Myth: Assessed value should equate to market value.
Reality: While most states support the concept that assessed value approximate estimated market value, this often is not the case. Examples include when interior remodeling has occurred and the assessor is unaware of the improvements, or when properties in the vicinity have not been reassessed for an extended period.

Myth: The appraised value of a property will vary, depending upon whether the appraisal is conducted for the buyer or the seller.
Reality: The appraiser has no vested interest in the outcome of the appraisal and should render services with independence, objectivity and impartiality - no matter for whom the appraisal is conducted.

Myth: Market value should approximate replacement cost.
Reality: Market value is based on what a willing buyer likely would pay a willing seller for a particular property, with neither being under pressure to buy or sell. Replacement cost is the dollar amount required to reconstruct a property in-kind.

Myth: Appraisers use a formula, such as a specific price per square foot, to figure out the value of a home.
Reality: Appraisers make a detailed analysis of all factors pertaining to the value of a home including its location, condition, size, proximity to facilities and recent sale prices of comparable properties.

Myth: In a robust economy - when the sales prices of homes in a given area are reported to be rising by a particular percentage - the value of individual properties in the area can be expected to appreciate by that same percentage.
Reality: Value appreciation of a specific property must be determined on an individualized basis, factoring in data on comparable properties and other relevant considerations. This is true in good times as well as bad.

Myth: You generally can tell what a property is worth simply by looking at the outside.
Reality: Property value is determined by a number of factors, including location, condition, improvements, amenities, and market trends.

Myth: Because consumers pay for appraisals when applying for loans to purchase or refinance real estate, they own their appraisal.
Reality: The appraisal is, in fact, legally owned by the lender - unless the lender "releases its interest" in the document. However, consumers must be given a copy of the appraisal report, upon written request, under the Equal Credit Opportunity Act.

Myth: Consumers need not be concerned with what is in the appraisal document so long as it satisfies the needs of their lending institution.
Reality: Only if consumers read a copy of their appraisal can they double-check its accuracy and question the result. Also, it makes a valuable record for future reference, containing useful and often-revealing information - including the legal and physical description of the property, square footage measurements, list of comparable properties in the neighborhood, neighborhood description and a narrative of current real-estate activity and/or market trends in the vicinity.

Myth: Appraisers are hired only to estimate real estate property values in property sales involving mortgage-lending transactions.
Reality: Depending upon their qualifications and designations, appraisers can and do provide a variety of services, including advice for estate planning, dispute resolution, zoning and tax assessment review and cost/benefit analysis.

Myth: An Appraisal is the same as a home inspection.
Reality: An Appraisal does not serve the same purpose as an inspection. The Appraiser forms an opinion of value in the Appraisal process and resulting report. A home inspector determines the condition of the home and its major components and reports these findings.

J. Myers & Associates Inc. 5098 28th Avenue South West Naples, FL 34116 Phone: 239-793-3430 Fax: 239-793-3430 E-mail: JasonMyers@embarqmail.com E-mail: JasonMyers@embarqmail.com

Winter brings many different holidays and celebrations. During these various festivities we host dinners or gatherings and may have many house guests. And so up go the decorations! Decorating your home can be fun. However, many times we are putting up items we may not be familiar with and have lost their various 'How to' booklets years ago. We are cramming our space with such fun, festive items that we may not think much about how to display these items safely. If you have children, pets, house guests, or crazy, exuberant relatives around the house this winter holiday season, you may want to consider some general safety tips. Even if you aren't hosting an event but will be using winter items, such as a fireplace, this article will have a few helpful tips for you. We know you are busy, and the last thing anyone wants to do when planning a party is to think about all the details! Thus, here is simple, quick safety checklist for your winter fun!

Below is our checklist of things to watch for during winter activities and holidays. The winter season is a time that safety should be considered. Just look at these facts and figures from the National Fire Protection Association: In 2002, there were 240 Christmas tree fires in U.S. homes, resulting in $11.4 million in direct property damage. During 2001, an estimated 18,000 home fires started by candles were reported to public fire departments. Fourteen percent of the candle fires occurred in December. This is almost twice the 8% monthly average. During 1999-2001, candles caused an estimated annual average of 16,300 home structure fires. These fires resulted in 140 civilian injuries and $289 million in direct property damage. In 11% of the December candle fires, the fires began when a decoration caught fire. This was true in only 3% of the fires during the rest of the year (Source: NFPA's One-Stop Data Shop). Please take a moment to review some safety tips. Then enjoy a safe holiday and winter!

SNOW!

• If you must be outside, wear plenty of layers of clothing. Don't over-exert yourself. Make sure you wear a hat, because the largest amount of body heat is lost through the top of the head.
• Sunscreen: the sun's rays can still cause sunburn in the winter, especially when they reflect off snow!
• If weather warnings suggest a severe wind chill or extremely low temperatures, consider avoiding outdoor activities until the weather improves.
• Ensure that each member of your household has a warm coat, gloves or mittens, hat, and water-resistant boots.
• The rule of thumb for older babies and young children is to dress them in one more layer of clothing than an adult would wear in the same conditions.
• Be aware of symptoms and treatment for hypothermia, snow blindness and frostbite.
  Hypothermia: Complaints about being cold and irritability. Uncontrollable shivering. Impaired or slurred speech or vision. Clumsy movements. Blurred vision. Severe symptoms can include stiff muscles, dark and puffy skin, irregular heart and breathing rates and unconsciousness.
  Snow Blindness: Eyes become sensitive to light. Pain in eyes or forehead. Gritty feeling in the eyes. Frostbite: Superficial frostbite that looks like gray or yellowish patches on the skin, especially, fingers, toes, face, ears but can occur on any exposed skin. The first symptoms are usually numbness or itching and prickly pain. The skin remains soft but becomes red and flaky after it thaws. Deep or Severe Frostbite looks like waxy and pale skin and feels cold, hard and solid to the touch. The areas turn blue or purple when thawing and large blisters may appear when the area warms up.
• Shoveling Snow: If you have a history of heart trouble, check with your doctor before grabbing that snow shovel and clearing the driveway or sidewalk. Don't shovel snow just after you eat. Don't smoke while shoveling. Pace yourself. Snow shoveling is a strenuous exercise that raises both your pulse and blood pressure. Treat shoveling like an athletic event: warm up before you start, and stretch during and after shoveling. Concentrate on using your legs instead of your back. Bend your legs and keep your back straight. Take breaks. And don't work until you are exhausted. If your chest feels tight, stop immediately.
• Teach children never to touch metal during cold temperatures.
• Children should never play on snow piles near parking lots or on the road side. Make sure children never go near snow plows or areas being plowed.
• Sledding: Keep sledders away from motor vehicles. Children should be supervised. Keep young children separated from older children. Sledding feet first or sitting up, instead of lying down head-first, may prevent head injuries. Use steerable sleds, not snow disks or inner tubes. Sleds should be structurally sound and free of sharp edges and splinters, and the steering mechanism should be well lubricated. Sled slopes should be free of obstructions like fire hydrants or fences, be covered in snow not ice, not be too steep (slope of less than 30º), and end with a flat runoff. Avoid sledding in overcrowded areas.
• Skiing/Snowboarding: Never ski or snowboard alone. Young children should always be supervised by an adult. Older children's need for adult supervision depends on their maturity and skill. If they are not with an adult, than they should at least be accompanied with a friend. Consider wearing a helmet. Equipment should fit. Skiers should wear safety bindings that are adjusted at least every year. Snowboarders should wear gloves with built-in wrist guards. Slopes should fit the ability and experience of the skier or snowboarder. Avoid overcrowded slopes.
• A winter storm WATCH means a winter storm is possible in your area. A winter storm WARNING means a winter storm is headed for your area. A blizzard WARNING means strong winds, blinding wind-driven snow, and dangerous wind chill are expected. Seek shelter immediately!

Travel

• When leaving for a long time: Make certain to get your mail held by the post office. Also get your paper stopped. Have a neighbor or family stop by and check your house once a day. Set timers on lights, indoor and outdoors. Make sure your outdoor sensor lights are in working order.
• If you have a security system make sure it is fully armed. Let anyone checking on your house know how to unarm and reset it if they will be entering your home. Check all windows to make certain they are locked. If traveling out of state, make certain to review weather reports and construction reports before starting your trip.
• Keep windows up and doors locked at all times.
• Keep a half a tank of fuel; this will prepare you in case you run into long holiday traffic or weather delays.
• Put together a winter-driving kit, including a pair of gloves, a warm hat, and a blanket.
• If a blizzard traps you in your car: Pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don't overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering--anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction. (Tips provided by FEMA)

Guests

• If visiting another home, keep in mind they may not have children and therefore may not have everything out of reach that should be. Always keep a close eye on children when visiting someone else's home. Even if it is a familiar home, their holiday decorations may have changed the landscape enough that it will be a whole new environment with potential hazards for children.
• If leaving children with a babysitter make sure they are prepared with all the needed numbers and contacts. Make sure sitters are aware of any holiday/special rules for the house; i.e. no running around the Christmas Tree.
• If guests will be smoking, provide them with large, deep ashtrays and check them frequently. Keep out of reach for children and pets.
• When attending a party, always designate a non-drinking driver.
• If you are the host of a holiday gathering, be sure there are non-alcoholic beverages available for guests who are driving. Stop serving alcohol well before the party is over. Bring out coffee, more alcohol-free drinks and more food.

Gifts

• Choose toys appropriate for age, ability and skill for children. Children under the age of 10 should only get electrical toys that use batteries rather than ones that plug into the wall.
• Read instructions for children's toys carefully before letting them run off and play.
• Government guidelines specify that toys for children under three years of age cannot have parts less than 1 1/4 inches in diameter and 2 1/4 inches long.
• Remove strings and ribbons from toys before given to young children.
• fter gifts are opened make sure wrapping paper is cleaned up as some bags may prove to be suffocating/chocking hazards.
• Make sure wrapping paper doesn't get too close to the fireplace.

Food Safety

• Thoroughly cook all meat products.
• Thaw meat in the refrigerator - not on the counter.
• Thoroughly wash all raw vegetables and fruits.
• Keep raw and cooked foods separate. Make sure to use different utensils when preparing them.
• Wash your hands frequently. If working with "little chefs" making holiday treats, make sure they wash their hands often as well.
• Unattended cooking is the leading cause of home fires in the U.S. When cooking for holiday visitors, remember to keep an eye on kitchen projects.
  If you are faced with a grease fire, remember, put a lid on it, and turn the heat source off!
• Foods that require refrigeration should never be left out more than two hours.
• Do not add new food to a serving dish that h0as been sitting at room temperature for more than two hours.
• Dry foods such as nuts, crackers, baked goods, breads, hard cheeses and candy don't support bacterial growth. Fruits, pickles, jams and jellies are too acidic for most bacteria.
• Clean up early after a party. Plates left out and around may have bad food that can make children sick or can become a chocking hazard.
• If you choose to make eggnog with whole eggs, heat the egg-milk mixture to at least 160°F. Refrigerate at once, dividing large amounts into shallow containers so that it cools quickly.
• Use ciders labeled as pasteurized, or bring unpasteurized cider to a boil before serving. This is especially important when serving cider to people with weakened immune systems.
• Use leftover turkey meat, bones, stuffing, gravy and other cooked dishes within two to three days.

Fireplace Safety

• Fireplaces should be cleaned annually, preferably by a professional chimney sweep.
• Keep fireplace screens/doors closed when fire is lit.
• Make sure to open the flue before lighting a fire :)
• Make sure no decorations are near the fireplace before lilting.
• Use only wood that is properly seasoned to reduce creosote build-up.
• Wrapping paper burns fast and intense. Do NOT use wrapping paper in the fireplace.
• Keep any fire starts out of the reach of children. These are often very dangerous if ingested.
• When burning artificial logs, burn only one at a time. They produce too much concentrated heat for some types of fireplaces.
• Don't use water to extinguish a fire. It can crack the bricks in your hearth. Let the fire burn itself out.
• If using portable/space heaters, keep them at least three feet from anything that can burn.

Decorations

• Decorations 

• Avoid sharp decorations where small children and pets may reach them.
• Do not get decorations that look like food or candy when small children are present.
• Get down on your hands and knees and examine your decorations before your pets do.
• If there is just too much mischief for them to get into make certain you can make the room off-limits. If using spun glass (angel hair) make sure to follow directions fully. Make certain it is out of the reach of children and pets.
• Keep holiday plants such as mistletoe, holly berries, and Christmas cactus away from children and pets. Poinsettias can make pets very sick.
• These materials should never be used for holiday decorations because they are inherently combustible: bamboo, cedar trees/branches, corn stalks/shucks, cotton or confetti (loose, in large quantities), dry moss/leaves, flammable powders/liquids, hay/straw (loose or baled), paper streamers (serpentine), plastic sheeting/pellets, sawdust, tumbleweeds, and wood bark/shavings.

• Candles

• Do not use candles on Christmas trees or evergreen trimmings.
• Use non-flamable holders and make sure they are placed where they cannot be knocked over easily.
• Do not keep candles lit in rooms that is not occupied/supervised.
• Check your candles as they burn. Some will burn unevenly and may finish sooner than you expected or break open drip streams of hot wax.
• Do not leave children unattended around candles and matches/lighters.

• Lights

• Turn off all lights before going to bed or leaving the home. It is an even better idea to turn lights off when they are in a room that is unattended.
• Whether new or old, always check your lights before hanging them anywhere. Check that bulbs are all working well and not cracked. Also looked for any damage to wires or socket connections.
• urn off lights before replacing bulbs or fuses.
• Do not put indoor lights under carpets or behind curtains. Make sure they are away from foot traffic and are not stepped on.
• Keep cords and lights away from small children and pets.
• Make sure to only use lights certified for outdoor use outside! If using lights from last year, make a habit of storing outdoor items together so if the labels are lost you still know which is which.
• String lights through hooks or insulated staples. Do not use nails and tacks.
• Outdoor lights should be plugged into circuits with ground fault circuit interrupters (GFI) to avoid shocks.
• Where lights are connected together outdoors, keep the connections dry by wrapping them with friction tape or plastic.
• Do not overload electrical outlets. Look for manufacturer's recommendation. General rule is no more than 3 strings of lights for each extension cord.
• Do NOT use electric lights on a metallic tree.
• When removing lights, never tug! Remove them as gently as they were strung up!

• Trees & Evergreen Trimmings

• If purchasing a live Christmas Tree, check to see that the tree is fresh. The tree should be green, the needles should not break off easily, you should have to pull the needles to remove them. When you tap the tree against the ground it shouldn't be shedding needles. Also, there will be resin visible on a fresh tree bottom.
• When you bring your tree home cut the bottom so that fresh wood is exposed. This will allow for better water absorption and keep the tree from drying too quickly. Also make certain to keep the tree stand basin filled with water; something that can be easy to forgot since it is not part of your normal routine!
• Choose a sturdy tree stand designed not to tip over.
• If purchasing an artificial tree look for one labeled "Fire Resistant." Note the resistant, artificial does not mean fire proof! Place your tree away from heat sources such as fireplace or space heaters.
• Don't place your tree in high traffic space. You don't want someone to trip and topple over the tree!
• Trim your tree with non-flamable decorations, such as tinsel or plastic ornaments. However, watch tinsel as cats like it, but it is not at all good for them! Be very careful if your pets have access to the tree that decorations are not tempting to them.
• Keep green trimmings away from heat sources. They are great for railings or doorways, but not good for table center pieces if there are candles there as well!
• Tree and trimmings should be removed as soon as able once the holiday season is over. You don't want a pile of dry evergreen sitting in a corner waiting to ignite!

Perhaps you inherited property or purchased property as a new investment and now you are contemplating becoming a landlord. If you decide to rent an extra piece of property, you should know some ground rules. In this months article, 'How to be a Good Landlord,' we will discuss some of the basics that every landlord should know. We will discuss what it takes to be a landlord, what makes a good rental property, what are your responsibilities as a landlord, how to advertise your property, how to avoid legal pitfalls and how to evict a tenant if the relationship deteriorates. Overall, this is a short list, hopefully it will help you start with a little more direction and know-how.

Do you have what it takes to be a landlord?

The decision to become a landlord should not be taken lightly. Contrary to popular belief, this is not the type of job where you just sit back and watch the cash flow in. Regardless of the challenges, more than half of landlords are self-employed. Doing it yourself will mean you take on the responsibilities of a small business owner. You need to have great communication skills. You will be working with all types of people; sometimes even the difficult ones. Being an effective communicator in person and in writing is vital. You are an accountant. This includes everything from rent payments and deposits to repair and maintenance costs. You are a manager. You may have staff to train and watch over. Their professional behavior reflects upon you and your property. If they are inconsistent with your policies they can damage your business or even get you into legal trouble. You may also need to contract repair or maintenance jobs you cannot complete on your own. You will need to project manage these items through to completion. You are a marketing director. Getting your place advertised and your units filled is an ongoing challenge. Advertising also includes many legal regulations that you should know (more on this below). Your knowledge of this business should also include legal knowledge. Consulting a lawyer is recommended for anyone starting as a landlord, especially since every state has specialized landlord/tenant laws. But in addition to this, you will be responsible in making sure any staff or contractors you use also know the laws when working with tenants. You should be dedicated and patient. Being a landlord is a tough road to start. You should be prepared for hard work with a slow, trickle-in type of income, especially at the beginning. On average, a landlord should only expect about a 10% profit annually. The rest of the monies will be recycled into items such as mortgage payments, taxes, repairs, management costs, insurance, advertising and a rainy day fund (to name a few). There are tax breaks available to landlords, however, these are not enough to turn your profit margins sky-high. These qualities listed above will help you become a great landlord.

Perhaps there is a trait above that gives you pause. "I really don't want to manage all the accounting." or "I don't want to live onsite or nearby." All is not lost. You can hire a property manager. Doing so will cost you about 10%/month of any monies the property takes in. However, it can be a wonderful way to manage your business. When looking for a project manager, treat it like any other contracted service. Perform rigorous interviews, check references and make sure you have the same ideas about responsibilities of each party. Find out if they are insured, if they already have working contracts with maintenance and repair companies, and if they charge any extra fees for these contacts. Once you decide on a property manager, be certain to create a detailed contract covering all responsibilities. As with any of your other endeavors with your rental property, keep all your records and agreements in writing! Other professionals you may use to help manage your property include accountants, maintenance specialists, marketing directors and lawyers. Of course all of these will eat into your profit, but be honest with yourself and utilize these people when you need them. You can save yourself headaches down the road if you strengthen any weaknesses at the beginning.

What makes a good rental property?

When purchasing a rental property, there are some important questions to ask:

Do you have a enough for a down payment? Because rental property is viewed by lenders as a higher risk, you may be asked to put as much as 25-40% down on the property. Lenders calculate about 75% of your mortgage payment will come from renters. This leaves you with 25% to make up and even more if you cannot rent all the units. They may give you the option for a lower down payment at a higher interest rate. However, the higher interest rate may defeat any benefits.

Could you live on the property? If you use one of the units as your own residence this will help lower the risk factor for lenders. Lenders can offer a lower down payment and you can learn the ropes of being a landlord without being far from your investment.

Can you get the rent you need for the mortgage? Take a look at the neighborhood and compare the rental costs. Your rental rate needed to cover mortgage should not be too far above the market or you will lose your ability to rent units. - If you inherited or already own the property, you should consider if you can meet current mortgage payments. It may be more beneficial to sell the owned/inherited property and reinvest in another neighborhood.

Is the building up to code? Make sure to hire a home/building inspector before purchasing the property. Make sure the inspector is aware that you hope to rent the place as this may change some safety and code requirements. Take time to make yourself familiar with codes for your locality. This will help you ask better questions and understand any improvements you may need to make.

Is the property maintained? At first you may think it won't be a problem to repaint, re-roof, update the wiring and plumbing, etc. until your list becomes too long for the investment to be worthwhile. Again, hire a home inspector and make certain you know what needs repair and the estimated cost of repairs before you buy.

Is the property secure? Review reports on neighborhood safety. Check for ample lighting, especially at entrances and in parking areas. Make sure windows and doors are solid. Consider the cost to change all the locks and add window locks. Think about the security of your tenants in the property.

What are the responsibilities of a landlord?

Let's assume you are going to take on most of the business yourself and have found a wonderful property to rent. Now, what are some of the responsibilities you have as a landlord?

Tenant Screening: Your first interaction with possible tenants will be the background check that includes a financial review and calling references. Overall, you must perform background checks fairly. You should not do the check on one person and not on the other as this favoritism, or "trusting your gut feeling," is a disservice to all involved. You owe it to yourself, possible tenants and current tenants to perform fair background checks. For yourself, you can avoid headaches with tenants that don't pay the rent or have caused problems, such as costly repairs, in the past. For possible tenants, you may be providing that reality check - can they really afford your rental? For your current tenants, consistent background checks let them know you are looking after your investment giving them a sense of security. On average, working with an agency, this will cost you about $20 per check; an investment well worth the cost.

Clear, Consistent Communication: To avoid any misunderstandings, make sure all your interactions with tenants are clear.

• HAVE A CONTRACT! Make sure you supply the tenant with a copy of the contract so they may reference it if any questions arise. Review the contract with a renewing tenant and discuss any questions they may have over the language or meaning.
• Collect rent on a schedule. Keeping consistency with your tenants is imperative. If you are too lax one month, you may have a hard time collecting rent the next month. Or, if you are lax with one renter and not another you can create tension or even a legal issue.
• Always provide written notice before entering a tenants space. This varies from state to state. However, for good business practice and common curtsey, let the tenant know when you need to enter the property they call home.
• Use signs, flyers or other WRITTEN communication to inform tenants of policies and policy changes. Provide all tenants with copies and/or make clear postings around the complex.
• Serve notices and warnings in writing. Verbal notices will not protect you if a situation deteriorates. Make certain to give your notices in writing and make yourself available for questions or discussion. Serving a notice and then disappearing from sight does not offer clear communication and can aggravate a situation!

Provide a Safe and Maintained Environment: Every landlord should offer tenants a living space that is up to code, safe for habitation and in working order. Even if you decide to contract out maintenance services, you should provide your tenants with repairs in a reasonable amount of time. Make good relationships with contractors that understand the nature of the work and are willing to come out after normal working hours. Save money for a rainy day so you can pay for emergency repairs when they arise. Maintaining the property will encourage tenants to take pride in their home and maintain their surroundings. Also, strive to make your tenants safe. You cannot control all conditions. However, changing locks, providing ample lighting for parking and having emergency procedures written and distributed are a few of the ways you can keep your tenants safe.

How do you advertise a rental property?

Advertising a rental property is important for getting units filled. Today you can use everything from word of mouth to online sites to advertise your property. In larger cities, you may even use "finding agencies" or real estate agents/brokers to advertise. When advertising your property, keep a clear list of amenities and useful services in the neighborhood. When composing your advertisement you must watch your wording as you cannot exclude any demographic. There are many federal laws/protections that regulate how you advertise your rental. The fair housing laws make it illegal "To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." (Source: U.S. Code Collection - Cornell University Law School). In addition to this clause, many states and cities may also prohibit discrimination based on marital status and sexual orientation. Most landlords have good intentions to rent to all qualified tenants. However, there are certain ways of wording advertisements which may be perceived as discriminatory. For this reason, you should carefully choose your wording when advertising your rental property. Avoid words and phrases such as: prefer, suitable for, ideal for, ethnic neighborhood [or other cultural identifiers]. For a good list, take a look at the Pennsylvanian Human Relations Commission's Reading Between the Lines: A guide for housing and commercial property advertisements as they include a list of terms to avoid. Another resource for examples is the Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act by the US Department of Housing and Urban Development. Keep in mind this good rule of thumb: always describe property, never describe people.

What are some legal pitfalls to avoid?

There are a lot of legal concerns when renting out property. As we have seen, the law influences advertisements of rentals. In addition to this, you create a contract agreement with your tenants every time you rent. Therefore, it is important to have sound legal advice as a landlord. Establish a relationship with a lawyer who you may hire for any contract questions or possible representation. No one ever wants anything to get as far as a lawsuit. So here are some ways to avoid legal pitfalls in the first place:

• Always perform background checks with every possible tenant.
• Call tenant references.
• Treat every tenant the same in process; never cut a corner for one tenant because of a "gut feeling" or personal relationship.
• Keep all notices in writing. 
• Keep all due dates consistent from month to month and from tenant to tenant. 
• Always perform background checks on any staff.
• Make certain all staff are trained. They should know what they can and cannot do for tenants. If they are handling rental paperwork or advertising, they should know fair housing laws.
• If you contract out maintenance work, make certain they treat your tenants professionally. Although they don't work for you full time, they do represent you since you hired them.
• Keep housing up to code and safe for living.
• Investigate any complaints against your staff immediately.
• If a situation arises, consult a lawyer. Know how to legally proceed before taking any action.

How do you evict a tenant?

Evicting a tenant is one thing all landlords would rather avoid. However, sometimes circumstances deteriorate and eviction is the only feasible solution. If you have tried open communication but cannot get the tenant to pay rent or obey rules of the property it may be time to start the eviction process. The rules behind evicting a tenant vary from state to state. It is therefore imperative you discuss your options with a lawyer. Indeed, for the best security, you may want to do the whole eviction process through your lawyer. Regardless of the ups and downs involved with evicting a tenant, make certain to always maintain a professional decorum. Do not allow personal emotions to collide as this can only lead to further legal issues. Keep all of you requests in writing. The first step to any eviction is to send a written notice for them to pay back rent, fix problem behavior or move out. For example, in some states you may send a Demand for Rent or Notice to Quit form to a tenant who is behind rent payments. Or you may send a Notice to Cure Breach of Lease to inform the tenant that they must fix behavior that is contrary to your rental agreement. A Notice Regarding Termination of Lease may be used in some states when there is no chance for reconciliation. For example, the tenant is involved in illegal activity on the premises such as drug trafficking. If problems have not be rectified after notices have been given, then a suit is filed against the tenant. Upon winning this, it is law enforcement personnel who deliver written notice when the tenant may remove their items from the premises. You should never remove a tenant's items yourself. Using the police will ensure that you cannot be accused of taking or damaging any of the tenant's property. Essentially, make certain to obtain legal advice, serve warning notices required by your state, keep all notices and communication in writing and use local law enforcement to help keep you protected from any accusations of unfairness.

None of the above is a substitute for legal advice. An attorney should be consulted.

FREE Rental Agreement Forms

In cooperation with our partners at Lawchek® and Lawsonline™, Homecheck is pleased to provide a sample Rental Agreement Forms for FREE. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted.

• Blank Rental Agreement Form Example Rental Agreement Form
• Blank Apartment Lease
• Blank Notice to Quit "

This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2008 by LAWCHEK, LTD."

Resourceful Links

Fair Housing by CivilRights.org
www.fairhousinglaw.org 
The Fair Housing National Multimedia Campaign is designed to increase public awareness of the Fair Housing Act and its protections, encourage the reporting of fair housing discrimination to the appropriate agencies, and provide information and resources to help communities and institutions support individuals and families who exercise their fair housing rights.

Landlord.com
www.landlord.com
In early 1998 the decision was made to spin Landlord.com off as a separate entity, dedicated to providing services to landlords and other real estate professionals on-line.

National Fair Housing Advocate Online
www.fairhousing.com
The National Fair Housing Advocate Online is a resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination. Find local organizations to help with any Fair Housing questions: http://www.fairhousing.com/index.cfm?method=agency.search

National Fair Housing Alliance
The National Fair Housing Alliance (NFHA) is the only national organization dedicated solely to ending discrimination in housing.

US Department of Housing - Home & Communities
www.hud.gov/offices/fheo/
The Office of Fair Housing and Equal Opportunity (FHEO) administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice. We can help you with your housing discrimination problem. If you feel your rights have been violated, let us know.

US Department of Justice - Fair Housing Act
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: race or color, religion, sex, national origin, familial status, or disability.

Q. We are looking at new homes in South Carolina, and we noticed that some are built on a slab, and others have crawl spaces. Is one better than the other?

A. Traditionally, houses in South Carolina have been built on raised foundation walls to keep the structure away from the ground, but with the advent of newer technologies, more and more builders are choosing to build homes with concrete slab foundations. Briefly, a house with a crawl space has a wooden floor built on foundation walls and piers that can be anywhere from about two to six feet off the ground depending on the slope of the lot. In this type of house, the utilities such as plumbing, electrical and HVAC can be run under the floor, and are accessible for repair or renovation. The crawl space has fresh air ventilation, but is closed to insects and animals. This type of construction requires stairs for access. A slab-built house, or patio home, is built directly on a reinforced concrete slab foundation. This slab rests directly on the ground, and the utilities are run under the slab and brought up into the structure wherever needed. The heating and air ducts are routed through the attic in most cases. This type of construction requires no stairs for access. With a house built up off the ground, modest amounts of water entering the crawl space during rainstorms is not usually a problem, because it runs right through or evaporates through the fresh air vents. With a slab house, there is very little tolerance for water draining against the structure, because it will find its way into the house. If you are considering buying a patio home, pay careful attention to the lot drainage. The choice between the two types of construction is largely a matter of personal preference unless someone in your family has difficulty climbing stairs in which case, a slab-built home would be your best choice. Regardless of which type of house you choose to purchase, it would be wise to get a thorough home inspection from the most competent inspector in the area.

Q. We recently bought an older home which has undergone some renovation. The sellers installed three-pronged outlets throughout the house and GFCI circuits in the kitchen, bathrooms and on the exterior. Our home inspector said that the house wiring is the original two wire non-grounded system, and that even though we have three-prong plugs they are not grounded. He also said that the GFCI receptacles would not function correctly, because there is no ground wire. Do you agree with his assessment?

A. Your home inspector is correct in telling you that your outlets will not be grounded. A third or ground wire is necessary for proper grounding of receptacles and fixtures. Having a two-wire system is not a problem in and of itself unless you are using electrical equipment specifically designed to be grounded. The three-prong plugs are more of a convenience since nearly all electrical devices now come with a grounded plug. Regarding the GFCI (Ground Fault Interrupter Circuit) outlets, they need not be grounded in order to work properly. Simply put, the GFCI is a safety device that protects people from electric shocks by sensing current moving in a way that it should not, and instantly shutting down the circuit. On a grounded circuit, it does this by sending the current to ground. On an ungrounded (two-wire) circuit, it does the same thing by sending the current back to ground through the neutral wire. A properly wired GFCI will work just fine on a two-wire circuit. The GFCI outlets have test and reset buttons on their face. To test for proper operation, simply push the test button. If you hear a snap, the circuit has tripped, and you can test it by plugging in a lamp or radio. To turn the power back on, simply push the reset button. If you are still not sure, call a qualified electrician and have him check all your GFCI receptacles.

The phrase "buyer's market" is used a lot in the news today. Frankly, it is one. The interest rates are encouraging, although not the lowest for 30 year loans, they are still low and make it a good time to buy. Also, there is quite a choice for buyers to choose from on the market. This only increases as we get into spring and summer. So how do you get your home for sale to stand out from the crowd? Set a realistic sale price. First, know the appraisal value of your home. If you don't, hire an appraiser. You need to know what the bank thinks your home is worth. Setting your price too high can break a sale at closing. Next, take a good look at the market around you. Compare yourself with like homes; homes that are the same age, similar square footage, comparable yards, and in similar neighborhoods. Then see which of these homes have been selling and which have been sitting. Consider how long you want to be on the market. Depending on your location, even a well priced home may take 60-90 days or longer in a buyer's market. Make sure to concentrate on here and now, do not get stuck looking at what your home might have sold for last summer or fall. Facing the reality of how much your home is worth on the current market will help you avoid reducing your price or offering incentives you would rather avoid. Know your competition. As stated above, make sure to compare yourself to like homes. Also, check to see what, if any, incentives comparable homes are offering. Tour some of the homes. Get an idea of what updates have been done. Take a look at how comparable homes are being staged or what they are lacking in their staging. Sometimes using a critical eye on homes you are not attached to can help you discover what potential buyers may be seeing in your home. Get an experienced realtor. Find a realtor who has been selling homes for a while. Especially with the recent fall in home sales for most of the nation, you want to make sure you get a realtor who will avoid knee jerk reactions to a market they haven't experienced before. A realtor who is familiar with your neighborhood and knows what buyers are looking for can help you prepare the house for sale. Stage your home for showing. Set your home up as a model home. Go to an open house at a new development or home and garden show in your area. Notice how there are tasteful decorations that offer the aesthetics without the personality? Take down family pictures, collectables, anything that tells about your personality. You are moving anyway, so get these items boxed up now. You want buyers to walk through your home seeing the home as one they can picture themselves in. You don't want the buyers to walk away thinking, "Wow, they really like Elvis!" Ramp up the curb appeal. Make sure to keep the yard and front walkway pristine. This is the first impression before a potential buyer walks in or even picks up that flyer. Your backyard should be cleaned up as well. Sometimes people forget that the outside of the home can say a lot about the owner. If you have a neglected yard, buyers may wonder if you are neglecting other problems inside your home as well. Fix or update problem areas now. The last thing you want is to get an offer and then have something come up in a home inspection that can break the deal! If you aren't sure, it is not uncommon for buyers to have their home inspected before placing it on the market. Unless you are pricing your home below value as a fixer-upper, then you need to get any repairs done before going to market. Be realistic, although a new kitchen may add to your home, most likely the cost of remodeling will not be recuperated in your selling price. Instead concentrate on items that either have to be done or you can do easily and at little cost to yourself. Offer incentives for buyers. Incentives can vary in scope. Perhaps the carpets are old but you don't want to get them replaced; you can offer a carpeting/flooring allowance. Perhaps you want to drive the buyers to close by offering to pay closing costs. You can pay for other buyer costs such as homeowners insurance, home appraisal or home inspection. In the case of a condo, you can offer to pay the first 6 or x months of homeowner dues. Another incentive that might help is being flexible on your move in date. Respond to offers and questions quickly. Don't let potential buyers sit wondering what happened to their offer. Get back to any offers or questions about the home as quickly as you can. This will include the help of your realtor as buyers will contact them first. Make sure your realtor is a good communicator and will respond quickly!