Friday, November 27, 2009

Normal Wear and Tear

One phrase that can trigger some smiles among property managers is the statement, "it's cleaner than when I moved in (the property)." Property managers hear this phrase from many tenants, from those who are clean to one who has lived as a pig in a sty. It is amazing how a tenant can view filth as “normal wear and tear.”

“Normal wear and tear” can elicit very different viewpoints, depending on the person to which you are speaking – a tenant, an owner, a property manager, or a vendor. However, there are definite items that do not apply to the phrase. Here are some examples:


▪ It does not apply to filth and dirt, heavy soil, black marks on walls, rips, or dye stains on window coverings, bleach, or oil on carpets, etc.


▪ It does not apply to negligence, such as allowing mildew to collect on walls & tubs, or not reporting a roof or toilet leak.


▪ It does not apply to abuse, such as ripped linoleum from installing a refrigerator, punching a hole in the wall, stained or ripped window coverings, washing the drapes, etc.


How does our company handle the “normal wear & tear issues?” The first step is to screen the tenants properly as a preventative measure. We prepare the property and create a record of good condition before the tenant moves in.


Our property managers then counsel the tenant on what to expect during tenancy. Then both the tenant and management company sign the rental agreement that outlines the requirements while they live in the property and when they move out.


Later when the tenant moves, we check the property and compare the tenant’s move in with the move out information, followed by properly preparing their security deposit in accordance with state law to protect the owner.


Undoubtedly, there will still be tenants who claim many of the items listed above are “normal wear and tear,” and property managers and owners alike will continue to hear this litany. It is not always easy to cope with the tenant who cries, “'normal wear and tear," when it is actually damage. However, by using common sense, working on the "tenant's perspective," and having good documentation, fewer problems arise, and those that do can be handled as needed.


If your investor is tired of handling tenant screams about normal wear and tear, have them call our management professionals. We can assist them, give them peace of mind, and when they are ready to sell their property, we refer them back to you.


Peter N. Lamandre is a Licensed Real Estate Broker, Consultant, Speaker, Mentor and Licensed Real Estate Instructor in Scranton Pennsylvania. He currently owns and operates Better by Design Real Estate, LLC a full service Real Estate Brokerage in Scranton, PA. One of the areas of specialty for Better by design Real Estate, LLC is property Management. Peter is a member of IREM (Institute of Real Estate Management), the National Association of REALTORS®, the Pennsylvania Association of REALTORS® and the Greater Scranton Board of REALTORS® where he services on various committees and taskforces. Peter can be contacted at his office at (570) 969-2105 or by visiting BetterByDesignRE.com. Nothing Contained within this post shall constitute the creation of an agency relationship between Better by Design Real Estate, LLC and the reader of this post. An agency relationship shall only be created upon mutual written agreement. The Real Estate Law requires that I provide you with a written consumer notice that describes the various business relationship choices that you may have with a real estate licensee. Since we are discussing real estate without you having the benefit of the Consumer Notice, I have the duty to advise you that any information you give me at this time is not considered to be confidential, and any information you give me will not be considered confidential unless and until you and I enter into a business relationship. At our first meeting I will provide you with a written consumer notice which explains those business relationships and my corresponding duties to you. Nothing contained within this post shall be construed as providing legal advice. Anyone with specific questions regarding legal matters should consult the advice of a licensed attorney.

Tuesday, November 17, 2009

Recognizing a Drug House

It is very important for Real Estate agents, property managers, owners, maintenance personnel, or anyone else, to be able to recognize a rental used as a drug house. Unfortunately, they are now part of our society. In particular, “methamphetamine labs” or “clandestine drug labs” are very dangerous, and exposure is normally hazardous. Additionally, drug houses can be located in all economic areas of housing, not just low income.


Agents, managers, and/or property owners can be liable for ignoring the signs of a drug house and not taking action. Fines and legal fees can be extensive. However, managers and/or owners must be careful to avoid discrimination or legal action by wrongfully accusing a tenant of drug activity. Nevertheless, if signs of drug dealing are evident, it is more perilous to avoid them.

Any combination of the following may be an indicator of a drug house:


▪ Constant pedestrian traffic, such as many people coming and going at all different hours and staying short periods, are a definite warning sign.


▪ There is usually constant vehicle traffic, coming and going, parking out front, engines left running, or one or more persons waiting while another goes into the property.


▪ Any heavy traffic, coming and going during late hours, is another sign because drug dealers feel people coming after dark reduce attention.


▪ Extreme security precautions become obvious, such as surveillance equipment, extra motion lights, security cameras, large locks, bars on windows, and dangerous dogs such as a Pit Bull or Rottweiler.


▪ Heavy chemical or suspicious odors are coming from the residence.


▪ The tenant exhibits suspicious activities, such as never coming outside, looking out windows when people leave, avoiding other neighbors, lack of upkeep of yard or house, and a lot of activity in the garage area even though the door never opens.

If any of the above activity is noted, there are steps to take or not to take, if drug dealing is suspect.


▪ Do not attempt to handle the problem without professional help from law enforcement.


▪ Do not enter the property if you suspect a drug house or lab. Instead, seek advice and assistance from local law enforcement, the local Narcotics division, or narcotics detectives.


▪ If a problem is occurring right at the moment, call the police or sheriff and make a report.


▪ Do not call 911 unless there is a life-threatening situation, but definitely call 911 if you suspect personal exposure to toxic chemicals.


▪ Contact the neighbors or a neighborhood watch leader if available.

Above all, beware of activities surrounding the property, be careful, document everything, and do not attempt to solve this on your own. Awareness of drug activity is very important to your success and that of your investors. Call us to provide your clients with professional Property Management services.



Peter N. Lamandre is a Licensed Real Estate Broker, Consultant, Speaker, Mentor and Licensed Real Estate Instructor in Scranton Pennsylvania. He currently owns and operates Better by Design Real Estate, LLC a full service Real Estate Brokerage in Scranton, PA. One of the areas of specialty for Better by design Real Estate, LLC is property Management. Peter is a member of IREM (Institute of Real Estate Management), the National Association of REALTORS®, the Pennsylvania Association of REALTORS® and the Greater Scranton Board of REALTORS® where he services on various committees and taskforces. Peter can be contacted at his office at (570) 969-2105 or by visiting BetterByDesignRE.com. Nothing Contained within this post shall constitute the creation of an agency relationship between Better by Design Real Estate, LLC and the reader of this post. An agency relationship shall only be created upon mutual written agreement. The Real Estate Law requires that I provide you with a written consumer notice that describes the various business relationship choices that you may have with a real estate licensee. Since we are discussing real estate without you having the benefit of the Consumer Notice, I have the duty to advise you that any information you give me at this time is not considered to be confidential, and any information you give me will not be considered confidential unless and until you and I enter into a business relationship. At our first meeting I will provide you with a written consumer notice which explains those business relationships and my corresponding duties to you. Nothing contained within this post shall be construed as providing legal advice. Anyone with specific questions regarding legal matters should consult the advice of a licensed attorney.