Is it legal to rent my own condo without a broker
Q1
Is it legal to rent my own condo without a broker?
A1
To my knowledge (and I’d bet a lot of money on it), no governmental jurisdiction restricts the right of an owner to manage his own properties. Most, perhaps all states require a license to manage property of another for compensation, some requiring a real estate broker license, others having a special management license.
Be sure that you know and follow your association’s CC&Rs, Bylaws, and Rules & Regulations related to rentals and that you provide copies of those documents to tenants. Also be sure that your lease agreement explicitly covers those items by including a clause whereby the tenant acknowledges having read the documents and promises to abide by them. I highly doubt that an association can legally require an owner to use a broker.
Those who do manage their own properties should be sure that they understand and follow all federal, state, and local laws related to rental property – including those related to fair housing, tenant screening, and lead-based paint. Even if using a broker, one must be sure the broker is knowledgeable and follows the laws because the owner will ultimately be at risk for a broker’s mistakes.
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Q2
An ex-tenant moved to another state after I got a judgment for damages. What can I do?
A2
A judgment obtained in one state is usually collectable in another state. In fact, the only defense a debtor would usually have against collection is if he could convince the court at his new location that the state where the judgment was obtained was not the proper jurisdiction. This is unlikely to be possible when the litigation related to rental housing. Check with the clerk of the Court where the debtor is now located to determine the exact procedure for that particular Court.
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Q3
I recently evicted tenants who had 4 months remaining on a 2-year lease when they moved out. I am keeping the security deposit due to unpaid late fees and damage of a counter top and two large stains on bathroom floor. I just received a phone call from their supposed lawyer, threatening a law suit against me for the deposit. I have pictures of damage receipts for replacement costs, which exceeded the amount of damages, and detailed list of each month late fee was not paid, along with copied checks and deposit slips. I sent this information to them explaining why they were not receiving the deposit back. Do I have all of my angles covered? Can I take them to court for the remainder months of the lease and yet unpaid damages?
Am I legally in the wrong for not having a joint inspection and only sending an accounting for the non-returned deposit.
I live in Ohio and believe the time for providing an account summary of the deposit is 30 days. I thought I read it was 30 days after the tenants had actually moved out. They moved out on the September 4th I sent the certified letter to them on September 27th.
Am I legally in the wrong for not having a joint inspection and only sending an accounting for non-returned deposit?
A3
The answers will depend somewhat on whether or not you provided an accounting for the non-returned security deposit within the time required by the law of your state. As you thought, it appears to be 30 days in Ohio. If you can prove they moved out on September 4th and you have a Certified Mail receipt, you should be OK regarding timeliness.
My cursory research did not turn up anything to show that Ohio requires a joint move-out inspection, but that is something you could further research.
In some states the requirements are different, even eliminated when a landlord actually fully completes an eviction, not simply terminates their tenancy.
If they were actually fully evicted, the date would be the date the sheriff removed them. If there was not such a removal, you would hopefully have some evidence to indicate the date they left.
Anyone can sue anyone else for any reason, real or imaginary. The important thing is to appear in court to defend yourself. Otherwise, the plaintiff will likely obtain a default judgment of whatever was asked for in the complaint.
If you are worried, consider having a competent landlord-tenant law attorney advise you and perhaps send a letter on his stationery wherein he takes the position that you followed the law. If a suit is actually filed against you, keep in mind that it is almost always best to be represented in court by an attorney if the other party is represented by an attorney.
Another possible approach is to file your own lawsuit for yet unpaid damages or other items, as filling first could help support your position.
Finally, you should consider negotiating a settlement that is acceptable to both parties after finding out which particular charges are objectionable to the ex-tenant. Going to court costs time and money.
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