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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:31 PM
Original message
What do you think about these rental policies for a house?
Pet policy: small dogs and birds only. Guide dogs would be permitted, of course. No cats, reptiles, aquariums, elephants or any other kind of critter.

No water beds.

No smoking- I'm torn about this one. I used to smoke so I can sympathize with smokers. But I looked at a place today that had relatively new carpet in it, but there were cigarette burns in it everywhere. The walls were also stained from cigarette smoke. It costs a lot more than a mere security deposit to fix those things.

Any changes to the property must be OKed by me first. If I agree to an improvement that can be made to the property by the tenant I will compensate the tenant with free rent equal to the cost of the improvement.

You must agree to a credit check and a criminal background check.

Tenant must take care of lawn. If the tenant fails to do that the tenant will be charged for me to do it. The place I'm buying has 3/4 of an acre of land with it. I'm going to buy a riding lawn mower that the tenant can use free of charge with the understanding that the mower is mine and is to be left when the tenant moves out.

I have a lease agreement form here that pretty much covers everything a standard lease covers. The above policies would be in addition to that rental agreement. What do you think? Would any of those policies be a deal breaker to you? Tell me why. I'm thinking that the "no cat" policy is going to be a problem for some people here, but I know what a cat can do to a property. Maybe I could allow them for a one time non-returnable fee.



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GOPisEvil Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:35 PM
Response to Original message
1. I would include lease language about insurance.
Edited on Sat Jun-07-08 10:41 PM by GOPisEvil
Specifically, that your policy covers only the building and does not cover personal belongings or negligent acts of the tenant. I would advise the tenant to get renter's insurance to protect their property and to cover their own liability.

The good thing about your renters having liability coverage: if they burn your house down through negligence, your insurance company can recover against their policy and have that claim not count as severely against you.

Your policies sound reasonable to me. (Note: I work for an insurance company and I have seen people mess other people's houses up big time. I would never be a landlord. So, I am VERY OK with being discriminating (not illegally of course) to who you rent your house.)
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Blue-Jay Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:35 PM
Response to Original message
2. No aquariums? That's weird.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:54 PM
Response to Reply #2
14. Well there are two levels to the house
If your aquarium springs a leak on level two and you are not there to take corrective measures right away, the ceiling on level one will need replaced.
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bicentennial_baby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:38 PM
Response to Original message
3. Don't agree on the cats or the criminal background check
My landlord req's prior approval for a cat or dog, damages (if any) to be paid for at the time you move out.


And why no reptiles or fish? Many of them are the least problematic pets you can have. :wtf:


And in all of the Apts I have lived in...I have NEVER had to submit to a criminal background check. That's just a complete invasion of privacy and not necessarily relevant to whether or not you're a good tenant. Is that even legal?



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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:47 PM
Response to Reply #3
6. I have
the landlord lived in the same buillding with his family and didn't want the three of us moving in to be criminals.
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bicentennial_baby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:48 PM
Response to Reply #6
7. In MA?
Isn't that discriminatory?
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:49 PM
Response to Reply #7
9. Maynard
but I didn't mind. It was all part of the plan :)
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bicentennial_baby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:51 PM
Response to Reply #9
11. I don't agree with it
It bars certain people from housing access, and I can't get down with that.

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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:52 PM
Response to Reply #11
12. yeah, but we were using him
:evilgrin:
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bicentennial_baby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:54 PM
Response to Reply #12
15. That's a specific situation, homie
:D

Yeah, I have solidarity with those in need of housing. I can't help it. It's a wacky idea, I know...

:P
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:56 PM
Response to Reply #15
16. A criminal background check is perfectly legal
Sorry, I will not rent to pedophiles, rapists, or murderers.
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bicentennial_baby Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:58 PM
Response to Reply #16
18. I'm not going to argue with you, but
Edited on Sat Jun-07-08 10:59 PM by bicentennial_baby
is the likelihood of that happening really that high?

I doubt it.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:03 PM
Response to Reply #18
19. There are a coluple of sexual predators living within a mile of my sister
It's all a matter of public record. She's concerned about these things because she has a 6 year old daughter.

It's probably more common than you might think.
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Chan790 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:09 AM
Response to Reply #16
67. In Ohio?
Edited on Sun Jun-08-08 01:16 AM by Chan790
Perhaps.

In CT: Nope. (I live in CT, so this I do know: You can't even ask a prospective tenant to submit to one, let alone actually conduct one here.)

In any case: It'd be a violation of federal housing access and discrimination laws to deny consideration for housing to a tenant based solely on its' content. You can't use the content of a criminal background check (or any content including a credit report or minimum income) as an absolute bar to rental. (My family has been in property rental for decades. I know this business.) That means you can consider it as a factor but your absolute-bar statement above is illegal. You have to provide equal access to consideration to everybody, including pedos, rapists and murderers, provided they have fully served their sentences or been paroled without further condition. Minimally, you won't get an agent to rep your property as it violates professional code of conduct for both Realtors and R.E. Agents to act as a representative agent of any party engaged in a discriminatory practice regarding access to consideration of sale or rental.

What it really comes down to is do you want to get sued and lose your property and investment to a murderer, rapist or pedophile?

Edit: Technically, I guess you could do all these things...you just can't say you are. It'd be difficult to prove a case against you short of your own words. You need to CYA because if they serve you, you need to be able to cite reasons beyond the fact they're a sex offender.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:27 AM
Response to Reply #67
71. That's CT. This is OH.
By CT standards, as you've explained them, I'd have to rent to the first person who put in an application, no questions asked.

Here's Ohio's discrimination law:

Fair Rental Housing Practices
Racial discrimination in any housing is a violation of the Civil Rights Act of 1866. In addition, the Civil Rights Act of 1986 contains a Federal Fair Housing Law (Title VIII) which established fair housing as the policy of the United States. This prohibits discrimination on the basis of race, color, religion and national origin. As amended in 1974, the Federal Fair Housing Law is extended to protect against discrimination based on gender. In 1989 the law was further amended to protect the handicapped and families with children.

http://www.ci.lakewood.oh.us/law_tenantlaw.html
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Chan790 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 07:53 AM
Response to Reply #71
82. You have much more leiniant laws...
Edited on Sun Jun-08-08 07:55 AM by Chan790
and you can rent to whomever you want, even here, you just can't use what I guess you'd call a "litmus test" to disqualify someone from consideration. Vague preference suffices. It's not about who you rent to, it's about why you didn't rent to other applicants.

It was late and I wasn't really coherent...it's like on job applications they ask for a criminal record check and they have to say "past conviction is not unnecessarily a disqualifier for employment" and they ask for the specifics of your crime. It's not really true (most places won't hire a convicted felon)...but if you get called on it, you've got be able to say you rejected them for something else and if you're background checking, you may have to actively say "Past criminal conviction is not an absolute bar to rental.". I guess my point was: Stop saying that you won't consider renting to a "rehabilitated offender"...because it can cause you problems. (But apparently not in OH.)

I mean we rejected some guy because he showed up to see the apartment and looked homeless: he smelt bad, his clothes were stained, his car was a mess (trash on the floor mostly)...and he called the CT section-8 (housing assistance) office and filed a complaint after he called back and we told him that we'd "just rented the place". We told the investigator "He clearly doesn't take care of his stuff and we're pretty sure he'd trash the apartment." They dismissed the complaint. Two of the questions they asked were:

"Did you reject him from consideration because he's a convicted felon?" (Nope...didn't know. Still have no idea what his crime was. I know he was arrested a few years later for dealing heroin outside a high school.)

"Did you reject him from consideration because he was approved for section-8 housing-funding?" (No, actually the opposite...he was preferred for it prior to the showing because unlike many tenants...the state pays its' rent on time.)


There is a good point...possibly not this property, but on future ones. See if Ohio has a housing-assistance program and if you're a qualified leaser. Government agencies pay their rent on time and they don't usually flinch if you submit a damage bill post-moveout; they might send their own estimator or insist that you use their contractor though. They also don't pay security deposits typically, nor allow you to take one from the tenant. (But like I said, you don't need one because they pay for damages and they don't stiff you on rent.) They also send the occasional social worker or investigator to make sure you're not a slumlord.
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bluesbassman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:44 PM
Response to Original message
4. True story.
When I was living in Tahoe, my roommate's dog knocked the living room curtain down onto the aquarium. Curtain pulled the heater out, which set fire to the curtain and literally burned the house to the ground. Many reptiles and fish require heaters, so this might be a good idea to prohibit them.
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Blue-Jay Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:45 PM
Response to Reply #4
5. I bet that happens all the time.
Edited on Sat Jun-07-08 10:46 PM by Blue-Jay
Probably more often than lightning strikes.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:48 PM
Response to Original message
8. Allowing tenants to work on your house is just screaming for trouble
more trouble than any cat could do. What if it's shoddy work, or worse, unsafe work, and what if he moves out mid-project?

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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:58 PM
Response to Reply #8
17. That's why it must be approved by me
They aren't going to be putting and addition on the place, but a privacy fence might be okay.
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Digit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:50 PM
Response to Original message
10. Long time landlord here...
Edited on Sat Jun-07-08 10:50 PM by Digit
Pets on a case by case basis with good references. (you don't want an old incontinent dog, and puppies can be an issue with their chewing, etc) Be sure to check on the references and DO get a non-refundable pet deposit.

Elephants....what do you have against pachyderms? lol

State how much the credit check is if the tenant is to pay for it.

Also specify how high the grass can get before you will mow it for them and how much the charge will be.

Do you have gutters? Include that too. Do you have leaves in the fall, include raking.
Include changing the return filters monthly. It will be helpful if you have them on hand so they WILL do it.

Have a checklist of the condition of the property before they move in and have them sign it.

I wish you luck.

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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 10:53 PM
Response to Original message
13. Charge a deposit ...

Most places around here charge a non-refundable deposit for cats, which is fine. My apartment complex is full of cats, and all the owners paid the deposit, which was $300 per cat. They aren't *that* much more damaging to a property than dogs and in many cases can be less so, depending on the owner.

As for the non-smoking thing, all you're really doing there is limiting the people who will apply, which may achieve what you want. I certainly understand not wanting smokers, even though I am one. But, practically speaking, you're not going to be able to enforce that other than by refusing return of deposit.

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evlbstrd Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:39 AM
Response to Reply #13
89. My lease says no smoking in the house.
I'm a smoker.
My landlady very specifically said that meant tobacco, though. Nice landlady.
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KG Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:15 PM
Response to Original message
20. not sure a credit check is going to guarantee good tenents
i'm a lifelong renter and i refuse to pay for a credit check. my credit was iffy for a few years but i always found people willing to rent to me on a handshake and a fair deposit and i'm never late w/ my rent.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:27 PM
Response to Reply #20
22. It's definitely not a guarantee
And I wouldn't require stellar credit. A good job will go a long way toward renting the place. I work with a guy who says his credit isn't all that great and he rents a house. But he can cover the rent with one of his take home pay checks.

But if someone has a bankruptcy, foreclosure, or reposession on their credit they are going to have to do some serious talking to get into the place.
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:32 PM
Response to Reply #20
24. A rental credit check usually also includes a search of unlawful detainer (eviction) records
While he might not need to know his renter's FICO score, knowing if they got kicked out of their last place for non-payment, illegal activities or destruction of property is important.
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KG Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:51 PM
Response to Reply #24
28. i really don't care if someone checks me out, just don't ask me to pay for it.
seems to me that's part of a landlords cost of doing business, not my expense.

if i pay 35 bucks and i don't meet a landlords standards, i'm out the money.

but then, i'm not a typical renter. i've got a great rental history, with a list of name and numbers of past landlords that will vouch for me. if that's not enough for somebody, well, i live in a city, i'll find another place.
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:58 PM
Response to Reply #28
33. The problem is that without a fee, you tend to get applicants who won't qualify
Or people who apply at a lot of places, then don't pick yours.

If there's a fee, people generally don't apply to places where they have no hope of moving in. It works as a nice little screener, and keeps a landlord (who is already losing money on a vacancy) from having to eat the cost of a bunch of credit checks.

I don't know about other places, but the company I worked for charged the maximum fee allowed by state law (then $30) which was still not enough to cover the cost of a background check, so we weren't making money on denied applicants. We also let people keep a copy of their results, either way. Both seem to be typical practices, at least around here. Some companies also credit the application cost to the move-in charges, if a person is approved.
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madeline_con Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:25 PM
Response to Original message
21. Credit and background check is reasonable.
Edited on Sat Jun-07-08 11:27 PM by madeline_con
It protects you from certain liability, and possible untold problems.


I would add that no one may reside there who's not on the lease. My brother always seems to get the single mom with kid, and too many times, he has to spend way too much time and money kicking out the boyfriend who only arrived after the mom & kid moved in. It works almost identically with the single middle aged woman. Pretty soon, her daughter needs a place to stay, and then the daughter's boyfriend is selling crack out of the place.

This, however, is open to interpretation: "an improvement that can be made to the property by the tenant"

Some people only THINK they have skills, if you know what I mean.

Added on edit: If possible, look at the place they moved FROM, and ask their former landlord about them.
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:30 PM
Response to Original message
23. You do not want to let a tenant care for a riding mower you own
Eventually one will fuck it up, steal it when they leave, or something. Your best bet is to factor lawn service into the rent, and contract for it yourself. Anything that isn't nailed down will be stolen or destroyed by a tenant eventually, no matter how well you screen.

If your state allows an extra deposit for smokers, that's also an option. As far as smoke-stained walls, the best thing to do is seal with Kilz (that stuff works for everything) and repaint. I've even had to Kilz the concrete slab in one especially stinky apartment. Ozone treatment also gets smoke smells out, your carpet people (find good ones now, unless your rental has no carpet) should have an ozone machine.

As far as contracts go, get your state's NOLO property management guide, and use it like your bible. The book will have tons of printables including a model contract, and should save you a ton on legal fees. Unlawful detainer (eviction) lawyers aren't especially expensive (in my area an eviction is about $350) but getting the right one will save you a ton of money and headaches. Find out who the best local UD office is, and contract with them now, rather than waiting for an emergency to come up. Find a lawyer with a smart receptionist- any question she answers for free over the phone is one you're not paying through the nose for your lawyer to answer.

Service animals are separate from your pet policy. Don't ever mention the two in the same sentence, or some cheater will smell a loophole and you'll get tenants with doctor's notes telling you they need their rottweiler for their depression and that their budgie smells their blood sugar and helps to manage their diabetes. Set a pet deposit that's enough to cover a significant fraction of a carpet repair, but not high enough that your tenants will sneak pets rather than pay it. Insist on vet records for a pet- that's a good way of screening out irresponsible pet owners who are more likely to let their animal destroy your house, and altered animals are less destructive. Cats should be okay, provided your regular deposit + pet deposit is enough to cover replacement of a carpet. Your insurer may have additional guidelines on pets.

If you need any specific advice let me know- I used to work in property management.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:43 PM
Response to Reply #23
25. Sounds like you've been there
Edited on Sat Jun-07-08 11:44 PM by Droopy
I appreciate the information and the advice.

I've thought about going with a property manager instead of managing the place myself. I hear the going rate is 10% of the gross rent. What services does that cover? My realtor says a couple of people she works with manage properties, but they charge 15% to 18% plus half of the first month's rent. That seems a little steep to me.
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:51 PM
Response to Reply #25
29. I worked directly for the property owner, so I don't know the rates for contract agencies.
Do you have a local rental owners association?

Ours is RHA, http://www.rha.org/ and while I don't agree with a lot of their politics (any regulation of rentals, no matter how needed or reasonable, tends to send them into a tizzy) they're very useful in providing advice, information about new laws, training, etc. Their classes were really useful to me, so if there's something like that in your area I'd advise looking into it.

One bit of advice I have, from the single family homes I managed, is this- make friends with the neighbors. Give them your number, and let them know that if there's a problem on the property that they can call you any time.
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Madrone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:44 PM
Response to Original message
26. I'm torn.
On the one hand, I've SEEN renters destroy property. On the other, I AM a renter with a shitload of pets.

My landlord specified NO PETS in his ad. I looked anyway because I was trying to figure out the market after living in the same place for 6 years. It was the first and only place I looked at. He was practically trying to hand me the keys and I wasn't really ready to make a decision. Plus I had a shitload of pets! So, I asked him how married to the "no pets" thing he was. He asked the dreaded question - "What kind of pets are we talking about?" Umm.... a dog, 3 cats, 3 ferrets, 3 sugar gliders and a bird.

He asked if I'd be okay with a non-refundable pet deposit of $250 TOTAL. Uh...YEAH! He then said he'd probably even refund that, if everything was kosher when I left.

Truth is some of the carpet will probably need replacing when I move. My two oldest cats got diagnosed with diseases after I moved in - kidney failure for one, and diabetes for the other. This led to toilet "issues" with the cats. I'm exceptionally diligent about cleaning up any messes and erasing all evidence of any accidents, but I will probably suggest that we replace the carpets when I do move. It's only fair and the only right thing to do - rather than stay silent and hope no one notices. There's a good chance they WON'T (I am VERY careful about taking care of messes, remember) but the fact remains that there HAVE been accidents in the house.

He loves me because my rent is always paid and I leave him alone. I love him because my rent doesn't go up and he leaves me alone.

I recently had a problem with the bathroom plumbing - the hot water in the shower wouldn't shut off, and the handles were stripped. 3 hours late to work and $1.38 later I'd gotten the water shut off problem solved and I just replaced the shower handles this weekend.

So - as a renter I HATE having to jump through hoops and be treated like a piece of crap. I'm also far from neat and orderly so if a landlord were to show up I'd be mortified most of the time - haha! But I always leave property in BETTER shape than I found it and it the place is pristine upon my moving out of it. BUT - the thought of being a landlord MYSELF - having witnessed so many people thrashing property, not paying rent, etc - I really understand the "rules".

So - personally, speaking as a person that rents, I think your rules suck and I don't like that much interference and poking around in my life. But I COMPLETELY understand them and for the population in general, I think you're being very reasonable. ;)

I guess my advice would be to set your rules from the beginning, but be willing to bend them according to your gut instinct on an individual basis - as my landlord did with me. Mine was just so sick of having people not pay their rent, skipping out in the middle of the night, and on top of all that, trashing his property that he was willing to take a chance on me - someone with a steady job that didn't *want* to keep moving around.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:52 PM
Response to Reply #26
30. I appreciate your perspective as a tenant
After the place was rented I would not bother the tenants all that much as long as they were paying the rent on time. About the most invasive thing I'd do would be to drive by the place once every couple of weeks to be sure that the yard is being taken care of. That's it.
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Madrone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:58 PM
Response to Reply #30
32. Well, not all tenants are going to be as honest or as willing to make things right as I am.
I know that for a fact. As much as I'd HATE having a landlord driving by my house checking the state of the yard, etc - I have to tell you that as a landlord I'd have one hell of a time not only not doing *that* - I'd have a hard time not doing regular house checks too. LOL That's why I say I'm torn - I feel one way personally, but I so completely understand the horrors of everything "landlord" that I'd probably be a complete mess worrying about my property if I were one.

I think you'll be a good landlord, Droopy. :)
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Withywindle Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:44 PM
Response to Original message
27. Why on earth would you think cats are more destructive than dogs?
I've lived in more buildings that allowed cats and not dogs for this reason: virtually no cat disrupts other tenants with noise, whereas even small dogs can bark.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jun-07-08 11:56 PM
Response to Reply #27
31. It's an old house with a lot natural, original woodwork
And cats have claws that they like to sharpen on things like that. There is also the smell. And note, I said small dogs not great danes.
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faithfulcitizen Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:52 AM
Response to Reply #27
59. I wouldn't rule out people with cats either. My cats are very clean and don't scratch anything.
Edited on Sun Jun-08-08 12:52 AM by faithfulcitizen
My parents, however, have small dogs and go "oops" often before they can get home to let them out. Just my 2 cents.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:25 PM
Response to Reply #27
92. Heck, my best friend has a lab that not only barks
she ate the basement staircase when she was bored or pissed off. Honestly. Ate. The staircase.
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:00 AM
Response to Original message
34. Elephants?
Seriously?

WTF?
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:03 AM
Response to Reply #34
35. I know you are a pround elephant owner
but I'm sorry. What if it shits in the living room?
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:12 AM
Response to Reply #35
37. Are you leasing a former circus grounds?
Seriously, wtf?
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:15 AM
Response to Reply #37
38. It's just a joke, Jason. Relax.
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:19 AM
Response to Reply #38
40. Seriously
Edited on Sun Jun-08-08 12:21 AM by jasonc
I don't think a legal contract is the place for a joke.

unless you are not putting it in the contract.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:27 AM
Response to Reply #40
42. I think I can say with absolute certainty
That the original post does not constitute a legal contract, thus I can say with absolute certainty that there is room for a joke in the original post.

Why are you busting my balls, Jason?
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:29 AM
Response to Reply #42
43. I never said it was a legal contract
you asked if these terms were acceptable for a legal contract.

I don't think a legal contract is the place for jokes, unless you actually have a reasonable belief that you may have a tenant that has an elephant for a pet.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:31 AM
Response to Reply #43
45. I repeat
Why are you busting my balls?
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:34 AM
Response to Reply #45
46. because
this is a legal, binding contract, not a joke.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:35 AM
Response to Reply #46
48. I was being facetious, Jason, and this is not a legal binding contract
Do you seriously think I was going to put something in my contract about elephants?
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:37 AM
Response to Reply #48
49. You asked
I answered.

Where did I make the assumption wrongly?


I also never said that what you posted on DU was a legal binding contract. However, you asked if these terms were acceptable for a rental agreement which IS a legal, binding contract.

I answered.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:42 AM
Response to Reply #49
52. I bet your ass is so tight
you couldn't pound a dime up it with a sledge hammer.
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:44 AM
Response to Reply #52
53. FTR, I REALLY hope you add a "no elephants" clause to your contract
For real.

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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:49 AM
Response to Reply #53
54. me too
because instead of just saying something like, no pets except for medically necessary animals, you specifically outline which animals can not be housed in your premises and the renter takes that lease and gets an animal not banned in the lease and your place gets destroyed because of your joke, and there will be nothing you can do because you did not ban that animal in your lease.

:eyes:
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:50 AM
Response to Reply #54
56. Are you a lawyer or do you just play one on the internet?
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:52 AM
Response to Reply #56
58. I am not a lawyer
but I do have EXTENSIVE experience in Landlord/Tenant law because of one really bad landlord in college.
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:57 AM
Response to Reply #58
63. hmmm
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:58 AM
Response to Reply #63
65. You should send that to him
I won that lawsuit and was awarded the money.

not him.
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Blue-Jay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:32 AM
Response to Reply #65
73. Wow!

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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:49 AM
Response to Reply #52
55. when you run out of anything to say
resort to insults...

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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:51 AM
Response to Reply #55
57. Yup and I'm glad you got the chance to read that
Makes me feel really good inside.
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:52 AM
Response to Reply #57
60. Thats sad
for you...
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:56 AM
Response to Reply #60
62. I'm, happy. And I genuinely hope that I hurt your feelings.
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:57 AM
Response to Reply #62
64. ROFL
hardly...

:rofl:
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PeaceNikki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:40 AM
Response to Reply #48
50. THE INTERNET = SERIOUS BUSINESS
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:41 AM
Response to Reply #50
51. the internet may not be
but binding, legal contracts sure are.

:eyes:

You seem to not be able to see that.
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 02:23 AM
Response to Reply #35
77. And who wants to rent to a republican
who would mess up the whole neighborhood with McCain yard signs?

Maybe you ought to think about a 'no political advertising' rule?
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Carnea Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:07 AM
Response to Original message
36. Allow cats and Smokers
Honestly disallowing smoking reduces your rental pool to much. And as many also pointed out cats great rental pets. As for the other things there are two kinds of renters those that clean the house before they leave and the other type. So I wouldn't worry to much about keeping everything perfect.(I can't remember the last time I saw anyone with a waterbed but I guess anything is possible)

Most landlords repaint and replace carpet between every rental anyway so include that in your cost of doing business.

Most important two heartbeat rule. And nobody can live there if they are not on the lease.

One last thing never ask your tenant to take care of the lawn. Include a lawn service in rent and hire one out. Everyone will be happier.

(Oh and an illegal landlord tip. Gay couples make the best renters and woman in their 50's with teenage or young adult children are the worst.)
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:24 AM
Response to Reply #36
41. If you're gay, you stay! LOL!
I think it would cost at least $50 a week for a lawn service to take care of that lawn. Remember, it's almost an acre. I don't think I can recover that in the rent.

The last time I replaced carpet was about 7 years ago. I only did about 500 square feet plus linoleum in the bathroom and it cost me $2200. And that was the cheap stuff. Landlords do not make a lot of money on one house. I'll make about $150 a month. I think it might be more cost effective to disallow smokers.
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Connonym Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 06:52 AM
Response to Reply #36
79. curious as to why women in their 50s are risky?
that's where I'm going to be in a couple years and I'm wondering why that is. I haven't rented in over 20 years and I'm really in a fucked up position with 2 big dogs and a foreclosure on my credit. I'm screwed aren't I? Nobody will want to rent to me.
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Carnea Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 07:47 AM
Response to Reply #79
80. It's not them it's thier baggage.
Keep in mind I said women in their fifties with older children not large dogs. :)


First a disclaimer: The following is generic statements not based in fact but observations of people I know who happen to be landlords (and woman to boot now I think about it) followed by some leaps in logic by yours truly.

A. Most woman who reach the age of fifty without acquiring their own house have made bad decisions. Most of these decisions are poor men choosing skills admittedly but bad decisions nevertheless.

The gist is a woman in her fifties will move in all sweet and nice seeming hardworking at a local place and living the clean life. Five weeks later when you pop by to see why the rent is tardy she will have lost her job cause her back went out but don't worry her new boyfriend (recently paroled) has lined up some construction work . Perhaps you've seen his photo on those sexual offender flyers the neighbors are handing out. Oh and her daughter moved in with her two babies and she should be getting a check soon and don't worry one of her babies daddies is getting out of jail soon and will help out. Also I know I didn't pay a pet deposit on the sugar gliders cause it's not like they are dogs or something but yes that is what you smell.....

You get the idea.

It's a bit of an Urban legend I admit but landladies I know swear by it. The horror stories always begin she seemed like a sweet lady and always end with who new a Meth addict could be so fat.



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MountainLaurel Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:16 AM
Response to Original message
39. Be careful about that lawn rule
We had something similar where we were expected to take care of the flowerbed (huge ones) the landlady had planted. When we left, despite the fact that we had weeded and deadheaded to the extent that we could, the landlady nonetheless took a huge chunk of our deposit to hire landscapers to clean them up. Because we were 2000 miles away by that time, there wasn't much we could do. (Although if you're looking for a rental in the greater Portland area, I'll give you her name so that you can avoid her like the plague she is.)
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:29 AM
Response to Reply #39
44. I'm pretty easy to get along with
I just want the tenant to mow the lawn on a regular basis and to understand that it is his/her responsibility. If I have to mow it when someone moves out it's no big deal.
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MountainLaurel Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:01 AM
Response to Reply #44
83. Oops, I was confused
I thought you were the tenant and not the landlord. That's what I get for trying to comprehend late at night.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:14 AM
Response to Reply #44
86. Hire a service to mow the lawn
It's pretty standard for the rental houses around here. Our rental house had someone who came by every other week to mow the lawn and trim the hedges. You could set your watch by him.
The cost was just figured into the monthly rental fee. Some good tenants would see that as a plus, BTW.
Not everyone wants to spend time mowing and feeding a huge lawn. If you find a tenant who wants to negotiate a lower rent, maintaining the lawn is an item to put on the table. If you've already scoped out the cost of buying the service you'll know what it's worth.
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democracyindanger Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:34 AM
Response to Original message
47. Sounds reasonable, but I wouldn't provide them with a lawnmower
Big liability issue. Might want to talk to a landscaping company and see what it would cost to have them do it; give the tenant the option of paying for the yard care or doing it themselves.
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helderheid Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:55 AM
Response to Original message
61. Completely reasonable. I do property management. Here is our policy:
1st month's rent plus security deposit due at lease signing. Full credit, criminal and background check required. Pets negotiable with additional pet fee(s) paid. At least one bank account and one credit card required on application. A copy of photo ID required to avoid identity theft.
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huskerlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:59 AM
Response to Original message
66. I don't understand why you'd allow small dogs but not cats
Small dogs aren't likely to be any less destructive than a cat. They have a high potential for chewing and/or peeing on pretty much everything. Most apartments I've seen go the other way...allowing cats, but no dogs for that very reason. All you need is to have a renter who doesn't get home in time to let the dog out and you've got a piddle stain on your carpet. Cats? Not so much.

As a renter who has 3 cats, I would recommend either references or an additional deposit (or both). Most cats don't harm property. The only thing mine have done is ripped one of the window screens, but that's a cheap and easy fix that I will do before I move.

I think refusing to allow cats will narrow your potential renter pool considerably. And you might be excluding the type of people you would really want in your place.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:10 AM
Response to Reply #66
68. It's an old house with a lot of the original, natural woodwork
The kind of thing that cats like to sharpen their claws on. As far as I can tell the woodwork is original to the house and it has never been painted. I'd like to keep it that way.
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huskerlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:17 AM
Response to Reply #68
69. Hmmm...
my apartment has all wood floors (excepting the kitchen and bathroom) and my cats have never shown the slightest interest in scratching it. The couches, yes. The rug, yes. The aforementioned window screen, yes. The floor? No.

In fact, none of the many cats I had growing up ever left a single mark on our wood floors...nor do I recall any incident involving them TRYING to do so.

Cats don't scratch floors. They need something their claws catch on...the catching being the entire point of the scratch.

Dogs, on the other hand, have been known to thoroughly enjoy chewing on the corners of wooden kickboards or doors...just sayin'.
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:25 AM
Response to Reply #69
70. What she said.
Your woodwork is probably completely safe. If you're worried about pee issues, perhaps you could ask for a reference from a previous landlord, or just charge a non-refundable additional deposit. I've never had to do the reference thing, and have happily paid the deposit--but I have landlords going back 12 years who'd gladly give a reference on my two non-destructive kitties (don't pee outside the litterbox, don't do any kind of damage at all).
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:30 AM
Response to Reply #69
72. It's not floors
It's the molding around the doors and the windows and the windows themselves. The place is carpeted. I used to own a cat and she was so bad about tearing up the place through scratching that we had her declawed.
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huskerlaw Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:37 AM
Response to Reply #72
74. I've honestly never heard of such a thing.
I've never seen nor heard of a cat ruining wood molding. Ever.

All manners of cloth, heck yes. But wood? You got me there. All of my cats (from when I was a child until now) have been fully clawed and, seriously, I've never seen any of them even show the slightest interest in scratching ANY indoor wood...floor, molding, or otherwise. There's nothing for them to scratch ON unless the wood is rough like a tree trunk.

I don't know if you had a psychotic cat or what, but I truly don't think you should be worried about a cat ruining the wood.
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 01:52 AM
Response to Reply #74
75. Me either.
I've got three, and my family's always had cats- never declawed. They've done a number on my couch, but I've never known a cat to chew or scratch floorboards or moldings- for one thing it's a rather odd angle. I can see a rabbit doing it, but rabbits will chew pretty much anything.
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hippywife Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 07:48 AM
Response to Reply #74
81. We have a cat
and used to have three. Two of them would scratch the wood in doorways and the one we still have will occasionally scratch on the wood floor. Granted, the wood floor isn't finished yet.

It does happen. :hi:
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:27 PM
Response to Reply #68
93. Cats don't claw wood. They claw rough, texured surfaces
unless your woodwork is already beat to hell they'll have zero interest in it.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 02:00 AM
Response to Original message
76. THIS THREAD HAS BEEN VERY PRODUCTIVE
I appreciate all of your perspectives pro and con. It has given me insight into how to market my rental. Thanks. The OP was my first ideas on what to include in my addendum to a lease agreement. It will probably go through several modifications.

And for my special friend jasonc I'll be sure to make a more inclusive statement on the kinds of pets that are and are not allowed. :eyes:

I want nothing more than a tenant who will make his/her payments on time and not tear up my property. In return I will provide a nice place to live. Pretty simple deal.

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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 02:31 AM
Response to Reply #76
78. One last word
check with the ADA to see if you're allowed to charge a pet deposit for service animals. I can't find the reference right now, but I seem to remember that it's illegal to do so.
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graywarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:03 AM
Response to Original message
84. I would walk away from it.
We looked at several rentals up here with the same types of leases and same conditions. Thanks, but no thanks.
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LibDemAlways Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:10 AM
Response to Original message
85. Droopy, ultimately it's your property and your
investment. Whatever seems reasonable to you is what you should require. Sounds like you've thought this through and come up with a list of requirements that protect you. I'm with the person who suggested adding an insurance clause. A renter should be required to buy renter's insurance or sign some sort of waiver.

Good luck with it. LDA
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Lars39 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:23 AM
Response to Original message
87. Some thoughts....
Edited on Sun Jun-08-08 11:24 AM by Lars39
I've seen more damage done to door frames and doors and baseboard trim by dogs than by cats.
We rent, and were incredibly lucky to find the house we did after just declaring bankruptcy.They didn't require a credit check.

Our landlord loves animals, so there wasn't a pet deposit. I wouldn't let the tenants do anything to the house. Their standards may not be up to code or to your standards either.

We've replaced the stove here for a hundred bucks, but we didn't ask for any money to cover that. We just replaced the refrigerator with one we found on craigslist for $200. We did ask if they would consider paying at least half, and they did.

It might be less of a headache in the long-run to budget for a teenager mowing the lawn, than for you to keep tabs on whether the tenant is mowing when they need to be.

A rental house will get wear and tear,even if you rent it to very nice people. Keep the measurements of each room handy, and price out and tuck the money away for carpet,pads and linoleum, in case you have to replace anything on short notice. Save the money for replacement appliances and a new roof now, because they will eventually need to be replaced.

Find and keep a can of wood stain to do touch-ups on the wood trim, or to stain a replacement piece. A good paint store will help you find an exact match, or really close match.

I didn't see it mentioned, but you need to charge a late fee after the 5th of the month. Also mail a receipt of payment after rent is paid.

Our landlord has a standing agreement with the electric and water dept to keep the services going in between tenants.
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Darth_Kitten Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 11:27 AM
Response to Original message
88. At least you seem to have a landlord who cares......
There can be some real slumlords that don't give a damn about their property and/or tenants.
And some tenants have no respect for the property they rent, and make it harder for future tenants.

Just curious about the no cats policy, but my guess is some earlier tenants maybe didn't look after their cats very well. :shrug:
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Jade Fox Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:13 PM
Response to Original message
90. Question about credit checks.....
Aren't credit reports known to frequently contain errors? And, even if someone hasn't got great credit history, does that necessarily mean they would be a problem tenant?

Everything else looks reasonable.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-08-08 12:23 PM
Response to Original message
91. Er, do you know what a bored Jack Russell can do to a property?
or a Macaw left alone for a day outside of his cage? I'd simply put down "well behaved pets only". What could reptiles or fish ever do to damage your property? I have three cats, and they've never caused any harm to my home. Just require cat owners to provide scratching posts and use "cat attract" brand litter. No problems.

Also, the yard is almost always the landlord's responsibility. Hire a service and figure the fee into the rental cost.
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