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Pet Friendly Home

Making your Home and Yard Perfect for your Pet!

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For many, bringing a pet home is the same as bringing home new family. Pets easily find their way in our hearts with their playful antics and friendly companionship. When you first bring a new pet into your home it is imperative that you are willing to make some adjustments to your living space. This article is aimed at giving hints for all who have pets or will have pets in their home. Preparing your home and yard for your new pet is important to their well being and your ease of mind. The focus will be discussing animals that are out most of the time, like cats and dogs, that are more likely to get into some mischievous fun. However, many of these tips and hints will work for most of the four legged friends we bring into our home. Most of the tips will seem like common sense, however, when the new pet is roaming around it may slip our mind to check for common place hazards. Many times we take for granted that things are safe or wouldn't interest animals. However the puppy running down the hall with a roll of toilet paper would beg to differ!

So let's get your home and yard ready so it is safe for your pets (and also not a free going playground waiting for destruction and mayhem)!

Part I: Preparing Your Home

When bringing a new pet to the home the last thing anyone wants to think about is cleaning and proofing their home. However, taking a little time to do so will prevent headaches and possible heartaches. It will keep your pet, prized possessions and your sanity intact. This is true whether you are bringing home a new pet or adjusting an older one to a new home. Or, perhaps, you find your self in the unfortunate situation of losing possessions to a pet who has never had boundaries set up in your home. Whatever your reason, these tips will help proof your home for the new, old and mischievous pets in your life.

Think Below the Knees 
Get down on all fours and look around at the same level as your pet. There is a whole other world down at their viewpoint!

  • Think low! Remove objects on low shelves, coffee tables, and anywhere else that is easy access. Anything destructible, such as paper, books, anything made of cloth (i.e. laundry). It is much easier to 'chew train' a pet if they do not learn a bad habit of "where to look" for destructible goodies when you aren't looking.
  • Also think about food and snacks. Don't leave pop cans, candy wrappers, crumbs or anything else on a low counter. Leaving out these delicious tidbits can easily lead to "counter surfing".
  • Since kittens and ferrets may actually have the ability to walk on your counters, make certain to keep an eye on them when cooking. You may have food on the counter and the stove burners on - both can be dangerous. If you are a messy chef you may have a very happy kitty, but it could be dangerous if you don't keep an eye on them!
  • Speaking of food and snacks, make sure if you have smaller pets, like mice, that they are out of reach to your new puppy or kitten. Don't forget your fish - sometimes the idea that the aquarium is invincible can be tested.
  • Smokers - do not leave cigarette butts where pets may reach them. If eaten it can lead to nicotine poisoning and the filters aren't good on the digestive system.
  • Children's toys can be great fun for pets too! Make sure your kids realize they may loose their toy if it is left out and unattended. Also many toys may have small parts or can be easily broken into small parts by your pet which can be dangerous.
  • Overall keep you place picked up of daily messes. For example: Newspaper whether read or not is still fun to shred and eat. (Same goes for the mail!) Just got home from shopping? Put away the bags! Plastic bags can be either chewed and swallowed (pups) or can suffocate some pets accidentally (kittens & ferrets).
  • Sometimes pets will eat something that will require surgery to remove. Small objects to watch out for include rubber bands, balloons, beads, buttons, Q-tips, sewing needles, thread, staples, string, pantyhose and coins - to name a few!
  • Medication should never be left around the house. Make sure it is secure - just like with children!
  • Keep heating vents covered. Many pets love to snuggle up to these and you don't want your pet falling in.
  • Smaller pets like ferrets should be blocked off from holes and other hideaways - you don't want them to find a comfy spot and not come out! Also be certain to check under recliners before moving them as your pet may find it a nice place to hide out.
  • Plants should be moved to higher ground or blocked. Watch out for vine plants that your pet might grab and bring the whole thing down. * Some household plants are poisonous to pets. Here are a few: aloe vera, amaryllis, caladium, holly berries, lilies, mistletoe, mums, and poinsettias. For a complete listing check out the Poisonous Plants resource links.

Playtime!
Unless they are sleeping, or eating, they are playing!! Some tips to make this non-stop action fun and safe for both of you!

  • Keep an eye on your pet at play with certain toys. Some toys don't hold up to your pets hunting prowess and become shredded in no time. Toys with squeakers are fun but many pets will work hard to remove them if your not watching. Just keep in mind if you are in the other room, you may never see them devour their cut up prey! A solution would be have toys for when you can see them and more durable toys for when they are in the yard, other room, or you are not at home.
  • Also watch older toys. If they don't fall apart they may actually be warn into sharp edges, don't let your pet play with damaged toys, they can cut themselves easily. Look before you step when playing with all our small pets. Try this pattern "Turn, Look, Step"
  • Some small animals such as rabbits are chewers and it normal to give them various chew toys such as: Cardboard boxes, empty oatmeal containers, bird toys, cardboard paper towel rolls, things to shred. Try to keep them away from your wooden furniture - they love wood! Instead wood sticks are available at pet stores.

Road Blocks
If they can't reach it, they can't eat it, scratch it, or all out destroy it!

  • Don't forget the garbage! Take the garbage outside or make sure you can close it away in a closet/room where pets cannot reach it. Not only will they make a mess rifling through all the goodies they can also hurt themselves if there are any rough objects they rifle through.
  • Keep some rooms closed. It is perfectly reasonable for there to be certain rooms that pets may not visit unless supervised. One obvious choice would be the bathroom (remember that puppy running down the hall with toilet paper - cute - but after the 20th time said pup turns from cutie to lil'-demon). If you don't have a door to a particular area look into getting a child gate or blocking it off with other materials. If you have a mixture of pets you may not want them to be able to access certain areas of each others space. A prime example is keeping kitty litter from dogs, some seem to find the "deposits" tasty snacks. In this instance you can set up a roadblock for the dog that the cat can still easily climb over.
  • If your pet is especially good with its nose or paws you may want to get childproof latches. They will work well to keep them out of lower cabinets in your home.
  • Keep the lid down on the toilet, especially if you use strong cleaners. Small, curious pets may fall in and pets taking a drink can be poisoned by cleaners - some of them even contain anti-freeze!
  • Speaking of cleaners, here are some examples of cleaners that are really dangerous to your pets (to name a few!): ammonia, bleach, disinfectants, drain cleaner, oven cleaner, paint, rat/bug poison.
  • Keep electric cords out of reach or secure them to baseboards. When first home keep an eye on where your pet is at all times. Some may try chewing on the cords. You can deter this with a taste deterrent like "Bitter Apple", a mix of vinegar and water, or hot sauce. Or even better, block access to them altogether.
  • Speaking of cords, watch those drapery cords as well. Tie them up so all your window treatments aren't pulled to the ground.
  • Many animals are attracted to fire. The light of a candle or the heat of a fireplace will peak their interest. Make sure candles are never left unattended. For the fireplace make sure Fluffy knows just how close they are allowed to get for a good snooze - warm is good, singed is bad.
  • Keep the upstairs windows and any cellar doors shut. Young pets are just like children with their curiosity but can easily misstep and fall.
  • Be careful when working in the garage. It is best to keep them out and make sure you clean up thoroughly! Such toxins like anti-freeze are very lethal to pets - a drop the size of a dime can be lethal! (You hear a lot about anti-freeze, not only is a small amount incredibly lethal, anti-freeze is also sweet smelling and tasting to pets - they will seek it out!!)
  • Watch our for open dresser drawers, closets and other nice dark places, kittens are especially curious and many are drawn to these make-shift dens. Have you heard about the kitten jumping in the dryer? Its not a urban legend, be alert and check before you shut the door.
  • Another warm place kittens like to snuggle is on a car engine. If your kitten has access to your car (or the neighborhood cat for that matter) it may help pound on the hood of your car and honk you horn. If you don't want to do this every day try to limit access to your car.
  • One of my favorite words of advice when watching out for the sleeping kitten: "Locate your kitten before you sit down on the sofa or use the recliner." (Of course, depending on your house rules, that may go for your other pets too!)

Table Manners
Don't feed table scraps to your pets. Many times people don't realize that some foods okay for us can be toxic or hard on the system for animals.

Some foods to be aware of: Alcohol, Chicken & Turkey Bones, Nutmeg, Apples (stems & seeds), Chocolate, Onion Apricots (seeds), Coffee (grinds & beans), Peaches (seeds),  Avocados, Dairy Products (large amounts), Pears, Baking Powder, Fatty Foods, Plums,  Baking Soda, Garlic, Potatoes (peelings & green,) Broccoli (large amounts, )Grapes, Raisins, Cherries (stems & seeds), Macadamia Nuts, Yeast, **Tobacco, although not a food, ingestion can be poisonous

Holiday Playground
The holidays are fun for everyone - including your pets!

  • Decorations should be up high or in rooms that pets have limited access.
  • Any holiday lights should be treated the same as other electrical cords. Get it out of the way or secured so your pets don't accidentally trip over them. Also keep a lookout and make sure they do not chew on them; again a taste deterrent like "Bitter Apple" will work.
  • Other holiday items to keep from you pets include: metal ornament hooks, popcorn strands, tinsel, angel hair (it is spun glass), and decorative artificial snow or tree flocking - to name a few.
  • Don't forget that holiday plants like holly berries, mistletoe, and poinsettias are poisonous!
  • Fourth of July fireworks are fun for us but many pets find all the racket frightening. One suggestion is to have treats nearby and give them treats whenever there is "Boom!" so they associate the noise with happier things (mostly used for dogs). Another thing to keep in mind if you are leaving for the festivities, don't leave pets alone out in the backyard. They may panic and do things they normally wouldn't do like digging their way out!
  • Many holidays include house guests that are not familiar with your pet or household rules. After introducing your guest to your pet, make certain you let your guests know not to leave doors open, feed table scraps or any other important household rules. If there are a lot of guests you may want to arrange a quiet place for your pet to retreat.

Home Alone
What do they do when you leave the home? Preferably it doesn't involve eating the couch!

  • Before you leave for a long day at work it is important your pet is calm. For dogs a good walk in the morning may be necessary. For cats a little play time will help with bonus energy. Teach your pet tricks and have them perform for you before you head out. Our pets sleep more then we do and getting rid of morning energy will help them settle for a nap while your out earning money to spend on them.
  • If you have a really active breed you may want to look into a dog daycare or walking service for a couple days out of the week. Taking your dog to a pet daycare is like taking them to camp. They get to romp with other dogs and usually come home tired and ready for a good night sleep. Many find that a few days out of the week is enough to hold them over on the days in-between.
  • Crates can be lifesaver when you are gone. If you have pet that is still undergoing training and is not sure of all the rules, a crate or restricted room is a must.

Cautionary tale on the restricted room - we placed one of our pups in a room in our house as we went out to get a bite to eat. There was no furniture in the room except for her crate with her toys. When we came back she had climbed the crate and chewed the metal blinds on the window and also proceeded to dig up part of the carpet!

Part II: Preparing

Your yard is fun place for you and your pet to enjoy the outdoors. Maintaining your yard for your pet is relatively easy. There are some hazards that you will want to watch for and prevent. Not all of your pets may enjoy your yard to its fullest, some may stay in pens or restricted kennel/runs. The tips below address pets that have more freedom. These pets roam a fenced backyard or around the perimeter of your house (i.e. Dogs & Cats). In addition to proofing tips we offer some ideas about making your yard more enjoyable. Sometimes you may have a small space or areas you really don't want Fido to excavate. Read on for a checklist of ways to make your yard safe and entertaining for your pets.

Yard Maintenance
When maintaining your yard you want to keep your pets in mind.

  • When working on the yard keep pets indoors. Our dogs like to chase the lawnmower - bad idea - so they now watch from inside. Some pets may be just the opposite and try either to attack the mower or try to escape in a panic - equally bad idea. Besides the lawnmowers, trimmers, leaf blowers, chainsaws, and other loud tools should not be used when pets are around.
  • Be careful with other tools such as shovels, rakes, spades, etc. Some pets may try to "help" you do the yard work and can inadvertently be struck by these items.
  • Review the chemicals you use on your yard. Weed killers, bug killers/bait and other chemicals can be poisonous to your pets as well. Some you may still be able to use, however, you may need to let the yard sit for x amount of hours before letting your pets back out. Symptoms of poisoning usually include: vomiting, diarrhea and sometimes convulsions or unconsciousness.
  • Keep your yard clean of waste. Especially with puppies, they can get in the habit of eating their waste. Besides, you will both enjoy your yard much better if it is not covered in poo mines! For cats you should have an outdoor litter box. This will be easier to clean and prevent the cat from laying waste to your (or your neighbor's) flowerbeds.
  • Remove any ladders, tools or stacked piles (i.e. wood), etc. that young pets may try to climb or knock over. If you do keep the stacks in your yard, check that they are secure and cannot roll onto your pet. Consider carefully what you plant in your yard. Plants that can cause complications include: Rhododendron, Japanese Yew, Lilly of the Valley, Peach and Cherry Trees (pits) to name a few. See our links to Poisonous Plants for more details.
  • You may want to try to keep your yard clear of the bee family by getting rid of nests on your property. Your dog cannot escape bees flying through the yard, but cutting down their numbers may help. All dogs are naturally allergic to bee stings. Depending on the location of the sting they may have to visit the vet for medication. If it is on the mouth/head it can lead to swelling and difficulty breathing.

The Kingdom 
Your pets will make your yard into their own domain. Make sure their kingdom is safe and enjoyable. 

  • Check the fence of the yard for holes or gaps that may be an easy escape. Make sure your gates are locked and secured and guests and children know to do so as well.
  • It is best not to have any young pets around water unattended. If you have a pool or pond make sure to watch them around this area carefully. Some trainers even suggest teaching pets how to get out of the pool or pond early on, sort of a "Swimming 101" for the pet in case they get into trouble when your back is turned. If your pet does get into a pool, make sure they get a bath so none of the harsh chemicals can effect their skin and coat.
  • Most pets are sun lovers. If your pet likes to "sunbathe" keep an eye that they don't get too hot. Signs of heat exhaustion include: restlessness, panting excessively and drooling. The worst case scenario is the pet collapsing and eventually falling into a coma. To counter it, wrap them in a damp cool (not cold) towel and go to your vet or animal hospital. In hot weather keep plenty of water. Refresh and refill it often. If you keep food outside as well make sure it does not sit too long. The heat may cause it to spoil and flies may contaminate it.
  • Make sure you have shade in your yard. You may even want to add a structure such as a doghouse for your pup to rest
  • Ask your vet to recommend a flea & tick prevention plan right for your pet. Depending on how much your pet is outside, where it goes, etc. you may need more preventive tools. It is imperative you ask your vet as many medicinal solutions are measured by your pets size, weight, age, etc.
  • Your pet may like to make or find a burrow to rest in. Block off crawl spaces under sheds or decks. You don't want them to get trapped or hurt by any debris you cannot see underneath.

Ideas for your Pet Friendly
Yard Below are just a few ideas of things you may do to improve your yard for your pet.

  • Placing markers around your yard for your dog to potty on or for your cat to scratch on can help save some of your other trees. Start by blocking the trees you want to save and place toys or treats by the markers you want them to use. Eventually you can train you pet to have a habitual like for that particular log(s)!
  • Prepare digging spots for your pets. For your dog it can be a small area of dirt and sand where you keep toys to encourage him to be there. For cats you can have one container/pot with catnip or another enticement. By keeping them interested in their designated digging spot they will learn to have fun there and leave the rest of your yard alone (most of the time!).
  • If you don't want your dog in your flower bed try a wooden or stone fence. Some dogs will learn to stay out of the area due to the road block, however you may need to supplement the roadblocks with additional training.
  • Dogs are going to do their rounds around "their" territory. This will leave worn paths in the grass. You may want to lay a nice stone path on their route to beautify it.
  • Continuing with a dogs tendency to make paths, for smaller yards you can make a maze path for them. Using placing flowerbeds and other structures you can create a winding route for them for their territorial routine.

Conclusion

Pets are a wonderful addition to the family and home. Taking time to proof your house and yard will make both of your lives a lot easier. It may seem daunting at first that there are so many things to do for or keep away from your pets. However, after a while your pets will learn the house rules. You may even be able to reclaim certain areas of the house as your pet matures and understands not to destroy your things. For example, our dogs don't touch the laundry anymore and we can leave books on low shelves without them getting even a sniff of interest. You will find many of the hazards you watch for you will begin to do so naturally. Eventually you won't even realize your new habits. It is simply part of the lifestyle change that happens as it is always an adjustment to bring animals into our home. Just know that you can be pro-active, you'll have far fewer headaches in the long run and in the end you will have great company and lots of fun!

Customer Deposits

Illegitimate Revenue Stream for Banks?

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This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Historical Homes

How to protect historical property.

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Historical landmarks throughout the country provide all citizens with a physical, present experience of our history. Through these landmarks you can not only observe but in many cases feel the original work and walk the spaces of the past. Historical homes help us remember important persons as we can view intimately how they lived; we get to see the most sacred of spaces, their internal sanctum, their home. Where did they read at night for inspiration, where did they write that novel, where did they meet the important guests and characters in their lives? All of these things we can glimpse through seeing history preserved in rock and mortar. Historical homes also allow us to visualize and experience architecture, culture, events and community history. They help tell the story of how our town and communities came to be and developed. This brief article will summarize how one protects a historical home. This will include how to register the home with the state and federal government. Also, we will look at incentives and resources aiding the owners in the task of preserving these properties. Additional links to state resources, historical homes for sale, historical home supplies and construction and spotlights of a few famous historical homes are also included. Even if you do not own a historical home, we welcome you to take a look into how these bits of our history are protected, preserved and continue to participate in and educate our communities.

Part I: Listing a Property as Historical

The National Historic Preservation Act of 1966 (amended in 1992) provides guidelines for federal, state and local governments to work with non-profit organizations and the public to preserve our historical places. The preservation is handled through the National Park Service which administers the National Register for Historic Places. Historical places can be buildings, structures, sites and objects that speak for American history, architecture/engineering, and culture. This can be as varied as a historic home to an archaeological site. A few places that are considered to represent the nation on a whole may also be registered in the National Historic Landmarks program; however, this membership is harder to obtain (there are only 2,500 of these sites nationally). Our concentration will be on the large listing (79,000 sites and growing) of the National Register. 
So how does one determine if a site is historical? The National Register lists the following reasons for registering and protecting historical property:

The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
A. That are associated with events that have made a significant contribution to the broad patterns of our history; or
B. That are associated with the lives of persons significant in our past; or
C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
D. That have yielded or may be likely to yield, information important in prehistory or history.

These four basic guidelines can encompass quite a bit of history. However, there are some limitations as well. Properties must be over 50 years old; to get a younger property registered an owner must prove "exceptional importance" such as might be recognized immediately for its reflection of an extraordinary political event or architectural innovation. Other limitations may include cemeteries, historical figures birthplaces and gravestones, religious structures, moved or reconstructed structures and commemorative structures. As with the 50 year rule there are exceptions for these limitations. In conclusion, if an individual or group feel a property meets the right criteria and should be registered they will need to nominate the property for review.

Any person or group may nominate properties for the National Register. Nominations, depending on the properties significance and location, are nominated through theState Historical Preservation Officer (SHPO), the Federal Preservation Officer (FPO)or the Tribal Preservation Officer (TPO). In most instances nominators will start with the SHPO for their state. The officer will then recommend the nominated property be reviewed by the state review board which consists of historians, architects, archaeologists and other professionals. The board then makes the recommendation to approve or disapprove the registration back to the SHPO. During the time the property is being reviewed, the public is notified the property may be registered. This may include the property owner, who may not have nominated the property themselves. If the owner at that time does not wish the property to be registered they can reject the proposal. The property will not appear on the national register, however, the nomination may be forwarded to the National Park Service only as a determination of eligibility in case a future owner would wish to have the property registered. Although the process varies from state to state, there is usually a minimum of 90 days to process. Once a recommendation is made to the National Park Service, the nominators will know the decision within 45 days. Once a property is registered the owner may expect some changes.

Owners of registered historical places may find both benefits and restrictions from state and federal programs. Surprisingly, on the federal level, once a home is registered owners may choose to change very little about their property:

Under Federal law, owners of private property listed in the National Register are free to maintain, manage, or dispose of their property as they choose provided that there is no Federal involvement. Owners have no obligation to open their properties to the public, to restore them or even to maintain them, if they choose not to do so.

However, state and local preservation laws may be more restrictive of what property owners may do once a the property is registered (the SHPO will have further details about the restrictions in your state). Some properties will obtain Federal historic preservation grant funding or investment tax credits for rehabilitation. Participation in these Federal programs may include more restrictions. As for changes to a structure or site, drastic alterations or physically moving a property when not absolutely necessary may effect the property's status. If, for example, the remodeling of the structure is enough to destroy and remove its historical significance, the property may be removed from the registry. Finally, a property may be affected by recommendation of the Advisory Council on Historical Preservation's recommendations at the federal level. However, inclusively, federal, state and local governments want to work with historical property owners to entice them to preserve our history. Property owners should contact the SHPO for more specific answers about local and federal benefits and restrictions.

Registering a home on the National Register for Historical Places is a relatively straight forward process. Contacting SHPO (or FPO or TPO) is the first step in reviewing what changes to expect and what forms need to be completed. With a little patience and research a home can be registered and protected as a part of our history. Now that it is registered, let us examine what resources are available for the renovation and upkeep of these places.

Part II: Resources for Historical Properties

The restoration of historical homes can be both overwhelming and expensive. Obtaining expert advise from contractors, architects, and historians (to name a few) can be invaluable to the homeowner. Research may be necessary to understand how the home looked, was furnished and functioned in the past. Also, it may be necessary to update older systems of plumbing, wiring, and replace lead-based paint (again, to name only a few). To begin the renovation process the home owner will first consider where the funding will come from, what projects need to be done, and finally, what the ultimate function of the historical home will be. There are many grants and sources of funds to help ease the impact of these improvement costs.

The funds available to owners of historical properties vary both nationally and locally. Nationally the most common is the Federal Historic Preservation Tax Incentive which entitles those qualified a 20% tax break. However, to obtain the credit the property does have to be used commercially for at least 5 years; usually as a rental or an apartment, in some cases use as an office may be sufficient. Local grants, loans and state tax incentives are not always available. To find what locally based programs there are contact your local government agencies such as the Historic Development Commission, Department of Planning and Economic Development, Housing and Redevelopment, and State Historic Preservation Office. When they are available the funds may come with certain restrictions or requirements. For example, some funds are only available to non-profit organizations or a grant may be offered that requires owners to share property with the public through tours or other educational outreach programs. Finally, involving family and community in the restoration project can help tremendously. Receiving help from the community may again mean opening up your home to educational programs or tours. However, when owning a historical home, sharing the history is part of the fun! So you have some money in your pocket; now you must decide what you want to restore first.

There may be many renovations needed for your historical home ranging from wiring to lead-paint removal. So overwhelming are the renovations at times that there is the tendency to over renovate homes. The National Trust for Historic Preservation has this top ten of Do's and Don'ts:

  • Make every effort to use the building for its original purpose.
  • Do not destroy distinctive original features.
  • Recognize all buildings as products of their own time.
  • Recognize and respect changes that have taken place over time.
  • Treat sensitively distinctive stylistic features or examples of skilled craft work.
  • Repair rather than replace worn architectural features when possible. When replacement is necessary, new material should match the old in design, composition, and color.
  • Clean facades using the gentlest methods possible. Avoid sandblasting and other damaging methods.
  • Protect and preserve affected archeological resources.
  • Compatible contemporary alterations are acceptable if they do not destroy significant historical or architectural fabric. Build new additions so they can be removed without impairing the underlying structure.

Once you have clarified the tasks that need to be done, hiring a contractor, plumber, architect or electrician (to name a few) will be an important step in the renovation of your historical home. Make sure to take time to interview and speak with several professionals to find one with the most experience and knowledge about historical homes. Again, the National Trust for Historic Preservation has compiled good short summaries about choosing professionals. When making any renovations to the historic home it is important to keep in mind the purpose of the house. The functions of a historical home can be varried. For some home owners they simply want to renovate and enjoy the historical building as their home. When making improvements, owners will be more concerned about updating creature comforts and creating an esthetic environment for their family. On the other hand, some will choose to live in the historic home but also dedicate rooms or floors as public museums. When making renovations for these homes a balance should be kept between updating the living space that will be used while keeping museum spaces closer to the feel and accuracy of the time they represent. Brand new faucets upstairs in the family bath are great but a stainless steel countertop in a 19th century room may look a bit out of place. Finally, others will live in the historic house but also rent out rooms for guests and small conferences. Historic homes can make an ideal bed and breakfast. This may create additional renovation challenges such as access ability and practical updates for the comfort of guests (i.e. adding and updating a bathroom or two). However, owners will want to keep in mind the historic atmosphere of the home. Visitors are drawn to historical B&Bs because of the sense of walking into the past. Keeping antiques relevant to the time or using period correct wall treatments (i.e. wallpaper patterns) are just a few ways to help keep the historic feel of the home. If creating a bed and breakfast out of a historical home is the goal, then reading about the B&B business will be helpful. Whatever the function of the historical home, the project should remain fun and rewarding.

The restoration of a historic homes can be expensive and daunting. However, it is also very rewarding, a wonderful chance for connecting to the past and community (and can be a great home too!). Whether your historic building will be a home, museum, B&B or all the above, having a game plan before starting renovations is a great idea. Make sure the plan protects the hisotry of the home so that the character and craftsmenship of the home is not lost in the renovation. Enlisting professionals and the community will help. In the end it really can be very rewarding!

Conclusion

A lot can be said for the structures a society builds. When looking at buildings from the past one can get a sense of style, comfort and culture from previous generations. A family and/or a community may learn more about where they came from. To preserve historical homes, individuals or communities need to take the time to submit the home to the National Register for Historical Places. Once this is done the home may still be used for varying purposes from a living space to a museum. In some cases funding is available to help in the daunting task of renovation. In the end historical homes are a tough investment that with a bit of research can turn in to a rewarding home and much more.

Resources by State 
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia Washington | West Virginia | Wisconsin | Wyoming

Alabama

State Historic Preservation Officer: Elizabeth Brown AL Historical Commission 468 South Perry Street Montgomery, Alabama 36130-0900 (334) 242-3184 Alabama Register Coordinator: Dorothy Walker - dwalker@preserveala.org National Register Coordinator: Christy Anderson - canderson@preserveala.org www.preserveala.org

Alaska

State Historic Preservation Officer: Judith E. Bittner - judyb@dnr.state.ak.us Department of Natural Resources Division of Parks and Outdoor Recreation 550 W 7th Avenue, Suite 1310 Anchorage, Alaska 99501-3565 (907) 269-8721 www.dnr.state.ak.us/parks/oha/index.htm

Arizona

State Historic Preservation Officer: James W. Garrison - jgarrison@pr.state.az.us Office of Historic Preservation Arizona State Parks 1300 W. Washington Phoenix, Arizona 85007 (602) 542-4174 National Register Coordinator: Kathryn Leonard www.pr.state.az.us/partnerships/shpo/shpo.html

Arkansas

State Historic Preservation Officer: Cathie Matthews - cathiem@arkansasheritage.org Department of Arkansas Heritage 323 Center Street, Suite 1500 Little Rock, Arkansas 72201 (501) 324-9162 National Register Coordinator: Ralph Wilcox - ralph@arkansasheritage.org www.arkansaspreservation.org

California

State Historic Preservation Officer: Milford Wayne Donaldson - mwdonaldson@parks.ca.gov Office of Historic Preservation Department of Parks and Recreation P.O. Box 942896 Sacramento, California 94296-0001 (916) 653-9125 http://ohp.parks.ca.gov/

Colorado

tate Historic Preservation Officer: Georgianna Contiguglia Colorado History Museum 1300 Broadway Denver, Colorado 80203-2137 (303) 866-3395 Information: oahp@chs.state.co.us www.coloradohistory-oahp.org

Connecticut

State Historic Preservation Officer: John W. Shannahan Connecticut Historical Commission 59 South Prospect Street Hartford, Connecticut 06106 (860) 566-3005 Information: cthist@neca.com www.cultureandtourism.org (This website is being revised; check out the CT Trust for more information at www.cttrust.org)

Delaware

State Historic Preservation Officer: Timothy A. Slavin Division of Historical and Cultural Affairs 21 The Green, Suite B Dover, Delaware 19901 (302) 739-5313 www.state.de.us/shpo/default.shtml

District of Columbia

State Historic Preservation Officer: Lisa Burcham DC Office of Planning, Historic Pres. Division 801 North Capitol Street, N.E. 3rd Floor Washington, D.C. 20002 (202) 442-8850 http://planning.dc.gov/

Florida

Actg. State Historic Preservation Officer: Frederick Gaske - fgaske@mail.dos.state.fl.us Division of Historical Resources R.A. Gray Building 500 S. Bronough Street Tallahassee, Florida 32399-0250 (850) 245-6300 www.flheritage.com

Georgia

tate Historic Preservation Officer: Ray Luce - ray_luce@dnr.state.ga.us Department of Natural Resources 156 Trinity Avenue, SW Suite 101 Atlanta, Georgia 30303-3600 (404) 651-5061 http://hpd.dnr.state.ga.us/

Hawaii

State Historic Preservation Officer: Peter T. Young Department of Land and Natural Resources 601 Kamokila Boulevard Room 555 Kapolei, Hawaii 96707 808-587-0401 www.hawaii.gov/dlnr

Idaho

State Historic Preservation Officer: Steve Guerber - steve.guerber@ishs.idaho.gov State Historic Preservation Office 210 Main Street Boise, Idaho 83702-7264 (208) 334-3890 www.idahohistory.net

Illinois

State Historic Preservation Officer: William L. Wheeler - Ted_Lild@ilpa.state.il.us Illinois Historic Preservation Agency Preservation Services Division One Old State Capitol Plaza Springfield, Illinois 62701-1512 (217) 785-9045 www.state.il.us/HPA/

Indiana

State Historic Preservation Officer: Jon Charles Smith- jsmith@dnr.in.gov Department of Natural Resources 402 W. Washington Street, Rm W274 Indianapolis, Indiana 46204 (317) 232-4020 Information: dhpa@dnr.state.in.us www.state.in.us/dnr/historic/

Iowa

Actg. State Historic Preservation Officer: Anita Walker - anita.walker@dca.state.ia.us State Historical Society of Iowa 600 East Locust Street Des Moines, Iowa 50319-0290 (515) 281-8741 www.iowahistory.org

Kansas

State Historic Preservation Officer: Jennie Chinn - jchinn@kshs.org Kansas State Historical Society Cultural Resources Division 6425 Southwest 6th Avenue Topeka, Kansas 66615-1099 (785) 272-8681 Information: histsoc@acc.wuacc.edu www.kshs.org

Kentucky

State Historic Preservation Officer: David Morgan - davidl.morgan@ky.gov Kentucky Heritage Council 300 Washington Street Frankfort, Kentucky 40601 (502) 564-7005 www.state.ky.us/agencies/khc/khchome.htm

Louisiana

Division of Historic Preservation Office of Cultural Development P.O. Box 44247 Baton Rouge, LA 70804 (225) 342-8160 National Register Coordinator: Donna Fricker National Register Section (1st time inquiries): Patricia Duncan www.louisianahp.org

Maine

Director: Earle G. Shettleworth, Jr. - Earle.Shettleworth@Maine.gov 55 Capitol Street, State House Station 65 Augusta, Maine 04333-0065 (207) 287-2132 / Fax (207) 287-2335 www.state.me.us/mhpc/

Maryland

State Historic Preservation Officer: J. Rodney Little - RLittle@mdp.state.md.us Division of Historical and Cultural Programs 100 Community Place Crownsville, Maryland 21032-2023 (410) 514-7600 or 1-800-756-0119 www.marylandhistoricaltrust.net

Massachusetts

Secretary of the Commonwealth Massachusetts Historical Commission 220 Morrissey Boulevard Boston, MA 02125-3314 (617) 727-8470 www.sec.state.ma.us/mhc/mhcidx.htm

Michigan

State Historic Preservation Officer: Brian D. Conway - conwaybd@michigan.gov State Historic Preservation Office P.O. Box 30740 702 West Kalamazoo St. Lansing, Michigan 48909-8240 (517) 373-1630 www.michigan.gov/hal/

Minnesota

Department Head and Deputy State Historic Preservation Officer: Britta L. Bloomberg - britta.bloomberg@mnhs.org Historic Preservation, Field Services and Grants Department Minnesota Historical Society 345 W. Kellogg Blvd. St. Paul, MN 55102-1906 (651) 296-5434 www.mnhs.org/shpo/

Mississippi

Mississippi Department of Archives and History 200 North Street Jackson, MS 39201 (601) 576-6850 Historic Preservation Division: msshpo@mdah.state.ms.us www.mdah.state.ms.us/index.html

Missouri

Deputy State Historic Preservation Officer: Mark Miles - mark.miles@dnr.mo.gov Department of Natural Resources P. O. Box 176 Jefferson City, MO 65102 (573) 751-7858 www.dnr.state.mo.us/shpo/index.html

Montana

State Historic Preservation Officer: Mark Baumler, Ph. D. - mbaumler@mt.gov The Montana Historical Society 225 N. Roberts P.O. Box 201201 Helena, MT 59620-120 (406) 444-7715 www.his.state.mt.us

Nebraska

State Historic Preservation Officer: Lawrence J. Sommer

Nebraska

State Historical Society 1500 R Street P.O. Box 82554 Lincoln, Nebraska 68501 (402) 471-4746 Information: nshs@nebraskahistory.org www.nebraskahistory.org/histpres/

Nevada

tate Historic Preservation Officer: Ronald M. James - rmjames@clan.lib.nv.us Department of Cultural Affairs 100 North Stewart Street Carson City, Nevada 89701-4285 (775) 684-3440 http://dmla.clan.lib.nv.us/docs/shpo/

New Hampshire

State Historic Preservation Officer: James M. McConaha - James.Mcconaha@dcr.nh.gov Division of Historical Resources P.O. Box 2043 Concord, New Hampshire 03302-2043 (603) 271-6435 www.nh.gov/nhdhr/

New Jersey

State Historic Preservation Officer NJ Department Parks & Forestry P.O. Box 304 Trenton, New Jersey 08625-0404 (609) 292-2885 www.state.nj.us/dep/hpo/

New Mexico

State Historic Preservation Officer: Katherine Slick - katherine.slick@state.nm.us Office of Cultural Affairs Villa Rivera Building, 3rd Floor 228 E. Palace Avenue Santa Fe, New Mexico 87503 (505) 827-6320 www.nmhistoricpreservation.org

New York

State Historic Preservation Officer Office of Parks, Recreation and Historic Pres. Empire State Plaza Agency Building 1, 20th Floor Albany, New York 12238 (518) 474-0443 http://nysparks.state.ny.us/shpo/

North Carolina

State Historic Preservation Officer: Jeffrey J. Crow - jeff.crow@ncmail.net Department of Cultural Resources Division of Archives and History 4617 Mail Service Center Raleigh, North Carolina 27699-4617 (919) 733-7305 www.hpo.dcr.state.nc.us

North Dakota

State Historic Preservation Officer: Fern E. Swenson State Historical Society of North Dakota ND Heritage Center 612 East Boulevard Avenue Bismarck, North Dakota 58505-0830 (701) 328-2666 www.state.nd.us/hist/

Ohio

State Historic Preservation Officer: Rachel Tooker - rtooker@ohiohistory.org Ohio Historic Preservation Office Ohio Historical Society 567 E. Hudson Street Columbus, Ohio 43211-1030 (614) 298-2000 www.ohiohistory.org/resource/histpres/

Oklahoma

State Historic Preservation Officer: Melvena Heisch - mheisch@ok-history.mus.ok.us Oklahoma Historical Society Wiley Post Historical Building 2100 N. Lincoln Boulevard Oklahoma City, Oklahoma 73105 (405) 521-2491 www.ok-history.mus.ok.us

Oregon

Deputy State Historic Preservation Officer: Roger Roper Heritage Programs Division Oregon Parks and Recreation Department 725 Summer Street, Suite C Salem, Oregon 97301 (503) 986-0677 http://www.oregonheritage.org

Pennsylvania

State Historic Preservation Officer: Barbara Franco Bureau for Historic Preservation Commonwealth Keystone Building, 2nd floor 400 North Street Harrisburg, Pennsylvania 17120-0093 (717) 787-2891 www.phmc.state.pa.us

Rhode Island

State Historic Preservation Officer: Edward Sanderson - esanderson@preservation.ri.gov Hist. Preservation and Heritage Commission Old State House 150 Benefit Street Providence, Rhode Island 02903 (401) 222-2678 www.preservation.ri.gov

South Carolina

State Historic Preservation Officer: Mary W. Edmonds - edmonds@scdah.state.sc.us Department of Archives and History 8301 Parklane Road Columbia, South Carolina 29223-4905 (803) 896-6168 www.state.sc.us/scdah/histrcpl.htm

South Dakota

State Historic Preservation Officer: Jay D. Vogt - jay.vogt@.state.sd.us South Dakota State Historical Society 900 Governors Drive Pierre, South Dakota 57501-2217 (605) 773-3458 www.sdhistory.org

Tennessee

State Historic Preservation Officer: Herbert Harper - Herbert.Harper@state.tn.us Department of Environment and Conservation 2941 Lebanon Road Nashville, Tennessee 37243-0442 (615) 532-0109 www.tennessee.gov/environment/hist/

Texas

State Historic Preservation Officer: Lawerence Oaks - l.oaks@thc.state.tx.us Texas Historical Commission P.O. Box 12276 Capitol Station Austin, Texas 78711-2276 (512) 463-6100 www.thc.state.tx.us

Utah

State Historic Preservation Officer: Wilson G. Martin - wmartin@utah.gov Utah State Historical Society 300 Rio Grande Salt Lake City, Utah 84101 (801) 533-3500 http://history.utah.gov

Vermont

State Historic Preservation Officer: Jane Lendway - jane.lendway@state.vt.us Agency of Commerce & Community Dev. VT Division for Hist. Preservation National Life Bldg., Drawer 20 Montpelier, Vermont 05620-0501 (802) 828-3056 www.historicvermont.org

Virginia

State Historic Preservation Officer: Ann Andrus - ann.andrus@dhr.virginia.gov Department of Historic Resources 2801 Kensington Avenue Richmond, Virginia 23221 (804) 367-2323 www.dhr.virginia.gov

Washington

State Historic Preservation Officer: Allyson Brooks - Allyson.Brooks@dahp.wa.gov Office of Archeology & Historic Preservation 1063 S Capitol Way Suite 106 P.O. Box 48343 Olympia, Washington 98504-8343 360-585-3066 www.oahp.wa.gov

West Virginia

State Historic Preservation Officer: Susan Pierce - susan.pierce@wvculture.org Division of Culture and History 1900 Kanawha Boulevard E. Capitol Complex Charleston, West Virginia 25305 (304) 558-0220 www.wvculture.org/shpo/shpoindex.aspx

Wisconsin

State Historic Preservation Officer: Michael E Stevens Wisconsin State Historical Society 816 State Street Madison, Wisconsin 53706-1482 (608) 264-6500 www.wisconsinhistory.org

Wyoming

State Historic Preservation Officer: Sara Needles - sneedl@state.wy.us Wyoming State Historic Preservation Office Dept. of State Parks & Cultural Resources 2301 Central Avenue, 3rd floor Cheyenne, Wyoming 82002 (307) 777-7697 http://wyoshpo.state.wy.us/

One roof or two?

My 1950’s home has recently developed ceiling cracks running lengthwise through all of the rooms.

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Q. My 1950’s home has recently developed ceiling cracks running lengthwise through all of the rooms. Recently, I had a new shingle roof put on, and the roofing contractor told me that I could save a little money by putting the new shingles on top of the old ones. I wonder if this could be contributing to the cracking of my plaster ceilings.

A. The new roof over the old is most likely the reason for the ceiling cracks. Some roofing contractors will put new shingles over old ones because it saves them time and money, but this is no benefit to the home owner. Your house was framed to handle the weight of one shingle roof, but not the weight of two. The extra load on the structure is placing stress on the rafters, braces and ceiling joists, and causing stress cracks in your plaster ceilings. At this point, your best option is to just live with the cracks, because if you patch them without relieving the extra load on the roof, the cracks will just come right back. Next time you are ready for a new roof, insist that the roofer remove all of the old shingles, felt, tar paper and any other materials right down to the plywood or boards and start from scratch. This will not only eliminate the extra weight problem, it will give you a better looking, tighter and longer lasting roof.

Winter Safety Tips

Whether celebrating a holiday or snuggling next to the fire.

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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!

Becoming a Landlord

How to be a Good Landlord

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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.