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Winter-Proof Your Rental Properties

October, 2018

Fall property inspections are a best practice to prepare rental properties for winter weather conditions. Experienced landlords know that preventative actions taken well in advance of the first winter storm can save on costly property repairs resulting from winter rain, snow, and ice conditions. A landlord has the obligation to keep the rental premise fit and habitable by maintaining safe and sanitary conditions and to provide essential services during the lease term. A landlord also has the duty of care to help protect tenant safety and security. Winterizing the rental property before harsh weather conditions set in helps protect the rental investment and the safety of the tenants.

Proactive rental property maintenance can help lower energy bills, increase the efficiency of operating systems, extend the lifespan of building components, and improve overall property safety. Inspections can identify areas that need strengthening or replacement before severe weather conditions make repairs difficult or more costly. Waiting too long to address property issues can lead to tenancy problems such as unexpected tenant departures, extended vacancy periods, regulatory agency complaints, withholding of rents, or damages caused by tenants attempting to “fix” problems themselves.

Winterization tasks will differ depending upon the location of the rental property, the age of the property and the property’s condition. Thinking ahead is the key to winter-proof properties to help resist the effects of harsh weather conditions. Winter conditions such as snow, ice, and freezing temperatures are among leading causes of catastrophic property loss due to weather. Making a to-do list of required tasks for exterior and interior weatherization will help keep those tasks organized by priority, responsibility by landlord-tenant law and/or lease terms and conditions, and schedule of work. A landlord should inspect and repair as needed those following items which are relevant to the property being managed:

Exterior Weatherization

Gutters and Roof

  • Clean the roof to remove accumulation of dirt, debris and leaves.
  • Inspect the roof for areas where missing, warped, loose, or damaged shingles need replacement.
  • Inspect the condition of metal flashing in valleys and around vent pipes.
  • Check to see that gutters and downspouts are securely fastened.
  • Clear debris from gutters and downspouts.
  • Inspect gutters and downspouts for leaks or damage.
  • Check the extension of the downspouts to ensure that runoff water flows away from the foundation.

Chimney

  • Inspect chimney for loose bricks, deteriorated mortar, cracks, and moisture damage.
  • Inspect chimney for obstructions such as debris or bird nests that must be removed.
  • Check that screening and protective cap are in place to prevent future problems.

Exposed Foundation

  • Check the slope of the dirt grade around the building to make sure water drains away from the foundation.
  • Inspect the foundation for damaged block, bricks, or mortar that need replacement.
  • Inspect the foundation for cracks or holes that need repair with insulating foam or caulk.
  • Inspect foundation at entry point for pipes or wires for damage or leaks that should be repaired or sealed.
  • Rake leaves or other debris away from the foundation.
  • Check basement window wells for damage to window or foundation. Clean debris from window well and install window shields as necessary.

Basements and Crawlspaces

  • Inspect basements and crawlspaces for damage and pest infestations.
  • Add additional insulation to seal air leaks.
  • Waterproof or seal surfaces to prevent moisture damage.

Sheds and Attached Garages

  • Inspect for obvious damage or drainage problems.
  • Secure and weatherproof windows and doors.

Woodpiles

  • Wood for fireplaces and wood stoves should be kept away from the house and foundation.
  • Inspect woodpile for pest infestation and animal habitats.
  • Wood should be stacked and covered with a moisture barrier or tarp.

Air Conditioning Units

  • Clean dirt, debris, and leaves from central air units.
  • Cover unit with a protective barrier or wrapping to seal unit from weather damage due to snow and ice.
  • Remove window air conditioner unit and clean in preparation for storage.

Landscape, Trees, and Shrubs

  • Trim tree branches back from house, outbuildings or electrical wires to protect from damage caused by snow, ice, or high winds.
  • Prune shrubs to prevent ice and snow damage.

Outdoor Water Faucets, Irrigation Systems, and Hose Connections

  • Drain irrigation systems to prevent damage.
  • Disconnect, drain, and store garden hoses.
  • Drain and turn off shut-off valve inside the house.
  • Drain, cover, and insulate outdoor faucets.

Stairs and Walkways

  • Inspect and repair stairs and walkways for cracks or tripping hazards.

Exterior Lighting

  • Inspect outdoor lighting for damage or burnt-out bulbs.

Common Areas in Multi-Family Housing

  • Inspect and maintain common areas to winter condition standards – i.e., salt, sand, ice-melt treatments; walkways, driveways, and parking areas cleared of ice and snow to protect tenant safety from slip and fall hazards.

Interior Weatherization

Attic Space

  • Inspect for water stains, mildew, and rot.
  • Check attic insulation for moisture damage.
  • Check that depth of insulation appears sufficient to prevent ice damming on roof.
  • Inspect attic vents for obstructions.

Furnaces and Ductwork

  • Test furnace to make sure furnace operates correctly through a full cycle of heating.
  • As needed schedule professional inspection and cleaning of furnace and ductwork.
  • Inspect ductwork for damage or loose connections requiring repair or replacement.
  • Clean dust and dirt from ductwork.
  • Inspect ductwork for evidence of pests and indications of moisture problems such as mold.
  • Check to see that insulation around ductwork is in good condition. Add additional insulation as needed.
  • Ductwork in unheated areas should be insulated.
  • Replace furnace filters for better indoor air quality and furnace efficiency.
  • Check the thermostat to make sure it works properly.
  • For better efficiency, replace old thermostats with programmable models.

Windows and Doors

  • Inspect window and door frames for damage and decay.
  • Check caulking and weather stripping around windows and doorframes for leaks, or signs of wear.
  • Seal air leaks around windows and doors with weather stripping, draft guards, and gasket sealing thresholds.
  • Inspect windows for cracks or broken glass. Replace as needed.
  • Install storm doors and windows.
  • Consider using weather proofing plastic sheeting to cover large window areas to reduce drafts and heat loss.

Fireplaces and Wood Stoves

  • Inspect the chimney and flue for damage or creosote buildup.
  • Check the fireplace or wood stove to ensure it operates properly.
  • Check all connections to make sure they are secure and undamaged.
  • The damper should be closed whenever the fireplace or stove is not in use.

Hot Water Heaters

  • Check temperature settings and adjust as needed.
  • Check for signs of leaks and rust.
  • Check that the drain for an under-tank pan is clear of blockage.
  • Check pressure relief valve to make sure it is in good working order.
  • If required, flush water heater tank to remove sediment.
  • Cover with blanket insulation or cover per manufacturer’s instructions.

Plumbing

  • Inspect for uninsulated pipes exposed to an outside wall and wrap them with foam sleeves.
  • Inspect for leaky or dripping faucets.
  • Check under kitchen sink or bathroom sink cabinets for leaks or signs of previous damage.

Fire Extinguishers, Smoke Detectors, and Carbon Monoxide Alarms

  • Test fire extinguishers, smoke detectors, and carbon monoxide alarms to ensure alarms are in good working condition.
  • For battery operated alarms, install fresh batteries.

Landlord-Tenant Cooperation

A landlord can benefit by enlisting the tenant’s help in alerting the landlord to property conditions or issues that need attention and repair. A tenant could benefit from the landlord providing information on energy savings and winter safety tips. A winter season newsletter sent to tenants is a good example of helpful information that could help the tenant live more comfortably or safely in the property. As examples, tips could include:

  • Inspect for blocked or closed vents in living spaces. A supply vent could be blocked by furniture placed over or against the vent.
  • Open any register vents or air returns inside the living spaces in the house. Vents may be wall mounted, in the floor or in the ceiling.
  • Notify landlord that repair or replacement of damaged or loose vents is needed.
  • Reverse the direction of ceiling fans to rotate clockwise to help circulate warm air that gathers near the ceiling. This will push the warm air down to lower areas.
  • Keep the kitchen sink and bathroom vanity cabinet doors open so warmer air can circulate around pipes to prevent pipes from freezing.
  • Help reduce cold air drafts from entering living spaces by putting towels or other materials along bottoms of exterior doors and keeping windows shut and locked.
  • Avoid using unventilated and unattended space heaters.
  • Never using cooking stoves to heat living spaces.
  • Test smoke alarms and carbon monoxide detectors regularly and never remove alarm batteries.
  • Do not turn off the heat at the property when leaving for holidays or taking a vacation during expected cold periods.
  • Notify the landlord if an extended absence is planned, such as an out of town trip or holiday travel.

Landlords should provide tenants with winter safety information such as:

  • Snow removal policies, plowing of parking lots, off street parking regulations, and local ordinances for snow routes.
  • Fire safety information for use of fireplaces and lighted holiday decorations. Open flame decorations such as candles should be discouraged due to fire hazards.
  • Landlords and tenants need to have emergency plans for power outages or shelter-in-place situations. Landlords should provide emergency contact information for government and local agencies that can provide shelter and assistance in the event of severe winter weather conditions. During tenant orientation the landlord should have provided emergency contact information and instructions on what to do for an emergency situation on the rental property.

Winter weather can be unpredictable and events can happen with little warning. Being prepared for winter’s challenges by maintaining a safe, secure property can help avoid potential damages to property and harm to the residents.

The lease signing and inspection walk-through with the new tenant is scheduled for this weekend. She notified me today (Wednesday) that she is having problems coming up with enough money for the security deposit and the first month’s rent. She wants me to let her pay the deposit in installments after she moves in. Is this something I should worry about?

October, 2018

It is not unusual that a selected applicant informs a landlord at the time when security deposit and rent are to be paid that he/she is short some of the funds due. What you can do may depend upon whether the issue is regulated by your state’s landlord-tenant statutes, local ordinances, and the terms and conditions of your lease agreement.

Most states have statutes governing the collection, handling, and application of move-in funds. Many municipalities have local ordinances that regulate the move-in process including fees and deposits. As example, the city of Seattle Rental Agreement Regulation Ordinance has requirements regarding security deposits, pet deposits, move-in fees, and last month’s rent. Seattle landlords governed by the ordinance must allow an installment plan to pay a security deposit, a pet deposit, move-in fees, and last month’s rent.  The payment plan must be structured as specified in the ordinance unless otherwise agreed to by the landlord and tenant. A payment plan of 6 consecutive and equal payments is required for rental agreements of 6 months or longer.

You will need to comply with applicable regulations. If statutes or ordinances do not address the issue you will look to your lease terms and conditions. If your lease agreement has words that make its commencement contingent upon receipt of all funds due, you can tell her that you will have to find another qualified applicant unless she can come up with the funds before the agreed deadline. Many times the potential tenant will be able to find the required funds after all.

If your lease does not address the issue and you prefer for business reasons to allow possession of the unit upon payment of less than the total funds due, there are certain ways to minimize the risks.

First, be sure that you require execution of an addendum to the lease that clearly states the agreed schedule of payment of the deficiency and that failure to perform is a material default of the lease resulting in lease termination.

Second, be sure that the addendum clearly states that the unpaid portion is rent rather than part of the security deposit. The reason why this is important is that it is usually easier and faster to obtain an eviction for non-payment of rent than for most other defaults.

As a general rule, possession of a rental unit should never be given until all funds have been received or an acceptable modification of the lease terms is executed. If the selected applicants have been given legal possession (e.g., by giving them a key or allowing them to store personal property on the rental property) a landlord might have to proceed with eviction if the parties cannot come to agreement regarding resolution of the problem.

Regarding a tenant’s notice of early termination of the lease, does a landlord have the option to work with the tenant to settle the matter?

October, 2018

When a tenant needs to break the lease due to unexpected circumstances – as examples, employment transfer to a distant location, financial difficulty due to medical expenses, or employment termination – none of which allows the tenant to break the lease – the landlord and tenant are free to negotiate a termination that is acceptable to both parties.

A landlord can always voluntarily release a tenant from his lease obligations with a settlement negotiated between landlord and tenant. A negotiated settlement is usually of benefit to both the landlord and the tenant, as it avoids the unpleasantness of a broken lease and the potential costs of legal actions. Furthermore, there is never a certainty that a judgment can really be collected. Accordingly, in a normal rental market, the landlord may be ahead by collecting for a certain number of months’ rent and any damages and to find a new tenant as soon as possible. It is almost always advantageous for a tenant to negotiate a termination if the landlord is willing to be reasonable.

The negotiated settlement will usually mean that the departing tenant pays a certain amount of rent in advance that the landlord considers adequate to cover the period until a new tenant moves in; pays for any property damages; pays for the cost of again preparing the unit for showing to prospective replacements; and pays the costs of re-marketing the property.  If the tenant breaks the lease without such a settlement agreement, the tenant would usually be legally liable for the rent for the entire rental term. This usually provides an incentive for the tenant to agree to a reasonable settlement.

Any settlement should always be done with a detailed written agreement that includes all terms of the settlement including a move-out inspection in order to minimize tenant misunderstanding or disagreement.  Settlement options may include:

Tenant Buyout

The landlord’s lease agreement may have a buyout clause that allows a tenant to terminate his lease without financial penalties beyond the buyout fees and without risk of a lawsuit and/or damage to the tenant’s credit record.

Depending on the amount of the fee and other conditions of the buyout and market conditions, a landlord may be able to fill the vacancy without any significant loss of income. As a contingency, the buyout agreement can make the tenants responsible for the condition of property at the time of move-out which could reduce the landlord’s work for cleaning or repairs.

What might be considered a reasonable buyout fee to the landlord or the tenants could vary widely depending on the current rental market. It is usually best to calculate the buyout fee based on a conservative estimate of the actual costs of an early vacancy, remembering that there would be a vacancy at the end of a tenant’s lease anyway. Items to consider usually include costs of preparing the premises for the next tenant; lost rent during preparation down-time; marketing and advertising expenses; and lost rent during the marketing period until rent begins from a new tenant.

The buyout agreement should be a written, detailed document that covers all material issues and should:

  • State that the document is the full and final agreement regarding the lease.
  • State whether or not any part of the deposit will be applied against the buyout fee, whether or not any part will be refunded if the unit is immediately re-leased, or whether no credit for the deposit is to be given.
  • Provide an accounting for any part of the security deposit not refunded within a specific time frame. The buyout agreement should cover this issue in a way that will eliminate the need for further action regarding deposit accounting.

Tenant Substitute Replacement

The tenant may offer to find a replacement tenant to rent the unit in an effort to facilitate negotiations or help reduce the time the unit will be vacant and therefore reduce his debt. It is the landlord’s decision to accept the tenants’ offer of help conditioned upon the replacement tenant qualifying under the standard rental practices, including application, screening, and selection procedures. The landlord would sign a new lease with the new tenant and a termination agreement with the old tenant to release him from his lease agreement.

If a tenant moves in after signing a one year lease and paying the security deposit and first month’s rent, but now wants to vacate the premises a week later, is he entitled to a refund of any of the security deposit or first month’s rent? He has given no reason why he wants to move out.

October, 2018

A lease is a contract. Both signatories to the lease agreement, landlord and tenant, signed a binding contract that stated terms acceptable to both at the time the document was executed. Neither the landlord nor the tenant can unilaterally terminate the lease during the specified lease term without potential penalties. Both landlord and the tenant are legally responsible for performing under the terms of the lease unless and until both parties agree to a change in terms, e.g., a cancellation or an early termination.

In general, tenants cannot escape liability under their leases due to economic hardship, a job transfer, marital discord, or health issues. In most jurisdictions, even death does not terminate a lease and the deceased’s estate remains liable for the lease.

A tenant who breaks a lease is potentially liable for paying the rent until the end of the lease term or until a replacement tenant begins paying rent. The landlord in almost all states is held responsible for making reasonable efforts to reduce damages by finding a replacement tenant as soon as possible. In most cases a tenant forfeits his security deposit for application against unpaid rent and the costs of re-leasing the unit. Additionally the tenant can be sued for the rent still due under the lease terms along with any alleged damages to the unit. Most likely a landlord would obtain a default judgment for whatever amount was claimed in the complaint. The judgment would affect the tenant’s credit record and be collectable even if the tenant moved to another state, assuming the tenant doesn’t discharge the judgment in bankruptcy or the tenant becomes judgment proof due to some other reason. The tenant, in addition to owing rent for months that he didn’t even live in the unit, could have to pay the landlord’s attorney fees and court costs, as well as other costs for re-leasing of the unit.

It is often best for the two parties to negotiate a settlement agreeable to both rather become involved in legal actions.

My tenant wants to extend her lease for another year. The only item on the old lease that will change is the lease term. Do I have to enter into a new lease, or can I do a short amendment for the existing lease?

October, 2018

When changes are being made to a lease you can always either amend the existing lease agreement or create a new lease. If the number and complexity of changes being made would be significant relative to the overall terms and conditions of the lease, it is usually best to create a new lease document. Many times it is often simplest to execute a new agreement rather than update the existing lease agreement. However in your case, there is only one simple change being made, you could do an amendment.

Be sure that the amendment adequately refers to the original lease agreement by date, tenant name, rental unit address, and states that all other terms of the lease remain as before.

The lease for one of my tenants will expire in about two months. Do I need to serve the tenant with a notice that I do not want to extend or renew his lease?

October, 2018

What you need to do to terminate the lease depends on the clauses in your lease agreement and applicable landlord-tenant statutes for the state where your rental property is located. It can be of benefit for the lease agreement to address end-of-lease issues. For example, the agreement may state that the tenant is expected to vacate the unit if an extension or renewal agreement has not been executed by the parties at least some number of days (it should be at least 30) before the ending of the existing lease term.

As another example, the agreement may state that the lease becomes a month-to-month lease if no action has been taken regarding an extension or renewal, the landlord has not given notice of termination, and the tenant holds over beyond the term end. It is usually desirable to include the amount of the rent increase that becomes effective at the end of the current lease’s term when it has not been otherwise determined in advance of the term ending date.

If you don’t want to extend or renew the lease, the tenant can be given notice at any time prior to term end unless otherwise required by the lease agreement or law, but it should be long enough in advance for the tenant to make plans for moving. Usually, no reason need be given and it is best to not give a reason that can in any way be considered a violation of fair housing laws.

Three roommates signed a lease together. Now one roommate is leaving and wants her security deposit back. The other two tenants have indicated they will stay in the property but will probably want to add a new roommate. Each of the original tenants paid one-third of the security deposit. Do I refund one-third of the security deposit? Or does the security deposit remain in place until the lease ends?

October, 2018

The answer primarily depends on what it says in the lease agreement that the three co-tenants signed. Adding or subtracting co-tenants is not an unusual event, so a lease agreement should always contain adequately detailed information regarding the shared deposits and rent – specifically what happens in the beginning, when co-tenants are added or subtracted, and when all co-tenants leave at the same time.

Although many states make co-tenants jointly and severally liable by statute, the lease agreement should also contain a “joint and several” clause so that each tenant understands his legal obligation for the lease in its entirety.

Security deposits and rents should each always be considered a single total amount rather allocated among co-tenants. The landlord should only accept one full security deposit amount at the beginning of the lease term and one full rent payment each month. In general a landlord should not accept partial rent – i.e., each roommate paying his “share of the rent”. Accepting multiple separate payments can result in additional problems for accounting and collection purposes. Acceptance of partial rents may also indicate waiver of the “joint and several” language in the lease agreement.

Unless prohibited by law, the lease agreement should require written consent of the landlord to a tenant’s request to replace one co-tenant with a new co-tenant. The proposed replacement co-tenant should be required to submit a rental application, pay the standard application and screening fees, and consent to the landlord’s stated tenant screening process.

Upon acceptance of the new co-tenant by the landlord, a new lease agreement or an amendment to the existing agreement should be executed by all occupants of the rental unit. This is important in order to make it clear that all remaining co-tenants were willing to accept joint and several liabilities regarding the new co-tenant.

As a general rule the more individuals liable for the lease the better for the landlord. Accordingly, if a co-tenant departs during the term of a lease, there is seldom a reason why the landlord should release a person from responsibility during the remaining original lease term even when another person replaces him as co-tenant.

Allocation of security deposit shares among old, new, and remaining co-tenants should usually be left as a matter between those parties. Absent some lease clause stating otherwise, the landlord is not legally required to release any of the security deposit until all lease terms are met and all the tenants have vacated the rental property. The landlord should return the security deposit only to the last person on the rental agreement to leave the apartment. Such issues should be included within the lease agreement.

For protection of new, departing, and remaining occupants, it is a good idea that a walk-through inspection is performed and a checklist is completed whenever any co-tenant is replaced. It is recommended that the landlord collect reimbursement for damages to that date so that the tenants remaining can properly settle up with the departing co-tenant and start out with a clean slate and minimize damage claims later, a benefit to all parties.

For most situations, a landlord should require that the remaining tenants provide the departing tenant with a refund, with the landlord creating documentation that memorializes that fact – perhaps even a new lease agreement for the period remaining of the original term. The walk-through inspection mentioned above should be performed to determine damages that have occurred to date so that the remaining tenant(s) can collect (or deduct from the departing tenant’s refund) the departing tenant’s share, with the remaining tenants becoming liable for all damages evident at the end of the remaining tenants’ occupancy. If the departure date of the departing tenant does not coincide with the date rent is next due or if there is past due rent, this must be dealt with in a similar way as the security deposit.

In the case where a departing occupant will not be replaced, landlords may also want to consider financially re-qualifying the remaining occupants regarding their joint ability to pay the rent.

Hurricane Preparedness

October, 2018

Landlords with rental properties in areas that are at risk for hurricanes, flooding, and storm surges must take certain precautions to protect their properties and ensure tenant safety during storm season.  According to the Federal Emergency Management Agency (FEMA) “The ability to quickly recover following a hurricane requires a focus on preparedness, advance planning, and knowing what to do in the event of a hurricane.”

While landlords with properties in at-risk areas may be used to dealing with hurricanes and flooding, some tenants may not be aware of the potential dangers from hurricanes and floods. Landlords can help protect the safety of their tenants and reduce damage to their properties by providing tenants with information to resources that address weather issues such as how to prepare for a hurricane, preparing an emergency kit, and tips for safe shelter during a storm. Basic information about evacuation routes, locations of emergency shelters, and property preparations in the event of a weather emergency should be discussed during tenant move-in and provided as a tenant hand-out for later reference during tenancy.

A landlord has a duty of care towards his tenants to be prepared to handle weather emergencies. Tenant safety and property protection should be the priority focus in developing emergency plans for shelter and supplies. Communication with tenants is important before and after a storm. Tenants should know what protections could be offered by sheltering in place, what should be done when the storm warning is issued, and what must be done for safety when the storm hits. Tenants should be advised that essential services to rental units such as power, water, and utilities, may be interrupted as a result of a storm. Tenants should be prepared with emergency kits and sufficient food and water supplies for a minimum of 72 hours as a precaution for outages or damages.  If the tenant will have specific responsibilities under the lease agreement for safety measures and damage control – e.g., for a single-family home rental, the lease agreement should clearly define the roles and responsibilities of landlord and tenant.

Before the hurricane season arrives, a landlord should conduct a property inspection to identify repair or protective work that must be done. In simplest form, to hurricane proof the property, the landlord must be prepared to keep wind and water out, roof shingles secured, and any openings, cracks, or holes sealed against moisture.

As part of inspection and repairs a landlord should:

  • Check the rental property for dead trees, damaged trees or large branches that could fall due to high winds.
  • Clean the gutters and downspouts to allow water to drain properly. Making sure all gutters are clear from debris will help prevent water from pooling and causing roof leaks or other water damage issues.
  • Check the roof for damage, leaks, or loose shingles. Install roof clips or hurricane straps to help keep the roof attached to the building structure.
  • Consider installing permanent storm shutters for windows and doors.
  • Consider purchasing a generator to power basic essentials if the power is out for a long period of time.
  • Stockpile emergency protective materials such as plywood, sandbags, plastic sheeting for storm proofing or damage repairs.

There are critical tasks that should be done prior to the expected arrival of the storm:

  • Board up windows and doors with plywood and/or close permanent storm shutters.
  • Tape exposed glass to protect against breaking.
  • Secure garage doors.
  • Take in all outdoor furniture, umbrellas, garbage cans, or other loose objects that could be propelled into the air.
  • Reduce the risk of damage from flooding by elevating critical utilities, such as electrical panels, switches, sockets, wiring, appliances and heating systems and place sandbags around the property’s perimeter, in front of the doors and entry points.
  • Turn off propane tanks.
  • Turn off the main gas valve.

There are some important tasks for both landlords and tenants to perform in order to proactively manage risk from natural disasters. They include routinely checking insurance coverages and updating an inventory of property and personal assets. Not only is adequate insurance coverage needed for protection of property and assets, a current inventory of assets can help determine the full amount of insurance coverage that is needed and support claims of losses.

Insurance Coverages

For landlords, adequate property insurance is a major property protection measure against risks. Identifying potential risks or determining under-insured areas are issues that can be addressed thorough insurance coverage review and strengthened with changes in coverage or additional policies. Insurance must be in place to be effective. It is too late to adjust coverage once an event is in progress. General insurance policies usually do not cover damage caused by hurricanes or flooding. Special policies for hurricane and flood insurance are needed for full coverage against weather disasters.

For tenants, renter insurance should have been purchased for personal property coverage against potential risks and/or as part of the landlord’s required terms and conditions as allowed by law. A tenant’s personal belongings are not generally covered by the landlord’s insurance.The tenant should review his renters insurance to determine coverages and exclusions. If there is no insurance in place the tenant will bear the costs for loss of possessions and could potentially incur liability for harm or damages to others caused by the tenant’s actions or inactions.

Inventory of Possessions

For landlords, a current inventory of property, fixtures, equipment, and other assets is needed for business purposes. In the event of a disaster, a detailed inventory can help in making insurance claims, applying for disaster aid, or substantiating business losses for tax purposes.

For tenants, a current inventory of personal possessions can help determine the amount of renter insurance coverage that should be purchased. The inventory should be detailed with the estimated financial value of the property. Receipts, photos, or video recording of personal property and valuables can be helpful in the event of making an insurance claim for damage or loss.

Important Documents

FEMA recommends that important documents such as copies of personal identification, insurance policies, bank account records, other financial documents, and any other type of document that could prove identity, ownership of assets, or restore account records lost or damaged by a weather event be kept in a waterproof container readily available to the individual. Original documents should always be safeguarded in a secured device preferably at an off-premise location or stored digitally through a trusted electronic service. It may be advisable to consider cash as important as certain documents to facilitate recovery after an event. Obviously precautions should be taken to secure all forms of documents.

General Purpose Information for Safety and Protections

  • Always pay attention to storm alerts and warnings. Download a weather alert app to stay informed of the latest weather conditions and be prepared to evacuate as necessary.
  • Keep cell phones charged in case the power goes out. It’s also a good idea to have fully charged rechargeable power sources for your important electronic devices.
  • Create an emergency plan including evacuation routes and household communication protocols.
  • Make a pet plan. Many emergency shelters do not allow pets. Make plans ahead of time on what to do with your pets if you are required to evacuate your residence.
  • Create an emergency kit with supplies that may be needed for an extended period of time without power. The emergency kit can be used to shelter in place or function as a “grab and go bag” if evacuation to an emergency shelter becomes necessary.
  • Vehicles should have full tanks of gas in the event evacuation is necessary.
  • Make sure all pets are indoors.
  • Close all windows and doors.
  • Move all furniture away from exposed windows and doors.
  • Fill bathtubs, sinks, washing machines, or other containers with water for emergency water supply and sanitation purposes.
  • Set the refrigerator setting to the coldest setting to keep foods cold longer. Do not open refrigerator unless necessary.
  • Move to a small, interior, windowless room in the center of the unit/building that is on the lowest level not subject to flooding.

It is important to be prepared to the extent of being over-prepared in order to protect personal safety and help mitigate damage to property. There are many online resources available from a variety of government and public service agencies, as well as from private companies, that can provide information on planning and preparation for weather emergencies.

What can a landlord do in situations where the applicant has never rented before?

September, 2018

An applicant applying for his first rental obviously cannot provide previous rental history for a reference check  but that does not mean the applicant should be automatically disqualified from renting or is potentially less qualified than a tenant with years of rental history. A landlord must look to other references to qualify the applicant. Commonly these other types of references are personal and work references.

Personal references generally include friends, relatives, co-workers, or other individuals the applicant regards as being able to give favorable character recommendations. Most applicants would not list a reference who might give a negative opinion. This should be taken into account when contacting personal references.

However, while some landlords may consider personal references to be self-serving for the applicant, personal references should not be overlooked as a good source of information. Particularly in a tight rental market, or for first time renters, students, and former homeowners returning to the rental market, the information provided by personal references can make a difference when customary sources are unavailable.

Sample questions to ask personal references may be:

  • How does the reference know the applicant?
  • How long has the reference known the applicant?
  • How frequently does the reference keep in contact with the applicant?
  • Is the reference a former roommate or co-tenant?
  • Is there a business or work relationship with the applicant?
  • Does the reference think that the applicant would be a good tenant? Why?

What are some of the relevant questions to ask a previous landlord? I’m concerned that he/she won’t want to spend a lot of time talking.

September, 2018

A landlord calling on a landlord reference check must verify the identity of the reference, the rental address, and confirm the full name of the applicant to the full name of the former tenant. Verification of applicant identity is critical if the applicant has a common surname or generational suffix. A landlord must vet the same person who is now his applicant.

To protect against claims of discriminatory treatment, all applicants should be screened for landlord references using a prepared script of questions and answers should be written down as received.

A sample reference verification script might include the following questions:

  • When did the tenant’s lease begin and end?
  • What was the amount of monthly rent?
  • Did the tenant pay the rent on time?
  • If the tenant paid late, was a legal notice given to demand the rent?
  • Did the tenant have roommates that contributed to the monthly rent?
  • Did the tenant take good care of the property?
  • Was the tenant considerate of his neighbors?
  • Were any warnings or legal notices served because of lease violations?
  • Was required notice given per the lease agreement?
  • What reason did the tenant give for move-out?
  • Was the full security deposit refunded?
  • Is there any information that should be disclosed regarding this tenant?
  • Would you rent to this tenant again? Why?

Contacting previous landlords to verify past rental history is an important screening tool for risk assessment. It could provide some insight toward the applicant’s future rental behaviors. A landlord must however evaluate an applicant’s qualifications using a variety of tenant screenings.  By using multiple types of screenings, if the tenant has been a problem tenant in the past there will likely be red flags that show up in other screenings.

If there are unsatisfactory references from previous landlords, and those landlords would not rent to this applicant again, a landlord should consider these reports to be an indication of business risk and reject the applicant. If there was unpaid rent, property damage, nuisance complaints, or lease violations at the applicant’s previous housing address, there is a good probability that similar problems could occur in the future.