Author: David Roberson

Commercial property management

Are Property Management Professionals Required to be Educated in Real Estate Investment?

Investors seeking diversification have frequently turned to a rental property or a collection of rental properties to even out and spread risk across their investment portfolios.  As with any investment people should consider all of the issues, problems, and pitfalls along with the potential returns.

Unfortunately, a lot of investors aren’t aware of the potential problems and do not take the time to investigate these issues before they close escrow.  A property management course and a course in basic real estate investment would be great investment time for someone considering rental properties as a source of investment income and long-term investment.  Some of the problems and concerns are discussed below.

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Property Management

Are Property Managers Required to Screen Tenants and Report Credit Issues?

Property managers, or rental owners who manage properties on their own, who fail to take the necessary precautions when screening tenants are asking for headaches and potentially long down time for their rental properties.  Cutting corners in this process is a nightmare waiting to happen which will only increase the amount of time one will spend in pursuit of quality long-term tenants and diminish overall return on investment for the portfolio.

Today, background check screening software available from a professional property manager can quickly and accurately paint the prospective tenant’s employment background, criminal record (if any), eviction record (if any), and credit history.  Without using a professional property manager to help in this process is like dancing on a tightrope which could lead to problems.

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Commercial property management

Property Managers Must Know the Contractors They Refer to Their Clients

In addition to having one’s own list of construction trade vendors professional property managers get bombarded with numerous requests by their clients for the names of contractors; floor guys, cabinet guys, tile guys, plumbers, electricians, handymen, etc.

Before a true professional property manager refers any contractors or any vendors to their clients it is important to make sure you know who they are. Property managers and property management companies should seriously consider asking the following simple but extremely important questions below before referring contractors or vendors to their clients, or even before hiring them to do work on their clients’ properties.

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Property Management

Are Property Managers Required to Know About Lead-Based Paint?

Lead, (Pb on the Periodic Table from Chemistry 1A), has been an integral part of human existence for thousands of years.  It has been very useful and instrumental in the development of plumbing, waste disposal, and water diversion systems from early civilizations. Most importantly lead-based paint was used prolifically up until 1978 to paint the homes, dwellings, and buildings of the United States.  It is estimated that 38 million homes in our country have some form of lead-based paint in the interior or exterior.  Although lead has helped advance our human cause it has also presented hazardous health side effects which required laws restricting its use and requiring disclosures. Property managers, landlords, and owners who rent for a fee must be aware of the requirements set forth by State and Federal Law before renting, leasing or even selling a property built prior to 1978.

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Carbon Monoxide Detectors

Are Property Managers Required to Know About Smoke Detectors?

If you manage properties or rental units for a fee, or you are an individual who rents properties or rental units to people/tenants for a rental fee or leasing fee you should pay attention to what the law requires when it comes to smoke detectors or smoke alarms.  As a landlord you are responsible to know the law; ignorance is no defense to a wrongful death lawsuit or serious fire causing major property damage.

Smoke alarms and smoke detectors are critical residential components which must be handled with care and diligence as they are life-saving and property-saving devices which must not be taken lightly.  The undertaking of managing properties is wrought with legal pitfalls and unknown obstacles, however understanding the law is paramount to being a fiduciary for your client, or being on the right side of the law if something goes wrong.  A new 2014 law in California implements some standards which all property managers and property owners who rent to individuals must be aware of and abide by.

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Commercial property management

Are Attorneys’ Fees Applicable Against Property Managers?

The American rule for attorneys’ fees is that each party bears its own attorneys’ fees and costs unless otherwise specified by contract or statute.  When a contract or statute specifies that the prevailing party is entitled to their reasonable attorneys’ fees and costs, assuming the matter is litigated to conclusion by a court or a jury, the prevailing party can then make a motion for their attorneys’ fees and costs (Motion for Attorneys’ Fees).  The motion is then taxed (Motion to Tax Costs), or opposed, by the opposing party by paperwork, a declaration, and exhibits.

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Commercial property management

Can Property Managers Legally Prohibit Smoking in Rental Properties?

An owner of rental property including single-family residences and multi-unit apartment buildings can legally prohibit smoking in and around their properties just like they can prohibit pets, too many guests, or too much noise. In addition to the obvious health related reasons and rationale for eliminating smoking in rental units by reducing or preventing exposure to secondhand smoke, a no-smoking policy can also reduce risks of fire which may lead to reduced insurance premiums for the properties. 

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Carbon Monoxide Detectors

Property Manager Education about Carbon Monoxide Detectors is Critical

Carbon monoxide (CO) is an odorless, invisible gas produced when any fuel such as natural gas, kerosene, wood, oil or even common barbecue charcoal is burned.   At high levels without proper ventilation carbon monoxide can kill humans in a very short period of time, even after just a few minutes.  Moreover, there is credible research that acute exposure or poisoning by carbon monoxide can cause chronic health effects such as lethargy, severe headaches, amnesia, psychosis, concentration problems, memory impairment, personality alterations, and even Parkinson’s disease.

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California Fence Law

New California Shared Fence Law Effects Property Managers and Rental Property Management Companies

Have you ever heard “Good fences make good neighbors?”  Now, adjoining landowners are statutorily equally responsible for shared fences and boundary fences pursuant to California Civil Code Section 841 which took effect January 1, 2014.  Adjoining or contiguous landowners are now faced with a presumption that because they share an equal benefit of a shared or boundary fence that they are equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.   Property managers or rental property management companies whose clients’ properties are affected by this new law must be mindful of the change and be aware of the procedural requirements dictated by the state legislature.

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