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Security Deposits: 5 Tips Landlords Should Know

When it comes to residential income property, there are many criteria that can lead to very expensive mistakes if you do not handle your decisions properly.  Let’s start out by stating this: security deposits are not the landlord’s money until after the tenant has moved out and the landlord has proven what damages they need the funds for.  Security Deposits are the tenant’s funds which they are allowing you to hold for them.  Most states require security deposits be held in a separate bank account; Not the primary bank account used for income and expenses.  You may not commingle these funds with other money not designated as a security deposit.  It should come as no surprise that security deposits are in the top three incidents that landlords and tenants find themselves fighting over in small claims court, so here’s our top 5 tips every residential landlords should know:

1️⃣ Do Not Designate Specific Deposits

In the event you feel you need more money for a deposit than the state allows you to ask for (commonly security deposits are the same amount as the asking rent), you can indeed ask for an additional deposit.  These are most common for pets or tenants who are running a business out of the rental.  For example, if you allow pets and want an additional deposit to cover possible damages from the tenants pet, do not label it a “pet deposit”. If the pet does not damage the property, a landlord cannot use the funds from a “pet deposit” for a non pet related issue.  For example,  mold remediation, clearing and dumping personal belongings the tenant left behind, or replacing damaged lamenate flooring in an open concept area where the flooring must match.
There are many instances where damage may exceed the amount of the main security deposit.  If you need more deposit than allowed for a security deposit, add an addendum to your lease and simply label it “𝐀𝐝𝐝𝐢𝐭𝐢𝐨𝐧𝐚𝐥 𝐃𝐞𝐩𝐨𝐬𝐢𝐭”.  This deposit will cover ANY damages that may be found during the move out inspection.  In addition, NEVER designate a security deposit as “first and last month’s rent”.  If you do so, you are essentially only receiving those months of the lease prepaid and you do not have any funds for damages that may occur.

2️⃣ Have Thorough Records Of All Correspondence With The Tenant Including:

•Move-in inspection form (signed by all parties).  Here’s a sample of our Move-In/Move-Out Inspection form: CA_030_Move_in_move_out_itemized_statement.  We have it in carbon form with 3 sheets.
•Maintenance or repairs requested and completed throughout the duration of the lease.  These should always be in writing either by email, text, or an electronic form submitted through an app.  All correspondence regarding the repair should be in writing as well.
•Your request for a move out inspection (to show them items that need to be remedied to avoid deduction from the security deposit).
•Your detailed invoices incurred for final repairs with the unit address and unit number on each invoice.
•Final documentation of what their security deposit was used for if applicable.
If you find yourself needing to defend your actions in front of a judge, a landlord better make sure they have all of these documents and photos ready for the judge to see.  Make sure you can print your emails, texts, etc. to submit as evidence if needed.

3️⃣Take Photos Of Every Angle Of Every Room Before Move In.

The 3rd of the 5 tips is important for security deposits that landlords should know;  Implement this tip with your next tenant flip!  Photos from phones and digital cameras have a date stamp and can prove that dent was not in the dishwasher before they moved in. In the same manner, landlords should take the exact same photos at move out. Do not take videos, many small claims courts will not allow video, only photos. Keep these in the tenant file or have it noted which electronic folder the photos are located in so you can find them easily. It can take months for the tenant to act on a legal action against a landlord. By then, hopefully, a new tenant is in place but you have no recourse to prove the damage occurred during their stay if you don’t have proof dated within their lease terms.

4️⃣Know Your City Ordinances.

Some cities require the rental property owners pay interest back to the tenant for the security deposits they hold. It’s a good practice to pay this interest back to them annually as the required interest rates can change from year to year. Choosing to do a large balloon payment at the end of their 10 year stay can be complicated and costly if having to account for different interest rates per year.

5️⃣Know How Many Days You Have to Return or Estimate The Security Deposit Held After Move Out

This tip is one that gets many rental property owners in trouble.  Many states require the security deposit distribution noted with estimated repairs or fully paid within a specific number of days. California is a strict 21 days. This means post marks are your saving grace to show you’ve followed the law. If you do not, you may lose the right to use the entire security deposit held.  No forwarding address? Send it to the property address they rented from you. Likely they filed a form with USPS to forward that mail to their new address. If not, the post marked form will be returned to you as undeliverable.  You may also find it in the mail box of your rental property. You now have that piece of mail with the postal date marked to put in your file. They will contact you at some point to inquire about it.
Bottom line about security deposits: It’s the tenants money that you are holding in trust for them “just in case”.
There are strict fines in some states when you do not follow the landlord/tenant laws. Run your property rental business in a professional manner by knowing your laws and local ordinances.  We hope that these 5 tips on security deposits which all residential landlords should know was helpful.
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Cash Reserves For Rental Properties, How Much Is Enough?

Business cash reserves are a basically an emergency savings account.  If you treat your rental property as a business, you should be putting a little aside each month for the unknown.  You know, like a pandemic.  So how much cash reserves are enough for your rental property?  We’ll get to that in a moment.

Why Do Landlords Need Cash Reserves?
These cash reserves are used for circumstances such as:
  • Unexpected vacancies or turnover that takes longer than expected.
  • To carry a good tenant facing sudden health issues.
  • To cover expenses and missed rent in the event of a fire or flood, or God forbid another pandemic.
  • For replacement costs for damaged windows, doors, carpet, or appliances like water heaters, air conditioners, or refrigerators.
  • Those unexpected repairs to damaged floors, heating systems, or issues caused by mold or pest infestations, or dry rot.
  • Costly capital improvements like a new roof, fence, kitchen, bath, or painting the exterior of your rental property.

As you can see from the examples above, capital reserves carry you through many different circumstances.  Had we not had a sizable reserve, we would have been in a very different situation during the pandemic.

How much cash reserves do you need for your rental property?

The basic rule of thumb is much like you should have for your personal reserves, six months of income and expenses in the event you are incapacitated and your income stalls.   So that would be six months total of:

  • Total income earned by your rental property.  This includes monthly rent and income derived from any other sources like washer/dryer coins, additional storage income, parking space income, and concierge services offered to tenants.
  • PMI: Property taxes, mortgage, and insurance fees.
  • Maintenance and Utilities you provide: Water, gas/electric, trash, landscaper, and/or property manager.
  • Expenses you run through your business: Car payments, gas allowances, health insurance, employees, etc.

Two approaches on to how to reach your goal reserve:

1)  We like to hold or reserve 10% of rental income each month.  This goes back to what we learned 20 years ago where you reserve 5% for vacancies and another 5% for capital improvements.  It seems like quite a bit of money but we started lower (around 5%), then upped it when rent increases came and continued to save until we reached our goal of 6 months worth of total income and expenses were covered.  It honestly didn’t take that long to achieve.
2) You can save your own income or use a personal line of credit and invest it into your rental property “business” but we don’t recommend that. It’s not advisable to put stress on your own financial situation for the sake of your business. Many landlords found this out when the pandemic hit.  This is especially true if the rental income you earn is your primary source of income.  In this case, you are basically borrowing from yourself to pay yourself.  You need to ask yourself, “What if I need this cushion for my personal use?”  Do your best to keep your business and personal finances separate.  Losing an investment property is much different than losing your personal one.
The bottom line is to just start saving the amount you can afford from your rental income and work towards your goal. Every little bit each month helps.  Before you know it, you’ll have what you need in capital reserves and can rest easy knowing you are covered in the event of any worst case.

Additional Notes

Once you reach your goal, you will be conditioned to saving this reserve and can continue to save for any improvements you’ve been dreaming of!  Our kitchens are looking a bit dated and worn so we are now working on saving towards replacing those in our 6-plex.
An additional benefit once you reach your goal, is that you can begin saving for your next investment property.  Imagine how quickly you will grow between savings and equity built on your existing properties!
Lastly, when evaluating potential rental properties to purchase, make sure you account for the percent of savings per month when calculating your ROI. If only profiting $100 per door on a duplex and you forget to account for reserves of $150 a month, you’re really only earning $50 a month. Not a wise investment.
We hope you now know how much you need in cash reserves for your rental property and will start putting away a little each month.  We were pleased at how quickly it added up.
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Marketing Your Rental Property: Get to Know the Neighborhood

Location, location, location, the official mantra of anything real estate.  Whether investing, buying, or renting, the importance of that phrase cannot be overstated.  Make sure you include facts about the neighborhood when marketing your rental property.

As investment property owners, knowing about your neighborhood is vital when marketing your unit.  Prospective tenants want to be close to work, restaurants, shopping, parks and walking trails, good schools, entertainment venues, etc.  An ideal location can have a significant impact on your revenueOften tenants focus on an area that fits the lifestyle they desire for themselves and their family.   They may be willing to pay a little more and might overlook some rental unit shortcomings if the property is in a great neighborhood.

When you purchased your investment property, I am sure location played a pivotal factor in moving ahead.  Along with cash flow, appreciation, ROI, etc., you probably toured the surrounding neighborhood or looked online to see the proximity of good schools, shopping, and so on.

But to properly market your rental property to prospective tenants, take it a step further and treat the neighborhood as your own.  Spend time in the area as if you lived there or become a tourist for a day or two.  I had one English teacher who recommended one should “write what you know.”  By getting to know your rental property neighborhood, you can better relate to its positive aspects, whether through your marketing ad copy or when answering questions your prospective tenants might have.

Quick Story

A few years ago, my wife and I had some work being done at our apartment complex in midtown Sacramento (2 hours from our home), which required us to spend the night. 

Tips For Taking Great Rental Property Photos

The adage, “you only get one chance to make a first impression,” is never truer than when you are trying to get a prospective tenant to view your rental listing. Photos are the first thing someone sees when searching for their next apartment or home.  Most people will not even look at an online ad without pictures. Having photos that capture the renter’s interest often can be the difference between them wanting to know more or moving on to the next listing.  Here are some tips for taking your best photos of your rental property.

Always remember, if you want great pictures of your listing, the care, time, and diligence you take when photographing your property is crucial.

Lights, camera, action!  The director’s traditional call before a film take. Let us look at how these come into play in your rental listing photo shoot.

Lights

You can have the best camera and the most stunning rooms to photograph, but nothing matters without light. Good photos are all about lighting. Without enough lighting, the rooms may appear blurry and gloomy. Light can dramatically impact the feel of a photograph. Natural light, or light from the sun, is best for making your space look bright and inviting. Take photos of your property on a bright sunny day and supplement the natural light by turning on indoor lights and opening blinds or curtains. This can also make your space feel bigger. If there are areas where natural light is unavailable and lighting in the room is not sufficient, you may have to use a flash. I will discuss how best to use a flash in the camera section.

Camera (& Accessories)

When considering equipment, a DSLR camera will give you a more professional look, higher quality, crisper images, and the ability to capture wider angles.  However, today’s point and shoot or smartphone cameras can get the job done.

Whatever the camera you choose, I highly recommend using a tripod where you need your scene to be as sharp as possible, especially in low light conditions.  The one I use supports both my DSLR and iPhone and comes with a Bluetooth remote. To check it out click  here. Camera Tripod with Bag, Phone Adapter, and Bluetooth Remote

Even with well-lighted rooms, using a tripod eliminates the chance of blurry or less than clear, sharp images.  If the interior has less than ideal lighting conditions, it is even more crucial to use a tripod.

In some cases, a flash may be required. Most flashes are quite intense and can make your interiors look flat, unnatural, or over-exposed. With a DSLR camera, you can attach an on-camera external flash (compared to a built-in flash which is integrated into many point & shoot and phone cameras).  You can then aim your flash up and “bounce” it off the ceiling to illuminate the room much better.

When taking photos of the rooms inside of your rental property, it is vital to have the right angles.  Photos generally look better when your camera sits lower than eye level. In kitchens and bathrooms, shoot just above the top of the counters. Try to position your camera below shoulder height and adjust until the walls are vertical and straight. (This is another reason to invest in a tripod, to keep your photos consistently at the right level.)

Make sure the camera is shooting level.  Use the grid feature on your camera or iPhone display to make sure your frame is parallel.  Avoid strange angles and do not aim the camera too high or too low, leading to converging lines or a distorted image. With a DSLR, it is advantageous to use a wide-angle lens but be careful when going beyond 22mm or using an ultra-wide lens that can distort the room.  With a smartphone (I use an iPhone 12Pro) , you can experiment with the panoramic or wide angle feature to get a fuller shot of the interiors, but the same caution applies – do not make it look like a funhouse! Take your photos from different angles and positions to see what best shows off the unit. Taking photos from corners of rooms opens them up, but also try taking some shots straight on.

Action

Taking the best photos of your rental property starts before you even pick up your camera, as the first order of business is making sure the property is prepared. This means both the interior and exterior.  When shooting outside, consider the time of day.  You do not want the property dark and hidden in the shadows.  Make sure the yard is tidy and freshly landscaped. Consider shooting during the time of year that shows off your property at its best.

comparison of front view of yellow victorian apartment building. One is open and bright with trees having no leaves blocking the view. The other has 2 trees blocking the view of the front. Windows are not visible.An example is one of our apartment buildings that has a couple of beautiful trees out front.  While they are green and full in the summer, providing plenty of needed shade, they block out most of the building when taking a photo of the front.  Taking that same photo in the spring or fall, with fewer leaves, allows a much better image of the property.

The same goes for any other exterior shot. If there is a pool, shoot during a bright sunny day, so your future tenants can better imagine enjoying themselves. Make sure any furniture is clean and that the area is swept.  If you have outdoor lighting or a fire pit that you want your renters to enjoy in the evening, consider shooting in the late afternoon or around dusk to show off that ambiance.

The same is true of the interior.

bright white clean modern kitchen with island and 3 bar stools Messy kitchen with counters and island full of dirty plates, food containers, and clothing on the chairs

Make sure the unit is clean and rent ready. Please do not take photos during rehab or before it is prepared to show.  Notice the photos of these similar kitchens, which could you imagine yourself living in? You would not schedule a showing with dishes in the sink, a broom and bucket in the corner, or counter tops full of cleaning supplies. It is the same when taking your photos. Think of your photos as your first showing.

Plan out your photo shoot.  Walk into each room and see what the best direction/angle is to shoot the room. Ideally there are multiple good choices.  Write these down in a notebook so when you are ready to shoot, you remember your earlier walk through and check the shots off as you go.

Make sure you take photos of closets along with extra storage areas.  Get shots of appliances, washer & dryer, and any other amenities your property might have.

It is better to have a few too many photos than not enough. But you do not want to snap away endlessly, so you are overwhelmed in post-processing.  It can be frustrating feeling you missed some crucial shots.  This is where it is nice to have notes, as I mentioned earlier, that keep you aware of what you still must shoot and what you have already photographed.

Be sure to take advantage of photo editing apps and software (a lot of them are free!). I use Adobe Lightroom which offers simple to complex editing options, access from my laptop, phone, or web, storage and photo organization features (click here for a  free trial). Brightness, contrast, saturation, shadows, even some alignment issues are just some of what can be adjusted to improve your photos. Take the extra time to make your photos the best they can be, but be careful not to overdo it. You want to show your rental property at its best, but you also want to be truthful.

As in most projects, proper planning and preparation are vital to their success.  I hope these tips help you get ready to start taking great photos of your rental property.  A little extra time and care in photographing your rental property will pay dividends in the future.

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Why Landlords Should Require Renters Insurance

For the longest time, we did not require renter’s insurance.  Although we had a disclosure within the lease where we recommended coverage, we did not require it.   Nevertheless, now we are explaining our change of heart and why every landlord should require rental insurance from their tenants.

Why didn’t we require renter’s insurance on the units we owned?  Unfortunately, we thought it was only to cover the tenant’s personal property in a fire or flood (think broken water pipe) event.  Recently, we sat down with our insurance specialist, Michael Bravo of The Bravo Agency, to learn more about why landlords should require renter’s insurance.

Liability, Liability, Liability

Yes, I know, liability is the main reason to hold any insurance policy.  Keep in mind, you do not have a controlling interest in your tenant’s insurance policy.  What you do get as a landlord is peace of mind as it covers tenant caused damages which take place on YOUR property.Fire Damaged Kitchen In Rental

Standard policies cover:

  • Personal Property Loss
  • Temporary housing and living expenses if their unit is found uninhabitable
  • Liability in the event a guest gets injured while visiting a tenant’s unit

Personal Property Loss (Benefits Tenant)

Here are several examples of how your tenant’s personal property is covered in the event of damage or theft:

  • Tenant in the unit above overflows their bathtub, the water comes through the ceiling, and damages another tenant’s electronics.
  • Theft of a tenant’s bike from property grounds.
  • There is a fire in the building, and all personal property is damaged from water or smoke.
  • A tenant’s personal laptop is stolen from their car.
  • Water pipes break, and water damages all contents within a unit. Water Leaking Down From Second Story

Additional Living Expenses

If your tenant’s unit is deemed uninhabitable, their renter’s insurance should cover the cost of temporary housing, food, dry cleaning, etc.  Additionally, it may even cover the cost of a moving company.   In most cases, your commercial property insurance coverage usually does not provide this for tenants.

Extended Liability

This portion of the policy will cover such instances as a visiting guest who gets injured within the unit or has damages caused by one of your tenants.  For example, the tenant drops a bottle on their foot and breaks a toe).  Moreover, it also might cover dogs in the event their dog bites you, a guest, or neighbor.  Note: Make sure tenants confirm pets are included in their coverage.  Many policies do not cover dogs or have limitations on weight and size.

Furthermore, should there be a lawsuit from bodily harm or injury, the insurance likely will cover a portion of medical and legal fees as well.

Why do these instances affect you?  To demonstrate, let’s say you rent to a tenant who owns a dog and said dog bites a passerby.  On the whole, you can be liable to that victim by allowing the tenant to have the dog on your property.  Also, another example would be a delivery person who trips and gets injured on a toy or hose the tenant left in the walkway.  Keep in mind, if you as a landlord do not require the tenant have rental insurance, the liability can fall to you, as the property owner.

It should be noted that a separate rider for natural flood and earthquake damages may be required.  As a practice, standard policies do not typically cover them.

Cost of a Policy

In general, the cost of an insurance policy is usually very low per month.  Tenants pay in the range of $20 – $30 depending on the amount of coverage and where they reside.  Interestingly, for an additional few dollars more per month, the tenant can secure $300,000 – $500,000 of coverage.  Depending on the property, we require a minimum liability coverage of $100,000.

Why is the amount of coverage necessary for you?  Damages caused by a tenant allows your liability insurance to subrogate funds from the renter’s insurance policy.  This helps with the payout to cover damages not being all out of their pocket.  For instance, if you own a duplex and one unit has an extensive kitchen fire, $100,000 is not likely enough to pay for all the damages where $500,000 might be.  Therefore, your insurance company would be able to recoup all or most of the liability they had to pay out for damages.

Despite damages which you are found responsible, the tenant’s rental insurance will replace their belongings and pay for temporary housing.  Commonly, these two items are not typically covered under a landlord’s commercial liability policy.

In Conclusion 

As you can see, being a landlord requiring rental insurance for your tenants is a huge plus for peace of mind.  Adding the task of  monitoring each tenant’s policy to your task list is a small price to pay.   Make sure your lease clearly notes that:

  • You require renters insurance.
  • The minimum coverage you require.
  • When they need to have the policy in place by.  For timeframe, some landlords require proof prior to signing the lease, others are a little more lenient and ask it be fulfilled within 14 days of signing or entry to the unit.
  • You or your legal entity are noted as an additional insured.

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