Posts Tagged landlords
Property Inventories – How To Avoid A Legal Dispute
Posted on September 20, 2011 | Real Estate Law.
Property inventories are written documents that give a comprehensive report on the condition and contents of a property. They can be used in a court of law as evidence if a dispute arises between a landlord and tenant. It is imperative therefore that a signed inventory is properly documented at the beginning of the tenancy in order to help resolve any future disputes if they arise. The following are the top three tips that you should do if you want to avoid a tenant landlord dispute in cases of property damage.
1. Do write the inventory – The next most important document between the landlord and tenant after the rental agreement is the written inventory. Some landlords fail to have a written inventory and this is never a good idea. Landlords should always a have a written record of the condition and contents of their property at the time the tenant moves in. Without a written inventory the potential for conflict is greater as it will rely on people’s memories what the property condition was at the start of the tenancy.
2. Take detailed records of everything that you consider important – An inventory should contain a detailed account of all the items that are in a property such as the furniture and electrical items. In addition to removable items the inventory should also contain detailed records of fixed items. This will include things such as the condition of the flooring, walls, ceilings, windows and other items that are fixed into or part of the property structure.
It is a good idea to take photographs since images together with written text will give a stronger analysis of the state of the property. The inventory should be as comprehensive as possible to remove any ambiguities. Greater detail and attention in the report should be given to anything in the property that you consider important. This may be anything that is expensive or valuable or things that do not have much monetary value that you consider important.
3. Use a professional property inventory services provider – Landlords can compile property inventories themselves, however, compiling an inventory can be a laborious task. It involves a keen eye for detail and the process of producing a comprehensive report takes time. Landlords who do not wish to use their time in this way can outsource this job to a specialist property inventory services provider. They will have inventory clerks who specialises in this role and produce property inventories to a professional standard. Another advantage of using a property inventory services provider is that they are independent and impartial and can therefore mediate and resolve matters between the tenant and landlord regarding property issues.
Residential Landlords’ Rights in Bankruptcy
Posted on June 28, 2011 | Real Estate Law.
There were more than 1.5 million personal bankruptcies filed in 2010, with the majority of them being Chapter 7 bankruptcies. Chapter 7 and Chapter 13 filings most certainly encompass mortgage companies and residential landlords as well as credit card companies along with other financial institutions.
For Chapter 7 and Chapter 13 debtors, one of the greatest advantages of bankruptcy is relief from the “automatic stay” on debt collection efforts. Once a bankruptcy petition is filed by the debtor and their attorney, all debt collection activity must cease per law. Debt collection efforts for past-due rent and eviction proceedings would be included in the automatic stay as well. The automatic stay legally protects debtors, yet it presents a significant problem for landlords. If you try to collect your rent or evict someone after the automatic stay has been put into effect, you can be subject to legal penalties.
All chapters of the U.S bankruptcy code impose the “automatic stay” of all collection activity and enforcement proceedings. Furthermore, the automatic stay protects the debtor by preventing the enforcement of eviction proceedings or other action – without at first, receiving permission from the bankruptcy court. Early on, in bankruptcy proceedings the debtor is given the option to either terminate or keep their unexpired leases.
Under Section 362 (b) (22), the automatic stay will cease automatically 30 days following the bankruptcy filing date to allow landlords to continue any eviction or unlawful detainer action against a tenant where the landlord has already obtained a judgment for possession against the tenant prior to the bankruptcy filing.
If the tenant wants to stay in your property, they can request that the stay on the eviction be continued. They will have to provide information to the court explaining what led to their default, and they will have to show the court that they can deposit the money for the rent. Once the tenant comes up with the money, the court can choose to continue the stay against the conviction.
Under Section 362 (b) (23), of the Code, the automatic stay does not apply to eviction actions which are based on the endangerment of the property or the illegal use of drugs on the property. If this is the case, then the landlord will have to file a certification with the Court explaining that the eviction has been filed or, within 30 days prior to the petition date; the debtor either used illegal drugs on the property or somehow endangered the property. If the court sides with the landlord, relief from the stay can be granted 15 days of the filing of the certification.
The only way around the automatic stay is to actually go to court and file a motion for a relief from automatic stay. An experienced Phoenix real estate attorney will be able to help represent you in court and file a motion for relief from automatic stay. If your motion is granted, you can move forward with the eviction process and reclaim your rights to your property.