The Landlord's Book of Forms and Agreements

With the boom in the real estate market, many investors have found themselves in the new position of being a landlord. This book provides all the forms and agreements they need to manage their properties effectively Brings together expert information and guidance with more than 100 key documents--attorney approved--that readers can customize and print out from the CD-ROM The author will support the book with a monthly email newsletter and a website featuring updated forms, useful information, and FAQs

Cliff Roberson is a lawyer and the author/coauthor of more than forty books, including The Complete Book of Business Forms and Agreements.

Preface

xi

List of Forms

xiii

Acknowledgments

xix

The Successful Landlord

1

(26)

Getting Your Feet Wet

1

(1)

Making a Profit

2

(1)

Attitude

2

(1)

Communications

2

(1)

Using a Rental Agency

3

(1)

Nature of Landlord--Tenant Relationship

3

(1)

Entry to the Rental Unit by the Landlord

4

(2)

An Adversarial Relationship

6

(1)

General Rules Regarding Upkeep of the Premises

6

(2)

Freedom to Choose Your Tenants

8

(1)

Rent

8

(2)

Liability of Landlord for Tenant's Illegal Use of the Property

10

(1)

Landlord's Obligation to Act in Good Faith

10

(1)

Welcoming The New Tenant

11

(1)

Residential Landlord and Tenant Statutes

12

(3)

Summary of the Model Act Provisions

15

(12)

Calculating the Rent

27

(10)

Price

27

(1)

Determining the Amount

27

(2)

Due Date for Rent

29

(3)

Duration of the Tenancy

32

(1)

Rent Control

33

(4)

Selecting the Right Tenants

37

(38)

Finding Tenants

37

(1)

Establishing Minimum Rental Requirements

38

(1)

Temporariliy Allowing Possession of the Property

38

(1)

Screening Tenants

39

(1)

Handling Rental Deposits

40

(4)

The Application

44

(1)

Checking Credit

44

(8)

Showing the Property and Accepting Applications

52

(1)

Proof of Identity and Residence Status

53

(1)

Checking Criminal History

53

(1)

Identity Theft

54

(1)

Verifying Income and Employment

55

(3)

Previous Landlords

58

(2)

Using Tenant Screening Companies

60

(1)

Fair Housing Laws

61

(1)

Reasons for Denying an Application

62

(2)

Denial Letters

64

(1)

Denial Because of Credit History

64

(1)

Requiring a Cosigner

64

(3)

Using Finder's Fee

67

(1)

Deposit with Application

68

(1)

Approval

68

(1)

Establishing Occupancy Limits

69

(1)

Allowing a Tenant to Run a Home Business in a Rental Unit

70

(1)

Optional Forms Involving the Tenant Selection Process

70

(5)

The Lease

75

(40)

Lease Provisions

75

(1)

Prohibited Provisions in Rental Agreement

75

(1)

Unwritten Leases and Agreements to Make a Lease

76

(1)

Standard Leases

76

(39)

Managing the Property

115

(36)

Place and Method of Payment of Rent

115

(1)

Accountability

116

(1)

Resident Survey

117

(1)

Changes in Rent

118

(1)

Notice of Additional Charges

118

(1)

Tenant Moving-Out Notice

118

(2)

Early Renewal Program

120

(1)

Resident's Checklist

121

(1)

Renter's Insurance

122

(1)

Resident's Release for Use of Recreational Items

123

(1)

Preparing for Cold Weather

124

(1)

Lockout Assistance

125

(1)

Holiday Season

126

(1)

Lease Renewal

126

(1)

Additional Tenant

127

(1)

Assignment of Lease

128

(1)

Tenant Alterations

129

(2)

Safety and Maintenance Update

131

(3)

Security Notices

134

(1)

Notice of Entry

135

(1)

Inspections

136

(1)

Notice of Repair

137

(2)

Problem Tenants

139

(7)

Transfer of Ownership

146

(2)

Property Management Agreement

148

(3)

Collecting Delinquent Rent

151

(22)

Right to Possession on Default in Rent

151

(3)

Right of a Tenant to Withhold Rent

154

(1)

Delinquent Notices

154

(4)

Late Fees

158

(1)

Bounced Check Charges

159

(1)

Partial Rent Payments

159

(2)

Collecting from a Cotenant or Guarantor

161

(1)

Collecting Past Due Rent after the Tenant Has Vacated

162

(4)

Using Small Claims Court to Collect Delinquent Rent

166

(7)

Ending the Tenancy

173

(20)

Breach of Lease by Tenant

173

(1)

Damages for Breach of Lease

173

(1)

General Rules Regarding the Ending of a Tenancy

174

(6)

Constructive Eviction

180

(1)

Failure to Take Possession

181

(1)

Canceling the Lease

182

(1)

Return of Security Deposit

182

(1)

Tenant Obligations in Terminating the Tenancy

182

(6)

Personal Property

188

(1)

Notice by Tenant

188

(3)

Notice of Noncurable Default

191

(1)

Belief of Abandonment of the Rental Unit

191

(2)

Insurance

193

(8)

Insurance Contract

193

(1)

Insurance Agent

193

(1)

Insurance Coverage

194

(2)

Coinsurance Clauses

196

(1)

The Policy

197

(1)

Making a Claim against the Insurance Policy

198

(1)

Dealing with an Adjuster

199

(1)

If You Are Sued for More than Policy Limits

199

(1)

Renter's Insurance

199

(1)

Terrorism Insurance

200

(1)

Low-Income Housing Programs

201

(10)

Section 8 and Low-Income Housing Programs

201

(2)

Voucher Program

203

(8)

Reducing Your Legal Liability as a Landlord

211

(6)

Landlord's Responsibilities

211

(2)

Megan's Law

213

(1)

Protecting Tenants from Other Tenants

213

(1)

Key Control

213

(1)

Tenant Education Programs

214

(1)

Duty to Warn Tenants

214

(3)

Taxes

217

(46)

When to Report Rental Income

217

(2)

Rental Expenses

219

(5)

Condominiums and Cooperatives

224

(1)

Not Rented for Profit

225

(9)

How to Figure Rental Income and Deductions

234

(1)

Depreciation

235

(4)

MACRS

239

(13)

Casualties and Thefts

252

(1)

Limits on Rental Losses

253

(5)

How to Report Rental Income and Expenses

258

(5)

Final Observations

263

(2)

Rules for Success

263

(1)

Keys to Profit

264

(1)

Selecting Rental Property

264

(1)

Legal Glossary

265

(12)

Index

277

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

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The Landlord's Book of Forms and Agreements

Summary

Author Biography

Table of Contents

Supplemental Materials