Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
But, legally will this give landlords any more power to evict? If not, then I don't see how it's beneficial for anyone other than the city's budget.
I know what you mean, and I thought that, too, at first. But then I realized that this would give substantiation for the landlord to use to evict the tenant. Plus, requiring a permit is not such a bad idea. This gives the city all pertinent info about the landlord as far as contacting him/her. With absentee landlords becoming more common, this also alerts the landlord about any problems that he/she may not be aware of. After all, if a person has had to rent out his house after a move to another state, how would he know if his tenant has been cited numerous times for loud music, unkempt lawn, illegally parked cars, etc. This makes sure the landlord has to stay more actively involved with the property.
My take on this is that Monroe is skirting all around state law and a bunch of legal issues. They don't have the authority to simply fine you for someone else's actions such as being accused of breaking drug laws. What it sounds like is they want you to purchase a permit to rent your property IF there are complaints against your renters. My guess is if you get that permit then you agree to the fines and that is when they have you.
The interesting part in this, is what happens if you decide to ignore their demand to apply for a permit. What exactly can they do to you? I don't see how they can put a lien on your property because they don't have the right to tell you that you can't rent it. If they try to fine you then I think they are again powerless to do something about it unless they take you to court and that opens a whole can of worms for them. A permitting system that is arbitrary in who has to abide by it, based on accusations and not actual convictions seems to have an endless number of legal issues.
I like the idea. I am a landlord and I have a renter living next to me. If my tennant causes problems, I'm the one that has a vested interest in the property. Why shouldn't I be responsible? Why should my neighbors be made miserable? If I had a party and my guests were disturbing the peace I would be responsible.
I like the idea. I am a landlord and I have a renter living next to me. If my tennant causes problems, I'm the one that has a vested interest in the property. Why shouldn't I be responsible? Why should my neighbors be made miserable? If I had a party and my guests were disturbing the peace I would be responsible.
Okay, but what do you do to be responsible? I mean, if they are paying rent and everything else is fine but they make noise, or get busted for drugs, do you seek eviction? Wait till the lease is up and not renew? Do you write a provision in the lease stating that they will be responsible for these fines and that eviction is allowed if you are fined?
I understand how this could be beneficial to communities, but am still wondering what landlords will actually do to stop the problems...
Okay, but what do you do to be responsible? I mean, if they are paying rent and everything else is fine but they make noise, or get busted for drugs, do you seek eviction? Wait till the lease is up and not renew? Do you write a provision in the lease stating that they will be responsible for these fines and that eviction is allowed if you are fined?
I understand how this could be beneficial to communities, but am still wondering what landlords will actually do to stop the problems...
Yes, if my renters have wild parties or make themsleves a nuisance, they are going to be warned. If the police show up at my property multiple times, they are going to get a warning. If it continues, I'd start eviction proceedings.
As for getting busted for drugs. Are they busted at my property? Eviction proceeding absolutely. Someplace else, then I'm not sure how I would know. Then it isn't my business.
I abide by the law. I don't use drugs. The police don't show up at my door ever. I don't live the type of lifestyle where I'm calling the police because my husband and I are fighting. Or the neighbors call because they hear a disturbance. It's pretty simple to live this way. If my renters can't do this at a MINIMUM, they have GOT to go.
^ I'm a landlord... I just work lawn care into the lease agreement. If the tenant fails to keep up the yard, I hire a service and bill them Works wonderfully!
I don't really have a problem with the ordinance. I don't want to rent to folks who disturb the peace or safety of my neighborhoods... and it gives a due notice to the potentially affected owners. I'd see it as an additional tool if faced with less than desirable tenants.
Of course, I take pains to ensure my tenants don't cause those sorts of problems.
Exactly, As head of our HOA, if the homeowner is irresponsible and doesn't maintain his/her property IAE HOA rules, I hire someone to get it into standards and then bill the owner. If the owner doesn't pay, I put a lien for deed on the property. This is the problem with many rentals. Many renters just don't care and somebody has to.
Okay, but what do you do to be responsible? I mean, if they are paying rent and everything else is fine but they make noise, or get busted for drugs, do you seek eviction? Wait till the lease is up and not renew? Do you write a provision in the lease stating that they will be responsible for these fines and that eviction is allowed if you are fined?
I understand how this could be beneficial to communities, but am still wondering what landlords will actually do to stop the problems...
There is a fine line between what is the concern of the city as far as ordinances and what is the concern of the HOA. For noise, the city has the 10:00 rule. The local police intervene. The same for drugs. A habitual partier that bothers neighbors will be fined for the problems caused. Leases and HOA documents clearly state what is required of tennants.
The media fails to mention that Monroe Housing Authority will be exempt, because they provide government funded housing. Does this mean that any landlord offering section 8 gets a free pass? Government housing is where most of the crime is concentrated. Also, a landlord cannot do a criminal background check on a tenant's minor children. It is just bad luck when the bad tenant has never been convicted and gets caught for the 1st time. It is impossible to get the whole picture from a criminal background check. This new ordinance will not cut down on riff raff. I personally have a clause in my leases enabling me to evict for illegal activity(had to use it). However, there is still a lengthy process which must be followed through the courts and the new law is not changing this. Charging any fees to the tenants is an interesting theory, considering that the magistrate usually does not award fees and it is almost impossible to collect on judgements as it is. In the real world the landlord will still be stuck with the bill. Why doesn't the city charge the tenants directly? How would a bad tenant pay the fines if he/she is in jail? There are already ordinances in place which cover unsightly properties and landlords are held accountable. If the city is concerned with eliminating the bad elements in town, they need to work with the landlords to help identify the juvenille delinquents and those who have have had problems, but have not been convicted. In the Atlanta area each court is accesible online with all of the cases available. This includes both criminal and civil cases. Offering a database like this would be a start. No one would rent to someone that has been in front of the judge (but not convicted) several times. Contrary to some beliefs, no landlord wants problem tenants.
That is really interesting that the Housing Authority will be exempt. If one looks at crime reports, it is easy to see that a big # of complaints always come from public housing.
As I have said in the past, once states started accepting federal money, things went all to hell. If we balanced our budgets w/o accepting funny money f/ the feds . . . the world would be a better place. The minute you accept federal money, you give up your rights (as a local gov't) to govern.
Yeah it is not fair. I am so sick of the government putting duties on the people. We are not damn babysitters. It is not our jobs to police citizens. I thought that is why we paid taxes???? These are adults and they should be accountable for themselves not the supposedly richer person.
This would definitely not fly in a rent stabilized property. It is impossible to evict a tenant in a rent stabilized unit unless it is non-payment of rent.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Works wonderfully!
