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.
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Today's blog post is the second part in a two part series on eviction. The previous post, Eviction How To From Property Management Park City Utah, can be found by clicking here. This time I will be talking about potential alternatives to eviction in Park City property management. As previously discussed eviction can be a difficult and lengthy process in Utah property management. Therefore I feel it should be used as a last resort after other possibilities have been exhausted.
Communication
I know this sounds obvious as I write it but you should talk with your tenants before beginning an eviction. Discuss the problem and potential solutions. If payment is late find out the cause and when the tenant will be able to pay. If they need a week because they had some unexpected car trouble and need a paycheck to catch up it really isn't worth an eviction. Are they violating other terms of the lease such as making noise after quiet hours or too many pets? Reach out to your tenants and honestly talk about the problem. Perhaps they are not aware the noise they are making is a nuisance or what the pet policies are. Maybe they are dog sitting for a friend and they pet will be gone soon. There are many reasonable decisions or circumstances that can result in a tenant violating a lease. Discussing solutions with a tenant can resolve most problems. Other tips for discussion are to pick a neutral public location to meet and use an understanding, non-threatening tone. People are more likely to listen and not argue if you are willing to do the same.
Notice From An Attorney
Nothing makes people pay attention faster than a letter from an attorney. If you have a Park City property management company they should already have a working relationship with an attorney and pre-drafted notices on hand. If you manage a property by yourself contact with an attorney knowledgeable in Utah property management law can be very beneficial. If you've called or sent letters to your tenant and have received little or unfavorable response then a letter drafted by an attorney will at a minimum let your tenants know that you are serious about enforcing the provisions in your lease. Most people are not interested in legal trouble and spelling out specific obligations and consequences for not meeting those obligations can help stubborn tenants see the light and correct inappropriate behavior.
Release The Current Tenants
Maybe the reason your tenants are being difficult is they no longer want to live in the property. Maybe they've changed jobs and added an hour to their commute. Perhaps they've just had a baby and that one bedroom isn't working out. There can be any number of reasons why a person needs to move and a lease could be the only thing holding them back. Their frustration over feeling trapped by the term of a lease can be manifesting itself in a lack of concern for the rules. Or maybe they have simply outgrown the property and it no longer fits their current life circumstances. A lease is essentially an agreement between two parties of the possession of a piece of real property. If the two parties can reach a subsequent agreement then the terms of the lease can change. Perhaps the current tenants allow you to market and tour the property in exchange for them being able to leave in 30 days. Maybe the tenants themselves can go find new renters which, after approval from the landlord, can take over the lease of the property. You can always negotiate some type of buy out as well. Perhaps the tenants are willing to pay you an extra month's rent if they can leave. Or, depending on how badly you want the tenants out, maybe you as the landlord offer to pay moving costs. Money talks and this may be the ticket to having unwanted tenants out without resorting to the lengthy and possibly expensive process of eviction.
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".
This will be the first in a two part blog series regarding eviction in Park City property management. My goal is to first provide some basic information and sources for eviction proceedings in Utah property management and then some possible alternatives to eviction so landlords will have at least a general idea of the options available to them when dealing with a potentially difficult situation.
Eviction Process - Property Management Utah
If you are anything like me you will take every effort possible to avoid an eviction. This can be anything from doing a thorough background check prior to renting to working with a tenant in every way available to you. Eviction is a difficult and time consuming process both for the tenant and landlord. Non-eviction options will be covered in my next post so lets dive into the eviction
process for property management Park City Utah. The first step any landlord must take to begin an eviction is to post a "Notice to Quit". This can also be called a "Notice to Vacate" or more informally an eviction notice. The type of eviction notice and the amount of time required depends on the tenants current status and how they came to be in the property. If you have questions or are unable to answer these questions in regards to your tenant the best option is to consult an attorney familiar with Utah property management law. As always the advice given here is meant only to help you get started in the right direction and should not be considered legal advice. Always make sure you are sending the proper notice to the tenant as failure on the part of the landlord can result in the case against the tenant being dismissed in court. Once the amount of time specified in the notice to quit has elapsed the landlord must file a Summons and Complaint for an Unlawful Detainer (eviction) lawsuit with the district court. The complaint is then served on every tenant being evicted by a constable, deputy sheriff, or adult who is not a party to the eviction.
After the complaint has been served a tenant must file an "Answer" with the court within three business days. This is the tenant's opportunity to state why they should not be evicted, start a defense against the complaint and file their own claims against the landlord if they have any. If the tenant cannot file within three days they can file a motion with the court for more time, to be granted at the judge's discretion. If the tenant does not answer the landlord may ask for a default judgment and "Order of Restitution" This directs the sheriff to forcibly remove the tenants. If the tenants answer within three days the case will proceed as a civil case.
Summary
The Utah courts system and the Utah Code are all sources for the information provided in this post. You can look at the court's page on Utah landlord and tenant law by clicking here. The Utah code is also a good source for the exact wording of the law. I've found it also can function wonderfully as a sleep aid. You can find the codes applicable to eviction law here. The eviction process can be lengthy but there are a few methods for speeding things up depending on the nature of the claim. The web page maintained by the Utah courts is a great resource if you have further questions. Look forward to my next post when I explore alternatives to eviction.
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".