Introduction: How to Use This Book

• Filling In the Contracts and Forms
• Editing the Forms
• Describing People, Property, and Events
• Signing the Forms
• Resolving Disputes
• Do You Need a Lawyer?

1. Caring for Children, Pets, and Property

• Form 1: Temporary Guardianship Authorization for Care of  Minor
• Form 2: Authorization for Minor’s Medical Treatment
• Form 3: Authorization for International Travel With Minor
• Form 4: House-Sitting Instructions
• Form 5: Children’s Carpool Agreement
• Form 6: Pet Care Agreement
• Form 7: Authorization to Drive a Motor Vehicle
• Form 8: Power of Attorney for Finances (Limited Power)
• Form 9: Power of Attorney for Real Estate
• Form 10: Notice of Revocation of Power of Attorney
• Form 11: Request to Begin Special Education Process

2. Basic Estate Planning

• Form 12: Property Worksheet
• Form 13: Beneficiary Worksheet
• Forms 14 and 15: Basic Wills
• Form 16: Will Codicil

3. Things to Do After a Death: Documents for Executors

• Form 17: Notice to Creditor of Death
• Form 18: Executor’s Checklist
• Form 19: General Notice of Death
• Form 20: Obituary Information Fact Sheet
• Form 21: Notice to Deceased’s Homeowners’ Insurance Company
• Form 22: Notice to Deceased’s Vehicle Insurance Company

4. Renting a Place to Live

• Form 23: Rental Application
• Form 24: Tenant References
• Form 25: Landlord-Tenant Checklist
• Form 26: Move-In Letter
• Form 27: Tenant’s Maintenance/Repair Request
• Form 28: Semiannual Safety and Maintenance Update
• Form 29: Landlord-Tenant Agreement to Terminate Lease
• Form 30: Consent to Assignment of Lease
• Form 31: Month-to-Month Tenant’s Notice of Intent to Move Out
• Form 32: Demand for Return of Security Deposit

5. Borrowing and Lending Money

• Form 33: Loan Comparison Worksheet
• Form 34: Authorization to Check Credit and Employment References
• Form 35: Monthly Payment Record
• Forms 36–40: Promissory Notes
• Form 41: Cosigner Provision
• Forms 42–45: Security Agreements
• Form 46: Agreement to Modify Promissory Note
• Form 47: Overdue Payment Demand
• Form 48: Demand to Make Good on Bad Check

6. Buying a House

• Form 49: Ideal House Profile
• Form 50: House Priorities Worksheet
• Form 51: House Comparison Worksheet
• Form 52: Family Financial Statement
• Form 53: Monthly Carrying Costs Worksheet
• Form 54: Mortgage Rates and Terms Worksheet
• Form 55: Moving Checklist

7. Buying or Selling a Car, Dog, or Personal Property

• Form 56: Motor Vehicle Bill of Sale
• Form 57: Boat Bill of Sale
• Form 58: General Bill of Sale
• Form 59: Bill of Sale for Dog

8. Renting Personal Property and Storing Goods

• Form 60: Personal Property Rental Agreement
• Form 61: Notice of Termination of Personal Property Rental Agreement
• Form 62: Storage Contract

9. Home Repairs and Maintenance

• Form 63: Home Maintenance Agreement
• Form 64: Home Repairs Agreement
• Form 65: Contractor Mid-Job Worksheet

10. Handling Personal Finances

• Form 66: Daily Expenses
• Form 67: Monthly Income
• Form 68: Monthly Budget
• Form 69: Statement of Assets and Liabilities
• Form 70: Assignment of Rights
• Form 71: Notice to Terminate Joint Account
• Form 72: Notice to Stop Payment of Check
• Form 73: Request for Credit Report
• Form 74: Request for Reinvestigation of Credit Report Entry
• Form 75: Dispute Credit Card Charge
• Form 76: Demand Collection Agency Cease Contact

11. Dealing With Junk Mail and Telemarketing Calls

• Form 77: Telemarketing Phone Call Log
• Form 78: Notice to Put Name on Company’s “Do Not Call” List
• Form 79: Demand for Damages for Excessive Calls
• Form 80: Notice to Remove Name From List
• Form 81: Notice to Add or Retain Name but Not Sell or Trade It

12. Hiring Child Care, Elder Care, or Household Help

• Form 82: Child Care Agreement
• Form 83: Child Care Instructions
• Form 84: Elder Care Agreement
• Form 85: Housekeeping Services Agreement

13. Handling Legal Disputes

• Form 86: Demand Letter
• Form 87: Online Auction Buyer Demand Letter
• Form 88: Request for Refund or Repair of Goods Under Warranty
• Form 89: Accident Claim Worksheet
• Forms 90–95: Releases
• Form 96: Complaint Letter to a Government Agency
• Form 97: Notice to Cancel Certain Contracts
• Form 98: Identity Theft Worksheet

Appendix A: How to Use the Downloadable Forms on the Nolo Website

• Editing RTFs
• List of Forms Available on the Nolo Website

Appendix B: Forms in This Book

Index

Chapter 9:
Home Repairs and Maintenance

This chapter contains three agreements that cover home maintenance and repairs, as well as other work you plan to have done at your residence, such as painting or yard work. To get the job done right, your most important task is to find a contractor who has done excellent work for other people in your community. (Our forms use the term “contractor” for someone who does home repairs or maintenance.)

But even with a highly recommended person, serious misunderstandings between a homeowner and contractor can easily arise if the key job specifications, payment details, and work schedule haven’t been carefully worked out and written down before the work begins. That’s the purpose of these forms. These written agreements will help you get the work done right, on time, and within your budget.

CAUTION
The first two forms in this chapter are not suitable for complicated jobs. You’ll need a more detailed contract if you’re planning on remodeling a kitchen, adding a room, putting on a new roof, painting the complete exterior or interior, or doing any other similarly large project. A large firm doing major home repairs and remodeling will usually present you with its own contract. The forms in this chapter can help you analyze an agreement proposed by a contractor and make sure the basics are covered.

State Licensing and Registration Requirements for Home Repair Work

Almost all states have licensing requirements for certain categories of highly skilled home improvement and construction work. For example, most states license people who do residential electrical and plumbing work or who build new structures. By contrast, there is less uniformity among the states as to whether licensing is required for contractors who do general repair and remodeling work, such as framing, drywall installation, paneling, deck construction, siding, and painting.

License and registration requirements are often tied to the following factors:

• Size of the project—a license might be required for work on any job over a specified amount, such as $5,000.
• Type of job—some states require a license for plumbing or electrical work but not for painting, for example.
• Location of contractor—most states regulate contracting work of any type that is done by out-of-state contractors.

Most states that require a license for general repair and remodeling tasks require some experience and skills training, as well as some evidence of financial responsibility or effective customer recourse policy. For details, contact your state’s consumer protection office or visit its website to find out whether your state regulates the type of contractor you are hiring, and if so, the name of the agency that does the regulating, such as the Contractors State License Board. Many let you check online whether a contractor’s license is current and in good standing. Also, many state agencies publish and distribute free consumer information on home repair work, with useful advice on finding and working with a home repair contractor and legal requirements that apply in your state.

CAUTION
Beware of unlicensed contractors. Even where licenses are required, you can always find someone unlicensed who will do the work, usually promising a cheap price. Be wary about accepting these offers—unlicensed contractors are not bonded, meaning that their work isn’t insured, and your homeowners’ insurance might refuse to cover their injuries, leaving you open to personal liability. And, of course, an unlicensed contractor is almost sure to work without getting a building permit, which could cause problems later.

Some states require people who do home repair and remodeling work to register with the state. Registration usually does not require demonstrated experience or training. It is primarily designed to keep track of people offering contractor services so that homeowners can locate them if something goes wrong during or after the job.

Local Permits and Approvals for Home Repair Work

In addition to state licensing and registration rules, homeowners often must obtain a permit from a city or county agency for jobs that involve structural alterations, additions, substantial remodeling, or new electrical wiring or plumbing installations. Permits are usually not required for casual carpentry, minor plumbing and electrical repairs, or replacing a window or door.

In addition to a local permit, if the house is part of a condominium complex or planned unit development, a homeowners’ association or “architectural review committee” will likely insist on formal approval of the work, especially if the work affects the home’s exterior appearance. Homeowners’ association approval is usually necessary for new windows, exterior painting, roofing, and room additions.

Either the homeowner or the contractor must be responsible for getting information about the necessary permits. If the job requires a permit or approval but no one obtains it, the homeowner might have to redo some or all of the work if a later inspection reveals deficiencies. Also, the resale value of the home could be adversely affected if the buyer learns of the nonpermitted work.

Independent Contractor Versus Employee

Our contracts (Clause 4 in each) assume that the person who will come to your house is an independent contractor, not your employee. As long as the contractor is doing one job or occasional work, this is legal. If a person will work for you regularly (an everyday gardener, for example), the law probably requires that you treat them as an employee, for whom you are legally required to pay income taxes, Social Security, and other benefits.

RESOURCE
For more information on the difference between an independent contractor and an employee, see IRS Form SS-8, available on the IRS website at www.irs.gov.

Form 63: Home Maintenance Agreement

This form is intended for hiring unskilled labor on a one-time job that isn’t expected to last for more than a day or two and doesn’t need a significant amount of materials.

Typical jobs that fall into this category are hauling refuse, cleaning a garage or house, washing windows, and gardening and other yard work. Such jobs are usually performed by one person, who supplies the required tools.

This form is easy to complete. Simply spell out the details of the work and the amount, form, and schedule of payment, and any additional terms that are relevant, such as who will pay the fee for hauling refuse to the dump, or who will be responsible for obtaining and paying for any necessary permits.

Signing Instructions

You (the homeowner) and the contractor must sign this Home Maintenance Agreement for it to be valid. Print out two copies of the form and have each party sign and date both copies. Give the contractor one of the signed documents and keep the other for your own records.

Form 64: Home Repairs Agreement

This form covers home repairs done by skilled laborers for a job that isn’t expected to take more than a few days, such as installing new locks or windows, nonstructural carpentry repairs, touch-up painting, masonry work, or roofing repairs. Use it to spell out the who (names of the homeowner and contractor), what and how (specific details of the job, such as painting the kitchen or installing new bathroom flooring), how much (dollar amount and details of payment), and when (beginning and ending dates) of the work, and any additional terms, such as who will be paying for and picking up materials and supplies, such as paint.

TIP
Don’t pay too much up front—just enough to let the contractor purchase the materials needed to get started. It is usually best to agree to make periodic payments that are tied to measurable, easy-to-define completed tasks.

Clause 2 is the place to spell out the details of your payment arrangement. For example, you might decide to pay one lump sum at the end of the work, pay in increments (such as half at the beginning of work and half at the end), or pay an hourly rate for work done.

Simple home repairs probably won’t require a contractor’s license or permit, but if they do, Clauses 4 and 5 of the Home Repairs Agreement allow you to spell out the details. If you don’t need them, follow the instructions in the Introduction for deleting unnecessary contract clauses.

Clause 6 specifies that the contractor must carry insurance and accept responsibility for injuries that occur during the course of the work.

Signing Instructions

You (the homeowner) and the contractor must sign this Home Repairs Agreement for it to be valid. Print out two copies. Have each party sign and date both. Give the contractor one of the signed documents and keep the other for your records.

Form 65: Contractor Mid-Job Worksheet

If you’ve hired a contractor to perform home or business repair or maintenance, you probably have a good idea of what work will be done and what it’s going to cost. For extensive jobs, you might have a full-blown contract, which you’ve accepted by signing it, or you might have a written bid that you’ve orally agreed to. Or, you might have only an oral bid and acceptance— basically, you and the contractor had a conversation and came to an understanding of the work and the cost. All of these methods for recording the scope of the work and the cost are legal and enforceable—although, of course, a written understanding is always preferable.

However, events might not turn out as planned. In fact, anyone who has done even modest remodeling will tell you that surprises are inevitable as work progresses. Questions might pop up as you arrive home at night to survey the day’s work or, more likely, as you lie in bed at night. You’ll be wondering, “Will it look like this when it’s done?” “Is this the final color?” “Can I change the placement of that fixture?” “Should we do this while we’re at it?” and so on. Most importantly, if the scope of the work changes or the time needed to do it increases, you’ll want to know how, if at all, these changes will affect the cost of the job.

It’s important that you and your contractor have continuing, clear communication about the progress of your repair or remodeling job. Don’t let important questions go unanswered during the brief exchange you typically have with your contractor each morning. Write questions down as they occur to you and go over the list with your contractor on a daily basis. Even the busiest contractor will pause as you approach with clipboard in hand, and will take a few minutes to go over your questions.

Our Contractor Mid-Job Worksheet, which you’ll date as of the day of your discussion, provides a place for you to list your issues and gives you room to record the answer and, possibly, the plan. You’ll be able to note whether the intended resolution will vary the bid and, if so, by how much. (To be extra careful, after deciding whether the bid will be affected, ask your contractor to initial or sign the form.) You’ll also be able to record whether the work or variation was actually done and whether it’s satisfactory.

This worksheet is valuable primarily as a way to preserve and present your questions, but it has other uses, as well. If there is uncertainty later about what you agreed to—and whether it should cost additional money—you’ll have a record of the discussion and the plan. If worst come to worst and you and the contractor get into a legal squabble, your notes will be valuable evidence as well.

Use our Contractor Mid-Job Worksheet on a daily basis if your project is multifaceted and moving quickly; or use it weekly if progress is slow.

Be sure to keep all worksheets in a safe place (in a folder or binder, along with the original contract), and keep all documents for at least ten years (the typical time period in which you can sue for most construction defects).

Signing Instructions

For each issue you discuss with your contractor, fill in a row on the Contractor Mid-Job Work- sheet. Once you reach agreement on a given issue, have your contractor initial the last column, and place your initials next to the contractor’s.

---

We hope you enjoyed this sample chapter. The complete book is available for sale here at Nolo.com.

This Book Comes With a Website

Nolo’s award-winning website has a page dedicated just to this book, where you can:

DOWNLOAD FORMS - All forms in this book are accessible online. After purchase, you can find a link to the URL in Appendix A.

KEEP UP TO DATE - When there are important changes to the information in this book, we will post updates

And that’s not all. Nolo.com contains thousands of articles on everyday legal and business issues, plus a plain-English law dictionary, all written by Nolo experts and available for free. You’ll also find more useful books, software, online services, and downloadable forms.