by Barker Realty, Inc. | Nov 19, 2019 | Property Management Blog, Raleigh Property Management, Tenant Management, Tips for Landlords
This blog is the second half in our two-part series, “Understanding Evictions.” In our previous post, we discussed steps Raleigh property managers should take early on in the eviction process. We observed that most tenants opt to change their ways (or more commonly, pay owed rent) before the matter goes to court, since a bad court record can hurt them in the future. However, some cases do make it to court, and these are the ones we will discuss today.
After Delivering the Eviction Notice
Once you have delivered an Eviction Notice, you will have a waiting period, which should be stipulated in your lease agreement. It is usually between 10-30 days, depending on your location. The waiting period is just that–waiting for the tenant to respond or take action. If your waiting period passes without any sign of change, it will be time to file the eviction with your local court.
Formally Filing an Eviction
To file an eviction, you will have to go to your local courthouse in person and pay a fee. You will also likely have to present a receipt from the post office to prove that you have allowed the requisite amount of time to pass after sending the eviction notice. If all is as it should be, the clerk of court will schedule a time for a hearing. A summons will be sent to your tenant on your behalf; there is no need for you to do anything.
Preparing for the Hearing
As the date of your hearing approaches, gather all related documentation and proof of your claim, including:
- Lease agreements
- Bounced checks
- Records of payment of any kind
- Records of the communication between you and your tenant (phone and email)
- A copy of the written notice that you provided your tenant
- Dated proof that the tenant received the notice (this can be a receipt from the Post Office)
Remember to get some sleep the night before your scheduled court date so that you are attentive during the hearing. Always be honest, and let your documentation/evidence speak for itself.
Evicting the Tenant
If all goes well in court, the eviction will be granted and the tenant will be assigned a set amount of time to leave. This can range from 48 hours to a week. If your tenant does not leave by the deadline, you will have the right to have them and their possessions escorted out by law enforcement.
Collecting Back Rent
If the eviction was financially motivated, your next priority will be collecting past-due rent. Some courts will allow you to combine the eviction with a small claims lawsuit, as long as the two cases are related. If this is the case, you can sue for back-rent at the same time as the eviction case. If your local court does not allow this, you’ll have to file a separate small claims lawsuit to pursue the owed rent money.
Protecting Yourself in the Future: Hire a Raleigh Property Management Company
Evictions can be time-consuming and costly—up to $5,000 per tenant! The best way to avoid them is to gathering as much information as you can about potential tenants before they move in. Our experienced Raleigh property management company can thoroughly screen rental applicants so you can rest assured you are receiving high-quality, trustworthy tenants. To learn more about Barker Realty and what we do, click here!
by Barker Realty, Inc. | Nov 5, 2019 | Property Management Blog, Raleigh Property Management, Tenant Management, Tips for Landlords
No matter how thorough your tenant screening process, the fact of the matter is that screening only filters out tenants who have already built up a bad history. It’s rare, but possible, that a tenant with a clean background check, strong credit history, and good references will start to go South, for the same reasons that we all slip up in life. In some cases, you and your tenant might be able to come to an agreement. If not, you may find yourself with an eviction on your hands.
While evictions are costly and stressful, they are a natural and normal part of property ownership. They are also often the best way to protect your investment and yourself. Between property damage costs (such as exterminating an infestation) and opportunity costs (angry neighbors discouraging other tenants from renting), keeping a bad tenant can ultimately be much more expensive than an eviction. Below is a brief walkthrough of the eviction process for Raleigh investment property managers.
Understand Local Eviction Laws
Firstly, review the tenant eviction laws as they pertain to our state. You should especially review the The Uniform Residential Landlord and Tenant Act (URLTA), which provides a more detailed explanation the eviction process. If your lease agreement was drafted with state laws and URLTA in mind, it is probably within your rights to evict someone, under appropriate circumstances.
Do Not Take Any Actions Without a Court Order
It is very important to understand that certain actions are illegal in every state, no matter how much the tenant is damaging your property or infuriating the neighbors. You cannot legally do any of the following:
- Remove the tenant’s property from the unit
- Hire someone to physically remove the tenant
- Change the locks while the tenant is away
- Shut off essential utilities, such as electric, gas, and water
- Do anything to encourage the tenant to leave (i.e. release spiders into the basement)
In order to perform a legal, by-the-book eviction, you will need to prove to the judge that you are an upstanding, law-abiding citizen. Be patient, and follow the process. The more lease agreements the tenant violates, the easier it will be to evict them.
Make Sure Your Reason for Eviction is Valid
Typically, the following reasons are sufficient for an eviction, provided the tenant has been given fair notice:
- Failing to pay rent
- Violating the lease/agreement (allowing pets, subletting, etc.)
- Causing significant property damage
- Breaking noise, occupancy, or health ordinances
- Causing health or safety hazards
Remember that you will need documented proof of any claim you make against your tenant.
Give the Tenant a Formal Eviction Notice
One of the most important steps in the eviction process is to provide adequate Eviction Notice. This is usually a simple document that informs your tenant that they are being evicted; why this is the case; and what they can do to avoid the eviction (pay rent, clean up the property, etc.) You can make things easier on yourself by using this North Carolina-specific template. You must both tape the Eviction Notice to the tenant’s front door, and mail it to them via the US Postal Service.
Still with Us? Check Out Part 2: Going to Court
The majority of evictions end here, with the eviction notice, as most tenants do not want to go through the struggle of court procedures. However, if a week or so goes by with no noticeable change, it will be time to file the eviction with your local courts. For guidance on how to do this, check out Part 2 of our series.
by Barker Realty, Inc. | Sep 23, 2019 | Property Management Blog, Tenant Acquisition, Tenant Management, Tips for Landlords
Almost all investment properties include a criminal background check, credit card check, landlord reference check, proof of employment, and eviction report in their tenant screening process—and these are all musts for you, as well. By asking just a few simple questions, you can separate the wheat from the chaff and only allow qualified renters to sign a lease. Below are key questions to ask when screening tenants for your Cary investment property.
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What date would you like to move in?
This is one of the best preliminary tenant screening questions, because it quickly establishes whether or not you and your applicant will be the right fit for each other. Perhaps you have a vacancy that needs to be filled immediately, but your potential tenant can’t move in for another month or so. Or, perhaps the applicant is looking for somewhere to live immediately. It you determine up-front that your property won’t work out for each other’s timeline, you’ll save yourself significant time and hassle.
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How long have you lived in your current home?
It’s smart to ask potential renters about the duration of their past and current residencies. If they seem to lack stability, hopping around from property to property, chances are that they’re likely to do the same to you, leaving you with a vacancy to fill. Keep in mind, though, that this behavior is more typical for recent graduates and young professionals, so it is not always necessarily a red flag.
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Why are you moving?
This simple, yet mighty question could help to reveal a tenant’s past issues which they will bring to the new property. Ask tenants what bothered them about their previous living situation, and note how they communicate their frustration. If your very first interaction with a potential tenant leaves you wanting to pull out your hair, just imagine what it will be like when they have a legal right to the property! It might be better to save yourself the headache, and move on.
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Are you a pet owner?
This isn’t so much a question you should ask the tenant, as much as a question you should try to answer for yourself through observation. Many pet owners do not give an honest answer when asked this question, because they do not want to incur the additional fees. However, you could use context clues to suss out more information. You may be able to observe cat or dog hair clinging to their clothing, for instance. This is why we highly recommend interviewing prospects in person, not over the phone.
Make Property Investment Easy with Barker Realty Property Management
While credit reports, background checks, and reference checks are indispensable parts of the tenant screening process, nothing compares to the “gut feeling” a seasoned property manager has when speaking to a prospect. With over 30 years in the Raleigh property management arena, we know what makes a good tenant and what makes a bad one—and we’re happy to pass our expertise onto you!
If you need help screening tenants or any other aspect of investment property management in Cary or Raleigh, call Barker Realty today. We can’t wait to help you find and manage the Raleigh investment property of your dreams!
by Barker Realty, Inc. | Jan 19, 2019 | Property Management Blog, Raleigh Property Management, Tenant Management, Tips for Landlords
Even if your rental property doesn’t allow pets, service animals are not considered pets, and therefore do not fall under any lease’s jurisdictions. But since service animals aren’t legally required to wear identification vests, upholding and enforcing accommodation laws can be a bit tricky. Here’s what you need to know when it comes to having service and companion animals on your property.
What is a disability? What is a service dog?
The Americans with Disabilities Act (ADA) classifies a “disability” as a condition in which a physical or mental impairment affects the quality of an individual’s life. According to the ADA, a service animal is a dog (not any other animal) that is trained to perform tasks for a disabled person. Importantly, the dog must be trained to take a specific action to assist its owner; for example, alerting a diabetic that his or her blood sugar levels are too low. People with disabilities have the right to train their animal themselves and are not required to use a professional service dog training program.
Service dog or emotional support animal?
The key to identifying a service animal is noting whether or not it takes any specific actions to help its handler. If a dog has been trained to sense an anxiety attack and takes a specific action to help its handler avoid or lessen its impact, that would qualify it as a service animal. However, if the dog provides comfort due to its mere presence, it is considered a therapy or emotional support animal and is not protected by the ADA.
Rules and regulations for service dogs
Again, a service dog is not required to wear an identifying vest. However, it is required to have a harness or leash. If the handler is physically unable to hold a tether, or if a tether would interfere with the animal’s tasks, the animal must be under the handler’s control through voice commands or hand signals.
More landlord questions? Call Barker Realty
When complying with state and federal regulations regarding service animals, landlords have the right to ask questions and enforce their “no pet” policies. Hopefully, these tips will help you be fully ADA compliant. If you have other property management questions, contact Barker Realty or our sister company, Barker Property Maintenance.
by Barker Realty, Inc. | Jan 5, 2019 | Property Management Blog, Tenant Acquisition, Tenant Management, Tips for Landlords
Even though you’re excited to rent out a freshly renovated apartment building or single-family residence, don’t let your enthusiasm cloud your vision. Even though you undoubtedly want to rent to the first bidders, it’s important to find the right people who will bolster positive tenant relations (and treat your property with respect!) Here are some real estate screening tips that will help you find quality tenants.
Always request an application
Having a potential tenant fill out an application lets them know that they will be thoroughly screened. Many prospective renters with troubled rental histories will bow out gracefully upon seeing your intent to investigate their past. An ideal candidate will have no issue with both credit and background checks.
Run a credit check
In some cases, consumers have figured out the credit reporting system and know that activity is reported every 30 days. They could be using this time to apply for residence because they know that their credibility will drop soon. The best way to gain insight into a potential renter’s payment habits is to review their credit activity over the past seven years. Even if a prospective tenant has a strong credit score, they may still have missed payments or a significant income-to-debt ratio.
Run a background check
It is important to run both a background check and criminal records check on every prospective tenant. An applicant who has made a mistake or two in the past may have just fallen on hard times, but someone who is consistent with his offenses may be bad news for your property.
Need property management in Raleigh? Call Barker Realty
Finding and managing tenants isn’t easy. Signing a bad tenant can easily cost a real estate investor thousands of dollars if the deal goes south, or damage existing tenant relations at the very least. Hiring a Raleigh property management company like Barker Realty is an excellent way to save time and reduce frustration with the whole process. For just a small monthly fee, we can quickly find and screen tenants and protect your investment property. If you have more questions or have more property management questions, just give us a call!
by Barker Realty, Inc. | Sep 28, 2018 | Landscaping & Grounds, Safety & Security, Tenant Management, Tips for Landlords
The Labor Day weekend offers many people one last opportunity to celebrate summer fun. Before the resumption of daily school schedules and the need to prepare for colder, blustery autumn weather, numerous households participate in friendly barbecues, large family gatherings, and pool side parties. Property managers in Cary, Apex, Raleigh and surrounding areas concerned about rental maintenance, may find this quick holiday checklist useful:
1. Prepare Recreational Facility Entrances in Advance
Do you anticipate a raucous end to summer rental maintenance with the arrival of numerous Labor Day guests? It makes sense to prepare for holiday celebrations at apartment complexes and trailer parks well in advance. Post property rules clearly at the entrance. If tenants can only admit a specific number of visitors, let everyone know in advance property managers expects to enforce those rules!
2. Supervise Pool Area Activities
Similarly, property managers in Cary need to ensure pool side area regulations also command a prominent, visible location. If your property requires everyone to adhere to basic safety guidelines (e.g. no running or rough horseplay beside the pool), post these rules clearly. Let tenants know about your overriding concern for safety. You’ll make your summer rental maintenance obligations much easier by ensuring everyone enjoys a happy, accident-free Labor Day Holiday.
3. Maintain a Clean Picnic Area
If tenants and their friends plan outdoor reunions at your site, make sure you mow the grounds surrounding the grill and picnic area before the holiday commences. Also ensure you’ve placed public trash cans for litter collection close at hand. Arrange to check the area from time to time if necessary to prevent overflowing garbage receptacles.
4. Respect “Quiet Hours”
Finally, let tenants know in advance you enforce facility rules relating to quiet hours. Other residents deserve consideration from noisy neighbors. The burden of enforcing these rules ultimately rests with you! By limiting noise levels after dark you’ll enjoy easier rental maintenance.
We hope you enjoyed our quick Labor Day tips for a peaceful and uneventful holiday for your investment properties or those you may manage.
