Other Helpful Nolo Titles and Online Information and Resources for Landlords

A lease or rental agreement is only one part of a landlord-tenant legal relationship. Nolo publishes several other books for landlords (most with legal forms and state-by-state information) that complement this book, including:

Every Landlord’s Legal Guide, by Marcia Stewart, Ralph Warner, and Janet Portman. A comprehensive explanation of landlord-tenant laws and the practical steps rental property owners can take to comply with them (while at the same time running an efficient and profitable business). It covers most key laws affecting landlords in all 50 states, including your repair and maintenance responsibilities and your liability for crime and environmental health hazards such as lead, mold, and bedbugs; rules and procedures for collecting and returning security deposits; antidiscrimination laws; privacy rules; employment laws affecting managers; tenants rights to break a lease and leave early; how to resolve problems with tenants or begin the eviction process; emerging issues such as foreclosures; and more.

First-Time Landlord: Your Guide to Renting Out a Single-Family Home, by Janet Portman, Ilona Bray, and Marcia Stewart. A starter guide for people who are renting out a house for the first time (or are considering doing so) and want a basic overview of the legal, practical, and financial issues involved, including estimating costs and profits, co-owning rental property with family, and managing rental income to maximize tax deductions.

Every Landlord’s Guide to Finding Great Tenants, by Janet Portman. A detailed guide to attracting, screening, and choosing the best tenants possible.

Every Landlord’s Tax Deduction Guide, by Stephen Fishman. A comprehensive explanation of deductions and other tax write-offs available to landlords, such as depreciation and insurance. Includes instructions for filling out Schedule E.

For California landlords: The California Landlord’s Law Book: Rights & Responsibilities, by David Brown, Ralph Warner, and Janet Portman, and The California Landlord’s Law Book: Evictions, by David Brown. These books contain all the information California landlords need to run their business and handle an eviction in court by themselves.

You can order these landlord titles from Nolo’s website (www.nolo.com) or by phone (800-728-3555). You can also find Nolo books at bookstores and libraries.

The Nolo website has many state-specific landlord forms for sale, plus lots of free information of interest to landlords, including legal updates, and 50-state charts of state laws, such as tenants’ rights to withhold rent, and small claims court rules. (Check out the “Landlords and Rental Property” section at www.nolo.com.) The Legal Research section on the Nolo website will also help you find federal and state laws that affect your property (look for the Legal Research link at the bottom of www.nolo.com).

You can also find an experienced landlord’s attorney at Nolo’s Lawyer Directory (see www.nolo.com/lawyers).

11 Tips for Being a Successful Landlord

1.  Don’t rent to anyone before checking their credit history, references, and background. Haphazard screening too often results in problems—a tenant who pays the rent late or not at all, trashes your place, moves in undesirable friends, or worse.

2.  Avoid illegal discrimination. Comply with all federal and state laws prohibiting discrimination on the basis of race or color, national origin, gender, age, familial status, disability, and other protected categories.

3.  Get all the important terms of the tenancy in writing. Beginning with the rental applica­tion and lease or rental agreement, be sure to document important aspects of your relationship with your tenants—including when and how you handle tenant complaints and repair problems, the amount of notice you must give to enter a tenant’s apartment, and the like.

4.  Establish a clear, fair system of setting, collecting, holding, and returning security deposits. Inspect and document the condition of the rental unit before the tenant moves in to avoid disputes over security deposits when the tenant moves out.

5.  Stay on top of repair and maintenance needs and make repairs when requested. If the property is not kept in good repair, you’ll alienate good tenants. And they may have the right to withhold rent, sue for any injuries caused by defective conditions, or move out without notice.

6.  Don’t let your tenants and property be easy marks for a criminal. You could well be liable for the tenant’s losses. Landlords are sued more than any other group of business owners in the country.

7.  Respect your tenants’ privacy. Notify tenants whenever you plan to enter their rental unit, and provide at least 24 hours’ notice or the minimum amount required by state law.

8.  Disclose environmental hazards such as lead. Landlords are increasingly being held liable for tenant health problems resulting from exposure to environmental poisons in the rental premises.

9.  Choose and supervise your manager carefully. If a manager commits a crime or is incompetent, you may be held financially responsible. Do a thorough background check and clearly spell out the manager’s duties to help prevent problems down the road.

10. Purchase enough liability and other property insurance. A well-designed insurance program can protect your rental property from losses caused by everything from fire and storms to burglary, vandalism, and personal injury and discrimination lawsuits.

11. Try to resolve disputes with tenants without lawyers and lawsuits. If you have a conflict with a tenant over rent, repairs, your access to the rental unit, noise, or some other issue that doesn’t immediately warrant an eviction, meet with the tenant to see if the problem can be resolved informally. If that doesn’t work, consider mediation by a neutral third party, often available at little or no cost from a publicly funded program. If your dispute involves money and all attempts to reach agreement fail, try small claims court, where you can represent yourself. Use it to collect unpaid rent or to seek money for property damage after a tenant moves out and the deposit is exhausted.

Get a Little Help From Your Friends

Many landlords have discovered the value of belonging to a local or state association of rental property owners. These organizations range from small, volunteer-run groups to substantial city, county, or statewide organizations. Many offer a wide variety of services to members, including:

legal information and updates through newsletters and seminars

tenant-screening and credit check services

training and practical advice on compliance with legal responsibilities

a place to meet other rental property owners and exchange information and ideas, and

referrals to professionals, including attorneys, accountants, maintenance firms, and property management companies.

If you can’t find an association of rental property owners in your phone book or online, ask other landlords for references. You can also contact the National Apartment Association (www.naahq.org), a national organization whose members include many individual state associations.