Archive for the ‘Property Manager’ Category

Best Practices For Late Fees and Notices

Tuesday, August 17th, 2010

At the beginning of every month we are prepared to deal with the tenant who, for all kinds of reasons, is not going to make their payment on time.  All of our leases are structured with a five day grace period.  After day five, the late fee in the lease is applied.  From that point on we have standard procedures to follow that are only handled differently if an owner chooses.  Occasionally, an owner take mercy on a tenant and considers special circumstances.  We discourage this as it tends to become habitual.  We also request any tenant who believes a late fee should be waived to submit this request in writing for us to forward to the owner.  Unless approved, on the 6th of the month, all tenant accounts that have not been paid register a late fee and a first notice is sent via email to the tenant.

From this point on we are in pre-eviction mode.   Once in a while when a tenant who has never been late is late, and we think there may be an issue unrelated to finances, we may give a courtesy call as well to serve as a reminder.  The late fee is still accrued but this provides them a chance to settle quickly before we move into posting for eviction. 

Our schedule of notices is as follows: 

  • Rent is DUE on or before the first of each month; and late if received after the close of business on the 1st
  • Late Fees per the contract are automatically added to the tenant’s account on the 6th.  All tenants receive an email notice when this charge is posted.
  • A current statement is available on the Tenant’s web site showing the amount owed.  This is explained to all tenants and is available until the end of the lease or the Tenant is evicted.
  • Pay or Quit notices are posted around the 10th day (depending on Holidays/Weekends)
  • Eviction is filed around the 15th (Evictions can be stopped at any time up to the hearing and order from the court)

 We stress to all tenants that just because there is a grace period  for Late Charges to accrue - the rent is still DUE on the first of the month.  Therefore, it becomes “Late” if paid after the first (which is why we are owed a LATE charge is it is allowed to stay late for five days).

One other issue is tenants who “short pay” or do not pay the full lease amount.  They too are considered late as the balance was not paid in full.  All the above rules and time lines also apply.  If an owner chooses to accept something different, we will follow their direction.  Short pays still accrue full late fees and the probability of an eviction notice.

Help Us!

Friday, July 30th, 2010

Yesterday, one of our clients called her property manager with a complex question regarding something she was seeing in her reports in our owner portal.  The property manager, who always answers his cell phone, was on his way to a lease showing.  He was driving and could not write down a reminder..at least safely (that is what I wanted to hear!).  Our Property Managers are also not accountants and the complexity of the question sounded a little like a foreign language to him.

When he contacted me to say xyz owner has a question about her owner statement, he could not really elaborate.  He knew it had to do with funds advanced by the owner but did not understand the exact nature of the question…partly I assume because he was driving a car when cornered with the unfamiliar question.  I subsequently offered to contact the owner and try and get some elaboration.

I chose to send my question to the owner with email.  A lot of people are still not comfortable with writing down questions, or communicating in this manner.  I suspect that just speaking is easier for most people. At the same time, writing allows one to re-read and make sure the communication is accurate.  It also provides an archive for future reference.  I also find that written communications involving issues, like a bookkeeping question for instance, provides an excellent tool for future training.

My point?  We prefer to use email to serve you better and more efficiently.  We also understand that some matters need to be communicated verbally.  Emergencies for one.  Yet, the majority of the communication we do with owners can best be handled in writing.  The bookkeeping question was easily answered when I discovered that a term was being used by the owner that we call something else.   It was obvious when written.  Not so obvious when a Manager, not a trained accountant, answers your call while driving to rent your property.

I always add….we do not want any of our clients to feel we are not available.  So phone away!  Maybe this will help you understand our reasons for prefering the written word as we serve you in many of our functions as your property manager.

What Happens To The Security Deposit When Changing Property Managers?

Wednesday, July 7th, 2010

Recently, one of our owners lost their investment property (that we were managing) to foreclosure.  In the new day we currently live in, this change in ownership (from individual to bank) will mean little to the tenant.  Unlike just two years ago, the banks are honoring leases under the Protecting Tenants In Foreclosure law passed in 2009. 

Where a bank is not traditionally handling property management, they have had to go out and find companies to handle this task for them.  Unfortunately, the banks have chosen to handle tenants and management the same way they handle property services…wholesale.  The banks are hiring large companies to serve the property management function.  These “wholesalers” are providing nothing more than a back room and a local person with little or no property management experience.  Without going into too much more depth as to the ramifications of this approach, having an inexperienced field person working the transition of a property to a new manager created some issues when it came to the handling of the security deposit.

This issue is relevant to both a tenant and owner.  We hold every dollar of deposits in state regulated escrow accounts.  This money belongs to the tenant unless they violate their lease in a way that creates a need to reimburse the owner.  So, just because Wells Fargo is knocking at the door demanding we hand over the security deposit, we don’t just write a check.

Likewise, if you, as an owner, are transferring property managers, we expect all parties to handle their fiduciary responsibilities as to the security deposit in a manner that honors the tenant’s interests.  Tenants have the right to be made aware that a property manager is changing.  The correct way to handle a change in managers is to:

Utilize a letter explaining the transition.  This letter should be generated by the new property manager and ideally also signed by the owner and tenant.

Issue a check for the security deposit to both the tenant and the new property manager. 

We will usually take this check to the tenant for endorsement with the letter.  In this way we are able to introduce ourselves as the new manager, answer any questions, and have a written record of receipt of the transfer letter and endorsement of the security deposit funds into our escrow account.

Needless to say, the field person hired by the wholesale property management company hired by the bank had no connection to any procedures like this.  Basically, stating that they had the full power of the US government supporting their actions, they insisted that we hand over our lease and write them a check for the security deposit.  The resulting conflict took a few days and a call with the wholesale property manager.  We gave them a check made payable to the wholesale manager and the tenant.  I wonder what happened after that?

How Do I Get Ink On The Agreement?

Monday, June 28th, 2010

OK, silly headline.  I am writing about a pretty unsophisticated topic here, but wanted to pass along some tips and a little bit of information on how we get signatures from owners who we can’t meet face to face.  In fact, because so much of our communication is electronic, even owners we could meet seem to prefer other options.

We have an owner who lives overseas.  In the old, old, days we would have used snail mail to get a contract or lease executed.   We would have worked on a telephone authorization (risky and not going to hold up in court!) and wait 2-3 weeks to receive a signed document.   Then, in the 1980′s we had this amazing device that cost $1000 called a fax machine.  (Am I dating myself?)  We had documents that were printed on this thermal paper that curled and faded!  Powerful stuff when a year later you could not read a document!  So, we still needed snail mail to get a original copy.  Faxes improved and in the 1990′s you could get a “plain paper” fax.  No more fading, but often very poor resolution.  So, we still used mail to have an original copy, but by then we had options that sped up the delivery of documents such as Fed Ex and UPS.   Then email became popular and all we had to do was figure out a way to make it easy for clients to return a nice looking document from their email, with their signature.  There are two options, printing and scanning, or faxing the returned document.  Faxing works pretty good unless their fax machine is dated or the telephone connection is bad (overseas connections).  We still like to have the documents in case the resolution is poor.   There is often enough savings that visiting an office store is cheaper than using a delivery service.   Printing, scanning, and emailing the documents back to us is the preferred method. 

Our clients and Associates are recommended to install a free program on their computer for creating pdf documents.  There are a number of ways to send back an executed copy to us via email.  After printing and executing  the document, our client can scan or fax to make an electronic version.   We really prefer not to receive the fax because the phone line issues can often cause resolution problems.  Most of the simplest printers today also offer scanners and copiers for pennies additional.  A document can be scanned with the signature and saved to a computer.  If the scanner does not offer a pdf converter, and makes photograph type faxes, these need to be converted to a pdf.  In fact,a free pdf converter program is a wonderful addition for many different uses.  Check out pdffactory or cutepdf.  

Today we actually have electronic signatures making their way into the popular mainstream.  We have not gone this far but I suspect it won’t be long until we offer this service.  Of all the improvements over the last 30 years, this one may take the most getting use to.  An electronic signature does not actually provide a signature in the traditional sense.  It provides a verification that the person who executed the document on a computer, can be traced to a computer.  In some cases there are verification processes associated with a person but most I have seen go back to an IP address and involve a check box or initials typed.   The most popular service in real estate for this is called Docusign

Be warned though, the future is in electronic documents.  The improvements in speed, resolution, and legal enforceability have been made.   We are really just trying to decide which vendors and how to implement.  For now though, the suggestions above should cut your delivery costs substantially and provide all parties a faster turnaround on document execution.

Keys And The Tenant

Thursday, May 20th, 2010

I have just made revisions to our Management Agreement regarding the Owners responsibility for providing a re-key to a recently vacated property.  The previous version of the agreement was vague on this point.  For safety and liability reasons, we would recommend, and Owners would almost always agree, that a property needed to be re-keyed after a tenant leaves and no later than prior to a new tenant occupying the property.  The fact this was not stated as a given obligation and agreement, seemed like it needed clarification.  Hopefully by making it a part of the language in the management agreement, we can eliminate any confusion on this point. 

Under the General Responsibility and Authority Section, the new clause simply says:

OWNER agrees to pay or reimburse MANAGER for a complete re-key of the Property upon move out of a tenant. 

We have also added language to the lease addressing the fact that tenants are not permitted, without approval, to re-key a property.  Basically documenting what has always been our policies, but a good idea to make it clear in writing.