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PDF Editor FAQ

Does an addendum supersede a rental agreement? I have not signed either yet. The rental agreement says no pets but the addendum says I can have two cats. Which statement is enforceable and should I have the landlord remove "no pets" before signing?

You should carefully read the addendum. It should make reference to the lease, and have language stating that it modifies or otherwise adds to, the original lease. Obviously, here there is a conflict between the original document and the addendum. If the addendum clearly states that it modifies or adds to the original lease, is signed and dated by both parties, and post-dating the original, and if the parties contemplated that the pets clause would be modified by the addedum, then a strong argument would be possible that the lease addendum has superseded the original in that regard. Per contract law, the addendum must have all the elements of a contract, but must further clearly indicate that it adds to, or otherwise modifies, the original.

What are the expectations of taking care of a place in lieu of paying rent?

Do not do it. Your liability is off the charts high!!!!Repeat #1 out loud to yourself.Now - how can you do something similar so you are not squatting in someone else's home AND you can get renters insurance to cover your bum:Give owner or lease holder a check for rent which they deposit and you both can prove it cleared their bank.You have a rental agreement in writing signed by both Parties. Standardized rental agreement forms are available online for your state or province.You gave a deposit and have a receipt for deposit.NOTE: If it is a renter or leaaeholder, for agreement to be valid, the owner or owners Power of Attorney doing property management must agree and sign.Then you use an Contract Employment Agreement.There is a wage equal to rent and you are paid that wage. It should be higher or lower than the rent amount. No quid pro quo.There are expectations or terms spelled out in the Contract Employment Agreement.Grounds for canceling the Agreement are defined.There are start and end dates and you use an Addendum to extend if dates change.Home sitters need to protect themselves from accusations of theft, and also that owner won't come back on you and say you owe money.Owners need to have a way to get a squatter out, or remove a sitter gone bad.This goes for pet sitters, plant waterers, and anyone else coming in to your home when you are gone. Get a receipt for keys.

What is your best advice for new landlords? My husband and I recently bought a house, and are planning to rent out the in-law suite.

Congratulations on your new investment. I also have a home with an apartment that we rent out. It pays our mortgage for sure.My first suggestion is that you subscribe to a property management software. I use Smart Property Systems and really like it. It is easy to use and you will have all of the tools that you need to be a successful landlord built in. It is very inexpensive and will cost you about $18 per month including your automatic rent collection. The best part is the the software makes you, the landlord, look professional and experienced.One reason for this is that your tenant will actually have a portal to log into and will be able to see a monthly statement of what is owed (created by the software for you), a running account balance showing what has been charged and what has been paid. There is also a place for them to pay rent automatically through the portal. One of the best features is the message center where your tenant can send you a message about problems or concerns without having to call you. Those messages are automatically filed and kept until you delete them. The tenant has a copy too so they feel protected. Tenants can access their portal from phones too so they do not have to have a compute.Advertising webflyers, which when activated, are sent to a lot of websites where tenants who are searching for rentals can see your property. Tenant screening is also built into the platform.You should charge your applicants a fee that covers the cost of the tenant screening and your time for vetting them. Using this built in tenant screening will get you a robust credit report and criminal history, sexual predator screening, homeland security screening and verification of identity. It also has skip and eviction history built in. It is really important these days to know a lot about who will be living next to you in your valuable apartment.I always call the employer to verify employment and wages (rent should be no more than 30% of total wages paid. So for a $1000 per month rent the applicant should be taking home $3000 per month.) I also call the previous landlord. I always rent to an experienced renter, someone who has rented before and I always be sure that they have a bank account or digital wallet for making payments. I never accept cash and rarely accept payment in person via check or money order because I have to do everything by hand that I pay my software company to do for me. (all rental payments entered through the tenant portal have the accounting in my ledger for that payment automated, and the money is deposited directly into my bank.) No I am not lazy but prefer the automation.After showing the property, I walk the prospective tenant to their car and have a look (secretly) around to see how they take care of that car. If there is enough old food and boxes of stale pizza to feed a 3 year old for a week, I know that this is how they will care for my property and usually will pass on that tenant. But if you are brave you can rent anyway, but do set up regular inspections of the property to be sure it is being kept clean. (Inspection reminders are also in my software.) If you are find tenant caused problems during an inspection, issue a notice to comply and state what needs to be done. Then have a date set to reinspect. If your tenant is not keeping the place clean, or does not comply, you have grounds to cancel the lease before permanent damage is done. That wording also needs to be in your lease.Get a lease agreement from your local NARPM or use one that is on the software you choose. But always have a lease agreement that covers late fees, security deposits, visitors and invited guests, pets or no pets. If you have a one bedroom apartment do not rent to a family of 3 or more. Your rental documents are the guide for what you want from your tenant. Be sure that everything is covered. You can add an addendum for things like “no smoking in the unit at any time” and tell them what the consequence of that kind of damage will be. But if you do not do this and there is damage, a judge will not be likely award you that damage if you end up in court, because it is not spelled out in the lease agreement. If you allow pets, have a separate pet agreement that says that the animal needs to be under owner’s complete control at all times. Barking dogs will not be tolerated. All animal waste is to be removed at the time it is left by the tenant, and whatever else you feel will protect you. When I owned apartments, I had a policies and vacating procedures document that they signed which gave the schedule for expected repainting costs if they were incurred from tenant neglect as well as a list of cleaning instructions that would be used at a move out inspection. ( oh and for sure do a Move In inspection with items listed that are new or known defects, and take photos for your records.) These steps (precautions) really helped keep the cost of cleaning down and most tenants were very happy to get the balance of their security deposits back. If you are a good manager, you will have happy tenants. But one last bit of advice…do not befriend your tenant. You have a business relationship with them and they are not your new best friends. Be nice and get all maintenance requests attended to asap. But no social relationships allowed.There is so much more to tell, so I would recommend that you buy a good property management guide and be sure to read the landlord tenant laws for your state.Rentals provide a regular and dependable income and, if you choose the correct tenant, it really is a good investment. Good Luck!!

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