take a deep breath and we will get through this together.

The Easy Way

Well let's be honest, a tenant leaving before the lease expires is never an "easy" thing in Park City property management. It requires extra work on the part of you the landlord to find a replacement tenant, get the property into rentable condition, and all the necessities of determining if a tenant is qualified to rent your property. But there are decisions that the tenant makes that can lessen the blow. Ideally the tenant approaches you a month or more ahead of time to let you know they will need to move. The first thing you and the tenant should understand is that the tenant is still responsible for rent up until a new tenant moves in. This can include any time that is required to return the property into rentable condition. You should let the tenant know that if the property is clean and ready for move in when they leave this will lessen the amount of rent the may have to pay. One thing I like to do is ask for a full month of rent even if the current tenant is moving out in the middle of the month. This way you have got the month already covered and you can always reimburse the tenant for a portion of the rent if a new tenant moves in in the same month. If the tenant is a responsible person they will do their best to ease the transition and understand that they signed a legally-binding document and are responsible for fulfilling their end of the agreement.

The Hard Way

Unfortunately some tenants are not responsible people who work to fulfill their part of an agreement. They may bail without any notice or rent payment. At this point the property is subject to laws regarding abandoned premises. I have previously written about this situation in my blog post "Abandoned Premises - Tips And Info For Park City Property Management." Some tenants may leave a note saying they have moved out, some do not. As a landlord you will want to make sure you are aware of what Utah law says regarding this situation and proceed quickly but with caution. Until you can reasonable determine if the tenant has abandoned the property then they are still technically in possession. Perhaps they have gone out of town on an extended trip or some other situation. Make every effort to contact the tenant before you attempt to retake possession. Remember that rent must be 15 days late before abandonment can be considered.

If you would like more information or tips on handling early tenant move outs, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Allowing Subletting Is A Bad Idea For Park City Property Management

Dylan Taylor — Tue, 11 Feb 2014 15:07:00 GMT

I'm sure if you've been involved in Park City property management you are familiar with the concept of subletting. Basically subletting occurs when a primary tenant who holds a lease on a property from the landlord leases either the entire property or a portion to a secondary tenant. There are a few reasons why subletting or subleasing is a bad idea. Let's take a look at them.

Scams

I recently had a conversation with an associate of mine regarding subletting. A good friend of his lost some money in a subletting scam and it reinforced for me the decision we made to not allow this in our long term rentals in Park City. This individual, we'll call him Bob, was contemplating buying a house in Park City but wanted to first live up here for 6 months before making a significant investment. He searched around and found another guy, we'll call him Jim, who was subletting a room in a house in town. Bob paid a deposit and a portion of rent for the month before he went out of town on a trip. When Bob arrived back from his trip he contacted Jim about moving in. Jim told him that he (Jim) had been evicted from the property by the owner and was no longer living there. Jim was a little fuzzy on where the deposit and the rent went and obviously Bob was upset. Bob was never able to get in contact with Jim again and didn't know where he had lived. He contacted the sheriff's department and reported the money he had paid as stolen. Remarkably Bob was actually able to serve Jim papers for a small claims court suit via social media! Unfortunately Bob is still out his money and a place to live. Not everyone who sublets is out to scam someone but as a property owner you do not want to risk having your property encumbered by something like this. Not allowing subletting in your lease is a good idea for Park City property management.

Who Is Living There?

Another issue that can arise from subletting is a landlord not knowing who is actually living in the property. The lease with the original tenants is still in force and they are probably the ones who are paying you rent every month. But if your lease does not specifically forbid subleasing you could run into all kinds of problems. Maybe an individual with a criminal history is renting a room in your property. You would not know this because you are perhaps unaware of the sublease. As a landlord you are taking the proper steps when finding a tenant to make sure your property is well taken care of. I have written several blog posts about this subject, if you would like more information take a look at "Tenant Screening Tips For Park City Property Management." You do not want someone you have not approved taking up residency in your property. A person with a criminal record is just the tip of the iceberg. Protect yourself by not allowing subleasing.

Perform Inspections

We recently had a tenant come to us asking to get out of their lease early. I was very happy to see them go because the neighbors downstairs had often complained of noise coming from the tenants. The lease indicated there were only two people living the in property so I was surprised by the volume of complaints. When I began touring the property to prospective tenants I found out why there had been complaints. One bedroom had to beds for adults and another had three. These people were clearly in violation of the lease and I was happy to see them go.

If you would like more information on the dangers of subleasing, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Dealing With Loud Tenant Parties In Park City Property Management

Dylan Taylor — Fri, 31 Jan 2014 14:58:00 GMT

Sundance has just ended here in Park City property management and Hollywood can head back to California. In their wake I'm sure there were more than a few wild parties thrown, both at local bars and properties that were rented out during the festival. But it doesn't take a movie star to have a noisy party, regular tenants can have them too. Now there is nothing wrong with the occasional get together, having friends over, birthday parties, etc. But when a party carries on late into the night past quiet hours and is excessively noisy it can invite a host of problems. Damaged property, upset neighbors, police visits, property destruction and littering, and public intoxication and drunk driving are just some of the things that go along with residents throwing crazy parties. So as a Park City property manager how do you handle these things? Let's take a look.

Have Established Rules

You should have a set of house or property rules already in place and your lease should either contain the rules or mention that they are available and the resident must abide by them. For example our lease says "Resident, its guests and other occupants shall comply with all written rules and regulations which shall be considered part of this lease. Such rules and regulations shall be available from Owner and Resident acknowledges receipt of such Rules and Regulations." This way you have made it clear that the rules must be followed by the tenants and their guests too. Anything you can do to protect yourself and eliminate confusion in Park City property management is a good thing.

Document Complaints

If you receive a complaint you should try and get it in writing from the person complaining. Ask them to be specific about date and time, nature of the complaint, etc. This way you have some written evidence in case the problem tenant disputes the claim. Keep these records in a file with the tenant's lease, application, etc. Good record keeping is essential when you are handling long term rentals in Park City.

Send Notices

The first notice I typically send out is essentially a warning. It explains what the complaint is and potential penalties if the issue persists. Make sure you keep a copy of this notice for yourself and either hand deliver it to the tenant or post it in a conspicuous place at the property. If the problem persists the next step in Park City property management is to post a "Comply or Vacate" notice. We use a 3 day notice that requires the tenant comply within the 3 days or we will begin an eviction proceeding. Eviction should truly be your last resort for people who continually flaunt the rules and are unwilling to change. It can be an expensive and drawn out process, particularly if the tenant decides to fight it. As always please remember that while I know a few things about Park City property management I am not an attorney. If you find yourself facing the prospect of evicting a tenant there are many competent attorneys who practice real estate law and a wealth of information available from state agencies.

If you would like more information about handling loud, partying tenants, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

How To Collect From Bad Tenants in Park City Property Management

Dylan Taylor — Tue, 28 Jan 2014 15:01:00 GMT

Unfortunately in Park City property management you will at some point encounter a dead beat tenant. Maybe this person up and left in the middle of the lease with no warning or notice. Maybe they finished the term of the lease but left a significant amount of damage to your property. There are many scenarios in which a tenant can cause damage in excess of a security deposit and if they are unwilling to pay then the next step you should take is attempting a collection. In order for a collection to be effective there are a few steps you should take before anyone even becomes your tenant and there are steps you should take after. Let's take a look at some of these tips on how to collect from bad tenants.

1. A Good Background Check

While this is not fool proof a good background check in the application process can help you weed out people with a higher risk of property damage, breaking a lease, etc. References, employment, rental history and a credit check are all tools you can use to make an educated decision in Park City property management.

2. Bank Account Information

You should ask for bank account information on your application. This will be a very crucial piece of information should you need to attempt a collection. Once a judgment is obtained you may be able to directly withdraw money from a former tenant's bank account in order to satisfy charges you incurred that were the fault of the tenant.

3. Accurate Records

You should have a move in sheet where you and the tenant can make note of any existing damage or conditions in you Park City long term rental property. This way there is no question as to what damage a former tenant caused if your case goes to court.

4. Keep Receipts and Invoices

If it is necessary to make repairs after a tenant has left you should keep copies of all receipts. Carpet repairs, drywall patching and painting, property or carpet cleaning services, and smoke remediation are just a few if the types of repairs you may need to undertake to return a property to rentable condition. You as a Park City property management landlord don't want to pay unnecessary costs so keep track of these items for your collection efforts.

5. Utilize a Collection Agency or Attorney

The legal system can be difficult to understand and simple clerical errors on your part can cause your entire case to be thrown out. Utilizing an attorney or collection agency can be an invaluable tool in obtaining payment for damage caused by a bad tenant. These agencies typically require only a small fee to start your claim and are paid for their efforts through fees tacked on to your claim.

6. Be Patient

Claims take a long time. You do not want to be in a position where payment for these repairs is immediately necessary to your Park City property management operation. It could be years before you see any money, if at all. Realize that the process will take some time and is not always successful.

If you would like more information about collecting from bad tenants, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Favorite Landlord Tips for Park City Property Management

Dylan Taylor — Tue, 07 Jan 2014 15:12:00 GMT

Happy New Year to everyone here in Park City property management! 2013 was a great year and I am looking forward to 2014. I thought this would be a great opportunity to share with you a few of my favorite tips for Park City long term rentals that will help any landlord in Park City property management. Maybe you can incorporate a few of these tips as part of a New Year's resolution to be the best landlord you can be. Let's take a look at some of my favorite tips that will help landlords in Park City property management.

Be Proactive

Whether it is a maintenance request, a problem that your tenant relayed to you or the general condition of your property taking a proactive approach is always best. Many maintenance items can be easily dealt with if they are discovered quickly or dealt with when first reported. A nagging item can sometimes take a repair from quick and cheap to long and expensive. If a tenant has a complaint about a neighbor or some other type of issue, do not let it escalate. I have seen issues go ignored until a great tenant feels their only option is to move out. If a tenant comes to you with a complaint or problem make it a priority. Even if you ultimately can't do anything about a particular issue the tenant will at lease know that you are concerned over their peaceful enjoyment of your property.

Take A Reasonable, Understanding Approach

The old saying "you catch more flies with honey than with vinegar" is definitely applicable when it comes to Park City property management. If you are a reasonable, understanding person you will generally be treated in the same way. The last thing you want in a tenant/landlord relationship is for things to become personal in a negative way. If a tenant is a few days late on the rent with a reasonable explanation there is no need to berate or excessively drive home the point that rent must be paid on a certain day every month. If you have good tenants then treat them like good tenants! They are an important part of your property management operation and should be viewed as such. If you find yourself turning into the landlord who feels like every tenant is out to screw them over then you are headed in the wrong direction and my next tip might be just right for you.

Hire A Park City Property Management Company.

If you are feeling overwhelmed with taking care of your rental property, if you are tired of dealing with tenants, or if you are just too busy and don't have the time then you should consider hiring a competent Park City property management company. A good property manager has all the resources, staff and tools available to take the hassle out of a rental property. For a small monthly fee you are free from the constraints that having a rental property can place on your otherwise busy schedule. No more Friday-at-5pm maintenance calls or worrying about collecting rents. A good property manager will handle all this for you and more and is something you should strongly consider for Park City property management.

If you would like more informative tips on being a landlord, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Discrimination Testing - Park City Property Management

Dylan Taylor — Fri, 25 Oct 2013 13:41:00 GMT

A recent article I read has brought to light the need for anyone involved in Park City property management to be aware of discrimination testing and know some of common pitfalls that landlords and property manager can fall into when it comes to Park City long term rentals. Discrimination testing is performed by the Disability Law Center (DLC) which is a "private, non-profit organization designated by the governor as Utah’s Protection and Advocacy (P&A) agency" and is set up to "enforce and strengthen laws that protect the opportunities, choices and legal rights of Utahns with disabilities."

The DLC conducts discrimination testing using two testers, a control tester who is not in a protected class and a second tester who is in a protected class. I have previously written about Fair Housing laws in my post "Fair Housing And Park City Property Management: Are You At Risk?" but briefly protected classes are race, religion, sex, color, national origin, age, citizenship, pregnancy, familial status, disability, and veteran. The two testers contact a property manager or landlord and inquire about housing. Problems occur when there is a difference in treatment between the control tester and the protected tester. Let's take a look at some of the common mistakes made in it comes to protected classes in Salt Lake City property management.

Service Animals

Asking for a pet deposit or pet rent for a service animal is illegal. A companion animal also falls into this category. If you have a person applying to live in your rental property and they have a service or companion animal you cannot charge pet rent or a pet deposit for this animal. The tenant is still responsible if the animal does any damage to the property but a deposit cannot be taken in advance. Once an animal is identified as a service or companion animal you can ask for proper documentation on the animal but the questions should stop there.

Disability Questions

You should never ask, in any way, what the nature of a person's disability is. The person is not obligated to tell you what their disability is and you are not allowed to ask. Even in casual conversation you can't ask this question in Park City property management.

Availability

Never ever ever tell a person that you do not have any availability when in fact you do. You should already have in place a procedure for reviewing whether a tenant is qualified to rent a property through your application process. If you don't already have something in place to property screen tenants you should take a look at my blog post "5 Ways Tenant Screening Helps - Park City Property Management." Just looking at a person and telling them you don't have anything available is a definite red flag.

Incentives

If you are currently offering some type of move in incentive to get your property rented you had better make sure you offer the incentive to everyone who inquires. Discounts and the like can be very discriminatory when they are only offered to a select group of people.

If you would like more information on how to not discriminate when handling tenants, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Advice For New Landlords - Property Management Utah

Dylan Taylor — Tue, 17 Sep 2013 13:54:00 GMT

Today's blog post comes from a conversation I had yesterday while watching my daughter's soccer game. Another parent on the team who also lives nearby asked what I did for work and I told her I was in Park City property management. She then said that she and her husband currently owned and lived in a condo but were thinking of buying a house and renting out the condo.

I think many young people sort of fall into being a landlord in this manner, I know I did. As a young couple starting out they wanted to own a property and could afford a two bedroom condominium. Then a few years pass, a child or two comes along and before you know it the two bedroom condo is getting tight and it is time to upgrade. If you aren't in a position to cash out equity from your condo it may make sense to rent it out but where do you begin? Here are some tips for new landlords in Utah property management.

Do Your Research.

Before you throw up some pictures of your property online or sticking a For Rent sign in the window you need to do a lot of research. There are a lot of free resources available to new landlords through both state and local government. You should get educated on basic landlord-tenant law that pertains to long term rentals in Park City or Utah, and Park City property management in general. Researching laws is also helpful when it comes to determining what lease you will use for youre property. Make sure it has the provisions you need to feel protected. You may also consider establishing an LLC to further limit your liability but beware there are fees and taxes associated with one. You will want to look at what comparable properties in your area are renting for. This means determining what avenues are used to market properties in your area. If you are pretty handy with tools you should plan on fixing things yourself. If not it is good to already know reputable contractors for things like plumbing, electrical, HVAC and appliance repair just to name a few. Having already established relationships means you aren't stuck trying to get a hold of a random plumber on the weekend when your tenant calls to tell you there is a leak. These are just a few of the things you will want to become knowledgeable on when it comes to Utah property management.

Hire A Property Manager.

If you feel like you don't have the time or ability to gain the knowledge you need to successfully manage your property you might want to consider hiring a property manager. For minimal monthly fees a qualified property manager will become the professional face for your rental property. Think about it this way: You will have a professional staff of experienced individuals working fulltime for you for around $100 a month! Park City property management companies have already established all the necessary components for managing a long-term rental in Utah. A Utah property management company will already be well versed in the legal aspects of property management, have established market channels, knowledgeable employees, a network of vendors, experience in finding, screening, and placing tenants, provide monthly and annual statements and tax returns, and be available for 24 emergency response so you don't have to worry about your property.

If you would like more information for first time landlords, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Partial Rent Payment - Park City Property Management

Dylan Taylor — Tue, 20 Aug 2013 13:49:00 GMT

Partial rent payments can happen for a few different reasons when it comes to Park City property management. Some of these reasons are backed by Utah property management law and some are not. The hard and fast rule is that a tenant is obligated to pay rent on time and per the terms of the lease. There are however situations when a tenant either may not be able to pay or can legally withhold some or all of the rent. Today I will cover both areas as well as recommendations for a landlord response in each one. As always I am not an attorney and if you need that level of expertise you should contact one who is familiar with property management in Park City, Utah.

Tenant Can't Pay

There may come a time when, for various reasons, a tenant is unable to pay the full amount of rent when it is due. Perhaps they had an expensive car repair or medical bill. I have had tenants be the unfortunate victims of online identity theft and bank account hacking. Job changes or family emergencies or even job loss can also contribute to a tenant not being able to pay the full rent at the time it is due. As a landlord in Park City property management you have a few options. As I mentioned before a tenant in this situation is legally obligated to pay rent on time. However you as a landlord can use your discretion in working something out. Perhaps the tenant gives you a portion of the rent and explains that they are paid on the 15th and can have you the rest of the rent then. If your tenant has otherwise been on time, or has been with you a long time and is generally easy to work with then you may consider allowing a late payment. If your lease is written so that a late fee can be applied you may also ask that the tenant pay the fee, per the terms of the lease, with the remainder of their rent. If the tenant is brand new to you and somewhat of an unknown variable then perhaps you consider moving ahead with an eviction and trying to find somebody new. Always weigh the costs of an eviction and vacancy first. If it turns out the tenant can pay the rest this is preferable to an eviction and vacancy.

Repair and Deduct

Utah property management law also provides for instances when a tenant may lawfully pay less than the full amount of rent. This situation is called a "repair and deduct". A repair and deduct scenario can arise when a "deficient condition" exists in a property. A deficient condition is defined as something that "violates a standard of habitability or a requirement of the rental agreement and is not caused by the renter, the renter's family, or the renter's guest". If you would like to learn more about standard of habitability take a look at my blog post "Emergency Maintenance - Park City Property Management". Depending upon whether the deficient condition is a standard of habitability or a requirement of the rental agreement the landlord has either three or 10 days to begin repairing the condition. If no action is taken a tenant can then provide the landlord a "notice of deficient condition" and choose to repair the condition and deduct the cost of the repair from the rent. A tenant may also choose rent abatement, at which point the lease agreement is terminated and the tenant can move out.

If you would like more information on partial rent payments, repair and deduct, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.

photo credit #1

Abandoned Property - Park City Property Management

Dylan Taylor — Fri, 21 Jun 2013 13:17:00 GMT

I have previously written about a tenant abandoning a rental property in "Abandoned Premises - Tips And Info For Park City Property Management". In that article, which you can read by clicking here, I mentioned that there are sometimes instances when a tenant also leaves behind personal property. There are specific laws for Utah property management that pertain to the personal property of a tenant in these situations that must be followed. Today I would like to cover some of these laws and provide additional resources for Park City property management operations.

Abandoned Property

As always if you are unsure of your rights as a landlord, or what rights your tenant has in a situation, it is best to consult an attorney who specializes in Utah property management law. If you find yourself with a rental property that meets the criteria as abandoned, and the tenant's personal property is still present in the premises, this property must be treated in a specific manner. First an owner must post a conspicuous notice that the property is abandoned and send a letter to the last known address of the tenant stating the same. A property owner may have the items removed and stored at another location. The owner may also change the locks and store the items in the premises. Moving costs and storage fees should be calculated. If the items are left in the premises then the storage fees may simply be the regular rent rate. If a tenant requests to have their property returned to them a landlord must do so however the tenant must pay the associated moving and storage costs for their property. If a tenant does not request to have their property returned within 30 days of abandonment then the landlord may sell the property at a public sale and apply money from the sale to the storage and moving costs. The landlord may also donate the property to a charity. If the property is sold any money generated from the sale that is in excess of moving and storage costs must be returned to the tenant.

Exceptions

There are a few important points or exceptions that a landlord should be made aware of for Park City property management. Here are a few of the more interesting points in abandoned property law.

Regardless of whether the personal property is abandoned a landlord is not required to store the following items:

chemicals
pests
potentially dangerous or other hazardous materials
animals including dogs, cats, fish, reptiles, rodents, birds, or other pets
gas, fireworks, combustibles, or any item considered to be hazardous or explosive
garbage
perishable items

If the remaining personal property does go to a public sale and the former tenant is present at the sale the tenant may designate which items are sold first. The owner can only sell as many items as is required to cover all costs accrued by the tenant under the terms of the lease, including storage and moving fees. The tenant may also bid on any items at the sale but must have money on hand to pay for these items. Any items that that remain to be sold after all the tenant's expenses have been paid must then be turned over to the tenant. If the tenant is not present at the sale and their current location is unknown any excess funds must be disposed of according to the Unclaimed Property Act.

If you would like more information about abandoned property, Park City property management, or the benefits of having a professional property manager then click the button below to set up a free consultation. You will receive valuable information on Park City property management as well as a no-obligation quote on our management services.

photo credit #1

photo credit #2

Utah Law SB 167 For Park City Property Management

Dylan Taylor — Fri, 17 May 2013 13:13:00 GMT

If you are already involved in Park City property management you may have heard of SB 167, a law passed by the Utah legislature in 2011. This law has strong implications if you own a property that is part of a condominium association. Today I will cover the basics of the law and how it is applied and then share an experience I have had since this law was instituted. If you participate in Utah property management you should consider additional research into this law and, as always, I am not an attorney and this should not be considered legal advice. Let's begin.

SB 167 And Insurance

In speaking with attorneys that represent condominium associations and work in Utah property management law they have described the reasoning behind the legislature passing this law as a preemptive measure to avoid problems occurring in other states. Prior to this law being enacted insurance claims were handled in a different manner. In the example of a fire in a condominium building the property where the fire began and the person responsible would file a claim for their property, the condominium association would also file a claim, and the two insurance companies would determine who paid for what. As you may already be able to tell this could lead to problems, particularly when determining fault and which entity is responsible for what parts of the building. The Utah legislature noted that this problem was occurring with condominium properties in other states and took action to define clearly how these problems would be handled in Utah.

Primary Policy

SB 167 establishes a condominium insurance policy as the primary policy for all claims, regardless of cause or fault. It doesn't matter if Billy Bob and Suzie start a grease fire in their kitchen and the building burns down, the association's insurance is first in line for claims. The law also establishes that any property owner or owners involved in a property loss must pay the deductible for the association policy. If there are multiple properties involved in a single event of loss then the cost for the deductible is split between the multiple owners based on the percent of damage that occurred in each property. For example: $100,000 worth of damage occurred at a condominium association involving three separate properties, and the percent of damage is split 55%, 30%, and 15% respectively. The property owners would be responsible for 55%, 30%, and 15% of the deductible for the association and the association insurance would cover the rest of the $100,000. If you have a condominium property in Utah and participate in Park City property management make sure you are aware of the deductible for your condominium association.

Problems With The Law

Unfortunately this law is not without its problems. A recent incident at a condominium association I manage highlights a problem with this law. A drain line in a property on the third floor of a building became detached from the main drain for the building. The drain line only serviced the third floor property and was therefore the responsibility of that home owner per the condominium rules and regulations. This drain line was connected to the kitchen sink, dishwasher and washing machine so whenever these were used water would flood into the second and first floor properties. A claim was submitted to the condominium insurance but the total cost for repair came to around $3500, well below the $10,000 deductible for the condominium insurance. The cost for repairs for the second and first floor properties were then the responsibility of the property owners themselves, even though the cause was another owner who had no water damage in their property. Instances like this stress the importance of having insurance on a property even though there may be a condominium insurance policy in place as well. Park City property management professionals should be well aware of this possible scenario.

If you would like to learn more about property management Park City Utah download our free white page "5 Questions Every Landlord Should Ask Themselves".

photo credit #1

photo credit #2

Landlord Liabilities - Park City Property Management

Dylan Taylor — Tue, 07 May 2013 13:29:00 GMT

Most landlords are aware that they are liable for certain conditions in their property. For example if a tenant reports a broken stair, the condition is not remedied in a timely fashion, and the tenant subsequently injures themselves on the stair, a landlord would be held liable for the injuries sustained by the tenant. There are however other items a landlord may be held responsible for that most people are not aware of. This information can be beneficial to all property owners who participate in Park City property management.

Criminal Activity

A landlord has a responsibility to protect tenants from criminal activity through reasonable methods. If a landlord is aware of certain types of criminal activity they are obligated to take steps to reduce the crime. Things like proper locks on doors and windows, motion lighting outdoors and security systems are ways in which a landlord can help make a property less likely to be the target of criminals. If a landlord has been notified of a dangerous condition like a broken door lock of outdoor light, they must make a timely and complete effort to remedy the problem. If any suspicious activity is reported to a landlord the best response is to call the local law enforcement agency and alert them to the issue. Landlords have some responsibility to protect the community from the dangerous or criminal activities of their tenants. If a landlord is aware of criminal activity being carried out by his or her tenants they should contact the authorities and proceed with an eviction. Particularly if there is any type of distribution or manufacture of drugs by a tenant then law enforcement and civil authorities can impose fines or seek criminal penalties against a landlord for failing to have tenants removed from a property. Problem tenants can be avoided by running a thorough credit and criminal background check, calling references, and not renting to individuals that have a history of criminal activity. If you are involved in Park City property mangement make sure you take these steps before renting to an interested party so you can avoid possible headaches and legal problems.

Secondhand Smoke

First it should be known that secondhand smoke is considered a nuisance if the smoke travels from one property to another or from outside a property into it. It can even be seen as violating habitability laws, particularly if the resident affected by the secondhand smoke has any type of breathing issue or disability. I wrote a post that dives into this a little deeper, it is titled "Nuisance! Definition And Info For Park City Property Management", you can click here for more info. If a resident complains to a landlord about secondhand smoke and nothing so done to remove or reduce this nuisance than a landlord may be liable. Particularly if you have a disabled tenant then you could be subject to the Fair Housing Act or the Americans with Disabilities Act. If you would like more information on the Fair Housing Act and how it applies to Park City property management you can click here to view my post "Fair Housing And Park City Property Management: Are You At Risk?" The best step for a landlord is to not allow smoking at all in their property. If they do receive a complaint of smoking, take the proper steps to solve the problem. This can protect a landlord against further liability and keep the tenants happy.

Other Items

If a landlord willing allows a dog they know to be dangerous to reside on a property they could be found liable if the dog attacks someone. Landlords are also liable to bed bugs in the property. If they are found the appropriate steps need to be taken to ensure they are eradicated. Landlords can also be liable for features of a property that can be dangerous to children, like low windows that do not have a protective railing. As a landlord you should proactively look to make your place safe for a tenant and respond quickly to any complaints or problems that occur.

If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".

photo credit #1

photo credit #2

Meth - Information On Utah Law For Park City Property Management

Dylan Taylor — Tue, 23 Apr 2013 13:14:00 GMT

In a previous article titled "Stigmatized Property - Info From Property Management Park City Utah" I wrote briefly about the idea of a stigmatized property and that contamination through drug use or manufacture, including methamphetamine or meth, puts certain requirements on the owner or landlord of a property. For the full text of that post you can click here. Today I would like to talk a little more about meth in particular and some of the laws regarding Utah property management. This is of course not designed to be any form of legal opinion. I am not an attorney and if you require further information for your Park City property management needs you should consult with an attorney licensed in the state of Utah.

Methamphetamine

Meth is a highly addictive, man-made substance that has been around for several decades. It can be made or "cooked" in small laboratories from household chemicals. These chemicals are dangerous to the environment and people in general. Meth can be introduced to the body by injection, ingestion, smoking or snorting. The two most common methods are injection and smoking, with smoking being the most damaging to a property. Fortunately for most property owners and landlords the cooking of meth has been in decline in Utah over the last decade. Meth use however continues to rise. The production of meth involves toxic and flammable chemicals that can leave a significant residue in a property where meth is produced. Smoking meth in a property also produces this residue on walls, ceilings, floors, ventilation ducts, essentially every place it contacts. If you have reason to believe meth is being used or cooked in a property you manage you can have the property professionally tested. You can find a list of state approved testing companies here.

Decontamination

Once meth has been discovered in a property a complete decontamination must take place. It is necessary in the leasing or sale of a property to disclose meth contamination. If there has been police action along with the property being identified as a meth lab, or if the property tests positive for meth decontamination is required. The rules and procedures for decontamination are lengthy. There is a state wide standard known as State Rule 392-600. This rule serves as the basis for all meth decontamination in the state. Local health departments also have a say in any additional procedures required for meth decontamination so check with your local health department as well. Decontamination can be carried out by a specialist or the owner of record for the property. If an owner undertakes decontamination they must follow all the state rules including conducting an assessment, submitting a work plan, following all required procedures for decontamination and disposal of material, and confirm that any remaining meth traces are below the standard set in State Rule 392-600. If you would like to read the full text of the rule you can do so here.

Help For Landlords

The Utah Department of Health has produced a useful FAQ sheet for landlords that offers brief explanations of what methamphetamine is, the responsibilities of a landlord, a checklist detailing potential signs of meth use or production, methods of testing for meth, and information about State Rule 392-600. You can find this helpful FAQ sheet by clicking here. As I stated earlier landlords are fortunate that the rate of meth production has declined steadily over the last decade. Meth use continues to rise and does pose a potential for property damage depending on the amount used by a tenant as well as the method. Property owners who are involved in Park City property management should call local law enforcement if they suspect their tenants are using or producing methamphetamine.

If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".

photo credit #1

photo credit #2

Abandoned Premises - Tips And Info For Park City Property Management

Dylan Taylor — Tue, 16 Apr 2013 13:01:00 GMT

Although generally infrequent, situations where a tenant abandons a property can occure, and for a variety of reasons. In today's blog post I want to give you some of the basic information on Utah property management law regarding abandonment and abandoned premises. Along with that basic information I will provide links to the Utah code so you may continue your research further. This should help any landlord make informed decisions in their Park City property management business.

Abandonment

There are specific requirements in Utah property management law that must be met before a property can be declared abandoned by a tenant. This is so that mistakes on the part of a landlord, for example a tenant taking a long vacation or being away on a business trip, can be avoided. Abandonment can be presumed in one of two ways, depending on whether or not the tenant's property has been left behind. Let's take a look at abandonment with personal property left behind. The first step in determining abandonment is if the tenant has not notified the landlord that they will be absent from the property. Second the tenant has to have failed to pay rent within 15 days of the date rent was due. And third there is no reasonable evidence, beyond the presence of the tenant's personal property, that would indicate the tenant is still living in the property. The second method for determining abandonment when a tenant's personal property is not present is slightly different. Again, notice of the tenant's absence from the property has not been given. The tenant then fails to pay rent when it is due, the tenant's personal property has been removed from the premises, and there is no reasonable evidence the tenant is occupying the property. If either of these conditions are present the property is considered abandoned and certain actions can take place.

Abandoned Premises

Once a property has been determined to be abandoned the property owner can begin to move forward with getting the property rented again. Utah property management law allows for the owner of a property to remove any personal property left behind by a tenant but requires that the items be stored for 30 days. A tenant who abandons a property can also be held accountable for the remaining rent due to the terms of the lease or for rent accrued during the time at which the property is vacant. If the property is re-rented at a fair market value and this is less than the amount specified in the tenant's lease the tenant will also be responsible for the difference. If there is any damage to the property above normal wear and tear then a landlord can include any repair costs in the amount a tenant owes. A landlord can also charge reasonable moving and storage fees for any personal property that must be kept for 30 days. The landlord must make a reasonable effort to inform the former tenant of the location of his property but if, after 30 days, the property is unclaimed the landlord may sell the property to offset their costs or donate the property to a charity.

Summary

It is important for a landlord be proactive if he has reason to believe a tenant may abandon a property. Things like frequent rent payments, asking to be released from a lease, and talks of job transfer are all clues that a tenant may be on the way out. Stay in contact with your tenant. If they leave stuff behind you have to wait the 15 days, if they don't you should move quickly to get your property rented to somebody new. These simple tips will help you in your Park City property management. For a full text of the applicable laws click here.

If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".

photo credit #1

photo credit #2

Tenancy Types - Park City Property Management

Dylan Taylor — Tue, 09 Apr 2013 13:16:00 GMT

In perhaps one form or another I have previously talked about different types of tenants. It can be difficult to search through several articles to piece together this information so I thought it would be good to write on article about the four different types of tenants in Park City property management.

1. Estate For Years

When people think of tenants they are most likely thinking of the first type of tenant, known as "estate for years". Far and away the most common type of agreement involving real property, estate for years is a leasehold agreement on a property with a specific beginning and end date. The most common estate for years is a one year lease on a property but there is actually no requirement for the term to even be a year. The criteria are simply a beginning and end date. Leases may vary but estate for years does not require a notice to terminate as the lease already has an end date. Whether for a month, year, or many years, estate for years covers the majority of tenants and landlords in Park City property management.

2. Periodic Tenancy

Periodic tenancy is often referred to by the type of period it is based on, month-to-month being a common example. In periodic tenancy the lease continues from one term to another automatically, whether week-to-week, month-to-month, or year-to-year. The lease will continue to renew indefinitely until one party terminates it at the end of the specified period. Many estate for years leases revert to a periodic tenancy at the end of the term, an example being a year lease that becomes month-to-month after the year has ended. In a month-to-month tenancy the lease may only be terminated at the end of the month. Many leases spell out the type of valid notice of termination that must be provided, along with a required number of days prior to termination that the notice must be provided. Many leases will require 30 day notice of termination. If the termination is unspecified Utah property management law requires a 15 day notice.

3. Tenancy At Will

Tenancy at will is, as it sounds, an at will agreement between two parties involving real property. There is no specified term, period, duration, or termination requirements. In tenancy at will the lease can be ended at any time, be either party, with or without the agreement of both parties. Generally there is not a written document in a tenancy at will situation, as a written document or lease will generally spell out terms that would classify a tenant as either estate at years or periodic tenancy. An example of this would be allowing your younger sibling to live on the basement of your home. The sibling is a tenant at will, there is not specified term (perhaps to the consternation of your spouse), and the tenancy can be terminated at any time without notice by your sibling moving out or you spouse letting you know, in probably more colorful language, that they have had enough.

4. Tenancy At Sufferance

Tenancy at sufferance is a very limited type of tenancy that only occurs in specific instances. It could really be considered a transitional phase. Tenancy at sufferance exists when a tenant is "held over". A hold over tenant occurs when the lease has ended and a renewal has either not yet been offered by the landlord, or the landlord is unwilling to renew. The tenant is still remaining in the property and is thus a tenant at sufferance. At this point the landlord will either offer a renewal of the lease agreement to the tenant or proceed with an eviction of an unwanted tenant.

If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".

Nuisance! Definition And Info For Park City Property Management

Dylan Taylor — Fri, 22 Feb 2013 13:58:00 GMT

If you have leased a rental property as either a landlord or a tenant you are probably familiar with the term "nuisance". I would like to take some time to explain what a nuisance is legally defined as in Utah and also how the rules of a community or home owner's association can play a part in defining a nuisance.

Nuisance

Utah law defines a nuisance in two ways. The first definition describes a nuisance as "anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property". The second description of nuisance lists several criminal activities. Let's take a look at those first.

Criminal Activity

This may seem somewhat obvious but types of criminal activity can also be classified as a nuisance. Drug dealing our property being used as a drug house; gambling; criminal activity associated, for the benefit of , or at the direction of criminal street gangs; criminal activity committed to gain membership, increased status, or acceptance in a criminal street gang; and prostitution are some of the offenses specifically mentioned in Utah law to constitute a nuisance. The law also states that nuisance may be subject to action by a landlord against a tenant.

Non-Criminal Activity

Non-criminal activity deals more with the first definition of of nuisance: things that are injurious to health, indecent, offensive to the senses or somehow interfere with the free use and comfortable enjoyment of the property. Utah law also specifically lists two other non-criminal activities that can be considered a nuisance: party houses that frequently create the conditions mentioned above and "tobacco smoke that drifts into any residential unit a person rents, leases, or owns, from another residential or commercial unit ..... more than once in each of two or more consecutive seven-day periods" and creates the conditions described above. Partying and smoking are fairly obvious nuisances and in general things like loud music, pounding on floors, yelling, dogs barking non-stop, and general disregard for your neighbors could be considered a nuisance. However I would like to give an example of something that could be considered a nuisance but should be given some reasonable consideration. Let's say your upstairs neighbor has decided to tear out and replace the flooring in his property. He has decided to install tile that is in accordance with any community rules that may apply to flooring, he has pulled all necessary permits for the work and he is obeying any local quiet hours or noise ordinances. During the course of the work he uses a tile saw. Tile saws are extremely loud and could easily be described as "offensive to the senses" or can "interfere with the comfortable enjoyment" of your property. Is it reasonable to consider this a nuisance and pursue some action against it? In instances like this reasonable judgment should be used.

Community Nuisance Rules

Many communities or home owners associations also have rules about nuisances. If there is a Park City property manager they would be the first contact to get further information on nuisance rules in the community. General the governing documents of an association will contain a blanket statement that explains that any act or omission whereby any rule or provision of the governing documents is broken constitutes a nuisance. Most communities will also have specific rules regarding quiet hours, parking, pets, use restrictions on a property, etc. It is your job as a responsible landlord or tenant to make yourself aware of these rules and do your best to follow them. I would also recommend that if you think something you are doing could possibly be a nuisance reach out to your neighbors, landlord, or property manager and proactively work towards a resolution. For more information on Utah law you can click here.

If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".

You Can't Do That! - 3 Legal Tips For Park City Property Management

Dylan Taylor — Thu, 07 Feb 2013 13:58:00 GMT

Park City property management can become very confusing when examining the legal aspects so I have created these 3 legal tips for landlords that cover issues I commonly see people get wrong. This is not meant to be a long or exhaustive description of the laws surrounding property but rather the basics that a landlord is likely to encounter during the usual management of a rental property. Should you need further information or more specific legal advice you can consult the sources I list at the end of this blog or contact an attorney specializing in property management.

1. Entering A Property

I have seen both extremes when it comes to entering a rental property. From a property owner who manages their own property and will go in whenever they want because "It's my property!", to owners who buy investment property, hire a Park City property management company, and never set foot in their property. Whether entering a property to perform maintenance work, touring a prospective tenant while the property is still occupied, or a general property check there are basic legal guidelines in place. In most instances a landlord is legally obligated to provide a tenant with 24 hour notice before entering a property. A best practice would be contacting a tenant directly and scheduling a time however a notice left on the door will also fulfill this requirement. The only time it is appropriate for a landlord to enter a property without notice is in the event of an emergency. As a landlord you should realize that once a lease is executed you give up the right to enter your property whenever you would like. Respect your tenants and they will respect you and your property.

2. Changing The Locks

How many times have you heard the threat "I'm going to change the locks!" made when
talking about Park City property management? Perhaps you may have even said the same, or at least thought about it when a tenant is being problematic. If a tenant is not paying rent, is creating a nuisance in the community or engaging in illegal activity on the premises, or if the tenant is damaging the property you may feel it is your right, as a property owner, to change the locks. The truth is locks can only be changed by the landlord in very limited and specific circumstances and a court order must be obtained first. In fact, should you change the locks without a court order a tenant can contact the police and you could end up in a lot of trouble. Most landlords will not contemplate changing the locks without some cause for doing so. In this case the first step a landlord must take is a 3 day notice. This notice can take the form of a 3 day to pay or vacate in the case of unpaid rents or a 3 day to comply or vacate in the instance of behavior that violates the lease agreement. The key for a landlord is quickly posting a notice if your tenant has violated the terms of the lease agreement. At this point a tenant will either realize you are serious and get with the program or if they do not you have begun to take the proper legal steps to get them removed from the property.

3. Handling A Deposit

How quickly do you have to return a tenant's deposit? Is it upon move out? A week after move out? Never? What can and can't you charge a tenant for? These are all good questions to ask yourself when it comes time for a tenant to move out. And if you don't know the answers you should start doing some research. Utah property management law provides for a 30 day window after tenancy ends or within 15 days of receipt of the tenants new address, whichever is later. A tenant can be charged for any damages beyond reasonable wear and tear, cleaning, and other items provided for in the lease. In the event that there is damage above reasonable wear and tear then receipts for all work must be provided to the tenant explaining why this amount was deducted from their deposit.

If you would like more information about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".