By Kathleen Williams
Occupancy limit policies are crucial for managing apartments, whether located in a
densely populated city or a quiet suburb. However, developing and revising these
policies can be complex. Not only do you need to be aware of fair housing laws,
but also know local laws and municipal ordinances on occupancy limits.
How could you hope to balance it all? Better yet, balance it all while trying to avoid that fair housing violation? This in-depth look into not only building your policy but also enforcing it can help you achieve that balance. First, let’s take a look at how occupancy limit policies differ depending on the type of housing.
NAVIGATING OCCUPANCY POLICIES: FEDERAL GUIDELINES VS. PRIVATE SECTOR
Starting with federally funded housing, occupancy policies are already predetermined. You can
review the Keating Memo from HUD, which further explains the two person per room rule for this type of housing. However, this rule does not apply to housing such as private market or tax credit.
In all actuality, this rule has been labeled by HUD as possibly discriminatory based on familial status. Because of this, other forms of housing face the challenge of having to create their own occupancy policy and having to undergo constant revision.
BALANCING OCCUPANCY POLICIES: GUIDELINES, LEGALITIES, AND FAIR HOUSING
The best rule to follow when revising or creating your own occupancy policy is that of balance. Using the term balance as your foundation can be a little confusing, so let’s break it down.
A Balanced Policy:
First off, you need to decide upon clear guidelines without creating too much restriction. Top priority must be given to any local laws or any municipal code your property is governed under. Ensure your policy meets their minimum requirements for residents per unit or individuals per room.
The second step is to take a look at your units and your property as a whole. What can the size
and layout of the unit accommodate? Another great tip when revising or creating a policy is
resident details. This may include details such as whether a unit is occupied by all adults or if
there are children residing there as well.
There is an important note to remember when it comes to details for your residents within the
policy. You need to ensure that you do not mention specifics, such as age and gender, in order to avoid a fair housing violation. Sex is a protected category and in many states, age is a protected class.
What NOT to do: A recent example of a property forgetting these details resulted in a fair housing discrimination case. An apartment complex in Louisiana had a policy in place stating that two children of the opposite sex could not share a room. Leasing agents falsely claimed that the property’s policy was based on state law when, in fact, they were discriminating against both age and sex, inciting a fair housing violation.
ENFORCING OCCUPANCY POLICIES: STEPS AND FAIR HOUSING CONSIDERATIONS
Now that you know the foundations of a good occupancy policy, it’s time to understand how to enforce it without inciting a violation. The key first step: make sure you have all the information before proceeding with a lease violation. Once you can confirm that the resident is indeed breaking your property’s occupancy policy, there are a few follow-up steps to take.
- First off, have a discussion with the resident of the unit, being clear about the guidelines of why the violation was cited.
- Second, follow up on disciplinary measures as laid out by your property’s policy. This may be the requirement for the resident to move to a larger unit or simply cite a violation in the lease agreement.
Remember, as a landlord, you are permitted to enforce your policy. However, there is one fair housing hurdle you and your team should be aware of.
HANDLING ACCOMMODATION REQUESTS WITHIN LEGAL LIMITS
Accommodation requests are inevitable. This includes requests from residents that break policy, including those on occupancy limits. While you want to do your best to ensure
that your residents’ needs are met, there is one factor that needs to be considered. No
reasonable accommodation can supersede local law or municipal codes. As an example, let’s say a resident submits an accommodation request stating that they need to break policy on a certain unit’s occupancy limit. If that policy is based on local laws stating how many individuals can be in that size unit, you will have to find a different solution for that
accommodation. If the request does not break any local laws, then it is safe to follow your
property’s procedures to accommodate that resident.
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KEY TAKEAWAYS FOR EFFECTIVE OCCUPANCY POLICY MANAGEMENT
In short, balance is key when it comes to any kind of policy. In the case of occupancy limits, balancing both fair housing standards and local laws and ordinances when taking a look at your policy is the best course of action. If you’re starting a new policy or revising one currently in place, there are a few key steps that should be on your checklist:
✓ Ensure your policy is clear and concise but not too specific. Take care to avoid
discriminating against certain protected categories and classes. As shown in the court
case discussed earlier, these kinds of details in your policy can lead to a fair housing
violation.
✓ As a property manager, it is your responsibility to enforce your policies. Be careful when
investigating, documenting, and explaining any lease violations you carry out.
✓ Reasonable accommodations that violate your property’s policy can happen. Ensure that
whatever the request, it doesn’t break your state’s laws on occupancy limits.
Remember, balance is key to any property with these policies, no matter the location. Let this guide help you to ensure that your occupancy limit policy meets Fair Housing standards, keeping your residents safe in their homes and locking in that property management win.
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Knowing how to be a good landlord requires extensive knowledge of renting, as well as the right tools to make the process easier. But if you’re a first-time landlord, managing both a rental property and tenants can easily be overwhelming if you’re not sure where to start.
To help you become a successful landlord, we share expert tips on landlording to help you manage your first property, as well as resources to take advantage of right away.
9 Landlord Tips for First-Time Landlords
As a first-time landlord, it’s important to know the basics of managing a rental property for an overall positive experience. From tools to have on hand to best practices to keep in mind, we outline nine tips to consider when being a landlord for the first time:
1. Utilize a Property Management Software Platform
Managing a rental comes with tons of responsibilities, all of which can be time-consuming without a property manager. Luckily for you, property management software platforms have streamlined the process of advertising your rental, finding quality tenants, screening them, collecting rent, and more.
Avail (part of Realtor.com®) offers free rental property management software that helps landlords easily manage their rental online, hassle-free. You can create a free landlord account to set up your tenants, collect rent online, track rental property accounting, as well as explore an extensive library of educational content on landlording. Avail is free for unlimited units, but you have the option to upgrade to Unlimited Plus for $9/unit per month to create custom leases or a website for your rental business.
Plus, you can earn up to $500 in account credit with the Avail Referral Program by inviting 10 fellow landlords to Avail to create an account. Get started today by creating a free account in less than five minutes.
2. Determine a Fair Rent Price
Your rent price will determine whether or not a tenant will be interested in renting your property. Although protecting your investment is the first priority, it’s important to determine a fair market rent based on other rentals in your designated area. This ensures you find tenants that can afford to rent your apartment and reduces the chance of long vacancy periods.
To complete this step, you can research local properties with similar features for their rent price or invest in an Avail Rent Analysis report that shows how your rental compares to similar properties in your area, as well as rental benchmarks from the lowest to the highest rent.
Once you’ve established a rent price that you’re comfortable with, then you can begin advertising your rental property online to find potential tenants.
3. Find Quality Tenants
In order to find quality tenants, you’ll need to advertise your rental property across various websites to generate rental leads. Since most tenants search for their next apartment online, it’s important to find landlord software that syndicates your rental listing across more than one site to get your property in front of tenants.
When advertising your rental listing on Avail, your listing is syndicated out to Zillow, Trulia, HotPads, Zumper, Apartments.com, Realtor.com®, PadMapper, Apartment List, Walk Score, and Doorsteps all at once. You can also manage any generated leads directly through your landlord dashboard for less back-and-forth communication.
You’ll want to describe the unit in a few sentences with the address and set rent price, as well as take accurate and eye-catching pictures of the property.
4. Screen Potential Tenants
Once enough qualified leads have been generated, you’ll want to begin the tenant screening process. In addition to having tenants complete an online rental application, it’s best practice to include credit, background, and eviction checks to get factual information on who they are. However, some states put limitations on how much landlords can screen potential tenants, so you’ll want to do some research on local landlord-tenant laws before adding this to your application.
An Avail online rental application allows landlords to include custom questions, as well as advanced reporting such as a TransUnion credit report and background check for a one-time fee. Instead of paying out-of-pocket for the cost of screening a tenant, the cost can be offset to the applicant.
5. Create an Online Rental Lease
As a first-time landlord, it’s important to put together a rental lease agreement that complies with local ordinances and is reviewed by a lawyer before sharing with tenants. Not only does this ensure it’s a legally-binding agreement, but protects all the parties involved.
The lease agreement should include the monthly rent amount, security deposit amount, terms of lease, and clauses that protect both the landlord and tenant. Many of these clauses and disclosures will be dictated by the standard lease within your city, but it is a good idea to make sure the lease fits the needs of your rental, as well.
With Avail, landlords can easily create a lawyer-approved lease agreement for free or upgrade to Unlimited Plus to create a customized lease that can be cloned for later use. The lease agreement can be signed online for free and is stored in each parties’ dashboard to reference in the future.
6. Share a Move-In Checklist
Your rental property should be habitable and clean before moving in new tenants. To help document the condition of your property before and after they move in, you can use a downloadable move-in checklist to access on any device.
Tenants should be notified on how garbage, laundry, and newspaper delivery work in the area, along with any other amenities that the building or property provides. The more thorough you are with explaining the starting conditions of your unit, the less surprises you’ll have at the end of the lease.
7. Contract Your Contractors
If you’re not a handyman yourself, you’re going to need help handling maintenance at some point. If you don’t know of any good contractors in the area, try to find local contractors that can quickly and efficiently handle repairs for you. .
Talk to friends and family about finding a contractor, and look up contractors in your area online. Compare and contrast different options when hiring a contractor as this could become a good long-term relationship, so don’t be afraid to spend some time looking around.
Make sure to get referrals, proof that the contractor is insured, and a guarantee on the work. Allow your tenants to submit maintenance tickets online, so you can record issues, store photos, and communicate with your tenant online.
8. Manage Your Rental Income
Being a landlord is equivalent to owning your own business, even if you’re only managing one unit. If you treat it as a business, you’ll have the right frame of mind when making decisions.
As a first-time landlord, it’s advised to manage any income you’re generating from the rental in a separate bank account than your personal account. Not only will you need to store a tenant’s security deposit separately, but you’ll need a platform that can help you collect rent online and manage any other fees tenants are responsible for covering. Avail allows you to easily track payments for all your properties online, which can later be accessed during tax season.
9. Invest in Landlord Insurance
Just like tenants have renters insurance to protect their belongings, it’s important to invest in landlord insurance to protect you from property damage, loss of income, and liability. Landlord insurance premiums can cost anywhere from $800 to $1,200 annually, depending on the type of coverage you want.
Manage Your Rental With Avail
Becoming a first-time landlord is an exciting venture to take on and is less daunting than you think. Now that you know how to be a landlord with the tips we’ve shared, the next step is managing your rental with confidence by using landlord software like Avail.
Create an account to begin the process of managing your rental property like a seasoned professional.
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By Ryan Squires
When setting the rental rate for a rental property or looking for a new place, landlords and tenants frequently ask: “Are landlords required to pay for water and garbage?”
Typically, landlords aren’t required to pay for these utilities. However, different states and cities have their own laws dictating what utilities a landlord may be required to pay for, so it’s critical to understand the rules governing the area where you operate your business. And for tenants, finding properties that cover, or at least partially cover, utilities can sweeten the deal.
Our comprehensive guide examines whether landlords are required to pay for water and garbage.
Key Insights
- Are landlords required to pay for water and garbage? In most cases nationwide, landlords are not responsible for paying these utilities.
- Some localities, including New York City, require landlords to cover water and garbage collection. Always check your local laws to understand your responsibilities as a landlord or tenant.
- The property type often dictates who pays for what.
- TurboTenant has state-specific leases from all fifty states and a robust maintenance and repair tracking system so landlords and tenants can communicate clearly about any issues that may arise.
Understanding Landlord Responsibilities for Utilities
Most landlord-tenant disputes regarding utility bills occur when the lease agreement contains ambiguities. This often comes up when no clear language specifically dictates who is and isn’t responsible for each utility, including electricity, phone and internet, water, garbage, sewer, and anything else that could qualify as a utility.
However, a few other things might arise while renting a home that might raise questions for either the landlord or the tenant.
Utility Usage and Fairness
In multi-unit buildings where tenants split the cost of the utilities, a dispute could occur regarding each tenant’s responsibility. For instance, if one unit uses an extraordinary amount of electricity compared to others, a landlord could require the offending unit to cover a high portion of the bill to maintain fairness among all renters. This solution isn’t allowed everywhere, so check your lease and local laws to see if you live in an area where this kind of dispute could arise.
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Maintenance and Repairs
In certain instances, a tenant could claim that a landlord should be responsible for a portion of a utility bill if regular upkeep and maintenance are lacking and the cost of using the utility increases because of it. Additionally, outdated appliances or other features in a unit could also increase utility costs, and a landlord might be responsible for addressing the issue or could offer to cover a portion of the related utility.
In all cases, tenants and landlords should keep detailed records of any dispute, and tenants should always continue paying rent in accordance with the rental agreement terms so that a minor dispute doesn’t become a larger one.
How TurboTenant Can Help with Utility Management
So, are landlords required to pay for water and garbage? As you’ve seen above, the answer can get a little complicated. In most cases, no, but there are situations where landlords may be required to cover certain utilities.
TurboTenant can help.
As part of TurboTenant’s all-in-one property management software, landlords can create iron-clad lease agreements demonstrating who is responsible for paying what and when. And with rental maintenance management, tenants can quickly spot a leaky faucet, create a maintenance request from their smartphone, and get the water bill under control.
TurboTenant makes solutions for renting and managing property for the modern age. Sign up for a free account today or invite your landlord to check it out and see how TurboTenant makes life easier for renters and landlords.
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Subscribers get access to our free forms, email templates, and guides! As well as…
▪️Landlord Tips ▪️ Early Access to Our Blogs ▪️ Landlord Specific Articles by Other Industry Pro’s ▪️ Podcast Links
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