By Jonathan Forisha
Renting a Section 8 home can be a tricky situation to navigate. Also known as the Housing Choice Voucher Program, Section 8 is a federal initiative to help low-income families, older adults, and people with disabilities rent homes. There are rules for tenants and landlords to be aware of, and deciding to enter the program could be a complicated proposition.
In this Section 8 rental guide, we’ll dive deep into the ins and outs of this federal assistance program so you can decide if it’s right for you.
Key Insights
- Section 8, otherwise known as the Housing Choice Voucher Program, has existed since 1974 and provides affordable housing options to low-income individuals and families across the United States.
- Section 8 evaluates applicants based on income, the amount of which varies based on where the tenant lives. The government will pay 30%-80% of the rent depending on the tenant’s income level.
- Any landlord can apply to offer Section 8 housing with single-family or multi-family units by contacting the local PHA office and following the application process.
Understanding Section 8 Housing
The Section 8 program was created by Congress in 1974 and is run by the U.S. Department of Housing and Urban Development (HUD). The goal is to make housing more affordable for individuals and families via federal subsidies.
Section 8 eligibility is determined by the total annual income and family size of U.S. citizens and some immigrants based on their status. There are two types of Section 8 housing programs: “project-based” programs, where eligible properties are linked to specific apartment complexes, and voucher programs, where tenants can choose a unit in the private sector and a public housing agency (PHA) pays Section 8 funds directly to the landlord.
Local PHAs — either by state, county, or city — have some flexibility in implementing a Section 8 program, but generally, if an applicant makes less than the median income for the area, they can qualify for the subsidy. The tenant must pay a percentage of their median income as rent, while the Section 8 funds cover the rest.
There are three categories that the program considers:
- Extremely low income: income doesn’t exceed the federal poverty level or 30% of the area’s median income.
- Very low income: income equates to 50% of the area’s median income.
- Low income: income represents 80% of the area’s median income
Median income can vary significantly by location, so check with your local PHA to identify the income level that they recognize.
For landlords, offering Section 8 housing is not required. Landlords can opt into the program for a number of reasons. However, there are some states and counties in which you cannot refuse to accept a Housing Choice Voucher.
In the next section, we’ll review the Section 8 application process for landlords.
How to Become a Section 8 Landlord: Step-by-Step Guide
Interested landlords can visit their local PHA to gather the necessary paperwork and understand the guidelines specific to the community. Generally speaking, Section 8 landlords will need to do the following:
-
- Complete an application, providing personal identification, property details, and the asking rent price.
- Complete a property inspection. The government requires specific property standards to qualify as a Section 8 home, which might be more stringent than if the property were available on the regular housing market.
You can view a complete list of these requirements on the HUD website, but a few areas of focus are:
-
- Working plumbing and sanitary facilities
- No lead-based paint
- A safe and adequate heating system
- No evidence of roach or vermin infestation
If your property passes the inspection and the application is approved, landlords can start accepting tenants who qualify for Section 8 assistance.
Advantages and Disadvantages of Renting a Section 8 Home
For tenants, there are a lot of advantages to Section 8 housing if you qualify. Section 8 benefits provide access to affordable and safe housing for lower-income individuals and families, which would otherwise be unavailable. Renting a Section 8 home allows families to live in safe and desirable neighborhoods that might otherwise be unaffordable.
However, in many areas, the waitlist for Section 8 vouchers can be quite long — as long as 2-3 years in some places due to high demand.
For landlords, becoming a part of the Section 8 housing program can provide a steady and reliable source of qualified applicants vetted by their respective PHA. Not only is the pool of applicants readily available, but tenants often stay for longer periods of time when they’ve found stable and reliable housing.
Additionally, the chances of late or unpaid rent are significantly reduced as the government covers a portion of the rent payment. On the other hand, the inspection process can be burdensome in some cases since it’s significantly more strict than the landlord-tenant laws typically dictate, and correcting issues flagged by a government inspection can be lengthy and expensive.
Also, it’s typical for your first rent payment from the government to be late as you enter the system — but once you’re established in the system, the money you’re owed will come through, and future payments should arrive on time.
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Navigating Section 8 Inspections and Regulations
All Section 8 homes must pass a rigorous inspection to qualify for the program. The U.S. Department of Housing and Urban Development has set a baseline for the Housing Quality Standards (HQS) to ensure all properties are safe, sanitary, and decent.
There are 13 key aspects of housing quality covered by the HQS:
-
-
- Sanitary facilities
- Food preparation and refuse disposal
- Space and security
- Thermal environment
- Illumination and electricity
- Structure and materials
- Interior air quality
- Water supply
- Lead-based paint
- Access
- Site and neighborhood
- Sanitary condition
- Smoke detectors
-
After the initial inspection, annual inspections are also required to ensure that landlords and tenants maintain the property in accordance with HQS regulations. Special inspections may also be scheduled if there are complaints from tenants or landlords about the condition of a Section 8 property.
Please visit the HUD website for more information and specific details on the HQS and inspections.
Common Misconceptions About Section 8 Rentals
There are a number of aspects that the public, landlords, and tenants often misunderstand about what Section 8 is and how it works. In this section, we’ll debunk some of the most common misconceptions about renting a Section 8 home.
Section 8 Housing Is Not the Same as Public Housing
Participants in the Section 8 program lease private units, and tenants receive government assistance to pay rent costs. However, the units are privately owned and not owned and operated by the government, unlike public housing.
Section 8 Tenants Must Contribute to a Portion of Their Rent
Tenants who apply for Section 8 housing must be employed and pay a percentage of the rent, depending on income level. The government voucher will cover the remaining 30-80% of the rent, depending on how much the tenant makes.
Section 8 Housing Is Easy to Get
Due to increasing housing costs and stagnant wages in many areas of the country, waiting lists for Section 8 can be incredibly long and slow-moving. Contact your local PHA to check on the waitlist status and for guidance on navigating the process as smoothly as possible.
How TurboTenant Can Help with Section 8 Rentals
For landlords renting their units to Section 8 tenants, TurboTenant is an incredibly powerful tool. TurboTenant is an advanced property management software that can help landlords and tenants stay connected through an easy-to-use platform, complete with messaging capabilities.
While PHA’s handle income verification for Section 8 tenants, TurboTenant features comprehensive tenant screening services to help ensure landlords rent to the most qualified tenants. Once your tenants are moved in, TurboTenant’s maintenance tracking features simplify renter requests, empowering you to tackle everything from routine work to critical repairs. This makes passing the program’s annual inspections a breeze.
Finally, TurboTenant’s financial management and reporting tools uncomplicate tracking payments from your tenants and the government so that you can understand how your investments are performing at a glance.
There are so many ways that TurboTenant can help landlords and tenants for all Section 8 and non-Section 8 rental situations, so sign up for a free account today!
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Yep. That’s right, this is an episode about mold. It may seem odd but, in several states, some pretty strict rules have passed regarding disclosures, cleanliness, responsibility, and remediation.
In this episode we are discussing all those things as well as what to do when a tenant reports that they have found mold in their unit.
It’s unfortunate that nearly all the research we combed through was written by lawyers with tips for tenants on what to look for and when it would be appropriate to file a claim against their landlord.
Because of that, we wanted to make sure all landlords were informed of the consequences of not taking mold seriously and tips on how to keep yourself out of the hot seat when it comes to mold.
LINKS
👉 Email us a question or to request the CAA mold addendum we use in our lease:
Stacie@YourLandlordResource.com
Kevin@YourLandlordResource.com
👉 For information on mold rules and regulations in your state, check with your state department of environmental protection or your state department of public health.
👉 To see whether your state is considering mold-related legislation that might affect residential rentals, you can search the National Conference of State Legislatures’ Environmental Health State Bill Tracking Database. Check the “Indoor Air Quality—Mold” box in the “Topics” column and check the box next to your state.
👉 Episode 28: The Cash Reserves Blueprint: Protecting and Expanding Your Portfolio
👉 Episode 6: Creating Standard Operating Procedures for Your Rental Property Business
👉 The Section on Mold: EPA’s Website
👉 Text Us a Question! This is a one way text system only. If you want us to respond, you must include your email on the text.
👉 Course Waitlist: From Marketing to Move In, Place Your Ideal Tenant
👉 Download our FREE Forms and Documents!
👉 Help other DIY landlords discover what we have to say… Please leave us a review of our podcast!
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By David Pickron
Think of your rental criteria as frequently asked questions for those applying to rent your property and are they written down?
Early on in my investing career I flew by the seat of my pants. I had no real policies or guidelines; I relied on gut reactions to situations as they surfaced. As I travel and meet with different real estate groups across the country, I always ask this critically important question; who here uses a detailed criteria? Rarely do I get many hands raised.
In fact, you may be asking right now, what is criteria and more importantly, how do I make one?
Like any business, your rental criteria can function as your rental policy, lining out your rules and regulations. It covers questions like:
- Can I smoke on the property?
- Do you rent to people with criminal history? If yes, what kind of history would disqualify me?
- How high does my credit need to be in order to qualify?
Think of your criteria as an FAQ for those applying for your property. I love the fact that I have all my requirements written down for the world to see. No surprises! And best of all this helps me treat everyone the same and avoid even a hint of a fair housing violation.
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You can’t beat free and the only time you pay is if you want to purchase a lease or have expedited rent deposits. Most everything else costs zip, zero, zilch.
One other important note is I always have a unique criteria for each property in my portfolio. Factors like location, square footage, and age or condition of the home all go into the creation of the criteria. I may require a lower credit score, less down payment, the inclusion of pets, or other things that are unique to that property. With that being said, I give every person that views that property the same criteria for that unique property.
While having your criteria is crucial, sharing it is even more important. I like to share with my potential tenants throughout our interactions in the following three ways.
- Share your criteria on your listing. Isn’t it a waste of everyone’s time to look at the listing, consider, schedule, and show a property when the applicant doesn’t even meet the criteria? Though I would encourage you to let everyone apply, giving them your criteria in advance allows them to read it before they reach out or see the property. If an individual reviewing your listing has three dogs and is able to see that this property doesn’t accept pets, chances are they will move on to the next listing. This saves you time from responding to someone who will never qualify under that properties criteria.
- Provide and review a copy of the criteria at the time of showing the property. Once again, if you do not allow smoking on that property, your applicant will have heard and acknowledged that, so even if you forget to mention that in the walk through, you’re still covered. A detailed criteria lets them know you are a professional and those trying to get away with something will move on. On the other hand, if they still apply and you have to deny them for something on the criteria, you know they took the chance, hoping you would not find out or they flat out lied to you. Either way, this is not an individual you want to enter into business with anyway.
- Before you invite them to apply, the Rent Perfect system I use will attach the specific criteria for that property to the link I send them. It’s just one more chance for them to see the rules of that specific property in advance. Simply put, if they cannot pass my rules, they will be declined, and I’ll move to the next applicant.
As a landlord, I give them three separate times to acknowledge and understand my rules before they pay the application fee.
I would rather have the tough conversations before they apply and become my tenant.
Catching a renter smoking after the fact while they are living on the property is a much more difficult (and far more expensive) situation. By being open and sharing your criteria, you can treat everyone the same with a well-documented process if there is ever a fair housing complaint against you. Remember, you are hoping to make this individual your business partner for the next few years. Taking this small but critical step is just one way to help you get the right tenant the first time.
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By Bradley Barth
Estate planning is a crucial aspect of managing your assets, especially if you’re heavily invested in real estate. As a real estate investor, you’ve likely put significant time, effort, and money into building your portfolio. Ensuring that your investments are protected and managed according to your wishes beyond your lifetime is essential. In this article, we’ll delve into some essential estate planning tools that every real estate investor should have in place.
WILL
A will is the cornerstone of any estate plan. It outlines how you want your assets, including real estate properties, to be distributed after your passing. Without a will, state laws will determine how your assets are divided, which may not align with your wishes. When drafting your will, be specific about which properties you want to leave to whom and consider contingencies for any unforeseen circumstances.
TRUSTS
Trusts offer more flexibility and control over the distribution of your assets compared to wills. For real estate investors, a revocable living trust is particularly valuable. By transferring ownership of your properties to the trust, you retain control during your lifetime while
ensuring a smooth transition of ownership upon your death or incapacitation. Additionally, trusts can help avoid probate, which can be time-consuming and costly.
DURABLE POWER OF ATTORNEY
A durable power of attorney allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. This is crucial for real estate investors, as it ensures that someone can manage your properties and investments if you’re unable to do so yourself. Make sure to choose a trustworthy individual who understands your investment strategy and preferences.
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HEALTHCARE PROXY
In addition to financial matters, it’s essential to plan for healthcare decisions in the event of incapacity. A healthcare proxy, also known as a medical power of attorney, designates someone to make medical decisions on your behalf if you’re unable to do so. This includes
decisions about medical treatment, long-term care, and end-of-life care.
BENEFICIARY DESIGNATIONS
Many real estate investors overlook the importance of beneficiary designations on assets such as retirement accounts, life insurance policies, and even certain types of real estate holdings. By designating beneficiaries, you can ensure that these assets pass directly to your chosen
recipients without going through probate. Regularly review and update your beneficiary designations to reflect any changes in your personal or financial circumstances.
LETTER OF INTENT
While not a legally binding document, a letter of intent can provide guidance to your loved ones and beneficiaries regarding your wishes for your real estate investments.
This document can include instructions on property management, maintenance, and any specific goals or objectives you have for your properties. While it may not have the same legal weight as a will or trust, a letter of intent can offer clarity and peace of mind to your heirs.
Estate planning is a vital aspect of managing your real estate investments and ensuring that your assets are preserved and distributed according to your wishes. By implementing these essential estate planning tools, you can protect your properties, minimize taxes and probate costs, and provide for your loved ones in the future.
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Provided by Bigger Pockets
Selecting, validating, renovating, and managing a successful rental property requires specific skills, local knowledge, processes, and resources. The only source for what you need is a local investment team. Without it, you are merely guessing.
The Most Important Team Member Is the Investment Agent
Investment agents are entirely different from regular residential agents. Here’s how.
Residential agents
Residential agents help clients buy or sell homes. The process is simple: Clients scan real estate sites or drip feeds and choose the properties they want to see. The agent provides access to these properties.
If the buyer wishes to submit an offer, the agent facilitates the offer. If the offer is accepted, the agent facilitates closing.
Except for adding the buyer to a drip feed, providing access to the properties, and handling paperwork, residential agents provide little value to an investor.
Investment agents
Investment agents assist clients in purchasing income streams, not homes. They need to understand finance, market trends, ROI, and tenant demographics, and they are always part of a team.
The process is entirely different. Here’s a high-level overview of our process:
- Define the client’s financial goals.
- Develop a property profile that supports the client’s goals.
- Find conforming properties and generate analytics.
- Perform an on-site evaluation for properties of interest, including sending annotated walk-through videos to the client and property manager.
- Obtain the property manager’s evaluation of the property based on the video, including estimated rent, time to rent, and recommended renovation items.
- Estimate the renovation cost based on the property manager’s recommendation.
- Recommend offer price and terms.
- Manage due diligence, including inspections and in-person walk-throughs for property managers.
- Obtain quotes for all renovation items.
- Overwatch renovation after the close of escrow.
- Facilitate property manager take-over and rental listing.
The takeaway
Investment agents and their team members provide a wide range of services, including property selection, property analytics (not MLS data sheets), validation, renovation management, and more. These are highly valuable services for investors.
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Qualifying an Investment Agent
Finding a (good) investment agent can be challenging. The problem is that while there may be thousands of residential agents, there may be only one or two investment agents in a market.
Some residential agents will occasionally sell real estate that becomes rental properties. However, the client selects the properties and provides all the investment skills. The residential agent usually provides no services beyond those needed for homebuyers.
Interview questions
How can you tell an investment agent from others? By asking the right interview questions.
Before interviewing candidates, compose a list of 10 or fewer questions; you will not have time for more. Ask each candidate the same questions, and note each response for later comparison.
Here are sample questions, along with acceptable responses. Will you find a candidate with the “right” answer to every question? Probably not, but make sure they provide reasonable answers.
- Tell me about your investment team: You’re looking for a response like, “I’ve worked with X property manager for years. We’ve completed X properties,” or “I work with several renovation companies…” They have no value to you if they are not part of an investment team. Move on to the next candidate.
- Do you own investment properties? I would reject the candidate if they have not personally owned investment properties.
- How many investment properties did you close in the last 12 months? Some agents only sell two or three properties per year. Even if all were investment properties, there is insufficient repetition for the needed processes, experience, and resources. A minimum of 12 investment properties per year is necessary to be proficient.
- Did you or your client select the properties? This is an important question. Residential and investment-friendly agents do not pick properties. They send MLS data sheets for the properties the client requests. The client evaluates the properties and selects one or more to make an offer. The agent adds almost no value if you do all the work. Investment agents select potential properties and provide analytics. Reject the candidate if the client selected the property.
- What were your primary selection criteria? It could be the initial return, appreciation, tenant pool, or something else. You’re looking for a plausible answer based on analytics, not opinion or “feelings.”
- Tell me about the tenant pool segment you target: Understanding the existence of tenant pool segments and their characteristics is not common knowledge. It requires a person with investment experience. If they do not have a plausible answer or do not understand the question, go to the next candidate.
- How did you estimate rent and time to rent? They should be able to describe a process like, “I look at recently rented comparable rentals.” Another good answer is that they work with a property manager who supplies this information. If they answer that they use Zillow, Redfin, Rentometer, etc., they do not know how to evaluate investment properties. No real estate sites I’ve seen provide usable estimates of rent or time to rent for specific properties. This is critical information when you are evaluating investment properties.
- Tell me about your renovation process: You are looking for an answer like, “I work with the property manager to determine a list of renovation items. Next, I work with XXX company to get a quote. Once escrow closes, the renovation company does the work, and the property manager does final acceptance.” Renovation is a critical success factor.
- What else should I have asked you? This is an absolute golden question. I’ve learned a lot by asking this question at the end of interviews.
For example, I was checking out a neighborhood I did not know. Nothing looked unusual or concerning. While walking around, I saw a woman sitting on her front porch. I talked to her about the neighborhood for a while. I was about to leave when I asked her, “Is there anything else I should have asked you?” Her response blew me away.
She told me that when two drug dealers lived on the street, and they would occasionally shoot at each other. One was sent to prison about a year ago, and the remaining drug dealer keeps things quiet. I saw nothing to indicate the presence of drug dealing, and would not have known if I did not ask the “what else?” question.
If the candidate answered all questions satisfactorily, you are reasonably assured they know what they are doing.
Final Thoughts
Ask the right interview questions to determine whether an agent has the skills you need. Once you find and vet an investor agent, that person will bring the team of people and resources you need.
However, much like in any company, the investment team will only function as well as the leader, which is you. You are still responsible for directing the team and making all major decisions.
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Do you ever think about what you can do to draw tenants to your rental property? Like, how can you stand out from all the other properties on the market?
This week on the podcast we are talking all about what the tenants want and look for when searching for their next home.
Much like the adding value podcast we did a few weeks ago, but this is from the tenant’s perspective, not the landlords.
There are several features that do not cost much, if anything at all, that rental property owners can implement to make their investment more appealing (and thus, more profitable) over their competitors.
From location, budget, digitalization, and physical amenities renters are looking for, we are covering it all on this episode of the Your Landlord Resource Podcast.
LINKS
👉 Episode 23: Tips on Marketing Your Rental Property, Part 1
👉 Episode 24: Tips on Marketing Your Rental Property, Part 2
👉 Kwikset Smart Key: Re-Key Set
👉 Episode 61: Fair Housing and Emotional Support Animals (ESA’s)
👉 Episode 36: ESA Insights and Pet Rules, an Interview with Logan Miller of Our Pet Policy
👉 Episode 77: Adding Value to Your Rental Property for Appeal and Profitability
👉 Episode 34: Our Lease and Addendum Breakdown Part 3
👉 Choice Home Warranty: Never Pay for Covered Home Repairs Again.
👉 Suncast Storage: 22 cu ft, 2X2X6 Vertical Shed
👉 TurboTenant, A landlords one stop shop for tenant management…for FREE
👉 Avail Landlord Property Management Software
👉 EZ Landlord Forms Now Has a Rent Collection Feature!
👉 Text Us a Question! This is a one way text system only. If you want us to respond, you must include your email on the text.
👉 Email us Your Questions!
Stacie@YourLandlordResource.com
Kevin@YourLandlordResource.com
👉 Course Waitlist: From Marketing to Move In, Place Your Ideal Tenant
👉 Download our FREE Forms and Documents!
👉 Help other DIY landlords discover what we have to say… Please leave us a review of our podcast!
On Apple Podcast or ITunes, please scroll to the bottom of our main page (with our logo) and click “Write a Review”.
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By John Triplett
A new survey says renters want flexible monthly payment plans, loyalty programs and help with the stress of moving.
The RealPage survey of more than 2,000 renters showed:
- 98% of renters want a loyalty program for paying rent.
- 93% of renters are interested in flexible rent payments.
- 97% of renters would choose an apartment offering an easy way to manage moving.
The 2024 National Multifamily Renter Study shows the multifamily housing industry must adapt and enhance its offerings to attract and retain residents amid the changing rental landscape and increase in supply, RealPage said in a release.
- 97% say they would be more likely to renew their lease if working with their property manager was as easy as interacting with Amazon.
- 97% would be more likely to choose an apartment offering a service to simplify moving, such as help setting up internet and utilities, finding a local mover and setting up payments.
- 93% were interested in flexible rent payment schedules (biweekly, bimonthly, weekly) rather than a full, once-a-month payment.
“It’s a renter’s market, and they demand more from moving assistance, loyalty programs and payment options to enhance their living experience,” Rob Franklin, Senior Vice President and General Manager of Resident Solutions at RealPage, said in a release. “This national survey confirms the modern experience renters want today, and we are thrilled to bring it to them with LOFT™, RealPage’s fully integrated resident experience platform.”
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Overall, the survey responses showed that enhanced offerings from a property manager, such as a seamless digital app and loyalty programs, factor heavily into a resident’s decision to select an apartment and renew. Research shows 97% of respondents would choose a specific unit and renew their lease if they were offered improved benefits from property management companies.
The study, conducted by Dimensional Research, was presented during RealWorld 2024, the company’s conference that brings together nearly 1,500 registered attendees from the multifamily community to highlight innovations in the rental housing industry. All 2,011 qualified study participants were currently paying rent for an apartment in a multi-unit building operated by a property management company. All were between 18 and 55 years of age living in the United States. A mix of genders, household incomes, regions and demographics were captured to enable analysis by various categories.
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By Krista Reuther
When a tenant approaches you about breaking the lease agreement, before jumping to conclusions, it’s important to understand there are many situations out of their or your control. Being sympathetic, listening to your tenant, and staying mindful of different circumstances will help you understand how you should move forward. While you need to always check local and state landlord-tenant laws, here are five reasons tenants might want to break a lease:
1: Active Military Duty
Active military duty is one of the few times when a tenant is able to legally break a lease without penalty. Active duty military members are covered by the Servicemembers Civil Relief Act, which means a military service member who receives orders to be deployed or to move is allowed to break a lease. It’s important to note, the tenant still needs to follow the proper course of action. Should a service member receive a change of station order during the course of their lease that requires them to relocate for a period of at least 90 days, they must notify the landlord in writing no less than 30 days prior to vacating the rental unit. They also need to provide the landlord with proof they have been relocated, such as a copy of the change of station orders or military deployment.
2: The Tenant Unexpectedly Becomes Unemployed
Job circumstances can change unexpectedly and suddenly. Your tenant might have had a stable job and proof of pay stubs when they signed the lease, but down the road, loses their job. Unless there is a provision in the lease that allows a tenant to break a lease due to financial hardship, the tenant is still responsible for paying rent in a timely manner per the lease agreement. Having a clause related to financial hardship was atypical in the past, but the last year and a half could prompt landlords to include one. Some jurisdictions might require landlords to work with tenants in this situation.
If the lease does not include a clause regarding financial hardship, renters should contact the landlord to inquire about alternative options, such as adding a cosigner or negotiating rent. Remember to be sympathetic and communicate with your tenant to come up with a solution that works for both of you.
3: Job Transfer
A sudden job transfer is a common reason why tenants may wish to break a lease. Should this happen, the landlord is not obligated to release the tenant from their rental agreement. Landlords should explain to the tenant they must pay the remainder of the lease; a solution for this particular reason could be to allow the tenant to sublet which we’ll explain below.
4: The Tenant Has Found Another Home
A tenant may come to you and tell you they found a different rental unit to live in, or that they purchased a home and, as a result, need to break the lease. In this case, the landlord is under no obligation to agree to let the tenant out of their rental unit without penalty, especially if it violates the lease agreement and there are no other protections in place.
5: Environmental Factors
Tenants might want to break a lease based on additional environmental factors. The biggest example of this is domestic violence – the majority of states allow victims of domestic violence to break the lease agreement without penalty by providing landlords with written notice; double-check your state’s landlord-tenant laws to see what protections are in place for domestic violence victims.
Another environmental factor tenants might want to break the lease because of is an unlivable condition in the rental unit. If landlords have failed to keep the implied warranty of habitability to provide a safe and livable rental unit, tenants may have grounds to break a lease agreement. Once again, always check your landlord-tenant laws, or consult with an attorney to make sure you are staying compliant.
How to Protect Yourself in the Lease Agreement
The biggest thing landlords can do to protect themselves when a tenant wants to break a lease is putting the right clauses in the lease agreement itself. Since a lease agreement is a legally binding contract, it’s essential to always review the lease agreement with your tenant so they understand their responsibilities as well as yours as the landlord. Here are some things to include in your lease to help protect yourself when a tenant wants to break the agreement:
- Subleasing Clause: If you choose to include a subletting clause in the lease agreement, this can be a great alternative for renters who need to move away suddenly or cannot afford rent anymore. It can be a convenient solution for landlords as the previous tenant will find a replacement renter, and you can sign a new lease with a new renter. Remember to always screen subletters as well to protect your rental investment.
- Lease Buyout Fee: A landlord can protect their own interests by including a lease buyout fee in the lease agreement. This requires a tenant to give a 60-day written notice and also pay an additional amount equal to two months’ rent. The money is usually due upon notice, and the 60 day period begins when the fee has been paid and an exact move-out date has been provided.
- Forfeit Security Deposit: Another option landlords can include in the lease agreement is that if a tenant wants to break a lease, they forfeit the security deposit. This can be in addition to the buyout fee or any other legally allowed consequences.
Read here to learn what else should be included in a standard lease agreement. To customize a lease agreement, build your own state-specific lease in your TurboTenant account.
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How to Prevent a Tenant from Breaking the Lease
As we mentioned above, sometimes there are circumstances out of your control or legal obligations you have to follow when a tenant wants to break a lease. However, there are a few things you can do to help prevent tenants from wanting to break a lease in the first place. The most important and obvious thing to do is screen all potential tenants. While a screening report will give you a criminal background check, credit check, and eviction history report, landlords should also talk to the tenant and get to know them better.
Ultimately, landlords need to review all of the lease terms, clauses, and additional provisions before a tenant signs. Emphasizing both parties’ responsibilities will help everyone be on the same page.
If you have a tenant who wants to break a lease, remember to be understanding, communicative, and always consult the lease agreement, along with landlord-tenant law. Landlords should be prepared for this type of situation by knowing the legal reasons a tenant can break the lease and setting up the lease agreement properly. If you are looking to fill your vacancy or are expecting a tenant to break a lease, create your TurboTenant account today so you can streamline the process and fill your property in no time.
Tenants Breaking Lease Agreements FAQ
When a tenant needs to break a lease, do they need to give written notice?
Always check your local and state guidelines, but it might depend on the situation. In the example of an active service member, they are required to provide a 30-day written notice. Typically, when leases end, a tenant should also fill out a notice to vacate form.
Should I consult a lawyer when a tenant tries to break a lease?
It’s never a bad idea to consult with your lawyer to know your rights and understand what the correct actions are that you can take. Remember, each state and even individual city might have different laws when it comes to tenants breaking lease agreements.
How can I build protections against tenants breaking a lease into my rental agreement?
You can build protections into your lease agreement, like we mentioned above, by including things such as a buyout clause or subleasing clause. You can easily do this with our customizable and online lease agreements found right in your TurboTenant account. Our leases are state-specific and have been proofed by local landlords and lawyers to ensure you stay compliant.
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Making mistakes with insurance coverages when buying investment properties can cost you big time. We won’t talk here about the really obvious ones like ‘‘not taking out enough insurance’,’ or ‘’not taking out separate flood insurance,’’ because you, one, most likely have already heard about these or two, are unlikely to have made those mistakes because you can’t even get your loan without mandatory home insurance coverage.
So, instead, let’s cover the other areas that investors tend to overlook. They can be less obvious and seem less important but trust us when we say that they can make your life miserable if you ignore them.
1. Not Upgrading to a Landlord’s Insurance Policy
This is easily the most common rookie mistake investors make at the beginning of their careers as landlords. It can seem that so long as the property is covered by homeowner’s insurance, it doesn’t really matter who lives at the property.
Actually, it does, so much so that you may lose your claims for damages caused to the property by your tenants or other problems that occur while your tenants are living at your property.
Landlord insurance is different from standard homeowner’s insurance, and it covers both the property itself and the homeowner’s liability. So, think of common scenarios like theft and break-ins, fires, plumbing damaged by a bad storm, and the loss of rent that can arise from your tenants having to move out after such an event.
Let’s imagine another scenario in which your tenant injures themselves while they’re on the premises. If you’re not covered by landlord insurance, you could be sued by the tenant and may have to cover their medical bills.
You have to learn to think like a landlord. While most investors realize that property maintenance is their responsibility, many don’t consider the other possibilities or the fact that your tenants, to a certain extent, are also your responsibility. Landlord insurance is the easiest way to keep peace of mind in case something does happen.
Of course, landlord insurance only goes so far in terms of what it will cover. Landlord policies, like other insurance policies, come with deductibles, and coverage is typically limited to what are known as covered perils. Fire damage, burglaries, and bad weather are typically included on that list. On the other hand, your tenant damaging your furniture is not, a point we’ll elaborate on shortly.
A quick look at the declaration page of your insurance will tell you if you have standard homeowner’s or landlord’s insurance. You can also call your insurance agent to clarify and discuss switching to the right kind of insurance if necessary.
2. Not Understand the Limitations On Coverage
The second most common mistake investors make is assuming that landlord insurance will cover just about anything that happens at the rental property, including your tenant spilling red wine on a couch you put in your short-term rental.
This is a costly mistake as you most likely will end up having to clean/replace the couch yourself. As a general rule, damage to personal property by tenants is not covered by landlord insurance. Now, if the damage was caused by a covered peril, say, the couch burned down in a fire (that the tenant did not cause), then you will be able to claim for it.
This isn’t a cause for panic. If you own furnished short-term rentals, you can get personal property damage covered via AirCover and other platform-specific programs for short-term rentals. You’ll just have to purchase them separately from regular landlord insurance.
If you want to educate yourself further on what’s covered by landlord insurance and what isn’t, Steadily recently made a valuable video that breaks down some of the common landlord policy coverages that you need to know.
Bonus tip: We mentioned ‘‘loss of rent’’ in our first point, and let’s reiterate that the only loss of rent that landlord insurance will cover is the loss of rent related to a covered peril. So, a situation where a tenant has to move from a fire-damaged building qualifies. One where a tenant just stops paying you rent does not.
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3. Not Realizing Vacancy Clause Time Limits
Most landlord insurance policies include a vacancy clause. This clause will cover the landlord in case it is impacted by several commonly recognized ‘’perils’’ during vacancy. These include vandalism, theft and break-ins, water damage, and sprinkler leaks.
Many new landlords don’t realize that this vacancy clause has a time limit, typically 30 or 60 days. What that means is that once the property has been vacant longer than the time period specified in the policy agreement, you won’t be covered for any of the ‘‘perils’’ outlined above.
Many landlords who rent out their homes long-term may feel that they don’t need extra vacancy insurance because their rental never stands empty for longer than a couple of months. However, if you own a short-term vacation rental, you’re much more vulnerable to the time-sensitive nature of standard vacancy clauses. In that case, getting extra vacancy insurance is a very good idea. This applies to home flippers, too, as properties that are being renovated can easily be unoccupied for many months at a time.
It is always very important to disclose all of the specifics when taking out vacancy insurance because the coverage and the terms will vary depending on why you anticipate vacancy periods at your investment property. You also want an insurance product that will cover you for the right risks. Steadily, for example, has specific products for properties under renovation, fix-n-flips, and long-term vacant dwellings.
4. Not Including Insurance Costs in Deal Analysis
Last but not least, not factoring insurance into your deal analysis can cost you a lot. Depending on where your investment property is located, the costs can vary considerably, and you really can’t just ballpark-guess it. State-by-state premium fluctuations are significant. For example, if you live in Arizona, you may only pay $839 per year, but if you live in Florida, the annual landlord insurance cost will be closer to $1,722 per year. That’s a huge gap.
And geography isn’t everything here. The age of the property and even what type of roof it has can significantly alter the premiums. Obviously, any investor worth their salt needs to know in advance whether landlord insurance will set them back an extra $800 or $2-3k.
So, always factor landlord insurance premiums into your prospective investment analysis. Using a landlord insurance calculator or getting a property-specific quote is crucial for investors performing deal analyses on properties. And bear in mind that landlord insurance, because of all the extra coverage it offers, can cost 25% more than home insurance policies. If you’ve been budgeting for standard homeowner’s insurance up till now, you’ll have to revise all your figures.
Conclusion
Landlord insurance is essential for protecting your rental property against many common problems that can go hand-in-hand with having tenants. Insurance is always about calculating risk, and when someone lives at a property who isn’t the owner, that risk goes up. It’s not just because rentals often get damaged but because there are many logistical difficulties, such as when a rental property is damaged and a tenant has to move out, or when a rental stands empty for long periods of time.
Because of the higher risks, landlord insurance will cost you more as an investor than standard homeowner’s insurance would cost you as a homeowner. However, If you only take away one important point from this list of common mistakes with landlord insurance, it’s this: don’t choose not to take it out. Landlord insurance protects you against the most unexpected events at your rental, which are often the costliest. It could even save your entire business.
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For landlords who want to operate a profitable rental property portfolio where you can grow and scale your properties, accurate bookkeeping is essential.
It is just like any other business. You must maintain good records that will in turn enable you to evaluate and understand your property’s performance and your return on investment or ROI.
Where last week we discussed tips on bookkeeping like tracking, budgeting, and how best to set up your ledger accounts, this week we are talking about what accounting software can best fill your need for such things as bookkeeping automation, reporting, workflow, and tax prep.
Again, not a sexy topic but one that is much needed to keep all of us investors financially aware of what is happening with our rental properties.
LINKS
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