The Observer., August 30, 2019, Page 36, Image 36

4 — Friday, August 30, 2019
NORTHEAST OREGON REAL ESTATE
istock/Rawpixel
continued from page 3
We dug up fi ve of the most common myths
newbie landlords fi nd themselves believing,
and set the record straight instead.
Myth No. 1: You’re responsible for all
repairs
While this might be what your (least favor-
ite) tenant is saying, it’s not completely true.
A good lease agreement will usually specify
which repairs you are and aren’t responsible
for, and laws will vary depending on where
you live. But the general rule of thumb is
that landlords are responsible for any repairs
that have to do with the “habitability” of the
property.
“In most states, landlords are responsible
for repairs that, if not made, would affect a
tenant's health, safety, or welfare,” says Texas
attorney J.R. Skrabanek.
It’s also important to note how the dam-
age was caused, since anything caused by
a tenant, their friends, or their pets, is also
generally their responsibility to fi x.
“Smaller repairs, such as replacing light
bulbs or AC fi lters, can and usually should be
a tenant's responsibility,” Skrabanek adds.
Myth No. 2: You can't refuse to rent to
anyone—even a felon
While it’s true there are a number of laws
protecting people with a criminal history
from discrimination, it doesn’t necessarily
mean you’re forced to rent your property to
them.
Under the Federal Fair Housing Act, it’s
considered discrimination to deny housing
to someone with any type of criminal record
(even a misdemeanor that happened over 10
years ago). However, you are perfectly within
your rights to refuse to rent to someone with
a record that could potentially put you, your
property, or your other tenants at risk.
To avoid being accused of discrimination,
consider the crime itself, when it happened,
whether they were actually convicted (as
opposed to just being arrested), and whether
the nature of the crime puts anyone at risk.
If you’re feeling concerned about the answers
to those questions, chances are it’s within
your rights to refuse to rent.
Myth No. 3: Generic form contracts are
good enough for a lease agreement
A lot of landlords use form contracts (the
generic contracts available through your lo-
cal Realtor® association), in lieu of a custom-
ized lease agreement. And sometimes this
works out just fi ne. But when it doesn’t, you
could fi nd yourself in a big mess, with little
legal authority to get out of it.
“Whether these [form contracts] are
drafted well depends on the state,” says Tina
Willis, a personal injury attorney and owner
of Orlando-based Tina Willis Law.
Since the quality of these contracts varies
so much, it’s good to familiarize yourself with
what they cover before just blindly using
one. It’s also good to keep in mind that the
contract may not cover extenuating circum-
stances that are specifi c to your property or
location. Willis has found the local form con-
tracts work well for her properties, so long as
she updates them when needed.
“When we have known potential prob-
lems on any particular property or tenant, I
always draft amendments dealing with that
specifi c scenario,” Willis says.
If your form contract doesn’t cover you in
the necessary ways, you’re better off fi nding a
lawyer to help you write the lease you need.
Myth No. 4: Noisy neighbors? Not your
problem
In fact, this would be your problem—at
least in most situations. And again, this is
where it helps to know your lease agreement.
If there’s anything in there about "quiet
enjoyment" or quiet hours, your tenants are
fully within their rights to expect you to do
something about any excessive or disruptive
noise coming from other tenants. (“Quiet en-
joyment” is exactly what it sounds like, and
this clause is meant to protect tenants from
neighbors who might be making their lives
miserable by throwing loud parties, having
incredibly obnoxious phone conversations, or
walking like elephants.)
And know this: Even when the lease
agreement doesn’t specify a right to quiet
time, it’s often implied and seen as a general
courtesy to help your tenants resolve the
issue.
Myth No. 5: You can’t enter your tenant’s
space
“A landlord has a right to enter a tenant's
space so long as they provide the tenant with
a 'notice to enter' in advance,” says attorney
and CEO of LegalAdvice.com David Reischer.
In most states, 24 hours is suffi cient
advance notice, Reischer says, but he also
points out that this can change, depending
on the reason for your visit.
“In the event of an emergency such as a
fl ood or fi re," he says, "a landlord does not
need to provide any notice to legally enter
the tenant's space.”
So if there’s something you need to check
on, or a repair you need to make, don't
worry—you're not invading your tenant's
privacy. Just do it by the book.