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".
Fortunately for all property owners, real estate agents and property managers the situation of a stigmatized property does not come up very often in Park City property management. There are however important state laws regarding stigmatized property that are at least informative and in the event you become involved in a stigmatized property situation you can know how it applies to Utah property management.
Definition
For property management Park City Utah and for the state of Utah in general a stigmatized property is defined as "the site or suspected site of a homicide, other felony, or suicide;(b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or (c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act." For the purposes of this post I will stick to mainly the first definition and discuss the third definition, drug use in a property, and in particular methanphetamine use or cooking in another subsequent post. As you can see any situation that can result in a property becoming stigmatized is very serious, particularly if there has been a homicide or suicide. If a felony is committed by the occupants of a property the best course of action is to pursue an immediate eviction of the tenants. Other situations may require a more complex and thoughtful approach in dealing with these extraordinary circumstances.
Legal Requirements
Utah law also has information on the requirements of a real estate agent or property owner on disclosing whether a property is stigmatized. The Utah code reads "(1) The failure of an owner of real property to disclose that the property being offered for sale is stigmatized is not a material fact that must be disclosed in the transaction of real property. (2) Neither an owner nor his agent is liable for failing to disclose that the property is stigmatized." As always I am not an attorney, I just work in Park City property management. If you are in need of further advice please consult an attorney familiar with property law. That being said the basic idea of the law is that a property owner or their agent is not at fault for NOT disclosing that a property is stigmatized. This covers the agent and seller in the event that they did not know and also if they choose not to disclose information about a property being stigmatized. However if you are asked directly you must answer truthfully as the law does not allow you to lie about your knowledge of the property.
Best Practices
My experience is Park City property management has always been that telling the truth is the best option. If you find yourself in a situation involving a stigmatized property that you are either attempting to sell or get rented honesty really is the best policy. Be up front with interested parties. Sell the prospective party on the great aspects of the property and then give them an honest assessment of what you know. You will find that most people are understanding when they feel they are being dealt with honestly. The last thing you want to have happen is a neighbor being the first person to tell your new tenants about the history of a property!
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".
When it comes time for a property to be returned to a rentable condition after a tenant leaves there are several points you should be aware of. In a previous blog post, Park City Property Management - 3 Key Time Periods For Lease End, I covered some of the main points. In this post I would like to deal specifically with the idea of damage versus wear and tear, particularly when it applies to determining the amount of deposit to refund to a tenant.
Definitions
Let me preface these definitions by first saying that I am not an attorney and this should not
be construed as legal advice. The purpose of this blog is to point you in the right direction if you have questions and provide some basic information. If you need further information I suggest you contact an attorney who specializes in Utah property management. Perhaps the most concise definition of "wear and tear" is unavoidable deterioration resulting from normal use. The idea of normal use is somewhat expounded upon in the Utah Fit Premises Act with ideas like reasonable and "in the manner for which it was designed" highlighting the correct care of a property and terms like "negligently destroy" defining the incorrect care. Damage, as you may already understand, is something that did not arise from the normal use of a property. Part of being a responsible tenant is notifying your landlord in writing if there is a necessary repair. I discussed this in more detail in Tenant Tips - 4 Tips From A Park City Property Management Company.
Examples
I think that providing a few examples of damage versus wear and tear will help to establish a base line for determining things on their own. It is impossible to cover every situation and terms like "reasonable" and "negligent" can be very subjective. This list is not meant to be exhaustive but rather to help establish an idea of what constitutes both concepts so the reader can make a more informed judgment going forward. With that in mind lets begin. A 
loose or sticky door handle, or a handle that falls off would be considered wear and tear but a broken door handle or door jamb from a forced entry would be considered damage. Carpet that is worn and in need of cleaning would be considered wear and tear while burns, tears, stains, and other similar items would be considered damage. The same could be applied to an linoleum or wood flooring in a property. Scuffing, dull finishes, and fading are wear and tear while gouges and tears would be damage. An oven burner or range element that no longer works would be wear and tear while a missing burner, oven racks, or other parts would be damage. Microwaves quit working, plumbing leaks, faucets drip, and disposal seize up. These items are all wear and tear. Missing microwave trays, repeatedly clogged drains, broken faucets, and a fork in the garbage disposal could all be considered damage. Cracks in walls due to settling along with faded, cracked or chipped paint is standard wear and tear while holes in walls from paintings and pictures that are not properly patched, sheet rock damage caused during moving, and an unauthorized paint color applied by a tenant would all be reasonably considered damage.
Summary
I could continue on with many more damage versus wear and tear examples but I think we all get the picture. Best practices for landlords and tenants is to always perform a walk through when moving in and use a form that spells out landlord and tenant responsibilities and allows a tenant to make note of any items or conditions in the property that are present at move in. If you encounter a situation that is perhaps not as clear as the ones listed above communicate with your tenant and work towards a reasonable compromise for all parties.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
We all know the classic image of an ostrich with its head buried in the sand. We probably all laugh at how foolish the ostrich looks and wonder how it could possibly think that by covering only its head, while its entire body is completely exposed, it can somehow avoid something dangerous. In today's blog post I would like to talk a little bit about how landlords and tenants sometimes bury their head's in the sand in Park City property management.
Avoidance Behavior
Dictionary.com defines avoidance behavior as "a pervasive pattern of avoiding or withdrawing from social interaction; a defense mechanism by which a person removes himself/herself from unpleasant situations". I'm not saying we are all completely avoiding difficult situations, or withdrawing from any social interaction. And if you are then this blog is DEFINITELY not the kind of help you need. However I'm sure we've all been in situations where a problem must be faced, sometimes big and sometimes small, that we would rather not deal with for a variety of reasons. I'd like to take a look at some situations that can occur in property management in Park City where burying your head in the sand and ignoring the problem can only lead to further complications and difficulties.
Ostrich Landlords
Let me paint a picture for you that perhaps you can relate to. It's Friday afternoon, you're getting ready to enjoy a nice weekend with your family once you finish up with work when you receive a phone call from your tenant. To spice this up a little more let's say that the tenant always pays on time, takes care of your property, but is always calling you about ticky-tacky items to the point where you are becoming frustrated with the frequency of their calls.
The tenant tells you there is some water under the kitchen sink and they aren't sure where it's coming from. Here is your ostrich moment. You could very easily tell them to put a towel under the sink and you will stop by when you have a moment, and then get busy enjoying your weekend. Or you can face the issue head on and solve the problem. The water could easily be coming from a loose drain connection that simply needs tightening, or your tenant could have just spilled something when they were throwing some garbage away, not noticed, and then later discover the water and think there is a plumbing problem. Or you could have a worn out connection on the pressurized cold water line that is one slight nudge away from failing completely and flooding the property when your tenant is also out enjoying their weekend. The truth of the matter is you don't know. So don't bury your head in the sand, get over there, solve the problem and get on with enjoying your weekend. Or better yet hire a Utah property management company and never worry about this scenario again.
Ostrich Tenants
Now let's take a look at avoiding a difficult scenario from a tenant's perspective. The first of the month is just a few days away, you've had some car trouble that ended up costing you a lot and you're in a position where you can pay rent or buy some groceries but you can't do both. Your next paycheck is more than a week away which also happens to be past the deadline for late payment spelled out in your lease. This is your ostrich moment. You can go about your week, pay your landlord when you get the money and hope nothing bad happens. Or you can contact your landlord, explain the situation, and express your desire to pay rent and fulfill your obligations, and let them know when the money will be available. Facing the problem will keep your landlord informed on the situation and they should be willing to work with you as you've been a great tenant and they understand that everyone gets in a tight spot sometimes. You will avoid phone calls from the landlord wondering where rent is, posting of notices, and possible eviction proceedings.
For more information on Park City, Utah property management download our free white page "5 Questions Every Landlord Should Ask Themselves".