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    Finding and keeping good tenants is top priority for any property manager and landlord.   A good tenant is money in the bank.  They pay on time and you don’t hear from them for another 30 days.  On the other hand, a bad tenant can be nightmare that you can’t wake up from.

As a real estate professional, I have managed my own properties and those of my clients.  During that time, I learned a lot about the value of fostering good relationships and the importance of a well thought out lease agreement.  

 A good lease recognizes potential problems or events where misunderstandings can occur.  It spells out in pure language what the remedies and expectations are for both parties.  Remember that a good lease can make life a lot easier for landlord and tenant.  If you do not have a lease agreement, you can get a free copy of a residential lease by clicking here.

Please review the following idea’s and topics for successful landlord/tenant relations.  Consider adding any clauses to your lease that clarify confusion about expectations or address situations that may leave room for interuptation.

1. Get Paid on Time:   Obviously, leasing property is a business and the landlord needs to be paid.   A positive way to encourage on time payment is to offer a discount of $25-$35 for rent paid on or by the 1st.   Also, include a $25-$35 late penalty clause for rents received after the 5th.
2. Cut Repair Expense and Calls:   Charge a $50 deductible for all repair calls.    I have found this invaluable in getting small things done by the tenant versus having to call a repair man to fix a minor item.
3. Repair and Maintenance Clause:  Specify that the landlord is not responsible for damage or repairs caused by the tenant.   (This clause saved me $100 last month for a garbage disposal failure that resulted from woody flower stems that clogged my disposer.)  In addition, spell out expectations for lawn and shrub care, trash removal, etc that the tenant is responsible for.  Include all remedies and charges for non-compliance in writing.  (If your home has central heat and air, provide the appropriate number of filters for the rental term and advise the tenant in writing about the schedule for changing the filters.)
4. Occupancy Clause:  State the number of tenants that can live at the property.   Insert a $50 per month charge for each occupant over the maximum number agreed to in the lease.   The number of people on your property affect the wear and tear, utilities, etc.   Make the tenant understand that if you rent to 2 people and 3 live there, then the rent goes up.
5. Pets:   If you agree to accept pets, describe and specify the pets you are allowing on the property.  Include a $50 per month rent increase for any additional pets that were not a part of the original lease agreement.   (Note:  If you rent to people with pets, always get a separate, additional deposit for the pet.  Pet deposits are not a part of the property security deposit.
6. Security Deposit:   Ask for a security deposit amount that is higher or lower than the monthly rent.   This will eliminate confusion by the tenant that the security deposit is the last months rent.
7. Expenses:   List all expenses that each party is responsible for.   Tenant shall pay electric and gas.  Landlord shall pay water and trash pickup.  Etc.
8. Applicances:  Attach a list of all appliances that are provided with the property.   A list can be essential at checkout, if your microwave is missing.
9. Tenant Insurance:  Advise the tenant in writing that they need to obtain insurance protection for their contents.  Further, add that the landlord bears no responsibility for personal possessions or losses of personal property.
10. Nuisance, Noise and Illegal Activity:   Most leases have boiler plate clauses for these items, but add any clause that is applicable to you, your property or your homeowners association to the lease agreement.
11. Move In/Out Inspection:  Have a Move In Checklist and photo’s of the property condition at the time the tenant took possession.    Have the tenant acknowledge in writing that they agree with the content list and the condition of the property at the time of inspection.   Use this move in checklist when you perform a checkout walk-thru.   This step can eliminate a lot of battles about security deposit refunds.
12. Smoke Detectors:   Address the number, location and inspection date for all smoke detectors.   Instruct the tenant that damaging or removing smoke detectors is a violation of the lease.  The tenant also has a duty to report any problem that arise with the smoke detectors during their occupancy.
13. Safety Issues:  At the walk-thru, show the tenant where water and gas cut off valves are.  Also, point out cut off’s at sink and toilet faucets.   Advise the tenant about any water penetration or flooding concerns.  Explain the electric fuse panel.  Instruct the tenant about lighting pilot lights for fireplaces, water heaters and furnaces.   Safety is job 1, so make sure everyone knows what needs to happen in the case of an emergency.

Landlording is a business that moves along much more smoothly if everyone understands what is expected of them.  For more information about landlording responsibilities and rights visit the law center at Nolo Press.

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I have received a lot of questions about property management, lately.   Yesterday, we addressed what it is that a property management company does, along with a list of criteria to help you determine if you need a property manager at all.

For those of you who need or want a professional property manager, today we offer up some good interview questions designed to give you insight and help you identify what  it is that you need to know before you sign a contract.

Questions to Ask When Interviewing a Property Manager:

1.  Monthly Cost:   Most managers charge a monthly fee to maintain, watch and care for your property.  Fee’s can vary widely, but generally you should expect to pay 5%-10% of the monthly rental for the management fee. 
2. Vacancies and Leasing Fee:  Most managers charge a fee for procurring a tenant for a vacant property.  This fee offsets the managers costs for advertising, showing the property and the time spent with paperwork.   The leasing fee can vary, but generally agents charge 1/2 of the first months rent for a signed lease with an approved tenant.  
3. Contact Information:   This is a big issue for me, as reaching my manager, if necessary, is essential.   I require that my manager uses email (my preference for non-emergencies) and also has a cell and office phone with voice mail. 
4. Accounting:   State laws dictate the rules of procedure for mailing checks to you and how security deposits are handled.  Verify that the company is licensed and fully compliant with your state association of Realtors.  Check with reporting bureau’s, such as the BBB, to see if any compliants have been filed against the management company and the status of resolution.   Get a committment in writing about the mailing schedule for rent checks and monthly expense statements before you sign.
5. Repairs and Maintenance:  Determine who handles maintenance and repairs for your property.  Does the management have in house service or do they subcontract the work?   Ask what services they can provide and which do they need to hire out?    You will also need to know the billing rate or how the repair charges will be based.   I usually allow my managers to make repairs up to $100 without contacting me beforehand.  This is up to you, but note that you can set a maximum with your manager.
6. Reserves:  What is the required cash reserve for anything that comes up?  Most managers will charge a reserve that is refundable if unused.
7. You’re Fired:  What is the termination policy, in case you discover that the relationship isn’t working out?  Find out what it will take to terminate, before the trouble starts.  Many companies charge a fee for early termination of the management agreement.
8. Statements:   Does the company provide monthly or quarterly accounting statements?  I personally don’t do business with companies that don’t provide a monthly accounting.
9. Yard Work:   Does the company have a lawn service that tenants can use?   Do they handle leaf and snow removal?  Landscaping or removing trash or debris?  If so, how much do they charge and how is it billed?  This type of service is a real plus for single family homes, especially those with treed lots, locations in storm areas or others with cold winters.
10. Property Checks:  Does the company have a drive by schedule for the property it manages?   Do they verify that the property is in good condition and leasing terms are adhered to during the lease term?
11. Advertising:  You want your property advertised.  Ask where they advertise the property?  They should use yard signs with an InfoTube or InfoBox, have a good website with a lot of photo’s of the property, upload your listing to free rental websites and make use of local classifieds.
12. Evictions:  Sad, but something landlords have to address upfront.  Does the company handle all evictions?  They should.   If so, what are the costs to evict a tenant?
13. Section 8:  Properties that qualify for affordable housing assistance should have a manager that is qualified to handle all the rules and regulations, so ask.  You never know when you might buy a piece of property that requires knowledge of the laws.

When interviewing property managers, these are the questions you will want written answers to before you sign any agreement.  

Tomorrow, we will look at little clauses and common sense items you can add to leases to protect yourself and your property.   They are also tools that your property manager will appreciate, should you decide to hire one.

If you are one of the millions of homeowners that have been unable to sell your home, one viable option that may be worth consideration is renting your property.   If you have entertained the idea of becoming a landlord, one of the first decisions you must make is whether to try it on your own or hire a property manager.  

While hiring a property manager can be great asset for your new, “involuntary” rental business, it can also be an expensive nightmare.   Carefully, review the factors to determine if you need a property manager, and if so, how to find the one that is right for you.

What does a Property Management Company Do??

Management companies deal with prospects and tenants.  They market your rental property, collect rents, handle maintenance and repairs,  respond to compliants and take care of evictions.   A good company saves you time, money and worry, giving you a peace of mind that your investment is in good hands.

Do you Need a Property Manager??

Hiring a property manager has many benefits, but it can be expensive.  In addition, relying on a third party is not for everyone.   Ideal candidates for professional management include:

• Distant Landlords:  If you don’t live near the property, management can be invaluable, if not necessary, for many issues that will arise.
• Hands Off:  If you hate the idea of meeting and interviewing tenants, receiving late night calls about stopped up plumbing or view rental property as an investment…you probably need a manager.
• Too Busy:   If you don’t have the time to landlord, work, and take care of the family, then management may be a good way to spend your money.
• Lots of Property:  The more rentals you own, the more you deserve a manager.
• Section 8 or Affordable Housing:  If your property participates in one of these programs, the rules are extremely complicated.  It is usually worth hiring a manager that has experience with your particular housing program to insure full compliance.
• If you Can Afford It:   A manager is always a great option, if you can afford the fee’s.  Typically, managers receive 5%-10% of the collected monthly rent for the management of the property.   In addition, most charge a fee equal to 1/2 of the monthly rental amount for procurring a new lease.  (If the property rents on a yearly basis, the leasing fee would only be paid once per year.)

How to Find a Good Property Management Firm??

• Referrals from trusted colleagues or friends is always best.
• Check out the website of the National Association of Residential Property Managers.  Click on Search Property Managers.
• Visit the Institute of Real Estate Management and click on Find a Member.

In conclusion, hiring a property management company can be a fantastic option, or not.   If you have decided to hire a property manager, or if you would like to learn specifics about what you should ask beforehand, please check back with our blog on Tuesday, July 1st.  

The topic will be “What Should you Look for When Picking a Property Management Company”? 

One of the unintended consequences of high fuel prices is the apparent effect upon home sales, urban planning and a shift to inner city living, as people flee the suburbs to cut their commute time and expense.

A new report, Driven to the Brink, issued by CEO’s for Cities, a non-profit group, points out the fact that high gas prices have been an overlooked factor when evaluating the reasons behind the housing crisis.   The report finds that the decline in home prices has been more severe in metropolitan areas and suburbs that require lengthy commutes, and where there is a lack of public transportation.

That sentiment was also reflected in a poll of 900 Coldwell Banker agents.  96% of the agents surveyed reported that rising gas prices were a major concern for buyers and 78% said high fuel prices were driving demand for city living.

As real estate prices and sales volumes are studied, it certainly seems that the price of driving a car is changing the definition of location, location, location.   Homes that are close to public transportation, jobs, schools and shopping are selling, even in today’s “buyers market”, as home buyers place greater importance on cutting gas bills and commute times.

What this means to sellers, buyers and investors is that people are looking at where the home is located in a new way.  They are considering the price of gas and driving time before purchasing.   Drivers paying $4.00+ per gallon for gas, do not take commutes for granted, nor will the allure of new construction, granite counters and stainless appliances pull them out to the suburbs, away from their jobs and schools.

In conclusion, gas prices are changing real estate values and the shift appears to be permanent.  Vibrant cities with good public transportation have become a lot more valuable, while rural area’s and suburbs, built on $2.00/gallon gas, have lost their appeal.    This shift is a tremendous opportunity for cities and developers who remix land uses, add higher density housing and better transporataion.

If you are selling or buying a home, you must understand the impact that gas prices have on the definition of location.  You may quickly discover that the rising price of gas means living near the train station is the best thing for your bank account and your home appreciation.

Be forewarned, that the evening news, websites, radio shows, TV programs and foreclosure bus tours that tout foreclosures can be purchased for a bargain, or worse, that they will make the purchaser wealthy in coming years are little more than “paid for” hype.    Don’t buy it.

In my 25 years of real estate experience, I have discovered that for the most part, foreclosures are no bargain.  They are laden with serious problems and lengthy delays, making them “deals” for only those pro’s with patience and a strong stomach.

Foreclosed homes are not wonderful, like the media would have you believe.   The large asset departments that handle foreclosures (REO’s) are managed by employee’s with hundreds of files and no incentive to help the sale close.  They don’t care if the property sells or not, they earn their paycheck, holidays and vacations, in either case.   The truth is that only one of every three offers made to a lender will actually end in closing and Buyers should expect to wait weeks to learn if their offer was accepted. 

In addition to the hassles of dealing with the “could care less” personnel at the lending institutions, getting these homes inspected is also a challenge.  In many cases, entry before the sale is not even possible.  No effort has been made to clean the homes or remove the abandoned trash.   The utilities have long been disconnected.  And, all lenders have a “as is” clause in the sales contract, which states that the lender is not responsible for the condition or repair of these homes, even if they are obvious and necessary.

Another problem with buying foreclosures is that the  owner who lost the home long stopped caring about the property, and in some cases, even retaliated in anger. 

• Always assume if something broke or stopped working, the owner didn’t spend money to fix it.
• Some angry people actually retaliate by attempting to destroy the house. They smash holes in walls and ceilings, plug the drains and turn on the water to flood the home, rip through the sheet rock to steal copper and wiring to sell as scrap.
• They steal the appliances, light fixtures, kitchen cabinets and HVAC units to resell.
• They leave anything and everything behind that they do not want.  In many cases, this even includes helpless animals which are discovered locked inside the abandoned homes.

Buying foreclosures is not for the faint hearted and it is a myth that bank-owned properties are a bargain.  In truth, REO’s are a messy hassle and the cost of repairs often exceeds the value of the home, after the repairs are done.  

I don’t care what commercial you watched or which seminar you attended, if you they haven’t told you this information, they did not prepare you for the reality of the purchasing a home lost to foreclosure.

Thank you for visiting InfoTube Homes for Sale. 

In an effort to soften the sharp housing downturn, the Senate recently passed a $150 Billion Bill to provide relief for homeowners, in theory, for homebuilders, for certain.

The “foreclosure relief” bill, which now moves to the House for approval, sounds helpful, but falls shamefully short on solutions or assistance for homeowners losing their houses.   In fact, the only set aside for those facing foreclosure is a $100 million in counseling assistance, which possibly makes sense to prevent over-borrowing, but accompishes nothing after the fact.

Relief for Homebuyer’s received a mention in the bill, but the real help offered was for the benefit of bankers, developers and builders.   

The bankers and builders receive a $25 Billion Dollar Tax Rebate and plans to steer buyers to their foreclosed properties, with the lure of a $7000 future tax credit.   The bill provided a $0.00 tax credit, if homebuyer’s purchase a home owned by anyone else.

Translation:  Homeowners, who are paying their mortgages on time, will suffer an immediate $7000 loss in home value, as they attempt to compete against lenders, builders and developers when selling their property.

In Conclusion:   The $150 BILLION Dollar Relief bill harms taxpayers and homeowners, and does little for families in financial trouble.  The only “help” offered is for the politicians, banks and the powerful, cash laden, National Association of Home Builders, who threatened to stop handing over millions of dollars in campaign donations, unless they were cut in on the taxpayer give away.   The result.  When the votes were counted… the money counted more.  The Senate sealed the deal by a 84 to 12 margin.

Question:  Have we had enough, already???   Don’t you think if the US Congress really wanted to help the housing market, they would simply offer a $7000 tax credit to anyone who buys a home that they intend to live in (ie: no investors), no strings attached???    Instead, homeowners and buyers are penalized in favor of the banks and builders who likely created this mess in the first place.

Action:  I urge everyone who cares about their home to immediately write their State Representive in protest, before this bill is passed.    We don’t have millions of dollars for lobbiest or bribes to get their attention, but we do have numbers and the power of the pen on our side.

Good news for Homeshoppers.  The nation is bracing itself for a wave of new, mortgage defaults, as early as June.  

The Fed estimates that 1.7 million subprime loans, originated in 2005 at the top of housing boom, will reset in early summer.  The Fed goes on to say that without loan modifications, 1.4 million of those loans could become a problem, spelling more trouble for an already burdened market.

The truth is that foreclosures are only beginning to accelerate, leaving a wake of suffering in their path.  Until the inventories move and owner’s occupy now vacant property, we will likely face further price declines of more than 20% by next year.  

So, who among us will suffer the most??   Simply, the regions and states with the highest foreclosure rates.   

              The Top 10 Foreclosures States:

1. Nevada
2. California
3. Florida
4. Arizona
5. Colorado
6. Georgia
7. Ohio
8. Michigan
9. Massachusetts
10. Maryland

While the news pundits, scholars and politicians debate whether the US is actually in a recession, the hard-working US citizen has no doubt.  We are in a recession and only bottom we see is the one in our empty pocketbooks.

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         According to a poll by Housing Predictor, originator of the most heavily watched studies in real estate, 3 out of 4 consumers polled want to buy real estate within the next 2 years.  After a two year housing slump, this is certainly welcome news. 

Ironically, record foreclosures are at least part of the reason for the real estate fever.  It seems many consumers are willing to jump back into the housing game due to slumping sales, falling prices and interest rate cuts which make buying more secure and affordable.

To date more than 2 million homes have been foreclosed and the number of homes in the process of foreclosure are still increasing.  Forecasts call for 5.6 million foreclosures through 2010 unless the Fed intervenes in a widespread manner, which is unlikely and possibly ill advised.

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   With many major home builders clearly struggling, why aren’t new home prices falling as fast as we see in the pre-owned home sector?  The answer is they are, but the discounts come in the form of incentives to purchase, rather than price cuts.

Home builders are relucant to slash prices in their own developments with good reason.   Dropping prices creates panic among homeowners who have already purchased and encourages buyers, who are still under contract, to walk their deals and run for the hills.

For example, publically traded Lennar homes disclosed that their base sale price has remained stable, but their average incentive to new buyers is approximately $50,000 per home.  This slight-of-hand discount allows Lennar, like other builders, to discreetly reduce their prices, instead of obviously reducing their prices.

Home builders choose to give away free appliances, vacations, cars, special financing or free swimming pools in order to keep peace in the neighborhood, while maintaining higher prices for the community and future build jobs.   So, why does this appealing alternative only work for builders and new homes??

Incentives work for builders because they are in control of the inventory in a new home development.   Individual sellers in existing neighborhoods have a difficult time “sweetening the pot”, as an option to slashing their asking price, because unlike the builders, they can not control what price their neighbor will sell for.

When making an offer for a new home, don’t expect your builder to accept an offer $50,000 less than the sales price, but do take them up on their offer for a new BMW.

    Home sales and prices continued to drop in the Bay Area, with the median sale price hitting below $550,000.

A total of 3,989 new and resale houses and condos sold in the nine-county Bay Area in February, down 36.7 percent from 6,305 for February 2007, DataQuick Information Systems reported.

January and February are typically the two slowest months in DataQuick’s statistics, which go back to 1988.

“Sure there are price declines out there, especially in inland markets. But it’s not realistic to think many sellers are going to drop a $600,000 or $700,000 asking price down to $550,000 just so a buyer can finance with a conforming loan. We can only conclude that a lot of activity is just on hold, hence the spectacularly low sales counts,” said Marshall Prentice, DataQuick president.

In Alameda County, sales dropped 44.5 percent to only 753 sales and the median home price dropped almost $100,000 to $486,500. Contra Costa reported a 35.1 drop in sales and a new median sales price of $450,000. San Mateo also dropped 35 percent in home sales and its median dropped to $646,500 from $720,000 in February 2007.

Solano County also had a 39.3 drop in sales and the median sales price dropped $95,000 to $350,000 from last year.

The median price paid for a Bay Area home was $548,000 last month, down 0.4 percent from $550,000 in January, and down 11.6 percent from $620,000 in February 2007

     Southern California home prices continued to fall at a record pace in February, and are now at 2004 levels, a real estate information service reported today.

The median price for a Southland home last month was $408,000, down 17.6% from a year ago, according to DataQuick Information Systems. Area home prices have now fallen 19% on average from their peaks last year.

The steep price declines are putting many more homeowners “upside down” — owing more on their homes than their homes are worth. Forecasters say foreclosures will likely continue to rise and prices will fall further.

About one-third of Southern California homes sold in February had been foreclosed since January 2007, according to DataQuick. A year earlier, previously foreclosed homes accounted for 3.5% of sales.

BREAKING SOUTHERN CALIFORNIA HOUSING NEWS

Since September, each month’s sales totals have been the lowest for comparable months since 1988, DataQuick said.

The rapid pace of the decline has led Los Angeles economist Christopher Thornberg, who last year predicted a 20% decline in Southern California home prices, to revise his projection. He now thinks prices will fall 40%.

In the last real estate bust, Southern California home prices dropped 19% between 1991 and 1997, according to DataQuick.

The median down payment on homes purchased last year was 9%, according to the National Assn. of Realtors. With median prices down by more than that percentage in Southern California, it is likely that the typical homeowner who bought last year is now upside down. Last week, the Federal Reserve reported homeowners now own less than half the equity in their houses, the lowest level since 1945.

UCLA Anderson Forecast Director Edward E. Leamer also believes home prices are still declining. He had predicted a 20% to 25% decline from the peak.

Leamer thinks his prediction is still on target, and that other indices show a slightly smaller price decline so far. The Case-Schiller Index, for example, shows Los Angeles and Orange County home prices to be 15% below their peak. That index, Leamer said, shows the market is still correcting itself.
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With falling home prices, rising energy prices and expanding waist lines, a walkable neighborhood is always in demand.   A play on that idea is found at a new website which identifies walkable neighborhoods in any town.   

Check out the “walkability” of your neighborhood by going to www.walkscore.com .  Enter a property address and the website will rate the neighborhood on a scale from 0-100 on how easy it is to walk in the area and destinations within a one-mile radius.   Walkscore.com makes it fun to identify grocery stores, shops, churches, parks, etc. in any neighborhood and also provides info on area demographics, crime, etc.  

If you are buying or selling a home, visit the walkscore.com website and check out your location for walkability, community and accessibility.

As always, thanks for visiting infotube.net.

Property Preservation Firms are a hot new service industry breaking out in the real estate field.   As more lenders take on thousands of foreclosed properties, they are enlisting the help of local firms to keep their REO properties in a livable condition, thus preserving the integrity of the neighborhoods.

It is projected that over $1 billion dollars will be paid to property preservation firms in 2008.    The firms are hired, with digital camera in hand, to report emergency situations such as plumbing leaks, roof failures, over grown landscape, downed tree’s and any safety issues they find in the vacant property.  The companies will also continue to watch over the properties to insure that squatters are not living in the homes, nor are the assets, such as appliances, HVAC, etc. being stolen and resold.

To date, there are no major players in this booming, new field.  Reports indicate that there are presently 7000-8000, small “Mom and Pop” business providing these services to lenders.  This leaves a lot of opportunity and money on the table for the forward thinking contractor, realtor or home builder looking for a way to survive and thrive in this downturn.

I would like to applaude the proactive, “Win-Win” measures the lenders are taking.   As they struggle to keep up with the pace of foreclosures and growing number of vacant properties, they seem to understand that the neighborhood its homeowners suffer.  

Funding preservation is a great move which should help neighborhoods remain stable, free of squatters, crime and further deterioration.

If you are one of millions of homeowners who are struggling to keep your home, please check out Hope Now.  Hope Now is a cooperative effort between HUD-approved counselors, investors and lenders to maximize outreach efforts to homeowners in distress. 

Hope Now is a non-profit organization and also offers  useful links and resources for homeowners. 

You can reach a Hope Now counselor by dialing 1.888.995.HOPE or by visiting the website www.hopenow.com

Seller or owner financing increases the pool of potential or qualified buyers for most real estate, but it has its own considerations.   If you are interested in exploring owner financing, ask yourself the following questions:

1. Will you need the cash you are loaning to the buyer to purchase your next home?  If so, bank rolling the sale is probably a bad idea.
2. Are you willing to assess the creditworthiness of the borrower?  Banks are experts at loan underwriting and analyzing the sources for loan repayment.  If you aren’t willing to do the work, it’s probably a bad idea.
3. Do you need monthly income?   If so, and you are in a low income tax bracket, you will probably do OK, but remember mortgage interest is taxable income.  If you are in a high tax bracket, you would probably do better investing in tax free muni’s.
4. If the buyer/borrower defaults, can you afford to lose the money?   If the buyer stops making payments and you can not the monthly expenses, it’s probably not a good idea?
5. If the borrower defaults on your loan, are you in the postition to foreclose?  Foreclosure can be a lengthy and costly process.   Do your homework to decide if a “worst case” situation is one you are willing to face if necessary.   If you aren’t in the position to foreclose, loaning the money is a bad idea.

If you aren’t willing or can’t do what every smart lender would do, you are better off waiting for a buyer with his own source of funds.    If you can comply with all the conditions, then and only then, should you consider bank rolling your home sale.

If you have decided to learn more about the option of owner or seller financing, our next topic will cover the steps involved in setting a financing transaction in motion. 

Thank you for visiting the InfoTube Real Estate Blog.