Tuesday, 24 May 2016

Reasons to Opt for Mediation in Solving Landlord-Tenant Issues

Solving landlord-tenant disputes is never an easy task. If you are a landlord, with a tenant with overdue rent or have
a tenant who is in the process of eviction, you already know how physically and emotionally draining the entire process is. If you are trying to find relief by going to court, it will take a lot of money, time, and energy.
If you are in the process of solving an issue with your problematic tenant and you are from Fort Saskatchewan, St. Albert, Edmonton, Sherwood Park or other cities in Alberta, Canada, you have another option – landlord tenant mediation. Mediation is advantageous for the following reasons:
  • It is informal and less intimidating – for many the thought of going to court and facing stern-looking judges is enough to keep you up at night. This fear is almost non-existent if you choose mediation since the setting is more informal. The mediation process provides you and the other party to come to an amicable agreement at the end of the process and the results are legally binding
  • It is faster when resolving disputes – court cases can drag for months and even years. Mediation on the other hand, can be over even in a couple of hours if you and your tenant can easily come to an agreement.
  • It is confidential – all things said and written in court cases are public records. This means that all your tenants from different locations (including every person in the area) can access all the information related to the proceedings. For instance, your tenants from Red Deer can obtain copies of what transpired between you and your problematic tenant in Sherwood Park. This is disconcerting to say the least.
  • It is low cost – going to court is an expensive process and more often than not, the cost outweighs the benefits. Mediation is more affordable and eliminates litigation fees.
  • The result is beneficial to both parties concerned – the mediator has no authority to make the final decision. You and the other party alone can decide how the settlement will go and how it will end. This means that at the end of the process both parties are satisfied in some way since there has been a mutual agreement.
The items listed above are just some of the top advantages of mediation. It is in your financial interest to acquire the help of professional Landlord Tenant Mediation Services. Remember that your goal is the removal of the tenant in the fastest and most cost effective manner possible. Edmonton Eviction Services provides the knowledge, experience, and skills to mediate on your behalf.

Advantages of Hiring a Process Server for Landlord-Tenant Dispute

Having to personally deal with problematic tenants is a common problem of people in the rental property business. While landlords can follow different strategies to weed-out potentially troublesome clients, the same cannot
guarantee a 100% success. If you have been a landlord for years, you will know that no matter how rigorously you screen your potential tenants there will always be a handful that will cause you stress and headaches.
A tenant who is no longer paying rent on time, or worse avoiding paying at all, is a common problem. Keep in mind that you are running a business and not a social service. When this happens it is necessary to go through the process of legally settling landlord-tenant dispute. This process is burdensome to say the least especially for landlords who usually have limited time and patience when settling this kind of dispute. Fortunately, if you are from Red Deer, Sherwood Park, Fort Saskatchewan, St. Albert, Edmonton and other places in Alberta, Canada, you have the option of hiring professionals who can carry out process serving on your behalf.
There are several advantages in choosing to hire a process server for your eviction process and other landlord-tenant dispute such as the following:
• It will provide emotional stress relief.
Needless to say, going through an eviction process is never pleasant. It can create added tension and even hostility between you and your tenant. Having to deal with your troublesome tenant face to face during the entire process may cause a great deal of stress. Having a process server issue pertinent documents and personally meet your tenant regularly on your behalf will take a great burden off your chest.
• It will make the process professional
If you are going to serve notices yourself, your tenant may ignore you or even avoid meeting you at all. A third party (process server) hand delivering notices and other legal documents to the concerned tenant and speaking on your behalf will show that you and the entire tenant that this is serious and requires action on their part. It will force your tenant to receive the documents since it would be impossible for him to recognize and avoid someone he never met. Since everything is well documented it would make a “non-receipt” or “not informed” claim by your tenant, later on, completely invalid and therefore save you money.
• It will help you in serving need documents wherever the tenant is.
When you don’t live near the property you are managing, for example you live in Sherwood Park and your tenant is renting a property in a location far from you, a process server can do this inconvenient work for you. You will save on time, money and energy; and provide you peace of mind.
• It will help you avoid legal troubles later on.
Process serving is an act that is acknowledged to be professional and impartial by the courts. Acquiring the services of a process server will help in ensure that landlord-tenant dispute is carried out in a fair and direct manner. Having a process server will clearly show that you have taken all due diligence and respected the rights of your tenant which would be helpful should you pursue other legal options later on.

The 10 Costliest Landlord Mistakes

Classic business philosophy teaches that a great part of survival and subsequent success lies in an operation's ability to reduce mistakes. The cost or repairing the mistakes is inversely proportional to the amount of profit potential of the operation. In other words..."Mistakes Kill the Profit Margin!!!!!"
As landlord's, we don't want to do damage to the precious profit margin we fought so hard to nurture. A landlord's profit margin struggles every day to survive, grow and flourish in a sea of predators, competitors and government regulators. Below are the top 10 threats to you thriving profit margin.
1-Poor Screening
The costliest mistake is accepting a new tenant without properly screening. An undesirable tenant will often have a poor rental and financial histories. Landlords should review previous landlord relations, credit reports, courthouse records and income. It is probable that if they have not met their obligations with previous landlords, then chances are that they will repeat their behavior with new landlords. Many landlords have faced horrific situations where tenants have stopped paying rent while employing legal maneuvering to avoid eviction. Others have faced tenants who moved in and initiated criminal activity, which adversely affected other tenants and neighbors. Either of these scenarios translates into expensive ordeals where the measures of rectifying the situation can threaten the financial stability of the landlord.
A thorough screening also involves verifying that the person who is applying is the same person that submits credit/criminal info for screening. A picture I.D. should be cross-referenced with the application. Landlords must make sure that there are no omissions, inaccuracies or inconsistency in the actual application. Due diligence will certainly save landlords much money and stress.
2-Lease Preparation
Having a poorly prepared lease is very costly because it is the document that legally binds the landlord to the tenant. It is the rules of the relationship that dictate conflict resolution, financial responsibility and terms of execution. With out a professionally prepared lease the landlord stands to forfeit many of the rights afforded to the owners of the property. Landlords need to employ leases that are designed to protect them and their property and not the other way around. Many generic leases do not take into account the values of the landlord. Therefore, a custom lease would assure the landlord that their interests are protected.
Many times landlords receive requests for agreements after the lease has been signed. Landlords will use their best judgment when deciding to agree to a proposal but must never neglect to put the agreement on paper. A verbal agreement is always vulnerable to a false interpretation by the tenant.
3-Rent Collections
Landlords must always enforce the terms of rent payment as it is written in the lease including late payments and fees. If not enforced, the landlord runs the risk of creating a dangerous precedent that will certainly cost the landlord dearly. If a tenant fails to pay rent for two weeks, then legal notices and actions must be initiated as soon as the law allows. Landlords should not accept partial payments. The courts interpret receiving partial payments from tenants as an acceptance of terms by the landlord. The eviction process is subsequently terminated for that rental period while landlord's costs increase.
If a tenant has had a poor history of paying rent on time, a landlord should consider not renewing the lease. Being late consistently is a sign of financial trouble and future uncertainty for the landlord. Poor payment habits can be a precursor to bankruptcy or evictions.
4-Law and Regulation Ignorance
Many landlords get into rental business with out learning the rules of the game. To get a perspective of the folly of not knowing the rule, Imagine trying to play basketball with out knowledge of the rules. You would become paralyzed from the constant rule infractions. It would be impossible to win. Translated to the rental business: Knowledge of the Laws and regulations can make the difference between a profitable venture and a loser.
Landlords must familiarize themselves with the states' Landlord/Tenant Act. Every state has different laws, therefore due diligence must be taken by landlords to educate themselves. Landlords must also take the initiative to draw upon with the experiences of other landlords. Many landlord advocacy groups exist in most communities and the Internet.
Finally, it encouraged for landlords to develop a relationship with a real estate attorney that specializes in the rental industry. Having a knowledgeable supporter on your side can relieve a lot of uncertainty. A landlord must never wait to the last minute to develop a relationship with an attorney because the requirement of immediate response will prove to be costly.
5-Poor Response to Service Requests-
The number one reason that tenants do not renew their leases is poor response and execution for service requests from the landlord. Tenants expect a constant inspection, repair, and preservation of the general conditions of their rental home. This also includes a timely repair or replacement of parts for appliances. Everything has to be in working order and problems must be addressed quickly and courteously. Everything has to be in working order and problems must be addressed quickly and courteously. To facilitate an efficient delivery of maintenance requests, the property manager's best method of receiving these requests is actually answering the telephone. When the manager is too busy to actually answer the phone or the request comes at an odd hour, many properties utilize apartment call centers. This resource allows properties to always have a human responding to the needs of their tenants. The apartment call centers are industry specific and have a direct, open communication with the maintenance and property management. Maintenance requests should be supported by a shared calendar that documents the request cycle: creation, delivery, execution, completion and follow-up. Maintenance requests, if implemented properly, should be a team effort that will lessen and distribute workload through the property staff.
6-Not Employing Good Customer Service
Running a rental business is just like any other business in the sense with respect to employing good customer service. Many landlords forget that they would not be in business if it weren't for the customer. Practicing good customer service not only reduces tenant turnover, it also is one of the primary forms of marketing. Word of mouth advertising is the time tested, most effective way to promote any business. In the long run, a positive approach to communicating with your tenants will reflect in the profitability and value of a property. On the other hand, poor customer service will take a toll on the general conditions of the property. Tenants will not respect the property by not cleaning up after themselves or not following the property's rules and regulations. Therefore, poor customer service may result in high turnover, high vacancies, higher operational costs and lower profits.
7-Not paying taxes
Many landlords do not have their rental income as their primary source of income and neglect to report their income to the government. Others fail to pay property taxes because they don't reside in the property. Failing to declare income and ignoring property taxes can cause very expensive recovery efforts. The government will assess taxes, add fees, add penalties and assign interest. Other costs will come from attorney fees, added accountant charges and personal time. In extreme cases, landlords may get their property confiscated.
8-Not waiting for the funds to clear
In a rush to fill the occupancy, many landlords make the mistake of allowing the tenants to move in before the funds are cleared. The scenario of tenants moving into a property too soon has caused numerous headaches for landlords having to initiate eviction procedures without ever collecting any rent or deposit. Always ask for money orders and certified checks or simply wait for the funds to clear the bank.
9-Not conducting a detailed premove-in inspection
Neglecting to have the tenants complete a premove-in inspection can result in damages to a property that cannot be documented by the landlord. Payment for rent must not be accepted until this inspection is completed.
10-Not keeping a professional landlord/tenant relationship
Landlords must always uphold a professional relationship with tenants to avoid the pitfalls of not employing the codes of conduct that are based on the stipulations outlined in the lease. The professional relationship is based on the landlord realizing profits from the rental business. Changing the nature of the business relationship threatens the ability for the landlord to collect rent.


Residential Eviction Services

Considerations For A Landlord Before Proceeding To Evict A Tenant

There comes a time when every landlord finds himself / herself in a difficult position of having his rental property occupied by a tenant who is not paying rent, or is making a nuisance of himself and causing problems for other tenants, or is causing immense damage to the rental unit, or his / her conduct makes it impossible to continue with a landlord / tenant relationship. Though, state laws governing eviction vary significantly, the following are a few tips to help landlords finding themselves in the unpleasantly messy situation of evicting a tenant.

As the owner of a significant number of residential units, it will be to your benefit to engage a lawyer to advice you on eviction issues, as well as, for handling legal actions. An established relationship with a lawyer is useful as he will carry out various legal tasks charging a flat fee only, whereas, hiring a lawyer on a case to case basis can result in much higher legal fees.

Evicting a Tenant for Non-payment of Rent

The eviction process involves serving a formal notice, informing the tenant the rent is overdue, and he / she faces possible eviction, if they do not pay on time. If a landlord is not knowledgeable about the legal terms of a notice, there are pre-printed forms which fulfil all legal requirements for a proper notice. In case, the rent arrearage has not been paid after the legally defined period i.e. usually, about a week, a landlord can begin eviction proceedings on the basis of non-payment of rent.

Bear in mind, if the tenant makes a partial payment during the eviction process, in most jurisdictions the acceptance of any payment of rent, even a small amount, can result in dismissal of the eviction lawsuit for non-payment.

Lease Violation

When a tenant does not comply with the terms of the lease he / she signed, a landlord must provide a written warning, referring to the lease clause being violated, and allow him / her time to remedy the problem. This is so the tenant cannot later claim ignorance that he / she did not know, they were in violation of the lease, or they received no notice of the violation. The judge will be in favour of the landlord if it is established the tenant ignored a prior notice and the deadline.

Health and Safety Issues

Certain tenants may pose a health or safety problem for other tenants or for the property, in general. In many jurisdictions, it is permissible for the landlord to evict tenants whose conduct is hazardous to the health of other tenants or can damage the property. First of all, a landlord should serve the tenant with a fixed period of time notice (a week) to remedy or repair the problem, or else move out. If no corrective action is taken, a landlord can proceed with the eviction proceedings.

Even if a tenant resolves the issue, but you still want him / her out, serve them a notice on eviction on health or safety grounds, as well as, a notice stating their tenancy is being terminated.

Bankruptcy

In the event a tenant files for bankruptcy, an automatic stay prevents a landlord from continuing with the eviction proceedings until the bankruptcy is resolved, or the bankruptcy court permits eviction proceedings to continue by lifting the stay. This may require a motion to be brought before the bankruptcy court, asking for the stay to be lifted.

Tenant Counter-Claims

When a landlord begins eviction proceedings, some tenant may bring counter-claims against the landlord, such as, inadequate maintenance of property or violation of the lease, and may ask the court to stop eviction proceedings or else for a substantial rent decrease in arrearage owed.

This is why it is good practice to keep written records of any complaints received from tenants about the rental unit or common areas, and steps taken by the landlord to resolve them, as also with warnings of tenant misconduct. Remember a landlord's can preclude a tenant's claim that despite repeatedly complaining about a problem with their unit, the landlord failed to respond with positive action, as long as the landlord has kept records of all interaction with the tenant and of action taken.

Trials

Before going to court, a landlord must ensure all his documentation in relation to the case is in order and there is nothing missing. Unless a landlord is conversant with the rental laws of his state and has had enough experience in eviction cases, it is also advisable to engage a lawyer, well versed in property law of the state a landlord's rental property resides in.

The above should provide you with enough knowledge of what is required for a successful eviction for Eviction Services Edmonton visit edmontonevictionservices.com