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Residential Property Management/Questions Answered by Expert Ben Edsall

SubjectDate Asked
can tenant I'm evicting change lock?9/4/2012
  Q: because I have asked for help last month too! I have a home that's been in foreclosure for about 5 ...
  A: <b>You can give all the notice you like but without a court order you cannot forcibly evict them. ...
Resident Manager Pet6/4/2012
  Q: I am interviewing this week to manage five one-bedroom apartments (in two old, subdivided ...
  A: I see no legal reason why you could not have a pet. However, tenants are much like children and are ...
Rental housing?5/6/2012
  Q: How are you? I currently live in Waco, Texas, and currently, I am moving out of my house at the end ...
  A: You have pretty much covered all the bases. You may need to increase either you search area or the ...
Managing condo4/22/2012
  Q: I'm canadian and planing to start HOA management business in Florida. Do I need to be american ...
  A: I'm sorry I am not based in Florida and although I am somewhat familiar with their requirements I ...
apartment4/7/2012
  Q: I have 2 questions. The first is: I am a senior US citizen and I live in New York, NY I have, ...
  A: firstly I must say that New York City has many of its own landlord - tenant laws that are specific ...
Residential ( Fl. ) Property Management Requirments1/30/2012
  Q: I am a 25 yr. Fl. Real Estate Broker. What else is required of me besides being a broker to manage ...
  A: According the sources I've read, Florida laws are as follows. ...
Is this legal to do when you’re on a lease?11/5/2011
  Q: I have a lease for my apartment that ends at the end of May 2012. I want to move out either in ...
  A: I sincerely doubt that you would be in violation of any actual laws; however you may be in violation ...
Apartment Alterations10/31/2011
  Q: I live in Queens, NY, in an apartment building. Currently, the apartment above us is being ...
  A: I am not intimately familiar with the codes and building restrictions of Queens, but my knowledge of ...
harrasment from property manager8/20/2011
  Q: I'm 22 years old and just 5 months ago I moved into these apartments with my son(1 year old# and ...
  A: Set up an appointment and sit down with the management to discuss it. It is obvious one of your ...
garnishment6/6/2011
  Q: Can the hoa garnish your wages if your house was forclosed on and you moved to another state?
  A: Interesting, I know of someone else who was worried about a similar problem. I'm not an attorney and ...
Fiduciary duty of a property manager to a lessee4/19/2011
  Q: Greetings. I am leasing a home for one year. The lease is managed by a property management company ...
  A: Unfortunately your situation is not unique, currently we are experiencing similar problems with many ...
Property Management @ my job2/22/2011
  Q: I recently had one of my car windows broken while I was @ work. I have recently come to find out ...
  A: You can sue anyone for just about anything, but placing the liability on the landlord is difficult ...
Property Management Online Schools2/9/2011
  Q: I am looking for online property management course. What do you recommend. Thank you, Rita.
  A: That depends on a number of factors. 1. Does anyone in your area recognize or even know of the ...
How many rentals is too many?2/1/2011
  Q: How many properties is too many properties to manage if per say you are the one and only manager? ...
  A: That depends on a number of factors. Scattered site management can present many challenges ...
beach rental complaint9/29/2010
  Q: A recent beach vacation rental was paid for in full before arrival as is typical. The unit was ...
  A: The management company is the liaison between the owner and the tenants, they hire the management ...
Rental Management Transfer/Deposit9/25/2010
  Q: When I moved into a rental house I paid a deposit to the owner of the property. Later she hired a ...
  A: If the management company did not receive the deposit and do not have it in escrow, they would not ...
notification to enter leased room9/7/2010
  Q: Are there rules about when and how a landlord may enter the premises in which the renter lives. 3 ...
  A: Each state and some municipalities have their own landlord-tenant laws and rules. In most cases ...
planning apartment buying8/29/2010
  Q: respected sir, I live in an apartment and i think the owner is too old and alone that ...
  A: In this economy the hardest thing is going to be getting financing. If you can get the owner to ...
lease/purchase for child8/26/2010
  Q: I am purchasing a home for my daughter and will rent it to her with a lease. How is the best way to ...
  A: There are several online sources for finding these documents, I will link to a few; however it would ...
E&O insurance for property management8/7/2010
  Q: I'm currently a property manager in Dayton, Ohio working for a real estate firm. I'm interested in ...
  A: I'm not sure you need it, if you are working under that companies name and direction you should be ...
Non-renewal Lease notice7/20/2010
  Q: We have been living in the rental townhouse for last 2 years and 2 months. We have been having tons ...
  A: Notice of Non-Renewal is not an eviction and may come for any number of reasons; it should have no ...
Who holds security deposit4/14/2010
  Q: I live in Colorado and am looking to hire a property management company. When we get a tenant; how ...
  A: typically if the tenant is placed by the property manager then they keep the deposit in escrow. If ...
caretaker contracts3/21/2010
  Q: My husband and I recently purchased property that we would like maintained by a live in caretaker. ...
  A: I am not an attorney and would not presume to write up a contract for such a situation. It has been ...
Residential Property Management in California3/10/2010
  Q: I own several properties in California and am interested in starting my own property management ...
  A: If you have an ownership interest in the properties most states do not require you to be licensed. ...
How do I file my taxes?1/25/2010
  Q: Can someone please give me some advice?? I do light maintenance in the apt. building I live in. My ...
  A: First of all, I am not a tax accountant or a tax attorney. I worked for apartment complexes for ...
pool in rental house1/22/2010
  Q: any avoid activity in the or around the swimming pool area in the rental house? what would be the ...
  A: A pool can be a huge liability; but in a rental house it is even more so. As a real estate broker, ...
Growing a property management company1/11/2010
  Q: I currently do some property management. I would like to expand this business. I really enjoy it and ...
  A: If your focus is single family residential or even smaller multifamily like duplexes, I would ...
Apt Mgt company going under?11/29/2009
  Q: I am the property manager for two complexes and I have only been with the company since July 2009 ...
  A: Unfortunately this is not uncommon, they are headed for disaster. If they have in-fact spent through ...
carpets11/10/2009
  Q: One year ago, I and my husband, no children, moved into an apartment. Everything went ok. Now, 1 ...
  A: This is a common complaint, however; a very unusual request from the landlord. My lease ...
standard property management contract10/17/2009
  Q: i have been keeping an eye on my grandmothers small apt. building in harbor city ca. i i have been ...
  A: Terms of the contract will dictate what is and is not acceptable behavior by the management company. ...
tenants threaten and scream at the manager10/13/2009
  Q: I just started as residen manager in a complex of 88 tenants. I have managed other complexes for 25 ...
  A: I've been in this business for over 25 years, I have been called about everything you can imagine. ...
Property Mgr Who Collects late fees9/26/2009
  Q: I own a residential rental property. The property manager doesn't seem very interested in ensuring ...
  A: I too would be upset with a tenant who was 45 days in arrears. I have a system of rent collection ...
Property management company is withholding rent9/24/2009
  Q: we've got a property management company that is currently withholding rent. What options do we have? ...
  A: It depends on what the contract states. I sometimes withhold rent if there are outstanding invoices ...
property management9/23/2009
  Q: I live in New York City, and I'm trying to break into the property management field, but I have no ...
  A: hook up with organizations like IREM http://www.irem.org/ and take some specialized training; that ...
eviction and being sued9/22/2009
  Q: my rent was due sept. 8th. September was the last month of my lease. I was already looking for a ...
  A: I am sorry for your situation, however they are correct that they can go after the cosigner. These ...
renter limit in my condo community9/17/2009
  Q: I'm on the board of my HOA for my condo community. Currently we are over the renter vs. owner ...
  A: I am sorry for your dilemma, however at this time we are seeing many HOA's amending the rules to ...
basic business license to rent out your own house?9/11/2009
  Q: I read that in some states, a basic business license is required if you intend to rent out your own ...
  A: Business licenses are not generally provided by the state. They are often required by municipalities ...
PM termination letter/form9/8/2009
  Q: I am terminating our PM and I need to send a letter within the next week. I need to know if there's ...
  A: Don't try to write like an attorney. The important things you mentioned can all be spelled out in a ...
No running water at our rental7/23/2009
  Q: we are in our third month renting a home, in which we signed a year lease for, with a property ...
  A: I'm sorry I didn't get to this sooner. I never got the first email about your question. The ...
HOA rights regarding tenants/rental properties7/22/2009
  Q: Other than imposing fines on a property owner for infractions of HOA Rules and Regulations by their ...
  A: The Police, if they are parking illegally or they are disturbing the peace, then the police will ...
Reasons for a Request From Landlord7/15/2009
  Q: I rent a house in GA. My lease is up on August. Landlord said he would send out another lease for ...
  A: Yes, it is very common for landlords to keep copies of rent checks; perhaps he deposited it before ...
renting an apartment7/14/2009
  Q: How are you? I would first like to thank you for taking the time out to answer my question. Okay. I ...
  A: I would expect some delays as there was a holiday in that period of time, but dragging out approval ...
Breaking a lease before it starts7/6/2009
  Q: My daughter rents an apartment and her current lease ends in July and she has signed a lease to ...
  A: I did not find anything at the AG's office of Minnesota stating you can cancel without penalty. ...
Foreclosure on a home with a property manager6/22/2009
  Q: We have experienced a few foreclosures during the last few months. We do not know if we should ...
  A: Unfortunately this is something we are seeing more and more of. Our contract states that we are not ...
Poor credit check6/16/2009
  Q: Can I sue my management company for doing a poor credit check and getting an unsuitable renter in my ...
  A: You can sue practically anyone for anything, the question is; will it stick? Unfortunately not ...
Saving old lease documents6/15/2009
  Q: How long do I need to keep the lease document after a renter has moved out(security deposit ...
  A: That depends on the laws of the state you are in. The rules in Missouri and Kansas are defined by ...
deceased tenant's property6/14/2009
  Q: Our tenant died, no will was found by next of kin. They have left furniture in unit and car (with ...
  A: you will likely need to file for eviction to regain possession of the unit. If you let sibling A ...
new property ownership6/3/2009
  Q: My apartment complex apparently isn't doing well financially and the rumor is that they are selling. ...
  A: Leases transfer with ownership, the sale of the property will not affect your lease at all. However; ...
how rent apt. if almost retired with little income?5/6/2009
  Q: I've lived in the same apt. complex for 15 years and would like to move to a nicer place which would ...
  A: Most management companies have a written system of requirements, it is very hard to deviate from ...
Terminating Property Management Service4/29/2009
  Q: I sent a certified mail to my PM company to terminate their service as stated in the agreement, but ...
  A: I'm assuming they are not returning your calls. I would contact the governing authority in that ...
property mgmt4/21/2009
  Q: I was asked by my property manager to update my profile by providing names of my mortgage lenders, ...
  A: I had to read this one a few times to figure it out. I gather that you live in a condo, and the HOA ...
advance rent4/20/2009
  Q: A tenant in Florida paid the whole years rent in advance. Can I use this money now?
  A: As I read the Florida statute I believe you may not be allowed to spend that money until such time ...
Breakin in my apartment4/6/2009
  Q: Last week somebody breakin to my apartment at 5 AM in morning.Frontdesk people of leasing agency ...
  A: It is difficult for me to have a set answer for your question, as I do not know the details of the ...
Deceased property owner3/28/2009
  Q: My father who has been deceased for 6 years now has property in louisiana that is still in his name ...
  A: Most likely; unless there was a will or other form of conveyance, that left the property to you, you ...
Property Management Start Up3/27/2009
  Q: I will be starting a property management company that will assist banks with REO property, ...
  A: The first thing is to find out what the requirements are in the state you are in. Each state ...
Prop. Management dispute.3/25/2009
  Q: If I have credible evidence that my property manager is not acting in my best interest, can I ...
  A: Laws vary by state, WA is not one I have worked in; however in most states the lease is with the ...
Deposit Refund3/21/2009
  Q: I would like to receive all of my $3000 rental deposit refunded as I plan to move this year. After ...
  A: Remove everything, clean everything, repair everything and photograph everything. If you took ...
Property Management Agreement3/19/2009
  Q: I have a question on property management agreement, between the owner and the management company. ...
  A: This seems odd to me, I understand them wanting to CYA with the tenants since they collected some of ...
advertising rental on behalf of landlord3/16/2009
  Q: My friend has a dispute with her landlord regarding whether she was on a mont-to-month basis or had ...
  A: That is entirely up to the landlord, and here's the catch. Advertising a rental property is a tricky ...
Tenant damages3/6/2009
  Q: Who is responsible for tenant's pet damage to carpeting when the hired property manager rents under ...
  A: I would definitely pursue the tenant for the cost of damages. I would seek a judgement against them. ...
Property Management Co going out of business3/5/2009
  Q: I signed with a property management co. in Kona, Hawaii the end of October of last year for our ...
  A: I would start with contacting the agency that governs agents activities in Hawaii, that should be ...
property manager2/24/2009
  Q: Friends of mine hired a property manager from Craigslist. Probably their first mistake. After 12 ...
  A: That depends on what state they are in. Not all states require property managers to be licensed. I'm ...
Constructed eviction1/21/2009
  Q: I signed into a one year lease for a house near my college campus. Upon meeting the landlord, he ...
  A: Your situation is certainly less than ideal; however, what you are considering is not constructed ...
Business Venture1/11/2009
  Q: I live in NY and am starting my own property management company. I will be the only employee and ...
  A: The first part of your question should be answered by your CPA. I chose an LLC for the simplicity of ...
work for rent12/14/2008
  Q: I have a property that I need to rehab. this summer I had a contractor doing work on another ...
  A: Mistake number one: Never trade work for rent or deposit! 1. In most cases they could file a lien ...
Real Estate12/8/2008
  Q: Where can I find a management agreement between a management company and Condo Board Managers for a ...
  A: Here is a sample management agreement from my website. However; agreements need to be modified to ...
renting equipment8/4/2008
  Q: I'm taking a stab in the dark here. I want to rent my bakery. I've figured out the square foot rate ...
  A: possibly you could base it on the depreciation value allowed by the IRS. Ultimately it will come ...
Building management6/13/2008
  Q: I would like to know if there is a residential building with 100+ unit, how does the management ...
  A: Generally in a property of that size they would have an on-site manager who would be paid for their ...
renting from property manager6/6/2008
  Q: We are moving to Sacramento, CA and are struggling with finding the right home to rent. We may have ...
  A: I rather doubt they will negotiate the lease to your provisions. You could contact the BBB and the ...
Property Management Company5/28/2008
  Q: I live in Central Oregon. There isn't a property I have found that isn't handled by property ...
  A: Try to contact the previous management company and see if they will tell you what is going on. While ...
landlord declaring bankruptcy on my rental5/27/2008
  Q: I received several letters from my landlords mortgage company stating the mortgage has not been paid ...
  A: Unfortunately this is very common lately. We have had many tenants come to us because they were ...
Management Responsibility5/24/2008
  Q: I hired a PM to evict my tenant for constant late payment. Which the PM did. The old tenant came ...
  A: What you can hold the PM accountable for will be decided by the management agreement and perhaps a ...
management agreements5/21/2008
  Q: Do you have a good agreement between owner and management company available for me to use? Also, ...
  A: I started out with a form that I purchased from the Institute of Real Estate Management several ...
Termination of Property Manager Agreement5/11/2008
  Q: I live in California, and I signed a contract with a property manager for my Vallejo Home, for one ...
  A: I am sorry for the delay, we have recently moved our offices and it made it difficult to keep up. ...
Renters/Above ground pool5/6/2008
  Q: I have a house that I rent out in Tennessee. (I live in DC) My renters recently informed me that ...
  A: From the US CDC. In 2004, there were 3,308 unintentional fatal drownings in the United States, ...
Quick Question regarding Condo Rules5/1/2008
  Q: Mike, I am a property manager in the new York tri- state area. I am having a very difficult time ...
  A: I'm not sure how doing anything to the staircase would decrease the sound. It sounds more like the ...
Property Management Unfairly Charging4/30/2008
  Q: I live in a subdivision where the home-owners association has outsourced/contracted out the ...
  A: You are not alone, I found several references to this company at http://www.ripoffreport.com , ...
annoying tenant4/29/2008
  Q: I own a dwelling - cottage 2 bedroom which we have been renting to a woman and child for aprox just ...
  A: Evict her and or hire a property manager, some people are simply not cut out for this. You must not ...
Setting up LLC for real estate investing4/28/2008
  Q: my name is Dion. I'm very much interested in starting my own real estate investing company. I've ...
  A: In most cases the you will have a mortgage on the real estate, not a business loan for real estate. ...
Tenant Harassment4/20/2008
  Q: I moved into a home in January and rented it from a property manager who was eventually let go one ...
  A: I am not an attorney. If you need legal advice you should consult an attorney. However; by calling ...
stepped up basis4/10/2008
  Q: I have been part of a general partnership that owns a piece of rental property. I have recently ...
  A: vee, I assume you mean will there be an increase in the property tax basis based on the current ...
termination of property management agreement2/28/2008
  Q: I have a duplex in Florida that has been managed by a property management agency for eight years. ...
  A: Most agreements have a buy out, or termination fee. A clause which tells you what you must pay if ...
pet agreement2/24/2008
  Q: I would like to know how much landlords charge for pet fee each month usually, and how much is the ...
  A: That depends entirely on the property type and the owners requirements. In most cases we require ...
Cancel Property management agreement2/20/2008
  Q: I have been having issues with the owner of the property for some time now and i would like to ...
  A: Our management agreement allows us to terminate on our terms. We often find this is necessary, ...
management degree vs course2/19/2008
  Q: I am going to buy a rental property and my wife is going to manage the property. We are in a ...
  A: #1 this is not a charity this is a business. You cannot ever become involved with your tenants ...
is it worth it2/14/2008
  Q: Is 9% for medium family dwelling acceptable? What services would that include? I have another ...
  A: When we were getting started we often negotiated our fees. Now we know that we are worth every bit ...
difficulty finding tenant2/12/2008
  Q: I live in Georgia (I understand you have the experiences in MO and KS, but I just would like your ...
  A: First of all; you should know that to say you will not accept section-8 may be a violation of the ...
damages or normal wear and tear?2/9/2008
  Q: I own a duplex. My husband and I live downstairs and rent the upstairs. We refinished the bathroom ...
  A: I think the tenant could argue that they did not cause that. I would install a vent fan and tie it ...
What info am I entitled to as an owner?2/9/2008
  Q: We own a townhome in Florida and after being unable to sell it when a new job moved us to another ...
  A: Utilities: we generally give the tenants 5 days to transfer the utilities. on the sixth day we will ...
Utility Responsibility on Rented Mobile Home Lot2/7/2008
  Q: I hope this question reaches into your knowledge bank! My mother-in-law lives in a mobile home park ...
  A: That depends entirely on what is stated in her lease agreement. Read the lease, if the lease is ...
terminating property management2/5/2008
  Q: After 1 year, we have notified our management company that we are terminating our contract with ...
  A: That may depend on what state they are in. However, typically the PM should return them to you. ...
Landlord filed Bankruptcy2/4/2008
  Q: My property manager informed me by US Mail letter (not certified) that the property owner was filing ...
  A: A letter from the landlord stating that they are filing bankruptcy does not negate your lease. If ...
Property Management2/2/2008
  Q: Can a property manager hold a security deposit and then expect a person to get it reissued after 7 ...
  A: 1. I do not understand the security deposit question. 2. Yes, the PM has no requirement to give you ...
Property Investment1/31/2008
  Q: I am looking for some insight as to how a foreign person can buy property in the U.S. I have a ...
  A: My first thought is that you are being scammed by some e-mail hoax telling you they have huge sums ...
House1/29/2008
  Q: I am purchasing an 8 bedroom house in which i would be living in. I would like to rent the 7 other ...
  A: I have been approached with the opportunity to manage similar situations and I declined. Way too ...
rental1/27/2008
  Q: I live in tennessee and I have a small office building 5000 sq ft, one level.....half offices and ...
  A: I would need a great deal more information but I will provide a link to an article I wrote on that ...
Excessive entry by Real Estate Agents1/26/2008
  Q: My family and I have been renting a condo from an individual for over a year. We are in a month to ...
  A: Keeping in mind: 1. I am not a lawyer 2. My expertise is largely confined to Missouri and Kansas. ...
Law or limit for lease renewal1/24/2008
  Q: I have been told by several property managers that lease amount at time of renewal can only be up to ...
  A: Some municipalities like New York, and other more liberal leaning communities have seen fit to ...
Residential Property Management1/23/2008
  Q: I work at a property management company that mainly deals with single family residences and ...
  A: If you plan to stay with single family management one of the best sources for education is the ...
Property Management1/22/2008
  Q: I am a long distances property owner, I've hired a property manager to manage three of my homes. My ...
  A: You shouldn't be doing any of the above. The property manager you hired should be taking care of ...
What to do when rental property goes to foreclosure (tenant)1/19/2008
  Q: I received a paper from a law firm today stating that they had been charged with collecting on my ...
  A: Yes, start looking for a place today. I see this happen frequently, eventually the bank will be ...
invalid lease and monthly charges1/18/2008
  Q: My apt management is conducting a file audit and they have found that my lease was not renewed. they ...
  A: This whole thing sounds like someone made a big mistake and now they are trying to play catch up. I ...
1099s1/15/2008
  Q: I've have a new residential property management firm and I'm wondering about 1099s. As a property ...
  A: Sorry for the delay, My bookkeeper, takes care of all that. But you should really consult a tax pro ...
Qustions on Real Estate1/10/2008
  Q: I am just getting started on taking coures in real-estate and real-estate investing. I am looking ...
  A: In the early 90's there were a bunch of "Gurus" selling programs, tapes and books about no money ...
satellite dish1/8/2008
  Q: I leased my first apartment and was looking into getting a dish. when I asked the land lord if it ...
  A: The FCC (Federal Communications Commission) has addressed this issue and ruled on it. n 1996, the ...
Credit worthiness for home rental1/7/2008
  Q: My roommate and I are looking to rent a Home/Townhome. I believe I have bad credit and don't think ...
  A: Each property management firm or apartment complex should generally have a written set of guidelines ...
Public Health1/4/2008
  Q: Mr Edsall - I'm originially from California now living in Maryland. In Los Angeles it is mandatory ...
  A: I am not in MD, I am in Missouri. However, that is a rather unusual law. I would not expect that to ...
Property Management Co. notdoing inspections1/2/2008
  Q: I enlisted the help of a property management company to lease my home. They never sent me ...
  A: That largely depends on what your management agreement states and what the tenants lease states. The ...

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Ben Edsall

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Expertise

Property Management, Apartment Management, Investment Property

Experience

Apartment Manager 1985-1992, Property Manager 1992-Present, Real Estate Broker, 1992-Present.

Organizations
IREM, NARPM, IEREP, Chamber, BBB

Publications
NARPM Residential Resource, Personal Real Estate Investor,

Education/Credentials
Accredited Residential Manager, Real Estate Broker, Accredited Equestrian Real Estate Professional

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Banks, investors, realtors, lenders, etc.

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