Tenant move-out letter plus 2 other free templates

Written by Laura Agadoni on . Posted in edited, For Landlords, Landlord Tips, Leases & Legal, Move-in/Move-out, paid, Rent & Expenses, Security Deposits, Step 12 - Move-Out

Your goal as a landlord is not only to have tenants but to keep tenants (the good ones anyway) as long as possible. But no matter how wonderful you are as a landlord, and how great your rental may be, there usually comes a time when your tenant needs to move.

When your tenant plans to move, you should make the move-out process as smooth as possible. This benefits you and your tenant—when your tenant knows what to expect, they’re more likely to meet your expectations. Here are some templates you can use when your tenants’ leases are about to end.

The lease renewal letter

If you want your tenant to sign a new lease, contact them about two months before the current lease is due to end. The purpose of the lease renewal letter is to find out what their intentions are and to explain what they need to do if they wish to continue to live in your rental.

Tip: This is the time to raise the rent if you intend to.

Related: How to raise the rent in 4 easy steps [free template]

Related: Should I increase rental rates every year?

Note: If you do nothing after the lease ends, and your tenant stays, your tenant becomes a month-to-month tenant.

Lease renewal letter template

Note: You don’t have to increase the rent. If you don’t want to, change that section to reflect the rent will remain the same.

2. The move-out letter

If your tenant decides not to renew and wishes to move, send them a move-out letter about a month before the lease ends. The purpose is to give instructions on what you expect of your tenant.

Move-out letter template

Note: This letter contains language about lease requirements. Make sure yours does as well before you include that.

3. Notice to pay rent or quit

If your current tenant missed a rent payment (or two), you probably shouldn’t invite them to renew the lease. In fact, you should send them a letter asking them to pay the rent ASAP or leave.

Notice to pay rent or quit template

Once you rent your property, you will hopefully have wonderful tenants who stay a long time. But since that isn’t always the case, you can still make things easier for everyone involved if you are proactive with your tenants by letting them know what the expectations are during move-out time.

Am I responsible for the damage my guests or pets cause?

Written by Kathy Adams on . Posted in edited, For Renters, guests, Laws & Regulations, Leases & Legal, paid, property damage, renter's insurance, Step 10 - Repair & Maintain

You’ve invited a few guests over for a barbecue on the patio. Your pal Mr. Grillmaster, the self-proclaimed expert on charcoal grills, takes over lighting the grill and handling burger duty. A few squirts of lighter fluid later and the flames soar, which damages the exterior wall. So who’s responsible?

It’s your responsibility…

Even though you didn’t cause the damage, you will be held liable for it by either the landlord, their insurance company, or your rental-insurance company. You, as the tenant named on the lease, are responsible for damage caused by your household members, guests, and pets. Many rental agreements detail this information, so there’s no question about it.

…even if you weren’t home

It doesn’t matter how or when the damage happened—you’re still responsible. If you allow friends to stay in your place while you’re away and one of them causes a sink to overflow, damaging the floor or even an apartment beneath yours, you’re liable.

Your landlord expects you to pay for repairs to your unit and any other damaged property.

Dealing with renter’s insurance

If you have renter’s insurance, submit the landlord’s repair bill to the company, but don’t expect them to cover all damages. Renter’s insurance covers your own personal property, such as computers and clothing, but might not cover damage to your rental unit.

Renter’s insurance that includes liability coverage pays for damages to other people’s personal property, such as electronics in the unit beneath yours. As with other forms of insurance, the amount and type of coverage varies by policy. Read the fine print or call your agent to determine whether your policy covers damage to the building.

Related: A landlord’s guide to renters insurance

Shouldn’t my guest pay?

If your guest breaks a window, you can’t expect the landlord to send the bill to that guest. You’re legally responsible for the actions of the guest. You could ask the guest to pay the bill, but as far as the landlord is concerned, you’re the one ultimately responsible.

Burglary damage

If a burglar breaks in, you might not have to pay for damages to the unit. To help prove your case, file a police report right away and provide all pertinent information to the landlord. Read the lease terms to ensure you aren’t liable for such damages. Some contracts might shift such responsibilities to the tenants. Check local and state laws regarding this issue if your landlord refuses to pay for repairs.

Pet problems

Even if your landlord welcomes dogs, you could get stuck with a bill if the dog breaks a screen door, for example, when scared by lightning. Your renter’s insurance might cover pet-related damage, but keep in mind the cost of your deductible versus the cost of the repair bill. If you make an insurance claim, your premiums may also rise. It may be better in the long run to just pay for the repairs out of pocket.

Related: Landlord liability when a tenant’s dog bites someone

Ultimately, you’re responsible for everything that takes place in your home, just as if you owned the property. Keep that in mind before planning a wild party or adopting a large dog that might make a mess of the place in a hurry.

 

Do I have to pay rent if I lose my job?

Written by Laura Agadoni on . Posted in edited, For Renters, Leases & Legal, paid, Rent & Expenses

The short answer is YES! If you’re in financial trouble and can’t pay all your bills, make sure you pay rent. Otherwise, you can be evicted.

Many people think they can get away with letting the rent slide when finances are tough. This is especially true when renters are in a mom-and-pop type of landlord situation (as opposed to a huge management company).

Not paying rent is one of the worst financial decisions you can make.

Just because you have a mom-and-pop landlord doesn’t mean you’re actually dealing with your mom or dad. Maybe you could get away with not paying money owed to your parents, but you shouldn’t take that risk with your landlord. If you do, you could be out on the streets.

You could be evicted

Not only could you be evicted for not paying rent, an eviction goes on your personal record. When you try to rent another place, the new landlord or property manager will look at your background check and see that you’ve been evicted. And that will make it difficult for you to rent another place.

Prioritize your payments

It’s never good to skip paying a bill, but if you’re in financial trouble because of a job loss or other reason, prioritize which bills you should pay first.

Your top priorities are survival needs: food, medical, and shelter. Make sure you stay healthy and have a roof over your head. Pay for your basic needs first.

It’s better to skip your credit card payment than your rent.

Next in line: pay utilities, your car payment, and legal obligations such as child support and taxes.

After you’ve paid all the above, pay your unsecured debt, such as credit card debt.

Communication is key

When you know you won’t be able to pay all your bills, call your creditors and explain the situation. You might be able to work out a payment plan that you can afford. Some creditors might agree to take a lump sum payment—for less than what you owe—as a settlement. This lessens your bill and eliminates your monthly payments.

Talk with your landlord

Let your landlord know right away if you can’t pay rent. Don’t bury your head in the sand, hoping the situation go away. And don’t keep this information from your landlord, in the hopes they won’t notice—they will.

Besides, if you’re up front with your landlord right away, they might work with you on a solution. They might let you pay rent late one time, for example. Or they might discount your rent moving forward if you do some work in return.

Related: 5 things to do when a tenant stops paying rent

Note: Most landlords are more likely to work with you if you’ve always paid the rent on time, before you lost your job (or whatever financial difficulty has come up), and if you followed all other lease terms.

Keep in mind that your landlord doesn’t have to agree to any arrangement other than what’s in the lease. Your landlord has their own bills to pay.

But it’s a good idea to ask if you can work something out if you find yourself in financial difficulty. Whether you think your landlord will agree to a special arrangement or not, let your landlord know about major changes in your life that affect your ability to pay rent, rather than just skipping out on rent payments.

Note: In general, big management companies are less likely to be flexible with rent payments than independent landlords.

Figure out a game plan

Look at your income and expenses. Maybe not being able to pay rent will only be a one-time incident. But if it looks as though you won’t be able to afford your rent payment moving forward, discuss options with your landlord. They might let you out of your lease, for example, if you agree to leave quickly.

Every situation is different, so discuss your particular case with your landlord.

Discuss your personal situation with your landlord.

What to do if you’re in financial trouble

Here are some measures you can take to help you get back on your feet:

  • File for and collect unemployment if you lost your job.
  • Ask about a hardship program. Call the customer service department for your credit card or loan, and ask about a hardship program that can help you pay your bill. These programs can help in various ways, such as lowering your monthly payment. In many cases, if you enter into a hardship program with your credit card issuer, they won’t report you to the credit bureaus (if you complete the program).
  • Go to your city or county government website for assistance programs. You will often find grants offered by charities, churches, and the government to help with your bills and rent.
  • Get counseling on how to budget. You can find reputable counselors from your local government website.
  • Ask your family or friends for help.

The bottom line

It’s tough to lose your job and then have problems paying your bills. But rent is not an expense you can skip out on. Don’t risk losing your home. Many landlords, if they can financially afford to, will try to come up with a plan that both of you can live with.

How to avoid rental scams

Written by Laura Agadoni on . Posted in edited, For Renters, Leases & Legal, paid

What could be worse than paying a large sum of money to secure a rental property, packing all your stuff to move, getting excited about your new home…and then finding out that you really didn’t rent the place?

Now you’re out all that time, effort, and money—and you have nowhere to live.

Rental scams, unfortunately, happen more often than you might think. Because it’s easy for anyone to advertise an apartment or house they have for rent online, you might not know whether the poster is legitimate.

Scammers typically do one of two things, according to the Federal Trade Commission (FTC).

  1. They take the photos and description from a real ad, change the contact information to their own, and place the doctored ad on another website. You see the ad and call or email the scammer instead of the real owner or manager.
  2. They make up a listing that doesn’t really exist, or they list a property that isn’t for rent. You call about that nonexistent property.

The scam, in both scenarios, is designed get you to pay first month’s rent and security deposit. Once you do, the scammer is long gone, with your money. Here are some ways to avoid those kinds of rental scams.

Related: Skirting a scam

1. Don’t wire money

The goal of rental scams is to try to get you to give money before you see the rental in person. A scammer’s preferred method is usually to ask you to wire the money. Why? Because wiring money works the same as handing over cash. (Oh, and don’t give cash!) You can’t stop payment or reverse charges when you wire money.

Never wire money to strangers.

2. Do an internet search

Search the listing address. You should find the same name of the owner or manager on every site. If you find a random listing or two with a different name attached to it, you can probably assume the listing with the different name is not legit.

3. Be firm

Scammers can be persuasive. Their job, after all, is getting people to part with their money. So con artists involved in rental scams often use high-pressure tactics to get you to pay right away. They usually tell people that if they don’t act immediately, they will lose out on a great deal. It’s not always a scam to rent a place sight unseen, but the practice is risky. It’s best to see a property before paying any money.

4. Be suspicious of a low price

It’s always fun and rewarding to get a deal, so when you find what appears to be a great bargain on a rental property, you might be tempted to plop down your money fast before someone else takes it. Or at the very least, you might contact this ad just to see if it’s really true. Once you do, however, the scammer will try to get money or at least some personal information from you in an effort to steal your identity. Unfortunately, if the deal looks too good to be true, that’s a waning sign of a scam.

5. Be suspicious of no screening

You know who’s interested in looking at your rental application, background check, and credit history? Real landlords who want to make sure you can pay the rent. You know who isn’t? Scammers who just want to take some of your money upfront and run. If you aren’t required to fill out an application and don’t need to agree to a background and credit check, be leery.

The right way to find a rental

  • View the property.
  • Apply, if you like the property. (Note that you can apply for a property before you visit it in person. You might need to do this in a competitive rental market. But the application fee is the only money you should pay upfront.)
  • Meet the landlord or property manager.
  • Sign a lease.
  • Pay move-in fees, which are typically the first month’s rent and security deposit. Look up your state’s laws to find out whether your state has limits on move-in fees.
  • Meet with your landlord or manager and get the keys.

Bottom line

Although you can reduce the chances of being a scam victim, you can still be scammed. If you are, call the police. You can also report what happened to you to the FTC.

And please share your story or any tips you have to avoid scams in the comments.

When can you withhold rent?

Written by Sarah Block on . Posted in edited, For Landlords, For Renters, Leases & Legal, paid, Step 10 - Repair & Maintain

communicationWhen a tenant withholds rent, it’s the last resort in a situation where they feel out of control. In this case, tenants do the only thing they can control: withhold pay.

But this can be a very risky move for tenants: it can result in eviction. There are better alternatives for dealing with a landlord who is ignoring complaints and not making fixes.

Here are the steps tenants can take to deal with a landlord who isn’t doing their job.

1. Make a list

Walk through your unit and make a list of all needed repairs. Break this down into two lists: legally required repairs and other. Legally required repairs would be anything that affects the structural integrity or habitability of the home. For instance, a leaky roof or broken heater affects the habitability. While an off-track closet door—not so much. Send your list to your landlord by mail, email, or text.

Landlord’s perspective:  As a landlord, I require all tenants to conduct their own pre-move-in inspection with pictures. They share the inspection and pictures with me. Now, we both know and agree on the condition of the unit upon move-in, and I become aware of any issues that may have gone unnoticed before.

Related: Record a video of the move-in/move-out inspection

2. Notify the landlord of the repairs needed

Inform your landlord in writing of the needed repairs. If legal action is needed, the first written notice begins the process. In your notice, tell the landlord what repairs are needed and why.

If you have previously asked for the repairs to be done verbally, make sure to note in writing each time you have discussed those repairs. If the needed repairs are cause for concern and make the property uninhabitable, be sure to note this in the letter. Tenants have the right to live in a habitable, safe, and healthy space.

Landlord’s Perspective: Welcome this process. It is best to fix the repairs as quickly as possible (they are also tax deductible). By receiving a list of needed repairs, you can fix them before they become unmanageable. Consider speeding up this process by using Cozy’s maintenance request app.

3.  Review your tenant’s rights by state

Every state has different laws regarding tenants and landlords. Make sure to review your state’s law to legally deal with the situation. Here are two examples:

California: Tenants are legally entitled to housing that is safe, healthy, and structurally sound. Housing also needs to be in good repair. Tenants can legally withhold rent, make repairs themselves and deduct from their rent, call the building inspector, sue the landlord, or move out without notice.

Texas: Tenants only have the option of “repair and deduct.” However, before a tenant can use the “repair and deduct” method they need to review the local laws. Most repairs do not qualify.

Local tenant’s laws also provide information on how long to wait before you can move to the next step.

California: Landlords have 30 days to make the repair (unless it poses danger).

Texas: The tenant needs to wait seven days after the written request before moving to the next step.

Landlord’s perspective: Know landlord/tenant law in your city and state well. This helps you maintain a proper tenant/landlord relationship and ensures you’re running your business legally.

Related: 2 basic renter’s rights included in every lease

4. Review your lease

Your lease might provide you with the information you need. Determine what repairs your landlord is required to make and what they are not.

Tenants should be aware that in most states, withholding rent will result in their eviction. A landlord is not required to make all repairs. What they are required to do is provide a habitable home. If the repair needed makes the home uninhabitable, and the landlord is refusing to fix it, the best course of action is to sue.

Landlord’s perspective: Make sure your lease covers all situations and is legal, using your local landlord/tenant laws. While your lease is there to protect you, it is also there to protect your tenant.

In conclusion

Withholding rent is a last-ditch effort to regain control in a situation where you may feel powerless, where you are living in a home that is not up to par. However, withholding rent is illegal in most states and difficult to walk away from without an eviction and mark on your credit score.

The best course of action is to follow these steps and know your rights. The always-legal option, in lieu of withholding rent, is to sue your landlord for not following through on their obligation: providing a safe, healthy, and habitable house.