At The Herndon Law Firm, we routinely help non-corporate landlords (i.e. private individuals) navigate all of the practical and legal challenges they may face when it comes to managing their rental properties. Renting a property isn’t necessarily difficult - you basically just need a lease and a way to collect rent. That said, the devil is in the details, and most landlords do not realize the shortcomings in their methods until they are facing a problem. And if you have to go to court, landlords need to be aware that this area of the law is very technical and very document-driven.
Whether you are looking for general advice or are facing a specific problem, a landlord tenant lawyer from our firm can help you better manage your rental properties, avoid potential issues, and effectively resolve whatever problems you may encounter.
Consider Investing in Professional Relationships
Most private landlords do not realize how much time, effort, and expense is involved in renting your property. You have to screen potential tenants, make repairs to the property, and respond to your tenant’s concerns or complaints. Being a landlord is more than just collecting rent - you have to actively manage the property and your relationship with your tenant. As a result, you may want to consider engaging some professional services to help you manage the process and protect the value of your investment:
A realtor can provide you with the appropriate forms that comply with current Virginia law, such as a lease agreement and Statement of Tenant’s Rights and Responsibilities. They can also help you list the property for rent, process rental applications, and screen potential tenants.
A property manager can do many of the same things as a realtor, but will also help you manage the property. They can handle tenant communications, schedule and make repairs, collect your rent, and essentially perform all of the services involved in renting your property.
An insurance agent can provide advice as to your coverage, why you should require your renter to carry insurance, and what you can do if they do not purchase coverage.
Service providers such as plumbers, electricians, and handyman services who can help you quickly make any necessary repairs.
A landlord tenant lawyer can provide legal guidance concerning your compliance with the law and help manage and resolve potential issues before they result in litigation.
Having a network of go-to professionals who can provide advice and support when you need it can save you valuable time and money. In fact, you may only need a relationship with one person, who can then tap into their network of professionals in the event that you need additional help.
Step Up Your Tech Game
There is no question that technology makes our lives easier, and it can greatly simplify managing your rental properties. Unfortunately, many landlords don’t realize what they are missing. Here are a few easy and relatively inexpensive tech upgrades that you should consider if you are a private landlord:
Consider setting up a separate email account. This will make it easier to manage communications with your tenants - emails won’t get buried among your personal emails and it will be easier to locate a particular email if you have to search.
Leverage your tech accounts. Apple, Microsoft, and Google all have various apps that can help you manage your rental property. If you have a gmail account (or are going to set one up as recommended above), for example, you have access to a suite of Google products that can make your life easier as a landlord. Google Drive is a cloud-based file storage service where you can save documents. Google Documents gives you access to word processing and spreadsheet apps. You also have access to a calendar. All of these apps are available for your phone, which means that you can work on your computer and it will be synchronized with your phone.
Consider purchasing a scanner. A scanner can be very helpful in managing paperwork - you can scan copies of receipts, correspondence, and other important documents. The scanned copies can then be saved to the cloud, accessed via phone, or emailed from your computer. It can also save valuable time if you just need to sign something and send it back but don’t want to get involved with e-signature platforms. I recommend purchasing a scanner that has a document feeder so that you don’t have to scan each page separately.
Paper documents go missing, and the text messaging app on your phone is not the best way to manage important communications or documents. A minimal investment of time or money in tech tools to manage your rentals can pay significant dividends down the road.
A Note About Texting
Text messaging has become the default method of communication for many of us, including landlords and tenants. Text messaging is great for quick notes back and forth, but it can become highly problematic when it comes to communicating about important matters. It is difficult to provide lengthy, nuanced explanations. Short exchanges often seem clear enough in the moment, but in hindsight, can be full of ambiguities. In addition, text messages can often be very difficult to locate months later and can be difficult to manage if you need to organize them and share them with someone else such as your attorney. As a result, landlords should move any important communications over to email the moment it appears that the rapid-fire back-and-forth format of text messaging will be inadequate.
Keep Good Records
Thorough record-keeping is a necessity. This may seem obvious, but many private landlords find themselves quickly overwhelmed. Your records should be well-organized and easily accessible when you need them. Here are some of the areas that you need to pay particular attention to:
You should keep a copy of the lease, any addendums, and any extensions. Ideally, I recommend keeping a digital copy backed up to the cloud so that it is easily accessible from anywhere.
You should keep copies of any invoices and other documentation for any repairs or maintenance you perform at the property. You will need this documentation if you have to prove a claim for damages.
You should keep copies of any formal correspondence with your tenant.
You should keep financial records that track all payments and charges related to your tenant.
The last item - financial records - is especially important in the event that your tenant falls behind on rent. Here is where technology can be a tremendous help - you can create a spreadsheet at the beginning of the tenancy that you update with their payments every month, noting when they paid and how (via check, Zelle, etc.). This way you will know precisely when the default occurred and can quickly provide them with an accounting that details the entire history of their tenancy.
Do Your Due Diligence
Every landlord should vet their prospective tenants. Corporate landlords have a variety of screening tools at their disposal that many private landlords simply do not have access to, such as the ability to pull credit reports. Fortunately, there are things that you can do to protect yourself:
Ask for references. Prospective tenants should be able to at least provide a reference from their prior landlord. Most importantly, you should contact their references to ensure that they were good tenants.
Verify their employment or source of income. Believe it or not, unscrupulous tenants will falsify their employment and income records. A simple phone call verifying their employment could avoid a lot of trouble later on.
Check the court records. In Virginia, all landlord tenant cases are handled in the general district court for the county where the property is located. Searching the court records for the area or areas where your prospective tenants have lived is an easy way to find out whether they have been previously evicted. You can also see if they have been sued by other creditors and have unsatisfied judgments. I have had many clients who discovered post-eviction that their tenants had been evicted before, sometimes more than once.
Of course, landlords cannot use any discriminatory basis in screening their tenants. Your focus should be strictly on whether your prospective tenant is financially stable and has a history of being a good tenant.
Do Thorough Inspections
A common mistake many landlords make is to become lax in their move-in and move-out inspections. Ideally, you should perform a walkthrough with the tenant present for both inspections. Document any damages by taking photos and filling out a written inspection report and ask the tenant to sign it. The move-in inspection is particularly important - otherwise, any damages you claim will be met with “it was like that when I got here.” And if you have to go to court, you will need to prove the damages you are seeking.
Be a Proactive Landlord
One of the most common complaints I receive from tenants is that their landlord is difficult to communicate with or is unresponsive to their needs. If your tenant contacts you about an issue with the property, address their concerns promptly and document your efforts to resolve the issue.
At the same time, do not assume all is well if you haven’t heard anything. You should visit the property every couple of months or so just to make sure that the property is being properly cleaned and maintained. Even just driving by can give you a sense of whether the tenant is keeping up with their maintenance obligations.
You should also be proactive with collecting rent. When tenants struggle to pay rent due to a job loss or other financial hardship, most landlords will give some leeway. While this is commendable, you should be careful to avoid letting the situation get out of hand. Tenants can quickly rack up several thousand dollars in unpaid rent and late fees, and regaining possession of the property can take longer than you think.
Get Help When You Need It
If you run into problems, it is almost always better to get some advice from an experienced landlord tenant lawyer before you need to go to court. Some of the ways that a landlord tenant lawyer can help include the following:
They can explain your options under the lease and under the law.
They can help you find a solution to the problem that may not require litigation.
They can help you gather the documentation and build the strongest case possible in the event that you have to file a lawsuit.
They can file an eviction lawsuit or other claim on your behalf so that you can get the results you need as quickly as possible.
Yes, lawyers are expensive. However, getting the help you need early is almost always cheaper than hiring a lawyer later on to fix mistakes and get your case back on the right track.
Talk to a Landlord Tenant Lawyer at The Herndon Law Firm Today
Whether you have one rental property or several, we understand the unique challenges that non-corporate landlords face. To discuss your needs and how we can help, contact us today to schedule a free consultation.
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