Copyright © Nolo Press 1998
1. Don't rent to anyone before checking their credit history, references and background.
Haphazard screening too often results in problems--a tenant who pays the rent late or not at
all, trashes your place or moves in undesirable friends--or worse.
2. Get all the important terms of the tenancy in writing. Beginning with the rental application
and lease or rental agreement, be sure to document important facts of your relationship with
your tenants--including when and how you handle tenant complaints and repair problems,
notice you must give to enter a tenant's apartment and the like.
3. Establish a clear, fair system of setting, collecting, holding and returning security deposits.
Inspect and document the condition of the rental unit before the tenant moves in to avoid
disputes over security deposits when the tenant moves out.
4. Stay on top of repair and maintenance needs and make repairs when requested. If the
property is not kept in good repair, you'll alienate good tenants. And they may have the
right to withhold rent, sue for any injuries caused by defective conditions, or move out
without notice.
5. Don't let your tenants and property be easy marks for a criminal. You could well be
liable for the tenant's losses. Landlords are sued more than any other group of business
owners in the country. The average settlement paid by a landlord's insurance company is
$600,000, and the average jury award is $1.2 million.
6. Respect your tenants' privacy. Notify tenants whenever you plan to enter their rental unit,
and provide as much notice as possible, at least 24 hours or the minimum amount required
by state law.
7. Disclose environmental hazards such as lead. Landlords are increasingly being held liable for tenant health problems resulting from exposure to environmental poisons in the rental premises.
8. Choose and supervise your manager carefully. If a manager commits a crime or is
incompetent, you may be held financially responsible. Do a thorough background check
and clearly spell out the manager's duties to help prevent problems down the road.
9. Purchase enough liability and other property insurance. A well-designed insurance
program can protect your rental property from losses caused by everything from fire and
storms to burglary, vandalism, and personal injury and discrimination lawsuits.
10. Try to resolve disputes with tenants without lawyers and lawsuits. If you have a conflict
with a tenant over rent, repairs, your access to the rental unit, noise or some other issue that
doesn't immediately warrant an eviction, meet with the tenant to see if the problem can be
resolved informally. If that doesn't work, consider mediation by a neutral third party, often
available at little or no cost from a publicly-funded program. If your dispute involves money,
and all attempts to reach agreement fail, try small claims court where you can represent
yourself. Use it to collect unpaid rent or to seek money for property damage after a tenant
moves out and the deposit is exhausted.
Published: July 31, 1998
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