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Old 02-15-2008, 10:01 PM
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Quote:
Originally Posted by austin-steve View Post
If it's a State promulgated lease, such as we use in Texas, it will in fact have no illegal provisions in the boilerplate. Now, landlords often write in illegal stuff in special provisions.

What I tell my tenants is that I won't normally come over unannounced unless I suspect a lease violation.

Example: tenant requests a repair. My maintenance man reports back to me that he didn't see a dog, but that there was a dog bowl on the back porch along with a bag of dog food and turds in the grass.

In that example, I drive to the property unannounced and determine if a dog has been snuck onto the property in violation of the lease. It would do me no good to provide advance warning.

There are other examples of why it's important for a landlord to have this right. Someday when you own rental property you'll see things from a completely different perspective.

Steve
Are you ENTERING the premises? Or are you just looking around outside, etc?

In WA, at least in King County, the steps a landlord must take to get a tenant evicted for sneaking a dog onto the property are tedious and time-consuming. You must provide 'reasonable proof that you worked with the tenant to resolve the issue before starting the eviction process'. That means usually anywhere from 3-4 certified letters/notices.


I'm really not sure about the legality of entering the apartment without notice, because again we're dealing with personal space. However, it is the landlord's property... but providing 'grey areas' makes it too easy for the slumlords to be slumlords. So, I think the 'in case of emergency only' rule fits really well.
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Old 02-15-2008, 10:36 PM
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I supervise/maintain all the landscaping of my rentals... it's in the Rental Agreement... The irrigation systems are on timers and the residents never have to mow a lawn or prune shrubs...

It is a good system for me in that I can insure the outside is kept-up and stay on top of little problems before they become big ones!

I will never enter a home on my own without permission... it is just to easy today to find yourself in the middle of a conflict if something should turn-up missing of damaged.
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Old 02-16-2008, 07:32 AM
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Quote:
Are you ENTERING the premises? Or are you just looking around outside, etc?
Yes, I enter the premises unannounced. If an unauthorized pet is found, I'll take photos of the animal.

Next, the tenant receives a certified letter informing them of the lease violation, the $500 fine, and the fact that the animal will be removed by us in 24 hours if they don't call and tell us it's gone, after which we go back again to verify and talk with the tenant about the seriousness of the lease violation (repeating the conversation they had about this at the lease signing).

We've never had anyone not get rid of the animal right away. They do cry, scream and kick their feet. Too bad. If they don't pay the $500 fine, the next rent payment is applied to the fine and they'll be evicted for non-payment of rent. Eviction in Texas is fast and simple and the tenant will lose 100% of the time unless they have a legal reason (not a a human or life-circumstance reason) for not paying the rent. Evictions rarely take more than 2 to 4 weeks.

Quote:
In WA, at least in King County, the steps a landlord must take to get a tenant evicted for sneaking a dog onto the property are tedious and time-consuming. You must provide 'reasonable proof that you worked with the tenant to resolve the issue before starting the eviction process'. That means usually anywhere from 3-4 certified letters/notices.
Unlike King County, laws in Texas are reasonable. A lease violation is just that, and landlords have no ridiculous requirement to give multiple notices or "work with" tenants who willfully violate the lease agreement. We don't put up with that behavoir and the courts don't expect us to.

Steve
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Old 02-16-2008, 11:41 AM
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Default Texas...

That would never work in my City of Oakland CA... well... it was like that if you go back to the early 50's

I can't over emphasize the importance of property managers and owners knowing the local law as it applies to rentals.

Renting is a business and as such the "Business" man or woman is expected to know the applicable laws, ordinances and regulations...

City-Data provides a great forum for asking questions and sharing answers... but it is not intended to be a substitute for Lawyers and Legal Research.

Joining your local Rental Housing Association is a great way to access a wealth of information tailored to your specific community. Members often have access to low cost or free legal consultation and the most up to date, Lawyer Reviewed forms and Rental Agreements.
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Old 02-16-2008, 11:49 AM
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Quote:
I can't over emphasize the importance of property managers and owners knowing the local law as it applies to rentals.
Exactly. I've attended Property Manager conventions since 1996, and Texas is the envy of all the other states with regard to our no-nonsense laws. It's one of the few states where a tenant can actually be held accountable fairly quickly for non-payment of rent.

But, Texas laws are also very protective of tenants who get stuck with a bad landlord. Landlords can be held equally accountable.

In a perfect world, everyone would understand the meaning of "agreement" and the fact that the written lease agreement controls the landlord/tenant relationship.

Steve
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Old 02-16-2008, 12:15 PM
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Quote:
Originally Posted by mkfarnam View Post
From your post, your talking about renting from one curtain type of landlord as yourself which you noted as "unique". That's good, I wish there were more like you, but unfortunatly there's not.
MK -

I'm only addressing this as you directed statements to me, but please no more. I don't care to enter into any more rental discussions, so this will be my last. Thanks.

No one is qualified to comment on "all" of anything. We can only discuss our personal circumstances or statistics, if available. Out of 300-million Americans, I don't know all tenants or landlords... or homeowners for that matter. Neither do you. I've made no such blanket statements. Please carefully read before responding. No one can make true statements in regard to "most" landlords being good or bad. Nor tenants for that matter. I haven't done so in any of my posts, neither should anyone.

This was my issue with the OP & several others making judgemental blanket statements in regard to most or all landlords being devious, manipulative & intrusive. I've noticed that none of the landlords have made such statements of most or all tenants. It's childish name-calling to place everyone in the same category & label them. Very few of my tenants have been problems, but a few have slipped passed basic checks. It happens. I still don't think every prospective tenant is out to harm my property, never have. I don't make such judgemental statements. I also don't make such judgemental statements about landlords I've had. It's unfair to do so.

I think my "lucky" situation is due to all I've listed before & the fact that I keep open communication. I'm concise. I'm clear. I know my laws. I ensure my tenants do, as well. Nothing more. We must arm ourselves, as well... meaning, know facts/laws before taking action or speaking about that which we think we know. Comment on what we know, nothing more.

Quote:
...so if you wanted to see the inside you need to hurry up and read the agreement and fill out the application... but this guy was really a jurk so I handed him the unsigned agreement and said why don't you rent it to someone with a bigger family because it's too big for me, beside's. I don't think I want to rent from a person with your type of attidude.

This happened twice.
LOL I don't get the correlation. You didn't sign a contract/lease, so...? You left your "agreement" blank & handed it back? (Don't know if that means rental contract, lease, application?) And? You felt rushed during a group viewing, is that your point? You walked away both times? Okay, so you did what was in your best interest. Good. We should all do this. This happened twice in how many times renting? Due to these 2 incidents, with 2 different land owners, where you signed nothing & walked away... proves that all landlords are bad? I'm really not following the point of your story here. They were never your landlords, correct? You signed nothing, correct? You walked away, correct?

Whether you had time to read a lease/application or not, it was your decision to remain or walk away. You walked away. You lost me on the details & any direct point.

Quote:
BTW, I studied Oklahoma and the Laws for 6 months befor I moved, so it would be appreciate if you didn't make it sound like every tenant fits the same profile.
I made no such statements at all.

If you'd read the info I've listed carefully, you'd have readily seen as much.

I'm beginning to see certain patterns with certain posters & perhaps this falls over into your rental experiences, as well. From your grammar/spelling/writing mistakes, I'd say you're careless with written info. Either you don't read what's in front of you (mine & other posts for example) or you've trouble deciphering content (mine & other posts for example). From what you've stated, you certainly entertain difficulties making clear, concise, pertinent facts, points & statements. You do yourself a disservice by not being efficient.

Please be more careful & courteous. Get your facts straight before making accusations. It's unfair, inaccurate & gleens unprofessionalism in responsible dealings with others. You've a lot of growing & learning to do. Best of luck.
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Old 02-16-2008, 01:14 PM
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The point that I attempted to make was something that has been mention several times, lack time given to read the rental agreement.

Other then that, your last post has pointed out some issues that can be considered as very good advise.
Speaking for myself, in the near future, some of that advice will be taken.
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Old 06-16-2009, 11:27 PM
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Default Is a lease valid if name on lease is not person who signed lease

I have a situation where I rented a house from a gentlemen, on the lease is the name of his son the owner of the property, but the owner never signed the lease his father did, does this make the lease invalid?
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Old 06-16-2009, 11:31 PM
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Quote:
Originally Posted by dkr1974 View Post
I have a situation where I rented a house from a gentlemen, on the lease is the name of his son the owner of the property, but the owner never signed the lease his father did, does this make the lease invalid?
Not unless the Father is Co-Owner.
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Old 06-17-2009, 08:19 PM
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Did he sign as property manager or agent for the owner?
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