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How Is Rental Income Taxed?

How Is Rental Income Taxed?

How Is Rental Income Taxed?

How Is Rental Income Taxed?

Owning and overseeing a rental property presents an excellent opportunity to generate passive income through rental payments. However, it’s crucial to bear in mind that rental income is subject to taxation by the Internal Revenue Service (IRS), and landlords are obligated to report it in compliance with the new 1099 requirement.

To ensure you are well-prepared for the tax season, we will elucidate how rental income is taxed and provide you with best practices for effectively tracking this income.

What Is Rental Income?

What constitutes rental income? According to the IRS, rental income encompasses “any payment you receive for the use or occupation of a property.” This includes income derived from renting out your property to various tenants, whether they are travel nurses, conventional tenants, or individuals renting a single room.

Furthermore, there are other types of payments that are considered rental income:

  1. Advance rent: This refers to any amount received before the official lease term begins.
  2. Security deposits: If you plan on refunding the full security deposit amount to the tenant, you do not need to include it as rental income. However, if you retain a portion or the entire security deposit, you must report it. If the security deposit is used to cover unpaid rent, the IRS treats it as advance rent and requires it to be reported.
  3. Tenant-paid expenses: If tenants are responsible for paying expenses that you would normally cover, such as utilities (e.g., water and sewage bills), these payments are considered rental income.
  4. Property or services in lieu of rent: If you receive property or services instead of monetary rent, you must include the fair market value of the property or services in your rental income. For example, if a tenant offers to paint your rental property instead of paying two months’ rent, the value of the painting service would be included in your rental income.

It’s essential to keep track of all these different sources of rental income to ensure accurate reporting to the IRS.

How Rental Income Is Taxed

When it comes to rental income, the IRS wants landlords to report all of it on their tax return. There’s this new 1099 rule that kicks in, making landlords report rental income over $600 through non-employment channels. Oh, and remember, you gotta report the payments in the same year you receive them, even if your tenants credit them to a different year.

Now, the fun part is figuring out which tax forms to use as a landlord. Usually, you can rock the Schedule E (Form 1040) form to report income and expenses from your rental real estate. But hey, it can get a little trickier depending on the type of rental property, how long your tenants have been there, and if you’ve ever used it for personal stuff.

Oh, and keep in mind that the amount of tax you’ll owe on your rental income depends on which tax bracket you fall into. Don’t worry, though—those details are best shared by a tax pro who can hook you up with the scoop tailored to your situation.

Is Rental Income Taxed as Ordinary Income?

Rental income is subject to taxation as ordinary income. However, as a property owner, there are various deductions available that can help lower the taxable amount. These deductions encompass expenses such as mortgage interest, insurance premiums, utilities, Homeowner Association (HOA) fees, depreciation, repairs, renovations, and more. When it comes to filing your taxes, consulting an accountant can be beneficial in determining the deductions you qualify for based on your specific circumstances. They can assist in identifying eligible deductions and ensure you take full advantage of available tax benefits.

Can I Avoid Paying Taxes on Rental Income?

Nope, that’s not gonna happen. Reporting your rental income is a requirement by the IRS, so there’s no escaping it. But hey, here’s some good news: you can actually reduce the amount you owe by working with an accountant who knows their stuff. They’ll help you uncover the deductions and tax breaks you qualify for. It’s like finding hidden treasure for your wallet!

Now, here’s the deal: failing to report your rental income can lead to accuracy-related penalties, criminal charges, and tax fraud accusations. Yeah, not a pleasant situation to be in. So, it’s important to establish a process to keep track of your rental income, maintain a record of property-related expenses for deductions, and get ready for tax season in advance. Stay on top of things, my friend!

And remember, there are various tools and resources out there to simplify your life. They can help you track your payments considered as rental income and even manage maintenance costs if you log them appropriately. Embrace the convenience!

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

Ready to make a Move?

Bardell Real Estate are the experts in helping you with your selling, buying or renting needs near Orlando, Florida. Make your Disney area experience a forever memorable one. Call us now to speak to a real estate agent.

 

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Pet Addendums: What Landlords Should Know

Pet Addendums: What Landlords Should Know

Pet Addendums: What Landlords Should Know

Pet Addendums: What Landlords Should Know

With approximately 90% of tenants being pet owners, it becomes crucial to incorporate a pet addendum (or pet policy) into your lease agreement, outlining specific regulations pertaining to pets, particularly emotional support animals (ESA) and service animals.

This article aims to offer a comprehensive introduction to pet addendums and offers valuable insights for landlords on safeguarding their rental properties while accommodating pets.

What Is a Pet Addendum?

A pet addendum is a legally binding document that delineates a landlord’s stipulations and requirements regarding the presence of pets, emotional support animals (ESA), and service animals on the rental property. While many lease agreements already incorporate clauses related to pets, if such clauses are absent, a pet addendum can be utilized to formally introduce new provisions to an existing lease or to modify and update an existing lease through a lease amendment.

Typically, a pet addendum includes the following essential details:

  1. Date of the original lease amendment or modification.
  2. Property address where the pet will be allowed to reside.
  3. Landlord’s contact information.
  4. Tenant’s name and relevant information.
  5. Comprehensive pet information, encompassing the name, breed, size, gender, age, and weight of the pet.
  6. Specified pet-related fees to be borne by the tenant, such as pet rent or deposit.
  7. Signatures of all parties involved.

Why Rental Agreements Should Include Pet Addendums

If you’re okay with tenants having pets, make sure you have a document that’s legally binding. This document should explain the rules tenants need to follow, any restrictions on pet breeds and sizes (if there are any), and the costs or fees the tenant needs to pay for having a pet.

Even if you don’t allow pets, it’s still important to have a section in your rental agreement that talks about pets. This section should make it clear what will happen if tenants bring in unauthorized pets and what documents they need to provide if they have emotional support animals (ESA) or service animals.

What Could Happen If You Don’t Cover All Types of Pets in a Lease?

Not including a pet clause or addendum in your lease agreement can cause problems. You might struggle to enforce your rules, charge the right pet fees, and end up responsible for pet-related property damage. If you don’t address emotional support animals (ESA) and service animals in your lease, you could violate renters’ rights and get into legal trouble.

Here’s a real-life example: Riley Adams, an accountant, had a tenant who registered her animal as a support dog, but it went against his lease terms. To avoid legal action, he had to change the lease to allow qualified service animals with proper paperwork. By doing this, he resolved the situation peacefully. But it’s important to think about ESA and service animals when making pet rules to avoid similar problems.

3 Ways to Cover Pets in Your Lease Agreement

Three Legal Documents for Addressing Pets in Your Lease Agreement

  1. New Lease Agreement: If you’re starting fresh with a new lease agreement, consider using an Avail lease agreement. These agreements are reviewed by lawyers, tailored to specific states, and contain local requirements and a pet clause.
  2. Pet Addendum to Rental Lease: If your existing lease already includes a pet policy but requires additional terms that were not initially covered, a pet addendum can be used. This document allows you to add new provisions to the existing lease agreement.
  3. Pet Amendment to Rental Lease: In situations where you need to modify an existing pet policy, similar to Riley’s experience, a pet amendment is the appropriate document. It allows you to alter specific sections of the agreement related to pets, accommodating changes or updates as necessary.

Can Pet Addendums Exclude Emotional Support Animals?

Differences exist between how emotional support animals and service animals are treated across states, with varying legal protections in place. However, under the Federal Fair Housing Act (FHA), landlords are prohibited from rejecting tenants who have a mental or physical disability and possess a service animal or ESA. Even if pets are generally not allowed on the property, landlords are required to make “reasonable accommodations” to accommodate these individuals.

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

Ready to make a Move?

Bardell Real Estate are the experts in helping you with your selling, buying or renting needs near Orlando, Florida. Make your Disney area experience a forever memorable one. Call us now to speak to a real estate agent.

 

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The Main Types of Rental Agreements

The Main Types of Rental Agreements

The Main Types of Rental Agreements

The Main Types of Rental Agreements

When you’re planning to rent a property, it’s important to understand the different types of rental agreements available to you. Rental agreements are legally binding documents that outline the terms of the tenancy, such as the rent amount, payment due date, and other conditions that both the tenant and landlord must follow.

Here are the main types of rental agreements:

  1. Fixed-term lease agreement: This type of agreement sets a specific period for the tenancy, such as six months or one year. The lease typically specifies the rent amount, the security deposit required, and any restrictions or rules that tenants must follow. Both the tenant and landlord are bound by the terms of the lease for the duration of the agreement.

  2. Month-to-month rental agreement: This type of agreement doesn’t specify an end date for the tenancy, and instead, it automatically renews each month until either the tenant or landlord decides to terminate it. Month-to-month agreements usually require a 30-day notice period for termination.

  3. Sublease agreement: This type of agreement allows a tenant to sublet their rental unit to another person. The original tenant remains responsible for paying the rent and abiding by the terms of the original lease agreement, but the subletter is typically responsible for paying rent to the original tenant.

  4. Roommate agreement: This type of agreement is used when two or more people want to rent a property together. The agreement outlines the responsibilities of each roommate, such as how rent and utilities will be split, and what each person’s rights and obligations are.

It’s important to carefully read and understand the terms of any rental agreement before signing it. If you have questions or concerns about the agreement, don’t hesitate to ask the landlord or seek legal advice.

Ready to make a Move?

Bardell Real Estate are the experts in helping you with your selling, buying or renting needs near Orlando, Florida. Make your Disney area experience a forever memorable one. Call us now to speak to a real estate agent.

 

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The Difference Between Active and Passive Real Estate investing

The Difference Between Active and Passive Real Estate investing

The Difference Between Active and Passive Real Estate investing

The Difference Between Active and Passive Real Estate investing

Starting the journey of real estate investing can be an intimidating task for many people.

There are a plethora of options, risks, strategies, and things to learn that any one person may not even know where to start.

One of the first things that must be considered, however, is whether your investments are going to be active investments or passive investments.

In this guide, we will be discussing the differences between the two real estate investing strategies, as well as the advantages and disadvantages of each.

Before beginning to compare them, let’s make sure we know exactly what each one is.

What Is Active Real Estate Investing?

Active real estate investing is a form of investing that is much more hands-on and involved. This means that the investor is fully involved in their real estate investments. The role of an active investor typically involves a large amount of analysis, research, and expertise in order to succeed.

Active real estate investors are also completely responsible for their portfolios. This means that they are the ones who consider the risks and rewards for each one of their investments. Thus, the general goal of an active real estate investor is to consistently be right about the best times to buy and sell and make a profit out of it.

Below, we have provided some examples of things that active investing may consist of.

Examples

Most of the work involved with active real estate investing has to do with buying, selling, or renting properties. A very common real estate investment is known as a fix-and-flip. This is when an investor buys a property and then later fixes it up to sell for a profit. These investments can be very risky and involve a lot of time and money to do.

Another form of active investing is renting out a property. This consists of purchasing a property and turning it into a rental property by renting it out to someone else. Doing this creates a great source of passive income that can even cover the property’s mortgage until it is fully paid off. Once the rental properties are paid off, the investor is free to either sell them or move into them themselves.

What Is Passive Real Estate Investing?

Passive real estate investing is similar to its active counterpart, except with much less involvement and effort. These investments are typically less expensive than active ones but also have lesser returns.

Passive investing is commonly used for the long term, like saving for retirement or for a college fund. For this reason, passive real estate investments are more like buy-and-hold investments. This means that you invest, and you keep that investment for many years until you want it back.

Examples

Most passive investments consist of real estate funds, crowdfunding opportunities, or a real estate investment trust. All of these require the investor to invest at least a small amount of money and wait some time before getting a return. By investing with these methods, you are not building any sort of real estate portfolio. Instead, you are basically investing in someone else’s portfolio, hoping that they make a profit and you do too.

So, as you can see, a passive real estate investment is much different than active real estate investments. But what exactly are those differences?

Below, we have outlined some of the most notable differences between the two investments.

Key Differences Between Active And Passive Real Estate Investing

We have already seen that both kinds of investing are pretty different. But it’s always good to know exactly what those differences are. In this section, we have covered the differences in the two investing styles for some of the most important areas, which are:

  • The amount of work needed
  • The experience required
  • How much income is earned
  • The liquidity of the assets

Without further ado, let’s get into the comparisons.

Work Done

First off, we are going to compare the amount of work needed for each. Active investing requires an immense amount of work and can typically be considered a full-time job. Especially for those investing in residential and commercial real estate, there are so many different factors and things to do that investors won’t have time for anything else.

On the other hand, passive investors do not require as much work. Participating in a real estate fund or crowdfunding opportunity can be as easy as going on your phone and putting in some money. Obviously, passive investors should do some research and invest their money where they believe they will make a profit. However, the research is minimal and the risk is also minimal as they can usually take the money out whenever they want.

When investors can get their investments back easily, or whenever they want, the investment is known as a liquid investment. Liquidity is extremely important when investing, and will be discussed later.

Experience Required

Another very important factor to consider when comparing the two investing styles is the amount of experience that is required. Since passive investment is as easy as going online and searching for potential funds, it does not require that much experience. A few days of research, or even hours, can bring you to some long-term, profitable investments.

On the other hand, active investments require much more time, effort, and most importantly, expertise. Active investors must be well versed in timing the markets to know when to buy and when to sell. They must also be able to tell which properties have a potential for profit and which ones don’t. Without these skills, investors risk losing a lot of time and money on their investments.

Income

For some people, the deciding factor between the two investment strategies is income. When determining income, it is vital that you also consider the risk involved as well as the time. For example, a passive investor may make a fraction of what an active investor makes in a year, but they did not have nearly as much risk.

Generally speaking, this is the case when it comes to comparing both incomes. Active real estate investors acquire their own income-producing real estate and keep all the profits. This can net them anywhere from a few thousand dollars to millions of dollars a year. On the other hand, passive investors make that amount simply by waiting long enough and not risking their greatest assets – their money.

Liquidity

As mentioned before, liquidity is the ability of an asset to be liquidated, or sold, back to the market. Most real estate investments, like residential or commercial properties, are known as illiquid assets. This is because selling properties is not necessarily easy, and can take months.

In contrast, most passive investments are easy to convert to liquidate because they are still in the form of cash. For most investments, an investor can take out his money whenever they want to. The only downside to this is that certain investments may charge a fee for taking out investments early.

So now that we know all about some of the key differences between active and passive real estate investing, let’s go over the advantages and disadvantages of each one.

The Pros And Cons Of Active Real Estate Investing

First, we’re going to be going over the pros and cons of active real estate investing. Let’s get right into it.

Pros

Flexibility

One advantage of being an active real estate investor is that you can be more flexible with your investments. Since an active investor is the sole manager of their investments they can buy and sell at their own command instead of following a specific index. This can come as a great advantage, especially for those who have higher expertise in the area.

More Control

Just as discussed in the previous point, active investors have way more control over their investments than passive investors. Since passive investors are investing in the ideas of other people, they may miss out on opportunities that are even more profitable.

However, this added control also means added risk if the investor is not knowledgeable. Passive investors only risk losing a portion of their assets when they invest, but active investors can risk losing a ton more since they are solely responsible for their investments.

Tax Benefits

Active real estate investors can also take advantage of some pretty neat tax benefits. One of the most beneficial tax benefits is the ability to deduct expenses. These expenses must be tied to the real estate investment, and can include:

  • Property taxes
  • Maintenance
  • Interest
  • Property management fees
  • Office space

…and anything else that counts as a business expense.

Cons

The advantages of active investing seem nice, but there are always drawbacks.

Higher Risk

One of the obvious risks of investing actively is that the investor will face a higher risk. Since they are investing their own money into their own intuition, they are risking losing all of it. And, unfortunately, it is not easy to get back, depending on how severe the investment was.

But, as everyone knows, with high risk comes high reward. It is very nice when the analysis is correct, but when it’s not correct, it can be very, very bad.

More Expenses

Another disadvantage of active investing is that it is more expensive than passive investing. These expenses come in the form of transaction fees, paying analysts for advice on investments, and other fees.

Although they may not seem like much at first glance, these expenses can build up over the years and completely kill your returns. That is why it is essential to stay on top of expenses and make sure they do not get out of control.

The Pros And Cons Of Passive Real Estate Investing

So, now that we have discussed all the pros and cons of active investing, let’s go over the same for passive real estate investing.

Pros

Very Cheap To Start

One of the best advantages of passive investing is that it is really cheap to start. Since the only fees that a passive investor will pay are a couple of transaction fees when they want to invest more money, the expenses do not pile up as much.

Also, the minimum investments for many funds and indices are usually not too high. This means that investors can get started with only a few hundred dollars in their bank account.

Lower Taxes

Another advantage of going with passive investments is that there are fewer taxes. This is because there is less income. With the buy-and-hold strategy, the capital gains every year is very low. This means that the taxable income from these investments won’t be as much compared to that of active investors.

Cons

Very Limited

One of the disadvantages of passive investing is that the investor is very limited in what they invest in. For example, when investing in an index or fund, the investor does not choose which assets are being invested in. They are only choosing the collection of predetermined investments that they hope will yield them a profit.

Small Returns

Passive investors also suffer from smaller returns compared to active investors. Obviously, this is because there is much less risk and skill involved in passive investing. However, these small returns add up over the years. Countless investors put a small amount of money every month into their investments and grow to large sums of money by the time they retire.

Which One Is Right For You?

Although we know are able to differentiate between active and passive investing, and know the advantages and disadvantages of each one, we still haven’t answered the most important question – which one is right for you?

That question can be answered by asking yourself a set of questions. These questions are:

  • How much risk are you willing to take?
  • What level of control do you want?
  • How much expertise and skill do you have?
  • How much time can you dedicate to investing?

These guiding questions are sure to help get you to the answer that you desire. Just make sure to consider all the factors in your life before making any decision

Source

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

Ready to make a Move?

Bardell Real Estate are the experts in helping you with your selling, buying or renting needs near Orlando, Florida. Make your Disney area experience a forever memorable one. Call us now to speak to a real estate agent.

 

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Short-Term Lease vs. Long-Term Lease

Short-Term Lease vs. Long-Term Lease

Short-Term Lease vs. Long-Term Lease

Short-Term Lease vs. Long-Term Lease

Every landlord needs a lease agreement that clearly outlines the responsibilities and protections of both parties. Lease agreements ensure that everyone is aware of the expectations set during the lease term — especially your tenants.

However, there are different lease term durations a landlord can offer, such as a short-term lease or long-term lease. Both have their pros and cons, so you’ll want to know which one makes the most sense for your rental property.

Keep reading to learn more about how both types of lease agreements differ and when to offer short-term lease agreements to tenants.

What’s the Difference Between Short-Term Leases and Long-Term Leases?

A short-term lease agreement lasts anywhere from three to six months, or can go month-to-month until the tenant decides to move out. Long-term leases are anything longer than six months and can go up to 15 months before needing to make a new lease.

Long-term leases are usually preferred by landlords since they guarantee a longer stream of rent payments, but the lease term duration can vary depending on the goals you’re trying to achieve.

Is It Better to Lease Short-Term or Long-Term?

If you’re looking to establish a longer stream of income through rent payments, then long-term leases may be more suitable for your rental. Short-term leases can be beneficial if you’re looking to sell your property soon, want more flexibility in adjusting the rent price, or plan on not living in the property for three to six months.

During the summer months, there may also be a higher demand for short-term rentals due to tenants seeking temporary housing in new cities for job opportunities or summer classes.

When to Offer Apartment Short-Term Leases

There are certain instances where offering an apartment short-term lease makes the most sense. Here are different types of tenants that may benefit from a short-term lease:

  • Relocating for a job: Some tenants may have had to move to a different area in a short amount of time for a new job. This can result in them needing temporary housing until they purchase a new home or find a long-term apartment.
  • Renovating a primary property: If homeowners are currently in the process of renovating their home, they may need temporary housing for a period of time until the house is complete.
  • Overseas travelers with a short-term visa: Short-term visas are typically active for a maximum of 90 days, which means they’ll need to move again if they’re unable to stay longer.
  • Temporarily visiting the area: With more companies offering fully remote positions, more people have been visiting new areas for short amounts of time. Offering a short-term lease can allow visitors from different cities to rent out your property until they decide to go somewhere else.

Looking for rental services in Orlando – we can help.

We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

    Ready to make a Move?

    Bardell Real Estate are the experts in helping you with your selling, buying or renting needs near Orlando, Florida. Make your Disney area experience a forever memorable one. Call us now to speak to a real estate agent.

     

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    How Long Can a Tenant Stay After the Lease Expires?

    How Long Can a Tenant Stay After the Lease Expires?

    How Long Can a Tenant Stay After the Lease Expires?

    How Long Can a Tenant Stay After the Lease Expires?

    Occasionally, your tenant may not vacate your rental property when a lease is up. As such, you may wonder how long a tenant can stay after the lease expires. This situation can be challenging to navigate, so it’s crucial to have all the facts before you take action.

    This article will discuss what landlords should know, how to handle a tenant who won’t leave, and how to prevent the situation from occurring.

    Can a Tenant Stay After the Lease Expires?

    A tenant can usually stay at a rental property after a lease expires as long as the landlord allows them to. Suppose the original lease isn’t renewed or a new lease isn’t signed. In that case, the tenant may enter into one of two types of tenancy:

    • Tenancy at will: This is when a tenant continues to pay rent with the landlord’s permission until either party wishes to terminate the agreement. A tenancy at will is not the same as a month-to-month lease since there isn’t a binding lease in the former situation.
    • Tenancy at sufferance: If a landlord doesn’t give a tenant permission to stay but hasn’t evicted them, they have a tenancy at sufferance. In this case, it’s essential to understand your local landlord-tenant laws before taking action, as states may vary in how long tenants can stay in the property after the lease expiration date.

    What Is a Holdover Tenant?

    If either of the situations mentioned earlier occurs, your tenant is now considered a holdover tenant — someone who remains in the rental after the lease has expired. If the landlord continues to accept rent payments from them, a holdover tenant may have the legal right to occupy the property.

    Holdover Tenant Risks

    This arrangement may not bother you if you have a great relationship with your tenant and allow them to stay past the lease expiration date. However, there are risks to consider when dealing with a holdover tenant.

    1. Reduced landlord control: Since a lease agreement doesn’t bind a holdover tenant, you’ll have to be mindful of things like property damage, unapproved pets, rental arbitrage, and more. Holding the tenant accountable or pursuing legal action may be challenging without an enforceable lease.
    2. No guarantee of consistent rental income: Rental income from a holdover tenant isn’t guaranteed. They may pay rent late or notify you of plans to vacate before a rent payment is due if they have a tenancy at will. This can leave you with less income than initially planned and provide short notice to fill a vacancy.
    3. Delayed updates and maintenance: If you had plans to update a unit as part ofthe rental turnover process, your goals might be interrupted by a holdover tenant. For example, you may need to postpone repairing a water-damaged ceiling, which can worsen the damage and ultimately cost more. Similarly, a holdover tenant can also delay renovations that could increase the value of your rental.

    How to Deal With a Holdover Tenant

    Landlords have a few options when a tenant stays after the lease expires. Here are the main four to consider.

    1. Allow the Tenant to Stay

    Allowing the tenant to stay while continuing to collect rent is an easy way to avoid confrontation. However, landlords should know the risks of allowing holdover tenants to stay without an active lease and how this can impact their rental business before choosing this route. You may also want to consult with a lawyer or refer to your local landlord-tenant laws for important rules to be aware of.

    2. Negotiate a New Lease

    By negotiating a new lease, the landlord and tenant will again have a legally-binding contract. This may help reduce the risks to the rental property since landlords can add clauses to enforce rules and restrict certain actions.

    3. Offer Cash for Keys

    A landlord may offer a tenant who refuses to leave cash as an incentive to cooperate. This is where a tenant agrees to vacate on a specific date in exchange for a payment from the landlord.

    This method is a less expensive alternative to a formal eviction, but review your local landlord-tenant laws before taking this path to avoid legal violations.

    4. Pursue Eviction

    Landlords may also consider evicting a tenant who refuses to leave after the lease expires. The process varies from state to state, so you may wish to consult legal counsel before initiating an eviction.

    If you plan to pursue this option, you must not accept any complete or partial rent payments from the tenant, as doing so will negate the eviction process.

    What to Avoid If a Tenant Stays

    Because holdover tenants have rights, there are actions and behaviors that landlords must avoid, even if the tenant isn’t paying rent. Landlords cannot:

    • Threaten or harass a tenant to convince them to leave.
    • Refuse to make repairs that affect the tenant’s health and safety.
    • Change the locks while the tenant is still inhabiting the property.
    • Perform a self-help eviction.
    • Retaliate with a rent increase.
    • Shut off the utilities.

    These and other actions could violate a tenant’s rights and lead to lawsuits if the tenant decides to pursue legal action.

    How to Prevent Tenants from Staying After the Lease Expires

    An easy way to ensure a tenant doesn’t become a holdover tenant is to explicitly state your rules and expectations of what will occur towards the end of the tenancy in your lease. Clear instructions in a signed lease agreement will ensure you’re covered if you pursue legal action against a holdover tenant.

    Source

    Looking for rental services in Orlando – we can help.

    We work with our Owners and tenants as individuals and never under estimate what it takes to keep you happy with your choice of Management Company.

    By doing our due diligence with our clients, tenants, and vendors we create a service that exceeds expectations and generates positive referrals. Click HERE to learn more and how one of our property management professionals can help you!

    Ready to make a Move?

    Bardell Real Estate are the experts in helping you with your selling, buying or renting needs near Orlando, Florida. Make your Disney area experience a forever memorable one. Call us now to speak to a real estate agent.

     

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